News & Events

International

DIFC Court of Appeal dismiss the claim in Massun v Mousi & Ors.

After a long running dispute, the DIFC Court of Appeal has dismissed the claim in Massun v Mousi & Ors. Outer Temple members, David Russell KC and Stephen Doherty, acted for the Second and Third Defendants. Stephen Doherty has written an article in relation to the Massun v Mousi & Ors case that he and David Russell KC were instructed on. They both acted for the Second and Third defendants. Stephen Doherty analyses the case in this article, exploring the different points of law relevant to individuals or families holding their wealth through complex corporate structures and trusts as well as potential risks that can come about. Please read the full article here. Find out more David Russell KC commenced…

Legal Blog & Publications, Commercial, News, International 28 Sep, 2022

Lucian ILIE published in ICLG 2022: International Arbitration Laws and Regulations – Romania Chapter

Outer Temple’s Lucian ILIE has co-authored the ‘Romania‘ chapter in the International Comparative Legal Guide – International Arbitration 2022 along with Adrian Iordache from Consortium Legal. It covers common issues in International Commercial Arbitration, divided into 15 different topics: Arbitration AgreementsGoverning LegislationJurisdictionChoice of Law RulesSelection of Arbitral TribunalProcedural RulesPreliminary Relief and Interim MeasuresEvidentiary MattersMaking and AwardChallenge of an AwardEnforcement of an AwardsConfidentialityRemedies / Interest / CostsInvestor-State ArbitrationsGeneral You can read the full chapter here, free of charge. Find out more Lucian ILIE is a barrister specialised in international law and international arbitration, with particular expertise in investor-State disputes and commercial arbitration cases. Combining experience of civil law culture with common law know-how, Lucian’s practice areas include: (i) International Arbitration, International Organisations, Private and Public International Law and International Commercial Litigation.…

Legal Blog & Publications, International 1 Sep, 2022

David Russell QC to speak at FBCG’s 7th Annual Legal Roundtable

Outer Temple’s David Russell QC will be speaking at the FBCG’s 7th Annual Legal Roundtable, which will be taking place on September 8th 2022 at the Ritz Carlton DIFC in Dubai, UAE. The Family Business Council-Gulf (FBCG) is a non-profit membership organisation which aim to help facilitate the continuation of GCC family business across generations. The Legal Roundtable is an annual event where the region’s leading family principals and their legal counsels gather together to discuss their approach. Please click here to find out more about this event. Find out more David Russell QC commenced legal practice in 1974. He is admitted to practise in Australia, England and Wales (Lincoln’s Inn), the Courts of the Dubai International Financial Centre, New York…

Events, International 30 Aug, 2022

David Russell QC contributed to Bloomberg Tax article ‘Navigating Estate and Succession Planning in the Middle East’

Outer Temple’s David Russell QC contributed to a Bloomberg Tax article called ‘Navigating Estate and Succession Planning in the Middle East’. The article explores the topic of proper estate and succession planning being key to Middle East families’ long-term financial security. David Russell QC contributed to a publication by Bloomberg Tax called ‘Navigating Estate and Succession planning in the Middle East’. The article draws upon the idea that there is a massive generational wealth transfer happening in the Middle East and that many families are unprepared for this. It then goes on to explain how wealth is distributed in different situations. Please click here to read the full article. This article was published on July 28th, 2022, and was primarily…

Private Client & Trusts, Legal Blog & Publications, International 1 Aug, 2022

David Russell QC published in ‘Lexis Middle East HR Alert’

Outer Temple’s David Russell QC was recently published in the Case Focus section of LexisNexis’ June 2022 Edition of ‘Lexis Middle East HR Alert’. ‘Lexis Middle East HR Alert’ is a magazine by LexisNexis providing HR professionals with relevant fast-moving legal changes and business developments impacting HR in the Middle East. Within the Case Focus section, David Russell QC addresses a DIFC Court proceeding case entitled ‘The Industrial Group Ltd v Abdelazim EI Shikh El Fadil Hamid’. The case involves allegations of a previous employee dishonestly transferring company group funds to his personal bank account. Within the Case Focus, David explores: what happened, the outcome and any particularly significant aspects of the case. Please click here to access the full…

Private Client & Trusts, Legal Blog & Publications, International 24 Jun, 2022

David Russell QC and Justina Stewart to speak at FIRE Middle East & TL4 Disputes: MENA Asset Recovery and Enforcement Challenges

David Russell QC and Justina Stewart are due to be speaking at FIRE Middle East & TL4 Disputes: MENA Asset Recovery and Enforcement Challenges this evening. Outer Temple’s David Russell QC and Justina Stewart will be speaking at FIRE Middle East & TL4 Disputes: MENA Asset Recovery and Enforcement Challenges which is being hosted by Keidan Harrison. The event will take place this evening from 6pm-9pm at Ashworth Centre, Lincoln’s Inn. The event is free to attend, click here to register now. Find out more: David Russell QC commenced legal practice in 1974. He is admitted to practise in Australia, England and Wales (Lincoln’s Inn), the Courts of the Dubai International Financial Centre, New York (as a Legal Consultant), New Zealand…

Events, International 9 Jun, 2022

The Reciprocal Enforcement of Civil Judgments between the UAE and India

David Russell QC has co-authored a feature in the MENA Business Law Review, looking at the Agreement between the UAE and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters. The Agreement between the United Arab Emirates and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters (the “Treaty”) was signed in 1999 and ratified in 2000. In January 2020, the Government of India notified the UAE as a “reciprocating territory” for the purposes of recognising UAE civil judgments in India without a re-examination of the merits of the underlying dispute. The Treaty is a reflection of the close cultural and economic ties between the two countries. The mutual recognition of civil judgments between a civil…

Commercial, Legal Blog & Publications, International 11 Apr, 2022

Hong Kong skyline

International arbitration in Hong Kong – innovation and change

Hong Kong continues to compete and innovate in the world of international arbitration. This is reflected in the legislative framework, key reforms, and the practice of the leading institutions in Hong Kong. This short article introduces Hong Kong as a seat of arbitration and provides an update on recent reform and innovation. Authors David Holloway and Damien McDonald conclude this article with an observation on practice in Hong Kong and how it supports the development of Hong Kong as a leading arbitration seat. Arbitration Framework – supporting commercial arbitration Hong Kong’s international focus The arbitration law in Hong Kong was based on English arbitration law until 1989 when the Arbitration Ordinance was amended to adopt the UNCITRAL Model Law on…

Arbitration, Legal Blog & Publications, International 8 Apr, 2022

David Holloway wins landmark DIFC State Immunity Case

David Holloway recently represented Fal Oil Company and successfully achieved the enforcement of a judgment for over US$300 million plus significant interest against the Sharjah Electricity and Water Authority (SEWA). The underlying litigation had a complex and long history, involving appeals to the UAE Supreme Court and the intervention of a royal commission. Fal Oil had been unsuccessful in attempts to execute the judgment in Sharjah over a number of years. Enforcement proceedings in the DIFC Courts were contested by SEWA, who opposed the enforceability of the judgment on grounds of State Immunity and Public Policy. The judgment of the DIFC Court in Fal Oil Company  v SEWA sheds considerable light on the question of State Immunity as understood in the DIFC and the…

Commercial, News, International 4 Aug, 2021

David Holloway contributes to debate on Hague Choice of Court Convention

David Holloway recently contributed to the debate on the Hague Choice of Court Convention, hosted by João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law. The HCCH 2005 Choice of Court Convention (“Convention“), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. Born suggested that states bound by the Convention should denounce it, and that other states, including those like the United States, China, and Israel whose signature foreshadows ratification, should discontinue their work. João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law responded, firmly, against the charges laid at the Convention’s feet…

International 28 Jul, 2021

Joshua Hitchens successful in constitutional rights appeal against the Attorney General of Trinidad and Tobago

Joshua Hitchens acted as part of a team who were successful in a constitutional rights appeal for two appellants who wrongly served additional time in prison in Duncan and Jokhan v Attorney General of Trinidad and Tobago. Joshua Hitchens was led by Anand Beharrylal QC in a constitutional rights appeal against the Attorney General of Trinidad and Tobago for two appellants whom, due to an error by the Court of Appeal in criminal proceedings, were required to serve 29 months in prison after their earliest date of release which they ought not have served. The Privy Council allowed the appeal of Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17 and the matter was remitted to the…

News, International, Public Law 21 Jul, 2021

James Counsell QC and Stephen Doherty successful before DIFC Court of Appeal in Lakhan v Lamia [2021] CA 001

James Counsell QC and Stephen Doherty, instructed by Leonora Riesenburg at INTADR, have been successful before the DIFC Court of Appeal in its recent judgment in Lakhan v Lamia [2021] CA 001.   The DIFC Court of Appeal has dealt a blow to recalcitrant parties seeking to invoke the jurisdiction of the Joint Judicial Committee (“JJC”) in an attempt to obstruct proceedings before the DIFC Courts. In Lakhan, the Court of Appeal has revised its historical practice of automatically staying proceedings upon petitions being made to the JJC, by confirming that, in order for any stay to take effect, there must first be a positively determined “conflict of jurisdiction”, and the mere existence of two sets of proceedings before the DIFC Courts and the onshore…

Commercial, News, International 15 Jul, 2021

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