News & Events


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

A holistic overview of Qatar Financial Centre Trust Law

David Russell QC has been recently published in the Qatar Business Law Review. In his article, David provides a holistic overview of the nature, functionality, and practical administration of trusts in Qatar and highlights analogues that may be found with the Common Law of trusts and principles in England and Wales. David begins the article by noting that the law of trusts is codified in the Qatar Financial Centre (QFC) Trust Regulation No. 12/2007. These QFC foundations David notes have a comparable outcome in private international law terms, and unlike in neighbouring Abu Dhabi, should be regarded as providing general application. As a starting point, Article 78 of the amended regulations defines a trust as “a right, enforceable solely in equity, to the beneficial…

News, International 7 Jul, 2021

Anthony Lo Surdo SC named a leading mediator in NSW by Doyles Guide 2021

We are pleased to announce that Anthony Lo Surdo SC has been named in Doyles Guide to the Legal Profession as a leading mediator in NSW, 2021. Anthony has been recognised for his expertise using online peer-review based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies. This category was introduced in 2017 and Anthony has been ranked every year since. Doyles Guide Doyles Guide is an awards recognition program for law firms and lawyers across Australia. Awards are attributed as “Australia wide” or for specific states and are also awarded relative to practice area or speciality. Doyles Guide rank their leading mediators across a range of mediation disciplines including general commercial…

Commercial, News, International 7 Jul, 2021

Outer Temple’s International Law Team Instructed in Cases at the Organization of American States

Alex Haines and Victoria Brown have been instructed in two cases currently going through the internal justice system of the Organization of American States in Washington DC. The First International Conference of American States held in Washington DC between October 1889 and April 1890 approved the establishment of the International Union of American Republics that was subsequently reconstituted as the Organization of American States (OAS) in 1948 when the Charter of the OAS was signed in Bogotá, Colombia. The OAS brings together all 35 member states of the Americas and constitutes the main political, juridical, and social governmental forum in the hemisphere. In addition, it has granted permanent observer status to 69 states, as well as to the EU. As with most international organisations, the…

News, International 1 Jul, 2021

Percival Billimoria appointed as Senior Advocate by High Court of Delhi

We are delighted to announce that Percival Billimoria has attained the elite title of Senior Advocate in India. Percival is a Professional Associate at Outer Temple Chambers and practises in India and internationally. The applications for Senior Designation were called in early 2019 pursuant to the newly notified High Court of Delhi Designation of Senior Advocate Rules, 2018. Over 200 applications were made with less than a quarter being successful in achieving this nomination, Percival being one. Strict application criteria includes bar practice for at least 10 years, a significant amount of work in the High Court of Delhi and the Courts, and a demonstrable history of pro-bono work. The designation is akin to Queen’s Counsel. Percival Billimoria is a…

Legal Blog & Publications, News, International 22 Mar, 2021

Outer Temple’s growing International Organisations Law Team

Members of the OTC International Organisations Team have been instructed in several high profile cases this year, including Sanctions Law disputes and cases before the World Bank Administrative Tribunal, United Nations Appeals Tribunal, United Nations Dispute Tribunal and European Bank for Reconstruction and Development Administrative Tribunal. But what exactly is International Organisations Law? How many international governmental organisations (“IOs”) exist today? This seemingly straightforward question has kept academics, researches and practitioners busy mostly because nobody knows for certain.  There are, on any view, hundreds of IOs: the Oxford Handbook of IOs puts the figure at more than a thousand while Murdoch University in Australia settles on around 800.  Some commentators are of the view that the figure is closer to…

Legal Blog & Publications, News, International, International 18 Dec, 2020

Anthony Lo Surdo SC, FCIArb approved as an International Arbitrator in Papua New Guinea

Outer Temple Chambers is delighted to congratulate Anthony Lo Surdo SC, FCIArb on his appointment by his Honour Deputy Chief Justice Kandakasi as an International Arbitrator. His Honour Deputy Chief Justice Kandakasi in his capacity as Judge Administrator of the ADR Track of the National Court of Justice of Papua New Guinea, has approved the professional credentials of Anthony Lo Surdo SC, FCIArb as an International Arbitrator. Mr Lo Surdo SC has now joined the Court’s ADR Service’s Register of International and Domestic Arbitrators. Outer Temple Chambers congratulate Mr Lo Surdo SC on this well-deserved recognition of his experience, standing and repute as an international arbitrator. Find Out More Anthony Lo Surdo SC is a Professional Associate at Outer Temple…

Legal Blog & Publications, News, International 28 Oct, 2020

Robert Rhodes QC appointed to Panel of Mediators of the International Commercial Mediation Center for the Belt and Road Initiative

We are delighted to announce that Robert Rhodes QC has been appointed to the Panel of Mediators of the International Commercial Mediation Center for the Belt and Road Initiative. The International Commercial Mediation Center for the Belt and Road Initiative is a world-leading dispute resolution service,  well suited to disputes that arise in relation to the Belt and Road development strategy, to promote economic co-operation along proposed Belt and Road routes. The Belt and Road initiative aims to build connectivity and cooperation between China, the land-based Silk Road Economic Belt, and the 21st Century Maritime Silk Road. The “Belt” refers to economic and overland transport links connecting China to Central Asia and Europe via six economic corridors, while the “Road” indicates…

Legal Blog & Publications, News, International 20 Oct, 2020

Sanctions Law Latest: Article 5 of Blocking Regulation tested for first time at the ECJ

In March 2020, the European Court of Justice was asked, for the first time, for the proper interpretation of Article 5 of the Blocking Regulation in the case of Bank Melli Iran v Telekom Deutschland GmBH.  John McKendrick QC and Alex Haines examine the Bank Melli case and Blocking Regulation below.   The Background On 28th November 2018, after US secondary sanctions on Iran came back into force earlier that month, the Hamburg District Court granted an interim injunction in Bank Melli Iran v Telekom Deutschland GmBH 319 O 265/18 on the basis of the EU Blocking Regulation (Council Regulation (EC) No 2271/96). The court ordered Deutsche Telekom, the defendant, to reinstate internet and telephone services to the claimant, Bank Melli Iran, after it had stopped services…

Legal Blog & Publications, International 3 Jun, 2020

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