News & Events

International

Alex Haines and Jeremy Scott-Joynt instructed in International Monetary Fund Administrative Tribunal

Alex Haines and Jeremy Scott-Joynt are instructed in a case involving the criteria for reclassification from Economist to Financial Sector Expert for an international civil servant before the International Monetary Fund Administrative Tribunal (IMFAT) in Washington DC. The case deals not only with the personal consequences of the IMF’s decision for the Applicant, but also with the novel issue of whether a regulatory gap – in this case the lack of formal criteria (being in fact unpublished, undisclosed and rarely applied) – is within the IMFAT’s jurisdiction. The International Monetary Fund (IMF), having been conceived in July 1944 at the Bretton Woods Conference in New Hampshire, formally came into existence on 27th December 1945 when its first 29 member countries signed its…

News, International 6 May, 2022

David Russell QC acts successfully for Godolphin Australia Pty Ltd, owned by HH Ruler of Dubai, in thoroughbred horse breeding dispute

In Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue, David Russell QC acted successfully for the plaintiff, with the Australian court finding that the thoroughbred horse breeding properties were exempt from land tax. Factors included, the uneconomic nature of the racing operations viewed as a stand-alone operation, as important reasoning for finding the dominant use of the land was for the maintenance of animals to sell their bodily produce.  The plaintiff, Godolphin Australia Pty Ltd, is part of the global thoroughbred breeding operation and horseracing team founded by the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum. Represented by David Russell QC, it sought a review under s97(1) of the Taxation Administration Act 1996 (NSW) of an unfavourable…

Private Client & Trusts, News, International 3 May, 2022

Members excel in Legal 500 EMEA 2022 Commercial Law rankings

Legal 500 have just announced their EMEA results and we are proud to announce that Outer Temple and a number of our members have been ranked for commercial expertise in the Middle East. These rankings reflect competency in providing expert advisory and advocacy services and facilities for contract and commercial, financial, regulatory, taxation and trusts, employment and arbitration work in the UAE and across the Middle East. Outer Temple Chambers is the first and only set of barristers’ chambers to have a registered office within the Dubai International Financial Centre (Part 1). Tier 2 Set Outer Temple Chambers has been ranked as Tier 2 set in the Middle East: The English Bar: Commercial guide. Testimonials provided to Legal 500 included:…

Commercial, News, International 13 Apr, 2022

David Holloway is published in ICC Dossiers on multilateral and unilateral sanctions

‘The Case of Multilateral and Unilateral Sanctions.’ David Holloway has co-authored a chapter discussing the interaction between sanctions and international arbitration in the ICC publication ‘Overriding Mandatory Provisions and Arbitrability in International Arbitration’ The sanctions enacted by the European Union (EU), the United States of America (U.S.) and various other States in 2014 against several Russian individuals, as well as the (re-imposed) sanctions regimes put in place against Iran and Iranian nationals have sparked a debate among scholars and practitioners concerning the arbitration of disputes involving parties or transactions targeted by the sanctions. The issues arising from these actions, however, are not completely novel. The impact of sanctions on international arbitration has been studied and discussed for many years, notably…

Arbitration, News, International 11 Apr, 2022

Alex Haines and Henry Reid instructed in case before the African Union Administrative Tribunal

Alex Haines and Henry Reid have recently been instructed in a case before the African Union (“AU”) Administrative Tribunal, an international administrative tribunal (similar in nature to both the World Bank Administrative Tribunal and United Nations Dispute Tribunal) which is based in Addis Ababa, Ethiopia. The African Union The AU is a continental union and regional organisation – equivalent to the European Union – consisting of the 55 member states that make up the countries of the African continent. In 2001, the AU was created to replace the Organisation of African Unity (“OAU”) and it was officially launched in 2002. The evolution of this institution was the outcome of a consensus by African leaders that there was a need to refocus…

News, International 6 Apr, 2022

Jeddah Skyline

Alex Haines and Victoria Brown instructed before the newly established Islamic Development Bank Administrative Tribunal

Two members of Outer Temple’s International Organisations Law have been instructed in the first set of cases before the Islamic Development Bank Administrative Tribunal (IsDBAT) which is based in Jeddah, Saudi Arabia. Alex Haines and Victoria Brown have been instructed in a case before the IsDBAT in a case involving an allegation of unlawful termination of employment. The Islamic Development Bank (IsDB) is a Multilateral Development Bank (MDB) whose mission includes the promotion of social and economic development in Member States and Muslim communities worldwide. The present membership of the IsDB consists of 57 countries, with the Kingdom of Saudi Arabia funding almost a quarter of its total capital.   The IsDBAT is a judicial body that functions independently of the IsDB; its…

News, International 14 Mar, 2022

World Bank

Alex Haines and Carin Hunt instructed in World Bank Administrative Tribunal sex discrimination case

Two members of our International Organisations Law Team have been instructed in a case before the World Bank Administrative Tribunal in Washington DC against the International Bank for Reconstruction and Development Alex Haines and Carin Hunt have been instructed in a case before the World Bank Group’s Administrative Tribunal (WBAT) involving an allegation of indirect sex discrimination. The WBAT was established by the Board of Governors of the Bank in 1980. It acts as a judicial forum of last resort for the resolution of cases submitted by World Bank Group staff members alleging non-observance of their contracts of employment or terms of appointment. The WBAT’s decisions are final and binding on the Bank. The WBAT is composed of seven judges, all of whom…

News, International 16 Feb, 2022

World Bank

Alex Haines and Victoria Brown successful in two cases at the World Bank Administrative Tribunal

Alex Haines and Victoria Brown successfully represented the applicants in two recent WBAT cases. The World Bank Administrative Tribunal (“WBAT”) delivered last week its 8th November 2021 judgments in Cases Nos. 659 (GH v International Finance Corporation) and 660 (GI v International Finance Corporation).  Alex Haines and Victoria Brown represented two Heads of Funds at the International Finance Corporation (“IFC”), one of the five World Bank Group Agencies together with the International Bank for Reconstruction and Development (“IBRD”), International Development Association (“IDA”), International Centre for Settlement of Investment Disputes (“ICSID”) and Multilateral Investment Guarantee Agency (“MIGA”). The decision The WBAT ordered the IFC to pay compensation to the Applicants in the amount of six months’ salary net of taxes for the…

News, International 16 Dec, 2021

Alex Haines successful against IMO’s Applications for Interpretation of Judgment before the UN Appeals Tribunal, New York

The United Nations Appeals Tribunal (UNAT) has dismissed as “misplaced” the International Maritime Organisation (IMO) Secretary-General’s July 2021 applications for interpretation of the landmark 2019 UNAT judgments on the IMO’s international justice system in which Alex Haines, assisted by Stephen Butler, was instructed by the successful claimants. On Friday 19th November 2021, the UNAT in New York – sitting as a full bench (i.e., all seven judges) – released its 29th October 2021 Judgment No. 2021-UNAT-1148 in the case of Fogarty, Sheffer, Spinardi, Dispert and Hoe (Respondents) v Secretary-General of the IMO (Applicant) (the “2021 Judgment”). Mr Haines represented Mr Sheffer, Ms Dispert and Ms Hoe. The 2021 Judgment on interpretation is relevant to the international justice systems of several…

News, International 25 Nov, 2021

Damien McDonald

Damien McDonald joins Outer Temple’s international team

Outer Temple Chambers is delighted to welcome Damien McDonald to our international commercial and arbitration team. Damien is a former solicitor in Australia (2001), England and Wales (2008) and Hong Kong (2016) before transferring to the bar in Hong Kong (2020), and UK Bar (2021). He was a registered foreign lawyer and then international arbitration partner with a leading Chinese law firm in Hong Kong, Fangda Partners between 2014 and 2019. Before then he was with Herbert Smith Freehills in London, Shanghai and Beijing, commencing his legal career in Australia with Mallesons Stephen Jaques (now King and Wood & Mallesons). He specialises in international commercial and contractual disputes predominately involving mainland China. He is based in Hong Kong but will…

News, International 8 Nov, 2021

David Holloway accepted onto the DIAC arbitrator panel

Outer Temple is delighted to announce that David Holloway has been registered as an arbitrator with the Dubai International Arbitration Centre. The Dubai International Arbitration Centre (DIAC) is the largest arbitration centre in the Middle East, providing a high calibre of arbitration services and facilities on an international scale.  The specific services offered include the overseeing of arbitral proceedings and commercial disputes; appointing arbitrators; choosing the venue for arbitration and fixing the fees of arbitrators and mediators. DIAC maintains a directory of experts with diverse knowledge and practical experience in this field. David Holloway is a specialist in international trade law and international commercial dispute resolution. David has particular expertise within the field of international arbitration, sitting on other arbitration…

News, International, Mediation 6 Sep, 2021

David Holloway reappointed to the China International Economic and Trade Arbitration Commission Panel of Arbitrators

We are delighted to announce that David Holloway has been reappointed as an arbitrator to the China International Economic and Trade Arbitration Commission Panel of Arbitrators. David’s reappointment is effective 1 May 2021. The China International Economic and Trade Arbitration Commission (CIETAC) was established in April 1956 under the China Council for the Promotion of International Trade. Since 2000, it has also been known as the Arbitration Court of the China Chamber of International Commerce. CIETAC is based in Beijing and has a number of sub-commissions throughout China, including in Shanghai, Shenzhen and Tianjin, as well as a Hong Kong Arbitration Center, which was set up in 2012. CIETAC and its sub-commissions/arbitration centers constitute a single arbitration institution. CIETAC maintains…

Commercial, News, International 6 May, 2021

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