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David Holloway

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James Counsell KC to attend the DIFC Laws Certificate Programme Awarding Ceremony

Head of Chambers, James Counsell KC will be attending (remotely) the DIFC Laws Certificate Programme Awarding Ceremony on behalf of Outer Temple Chambers on Tuesday 13th December 2022. The DIFC Laws Certificate Programme is a course organised by the DIFC Academy. Over the course of a 7-month programme, it aims to provide education and training in common law and DIFC laws and courts procedures to civil law lawyers, DIFC Courts practitioners, Emirati advocates, In-house counsel and other professionals whose work involves exposure to common law systems and jurisdictions. There are three parts to the Advanced Advocacy course given by Outer Temple Chambers barristers, each part over two days. The first part of the course was led by James Counsell KC and Justina Stewart.…

News 28 Nov, 2022

Outer Temple Chambers members to attend Dubai Arbitration Week

11 members of the Outer Temple International Team will attend Dubai Arbitration Week, (DAW 22) between 14th & 18th November 2022. Outer Temple’s; David Russell KC, Andrew Spink KC, Philip Punwar, Justina Stewart, David Holloway, Sean Yates, Peter Linstead, Stephen Doherty, Lucian ILIE, Anson Cheung, and Sam Carter will be joining delegates at this year’s Dubai Arbitration Week. Sean Yates will be speaking at a number of events throughout the week hosted by Accuracy, The Firm (Moaza Alkhadar Advocates), Trowers and Hamlins LLP and Saudi Center for Commercial Arbitration (SCCA). Outer Temple is also thrilled to be an event partner for the TL4FIRE Middle East 2022 conference between 13 and 15 November at the Shangri-La Hotel, Dubai. David Russell KC will be on a panel discussing the ‘The Nuances of Litigation in UAE…

News 8 Nov, 2022

Jonathan Hand KC and David Holloway lead the third Advanced Advocacy session for the DIFC Academy

Outer Temple’s Jonathan Hand KC and David Holloway lead the third Advanced Advocacy session for the DIFC (Dubai International Financial Centre) Academy on the 10th and 11th of October 2022. Jonathan Hand KC and David Holloway were the course tutors for the last of the three Advanced Advocacy sessions that the DIFC Academy put on again this year in association with OTC. The first day dealt with appeal advocacy, including presentations and workshops on written and oral advocacy. The second day was the Advocacy Assessment when all of the participants took part in an oral hearing held at the DIFC Court. Please click here if you would like to find out more about the DIFC Academy. Find out more Jonathan…

News 19 Oct, 2022

David Holloway speaks at Taiwan Arbitration Week

David Holloway was invited to speak at the Taiwan Arbitration Week, which took place in Taipei between 3th-7th October. David spoke on the topic of party-appointed experts in international arbitration. The week commencing October 3rd was Taiwan Arbitration Week, a week to expand the understanding of arbitration and mediation and other extra-litigation dispute resolution mechanisms. Outer Temple’s David Holloway spoke at the event on the topic of party-appointed experts in international arbitration, giving a counsel’s perspective and sharing a panel with a leading arbitrator and professional expert. More details on Taiwan Arbitration Week can be found here. Find out more David Holloway is a specialist in international trade law and international commercial dispute resolution. Throughout his career he has developed particular experience of…

Events 12 Oct, 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:…

News 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…

News 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…

Legal Blogs 8 Apr, 2022

Cross Border Insolvencies Within One Nation: The UAE Experience

In one of the first expositions by the DIFC Court of the effect of Schedule 4 of the DIFC Insolvency Law, the case confirmed that the UNCITRAL Model Law applies in the DIFC only in relation to corporate insolvency. David Russell QC and David Holloway appeared as counsel. This case has generated great interest and was recently included as a Case Focus in Lexis Middle East Law Alert March/April 2022. David Russell QC and David Holloway appeared as counsel and have also written a more detailed Case Comment, first published in the MENA Business Law Review 2022 First Quarter. What happened? An application was made by Trustees who had been appointed by the Abu Dhabi Court in some insolvency proceedings.…

External Publications 8 Apr, 2022

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 6 Sep, 2021

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…

News 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…

News 28 Jul, 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…

News 6 May, 2021

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