CIArb Young Members Group Global Annual Conference 2021

A one day conference organised by the Young Members Group of the Chartered Institute of Arbitrators, UAE Branch. The title of this year’s YMG Annual Conference is “Arbitration in a Changing World”.

Arbitration has often been ahead of the curve in adapting to the way the world changes. The global pandemic has once again showcased the flexibility and adaptability of arbitration amidst unprecedented changes. This interactive conference will discuss some of the pivotal changes in arbitration in the last decade, debate the use of technology in arbitration such as virtual hearings and social media and explore the future of arbitration in a changing world – be it technology, diversity or climate change.Please join us and the speakers in what promises to be a topical and enlightening discussion.

AGENDA

Ann Robertson,
President of the CIArb

Ann Robertson is the President of the CIArb and a Partner at Locke Lord LLP.

Ann holds a J.D. and a LL.M in International Economic Law and acts as arbitrator and advocate in international and domestic arbitrations. She is experienced in cross-border commercial disputes involving a variety of oil and gas issues, franchise law, partnerships, sales contracts (including those governed by the United Nations Convention on Contracts for the International Sale of Goods), and commercial contracts pertaining to manufacturing, supply, warranties and project development.

Ann is recognised as a leading disputes lawyer having been named in Global Arbitration Review’s “Who’s Who Legal: Arbitration” since 2015, named in The Best Lawyers in America, International Arbitration-Governmental since 2014, and in 2014 and 2017 named Lawyer of the Year, International Arbitration –Governmental (Houston) by The Best Lawyers in America. In 2020, the Association of Women Attorneys Foundation recognized Ann as a “Premier Woman in the Law” and in 2008, she was named one of 30 “Extraordinary Women in Texas Law” by Texas Lawyer. In 2016, she was the recipient of the University of Houston Law Center’s “Private Sector Achievement Award.”

Ann is a member of the Council for the American Arbitration Association/International Centre for Dispute Resolution, Chair of the International Centre for Dispute Resolution’s Task Force on Rule Revisions, a member of the Executive Committee of the Advisory Board of the Institute for Transnational Arbitration (Co-chair of the Strategic Planning Committee), a member of the American Law Institute, a Founding Member of ArbitralWomen and a former member of the ICC Commission on Arbitration.

She is an Adjunct Professor at the University of Houston Law Center teaching advocacy in international arbitration, an instructor for the A.A. White Dispute Resolution Center, University of Houston Law Center and for 18 years was the coach for the University of Houston Law Center’s Willem C. Vis Moot team.

Panel 1 – How has arbitration changed in the last decade?

Lara Hammoud has been practicing international arbitration for two decades. She is qualified in France and has worked at the ICC International Court of Arbitration and practiced in the International Arbitration Group of Shearman & Sterling before joining the disputes team at Abu Dhabi National Oil Company as senior legal counsel.

Lara acts as chair of tribunals, sole arbitrator or party-appointed arbitrator in construction and commercial arbitrations in both common and civil law jurisdictions under the rules of arbitration of UNCITRAL, DIAC, DIFC-LCIA, ADCCAC and ICC in arbitrations seated in Europe and the Middle East.

Lara speaks Arabic, English, French and Italian and is the writer and editor of numerous articles and books relating to international arbitration. She also regularly appears as speaker in international conferences and arbitration workshops. Lara is also a member of the ICC International Court of Arbitration.

Paul Coates,
Partner, Clifford Chance

Paul Coates is a partner in Clifford Chance's Litigation and Dispute Resolution Group and has spent eight years practicing in Dubai. He has also spent time in Clifford Chance's offices in London and Singapore. He advises on a wide range of international and investment treaty arbitrations, both on an ad hoc and institutional basis, and has experience of advising on the rules of many of the major institutions, including the DIAC, DIFC-LCIA, LCIA, ICC, LMAA, AAA and ICSID.

Paul's work spans many jurisdictions and economic sectors, with a particular focus on disputes arising out of large-scale construction and energy projects. He heads Clifford Chance's construction disputes practice in the Middle East and is also a member of the DIFC Court's Arbitration Working Group.

Tom Montagu-Smith QC is one of the most experienced advocates appearing in the Middle East. He acts in arbitrations across the MENA region and has appeared regularly in the DIFC Courts since their creation, in addition to his London practice. He drafted the Rules of the DIFC Court, the Rules of the Dubai World Tribunal and the Rules of both the Court and Arbitration Centre in the Astana International Financial Centre. He has appeared in many of the leading cases in the DIFC Courts, including most of the initial conduit enforcement cases for both arbitration awards and judgments, such as DNB Bank v Gulf Eyadah.

Other notable instructions include Pearl Petroleum v Kurdistan (USD2bn enforcement; state immunity) and SKAT v Elysium (USD2bn cum ex fraud claim), acting for the Danish state. Recent instructions include several claims on behalf of banking syndicates seeking to enforce restructuring loans valued at between USD300m and USD1.2bn. Tom sits as a judge of the Astana International Financial Centre Courts and is a panel member at the ADGM arbitration centre. He is co-editor of DIFC Courts Practice (2020), the leading text on DIFC law and procedure.

Arun is the Chairperson of the CIArb UAE Young Members Group and is also the Middle East Representative of the LCIA YIAG. He is a Senior Associate at Clifford Chance and has been based in Dubai since 2021 having previously trained with the firm in London and Singapore. Arun specialises in international commercial arbitration and litigation and has acted on complex multi-jurisdictional disputes across a wide range of sectors. He also co-leads the firm's technology practice in the Middle East.

Arun has conducted advocacy before the DIFC Court of Appeal and also arbitration and dispute adjudication proceedings in various forums. Arun has edited the authorised commentary on the DIFC Law of Obligations (2nd edition) published by LexisNexis. He is a solicitor of England & Wales and holds a law degree from Kings College London and is also a qualified engineer.

SPEAKERS – DEBATE 1

Peter Anagnostou MCIArb is a Senior Construction Lawyer at DLA Piper based in Dubai, UAE. He advises a variety of clients on construction and engineering disputes arising out of major projects, infrastructure and residential developments with experience acting in international and domestic arbitration, commercial litigation, adjudications and mediation. He is an active member of the Chartered Institute of Arbitrators, the Chartered Institute of Building and is listed as a Rising Star in Expert Guides.

Alex Clements,
Bond Solon

Bond Solon, based in the UK, is the world’s leading witness familiarisation training company. Each year they work with thousands of witnesses, ahead of hearings ranging from English court proceedings through to complex cross-border litigation and international arbitration.

Alex heads up Bond Solon’s Witness Familiarisation division, where he leads a 25-strong team of lawyers who run the familiarisation sessions. Since March 2020, Bond Solon have delivered virtual workshops for some 3500 witnesses. Alex is therefore well placed to comment on the issues faced by witnesses at the (virtual) hearing stage, alongside providing a wider market commentary.

Ian Greenhough, managing director at Kroll, is a quantum expert witness with 20 years of experience in the construction industry as a quantity surveyor.He has extensive experience in construction disputes, and the cost and commercial management of infrastructure, energy, aviation and construction projects.

Ian has testifying experience and has been appointed on nine occasions as a quantum expert witness under ADCCAC, DIAC, ICC and LCIA arbitration rules on projects in the Middle East and Europe on disputes in excess of USD 200m.

Ian has been based in the Middle East since 2008 and has extensive experience on a major programmes of work within the region.Ian’s experience includes major infrastructure programmes, airports, resort hotel developments, commercial schemes, residential, industrial, renewable energy and energy/power projects.

Ian holds a BSc from the University of Newcastle upon Tyne, a Graduate Diploma in Law, RICS Advanced Professional Award in Expert Witness Evidence, memberships of the Chartered Institute of Building and Chartered Institute of Arbitrators, and is chairman of the Lighthouse Club Dubai.

Zoe O’Sullivan QC is senior counsel specialising in international commercial arbitration and litigation at Serle Court Chambers in London.As counsel, she is recommended as a Leading Silk in Commercial Dispute Resolution (Chambers UK Bar and Legal 500), Information Technology (Chambers UK) and International Arbitration as Counsel (Legal 500).

Zoe is also regularly appointed as a sole, presiding and co-arbitrator in ad hoc and institutional arbitrations under the LCIA, ICC and UNCITRAL rules.Her subject matter expertise extends to joint ventures and shareholder disputes, banking and finance, oil and gas and IT/outsourcing disputes, and she is comfortable dealing with disputes of a technical nature.

Sara Koleilat-Aranjo, Partner, Al Tamimi & Co.

Sara Koleilat-Aranjo is a partner at Al Tamimi & Company in Dubai. Sara regularly advises and represents clients in arbitration and arbitration-related court proceedings across the MENA region arising out of inbound and outbound investments. In addition to her work a

s counsel, Sara also sits as an arbitrator and acts as mediator and counsel in mediation proceedings.

Sara is a member of several professional organizations. Sara is appointed as an expert member of the Dubai International Financial Centre (DIFC)’s Court’s Arbitration Division Working Group and the IBA Subcommittee on International Arbitration Case Law. She is a Member of the ICC International Court of Arbitration and serves as a Track Leader of the ICC Task Force on Arbitration & ADR.

In addition her practice, Sara is an Adjunct Professor of Law at the Université Paris II – Panthéon-Assas where she lectures on comparative judicial systems: civil law, common law and Islamic law.

Sara is listed in Who’s Who Legal for her experience in arbitration and has been awarded the Middle East Rising Star Lawyer for 2019 by the Association of Corporate Counsel (ACC), the American Lawyer and the Legal Week (UK).

Sara holds an LL.B. in French and Lebanese law from the University of Saint Joseph, a Master (M.A) in international business law from the University of Paris, a Master (M.S) in Strategic Management and Finance from the ESSEC Business School in Paris and a Master of Laws (LL.M.) from Harvard Law School. She is admitted to the New York, Paris and Beirut Bars and is a registered legal consultant in the Emirate of Dubai.

SPEAKERS – PANEL 2

Sneha Ashtikar,
Head of Marketing, Jus Mundi

Lucy Greenwood, Principal, Greenwood Arbitration

Lucy Greenwood is an independent international arbitrator specializing in commercial and investment disputes. She has practised international arbitration since 1998 (working in London, Paris and Houston) and has acted as arbitrator in over 60 arbitrations since becoming a full-time arbitrator in 2017.She is highly regarded for her prompt, efficient resolution of disputes and active case management of arbitrations and is particularly in demand as a chair for major energy disputes.

Lucy is a Chartered Arbitrator, a Texas attorney and a Solicitor of the Supreme Court of England and Wales.She is a Trustee of the Chartered Institute of Arbitrators, Past Chair, International Committee, Dispute Resolution Section, American Bar Association, Past Chair, North America Branch of the Chartered Institute of Arbitrators and is a Fellow of the College of Commercial Arbitrators. She is the founder of the Campaign for Greener Arbitrations, an initiative to reduce the environmental impact of international arbitrations.

Prof. Dr. Mohamed Abdel Wahab,
Founding Partner, Zulficar & Partners

Mercy Okiro,
M & O Advocates

SPEAKERS – DEBATE 2

Seema Bono, Senior Lawyer, Pinsent Masons

Seema Bono is a Senior Associate at Pinsent Masons in Dubai and specialises in international commercial arbitration, dispute resolution and mediation. She was recently ranked as "Rising Star" in the Legal 500 EMEA Guide 2021 for International Arbitration and Dispute Resolution for the UAE. Seema is the Chair of Pinsent Masons’ Middle East Diversity & Inclusion Committee and is also on the MENA Sub-Committee for the Campaign for Greener Arbitrations.

Seema is an English qualified lawyer and practised at Mayer Brown in London before joining Freshfields’ dispute resolution team in Dubai in 2014.She has extensive experience of advising clients on complex, multi-jurisdictional arbitration and litigation proceedings in various sectors, including hospitality, real estate, financial services, telecoms, IT, energy and logistics. Seema is actively involved in her firm’s Cyber, Data, Tech strategy and also advises clients on internal and regulatory investigations.

Seema studied Law with French Law at University College London and Université Panthéon-Assas (Paris II).Seema also gained invaluable experience through two client secondments, including at a major international bank and AstraZeneca Plc in London.

Sadaff Habib, Associate, Beale & Co

Sadaff is an Associate with Beale & Co Middle East in Dubai. Originally from Kenya, Her practice area includes international arbitration and dispute resolution with a focus on construction disputes. She acts both as counsel and as arbitrator.

As counsel she has represented large scale developers, contractors and subcontractors. As arbitrator she is proficient in the procedural aspects of arbitration and has significant experience in conducting arbitration proceedings efficiently whether under institutional rules or as ad hoc arbitrations. Sadaff is also the General Editor of the Africa Construction Law Blog and is on the UAE CIArb Branch Committee.

Sadaff is recognised as a Rising Star and a Recommended Lawyer in the Legal 500 Middle East Construction. She is also a recipient of Africa’s 50 Most Promising Young Arbitration Practitioners 2020 Award and was shortlisted for the Middle East Legal Rising Star Award 2021 and was a finalist for the Big 5 Women in Construction Next-Gen Woman of the Year Award.

Hussain Hadi, Head of Publishing (Middle East), LexisNexis

Hussain Hadi, Head of Publishing and Legal Technology, LexisNexis Middle East.

Hussain Hadi heads the Middle East publishing arm of LexisNexis, which provides online access to legislation, regulatory news, case law, and practical guidance from across the MENA region. His 18 years of legal publishing and technology experience includes roles at Oxford University Press and the Informa Group, where he managed a portfolio of arbitration law journals and books.

Hussain is a lecturer with the Government of Dubai Legal Affairs Department CLPD programme and the Association of Corporate Counsel Certification programme; covering legal technology as well as operational efficiency and value measurement within in-house legal teams.

Hussain has overseen the publication of over 200 leading practitioner works on commercial and international law, as well as managing a portfolio of business magazines including the first dedicated monthly legal magazine in the Middle East. Having advised government and industry associations such as the Abu Dhabi Chamber of Commerce and the General Arab Insurance Federation, Hussain has chaired and spoken at conferences in UAE, Saudi Arabia, Oman, Bahrain, Jordan, UK and Kazakhstan.

Shane Jury, Partner, Addlesaw Goddard

Shane Jury is a commercial disputes partner, based in our Dubai office where he leads our team of commercial disputes lawyers. He has been practicing in the Middle East region for over eight years. Shane specialises in complex commercial disputes with a particular focus on joint venture disputes, shareholders’ disputes, banking and financial disputes and investigations, and professional negligence and fraud claims, often involving a multi-jurisdictional angle.

Shane's practice straddles both litigation in the DIFC and ADGM Courts and arbitration under all of the major institutional rules.His profile both as an international arbitration practitioner and as a litigator in the DIFC Courts is reflected by the fact that he was (at his previous firm) invited to join the newly launched DIFC Courts Arbitration Working Group.Shane also sits as an arbitrator and has recently been appointed as a sole-arbitrator on DIFC-LCIA proceedings.

Shane has been involved in many of the landmark commercial disputes in the DIFC Courts (both at first instance and on appeal), including acting on behalf of a number of leading organisations such as Standard Chartered Bank, Deloitte & Touche, Ernst & Young, Barclays Bank Plc, Dubai International Financial Centre Authority, Emirates NBD and Agility Logistics.His experience includes the key cases which established the extent of the DIFC Court's jurisdiction (Corinth Pipeworks v Barclays Bank; Standard Chartered Bank v IGPL).As part of his DIFC Courts practice and profile, Shane has been invited to join the DIFC Courts Rules Committee (which advises on procedural and policy issues affecting the DIFC Courts and its users).

Shane has strong DIFC Court advocacy expertise having conducted the hearing of an appeal before the DIFC Court of Appeal and various applications before the DIFC Court of First Instance.As an experienced advocate in the DIFC Courts, Shane's team has the ability to run cases as a “one stop shop”.This often results in significant cost savings to clients as it avoids duplication of work.

In addition to his extensive DIFC Courts and arbitration practice, Shane also has experience acting in the ADGM Courts (where he acted on the first injunction issued by the Court). In recognition of his market profile, Shane has been invited to join the ADGM Courts Private Law Firms Liaison Group as a Partner at Addleshaw Goddard.

Shane is also the editor of the authorised commentary on the DIFC Law of Obligations (1st edition) (which is the key law regulating non-contractual obligations in the DIFC, such as the tort of negligence) published by LexisNexis.

Prior to joining Addleshaw Goddard, Shane has practiced in the Dubai offices of a global US law firm and a magic circle law firm.

Melissa McLaren, Senior Lawyer, Pinsent Masons

Melissa McLaren MCIArb is the Vice-Chair of the CIArb YMG (UAE Branch) and a Senior Disputes Lawyer with over 13 years of experience practicing law. Melissa has been working in the United Arab Emirates since April 2008, specialising in international and domestic arbitration and commercial litigation.

Melissa gained extensive disputes experience as a Senior Associate and spent over a decade in the disputes teams of two magic circle law firms in Dubai before becoming the Senior Practice Development Lawyer for Pinsent Masons LLP’s Risk and Advisory Services Team in Dubai. Her contentious practice has covered a broad range of areas including construction, shareholder, financial services, property development and employment disputes. Melissa's current role includes knowledge management, training, innovation, efficient delivery of legal services and business development for Pinsent Masons LLP’s contentious practice in the Gulf region.