Arbitrating in the Middle East

A seminar by KLRCA, Trowers & Hamlins and Stewart Consulting

The Gulf States (The UAE, Saudi Arabia, Qatar, Oman, Bahrain and Kuwait) and other parts of the Middle East continue to be a regional hub of business activity with many Malaysian companies continuing to look there for opportunities to grow their businesses and undertake high profile projects. As arbitration is the preferred forum for resolving disputes in the region, this seminar will focus on the essential practical issues associated with arbitrating in the Middle East that are not found in institutional arbitration rules or text books. This special seminar will be presented by practitioners from Trowers & Hamlins and Stewart Consulting who live and work in the region with many years of experience of being appointed as counsel, experts and arbitrators.

Datuk Professor Sundra Rajoo, Director KLRCA 

PROFESSOR DATUK SUNDRA RAJOO is the Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). He was the Immediate Past President of the Asia Pacific Regional Arbitration Group (APRAG) [2011-2013], a federation of nearly 40 arbitral institutions in the region.Professor Datuk Sundra is a Chartered Arbitrator and an Advocate & Solicitor of the High Court of Malaya (non-practising). He is also a Professional Architect and Registered Town Planner. He has had numerous appointments as chairman, co-arbitrator of three-man panels and sole arbitrator in international and domestic arbitrations. He serves on the panel of numerous international arbitral institutions and organisations. He is also a Visiting Professor at The National University of Malaysia (UKM).

Professor Datuk Sundra has authored and co-authored several books on arbitration and contract law, including, “Law, Practice and Procedure of Arbitration” (2003); “The Malaysian Standard Form of Building Contract (The PAM 1998 Form)” (1999); the Arbitration title for Halsbury’s Laws of Malaysia (2002); “Arbitration Act 2005 – UNCITRAL Model Law as Applied in Malaysia” (2007); “The PAM 2006 Form” (2010); “Construction Law in Malaysia” (2012); and “The Malaysia Arbitration Act 2005 (Amended 2011): An Annotation” (2013).

Nick White

Partner, Regional Manager, Trowers & Hamlins (Malaysia) 

In July 2012, Nick took up the role of Trowers & Hamlins’ Regional Manager based in Kuala Lumpur when the firm opened its representative Regional Office there. Nick focuses on providing a direct link for the firm’s Malaysian and ASEAN clients in respect of their business interests in the Middle East and UK. Nick became a partner in 1987, and has divided his career between the firm’s litigation department in London (1982 – 1993), and spells in Oman, Bahrain, Dubai (1998-2012) and Kuala Lumpur.Out of Dubai, Nick played a principal role in the development of the firm’s business relations with Malaysian clients and connections – visiting Malaysia on numerous occasions, lecturing Malaysian business audiences on conducting business in the Middle East, and building many relevant and significant relationships.

Nick has extensive dispute resolution experience, gained from his London litigation work, and from when on secondment to the Government of Bahrain (1993 – 1997) – he dealt primarily with matters concerning a territorial case in the International Court of Justice. Then subsequently from Dubai, Nick lead commercial and real estate arbitrations – both local and international – and extensively case managed local UAE litigation. Nick is a Member of the Chartered Institute of Arbitrators, an accredited Mediator, an Associate Member of the Dubai International Arbitration Centre, and an arbitration panel member of the Kuala Lumpur Regional Centre for Arbitration.

Cheryl Cairns 

Partner, International Construction , Trowers & Hamlins (Dubai) 

Cheryl Cairns is a partner in Trowers and Hamlins’ Dubai office, having joined the firm in 2007. Cheryl specialises in both contentious and non-contentious construction law. Cheryl regularly acts on behalf of Claimants and Respondents in arbitrations subject to various institutional rules (ICC, DIAC, LCIA and UNCITRAL) as well as being regularly appointed to sit as an arbitrator. Cheryl’s notable instructions include acting on behalf of a specialist systems subcontractor, the successful Claimant, in an AED 282m claim raised under the DIAC Rules. The claim concerned unpaid certified sums, unpaid uncertified sums, in excess of 200 variations, an extension of time claim and associated loss and expense together with financing charges. Cheryl’s role involved drafting of all pleadings, attendance at preliminary and procedural hearings, meeting with and obtaining proofs of evidence from witnesses of fact and liaising with engineering, delay and quantum experts appointed.

As well as contentious matters, Cheryl regularly advises clients on procurement issues, amendments to redress the balance of risk in standard form building contracts such as FIDIC, consultancy agreements and forms of security. Prior to coming to Dubai, Cheryl worked for several years in the UK in the construction and projects sector. Cheryl also holds a Masters Degree in Construction Law and is a Member of the Chartered Institute of Arbitrators and Gulf Society of Construction Law.

Alan Stewart 

Director, Stewart Consulting 

Alan is a legally qualified (LLM) Chartered Quantity Surveyor and Chartered Project Management Surveyor with over 30 years industry experience, the last 15 of which has been concentrated solely on dispute resolution. After a number of years as the global Managing Director of an international dispute resolution company Alan has now set up his own practice dealing with arbitration, adjudication and dispute management. He is a practicing international arbitrator and adjudicator.

For the last 5 years he has been based in Dubai and is a Dubai International Arbitration Centre (DIAC) approved arbitrator with 7 arbitration appointments to date and has also been party representative on 3 occasions. He is a past committee member of the Society of Construction Law in UAE.

Alan is also an accredited Adjudicator in both UK and Malaysia and has been involved in more than 100 adjudications either as Adjudicator or as Party Representative. He is a fellow and council member of the Malaysian Society of Adjudicators.

Lucas Pitts 

Partner, Head of International Dispute Resolution & Litigation, Trowers & Hamlins Dubai 

Lucas is the Head of the International Dispute Resolution Practice for Trowers & Hamlins, based in Dubai. He advises on disputes in a multiplicity of jurisdictions including Saudi Arabia, New York, Bahrain, Oman, UAE, Uganda, Rwanda, Ivory Coast, Mauritius, Italy and Switzerland. He has extensive experience advising on disputes relating to telecommunications, banking, insolvency, aviation, fraud, breach of fiduciary duty as well as general commercial disputes. Lucas is experienced in advising on cases proceeding under the Civil Procedure Rules of the English Court, ICC, LCIA, GCC Commercial Centre and DIAC arbitrations as well as arbitrations proceeding under The 1996 Arbitration Act and the Oman Arbitration Act.

The tribunals in which Lucas has handled cases include the High Court, Court of Appeal and Supreme Court of England and Wales; the Bahrain Centre for Dispute Resolution, the SAMA Committee and Committee for the Resolution of Securities Disputes in Saudi Arabia and the Commercial Court in Mauritius. Lucas’s work has included obtaining freezing injunctions, pre-action and specific disclosure orders; Norwich Pharmacal orders; search orders as well as preparing cases and pleadings for foreign proceedings.

Faris Shehabi

Deputy Head of Legal Services, KLRCA Malaysia

Faris Shehabi graduated with a Bachelor of Laws (LL.B.) and Bachelor of Commerce (Finance) (B.Comm.) from the University of New South Wales in 2005. He was admitted to practice in the Supreme Court of New South Wales and High Court of Australia in 2006, working as a commercial litigation solicitor with Jackson Lalic Lawyers until July 2011. He went on to complete his LLM in International Law at IE Law School in Madrid, graduating in July 2012 with Honourable Mention recognising the highest scores in the program.

Faris presently fills the position of Deputy Head of Legal Services with the Kuala Lumpur Regional Centre for Arbitration, where he is in charge of Arbitration services. He is also on the Asia-Pacific Forum for International Arbitration (AFIA) Committee and is the exclusive correspondent (Malaysia and Australia) for the Buenos Aires Arbitration Review. Faris speaks English and Arabic and is spearheading the KLRCA’s involvement in the development of a Malaysian arbitration platform for sport.

2.00pm Event Registration

2.30 pm Welcome Remarks by Datuk Professor Sundra Rajoo, KLRCA, Director

2.40 pm Introduction of Trowers & Hamlins by Nick White, Regional Manager, Trowers & Hamlins Kuala Lumpur

2.50 pm The Practicalities if Arbitrating in the Middle East by Cheryl Cairns, Partner International Construction, Trowers & Hamlins Dubai

3.30 pm An Arbitrator’s and Expert’s Perspective on Arbitrating in the Middle East by Alan Steward, Director, Steward Consulting

4.00 pm Networking Break

4.15 pm Commercial Arbitration in the Middle East’s Various Arbitral Institutions by Lucas Pitt’s, Partner, Head of International Dispute Resolution and Litigation, Trowers & Hamlins Dubai

4.45 pm Arbitrating Islamic Finance – Dispute Resolution for All parties by Faris Shehabi, Deputy Head of Legal Services KLRCA

5.30 pm Question & Answer Session

Letter of Attendance will be issued 2 weeks after the event date. Letter of Attendance will be sent via post to the address found on the participant’s registration form. 

Bar Council Malaysia    3 Points (T2/22012015/KLRCA/KL152041/3) 

 For more information regarding the event, please do not hesitate to contact Mr Yip Xiaoheng, Assistant Manager (Business Development) at 03 2271 1000 or email to events@klrca.org