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The COVID-19 pandemic has not gone away and the prolonged business issues will continue to affect various market players in the short and long-term. As anticipated, this has resulted to a rise in increasingly complex disputes across all industries in the Middle East and North Africa (MENA) region as well as continued to shape the way we resolve disputes going forward. In this vlog series, our MENA Dispute Resolution specialists provide a roundup of the latest developments in the regional dispute resolution landscape as well as insights to challenges and opportunities in the year ahead in the areas of arbitration, construction, offshore litigation, banking and tax litigation.

Episode 3: DIFC Courts’ expansive approach to jurisdiction

Dubai senior associate Andrew Massey discusses the scenarios where the Dubai International Financial Centre (DIFC) Courts take jurisdiction over claims. Andrew also talks about how the DIFC Courts have adopted an expansive approach to jurisdiction over disputes and how it has introduced the necessary and proper party jurisdiction into DIFC law to help resolve multiparty and multijurisdictional disputes.

https://video.bakermckenzie.com/embed?id=b03a4fbc-69ee-4108-907d-5ceca7cc2816

Episode 2: Recent court trends on arbitration proceedings

Dubai counsel Sally Kotb discusses some of the key issues commonly arising in arbitration proceedings in the UAE, particularly the issues of capacity, conditions precedent, and signature of arbitration awards. Sally also shares some of the recent court judgments that would impact a party’s position to challenge arbitration awards, as well as some best practice tips to minimize risks of having the awards nullified in the future.

https://video.bakermckenzie.com/embed?id=725f1faf-051a-453b-a5d2-31ff5fe2bd51

Episode 1: Performance guarantees at the center of construction disputes

Dubai associate Terrick McCallum talks about the use of performance guarantees in construction projects and how COVID-19 has resulted to an increased number of unsubstantiated and bad faith calls for payment in construction disputes. Terrick also provides some practical remedies and key considerations in the event a party is unable to avoid a call being made on its performance guarantee.

https://video.bakermckenzie.com/embed?id=d3f473d0-023c-4618-b205-4c87818bf610

Author

Andrew is a partner and Head of Baker McKenzie Habib Al Mulla's Arbitration and Construction practice. He has been based in Dubai since 2009. He is a solicitor advocate and arbitration law specialist. He works extensively across the Middle East, Africa and Asia, acting for governments and international corporations on complex commercial disputes under a variety of civil and common law systems. He is ranked in Chambers Global, Legal 500 and is listed in Who’s Who Legal as one of the world’s leading construction lawyers. Andrew has a commercial focus and is particularly adept at partnering with his clients and understanding their business. Clients state that he “impresses with his command of potential issues” and he has "relentless tenacity and absolute client focus" (Chambers Global). Who's Who Legal says: "Rising star" Andrew Mackenzie has "an exceptional knowledge" and "a strong commitment to his clients."

Author

Mohamed El Khatib has been practicing in the UAE for over 17 years. He has extensive experience in litigation and dispute resolution across a variety of industries and areas of UAE law. Mr. El Khatib was recommended for insurance disputes by the Legal 500 in 2014.

Author

Andrew has been practicing in the Middle East for eight years. Andrew focuses on arbitration and across a variety of industry sectors including construction, real estate, insurance and general commercial disputes. Andrew is ranked in the UAE Legal 500 2020 as "a pleasure to work with. Always cool-headed even under pressure and a wonderful team player who delivers great results".

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