INAUGURAL AOL CONFERENCE ON DIFC LAW
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Wednesday, 7 December 2016<br />
Hudaiba Awards Building<br />
Based on<br />
the topics of<br />
the <strong>DIFC</strong><br />
commentary<br />
book<br />
<strong>INAUGURAL</strong> <strong>AOL</strong> <strong>C<strong>ON</strong>FERENCE</strong> <strong>ON</strong> <strong>DIFC</strong> <strong>LAW</strong><br />
in collaboration with LexisNexis and The Government of Dubai Legal Affairs Department<br />
6 Exciting topics to choose from:<br />
Arbitration Law, Damages Law, Employment Law, Companies Law, Law of Obligations and Court Law.<br />
Expert speakers<br />
Our knowledgeable speakers have wide-ranging experience in commercial dispute resolution and<br />
are on hand to provide practical advice.<br />
Earn CLPD points for 2017.
I would like to attend<br />
Choose from the following two options:<br />
option 1:<br />
ExampLE<br />
fULL Day coUrsE<br />
AED 3500<br />
sELEctED sEssions<br />
AED 1250<br />
I want to attend the full day including a<br />
copy of the commentary book, coffee<br />
breaks and lunch break.<br />
option 2:<br />
I only want to attend one or two courses.<br />
sEssions<br />
09:00 - 11:00 The <strong>DIFC</strong><br />
Companies<br />
Law – Key<br />
Themes and<br />
Governance<br />
11:30 - 13:30 Liquidated<br />
damages and<br />
penalty clauses<br />
14:30 - 16:30 Interim<br />
remedies<br />
Core principles<br />
of the <strong>DIFC</strong> Law<br />
of Obligations<br />
(Part 1)<br />
The <strong>DIFC</strong><br />
Companies Law<br />
– Relevance for<br />
Finance<br />
Overview of<br />
<strong>DIFC</strong> tort law<br />
Remember, these are the new “<strong>DIFC</strong> Courts Mandatory<br />
Course” for 2017. Attendance at any of the eighteen 2-hour<br />
sessions counts towards <strong>DIFC</strong> Courts registered lawyers’<br />
“<strong>DIFC</strong> Courts Mandatory Course” requirement.
programme<br />
Choose to attend an entire stream or select from individual topics within streams.<br />
Wednesday 7 December 2016<br />
Stream 1 Stream 2 Stream 3 Stream 4 Stream 5 Stream 6<br />
Time<br />
Arbitration Law<br />
by Clyde & Co.<br />
Damages Law<br />
by Clyde & Co.<br />
Employment Law<br />
by Stephenson<br />
Harwood<br />
Companies Law<br />
by Jones Day<br />
Law of<br />
Obligations<br />
by Clifford Chance<br />
Court Law<br />
by Sanad<br />
International Law<br />
Group and Ayesha<br />
Karim Legal<br />
Consultancy FZE<br />
08:00 - 08:30 Arrival and registration<br />
08:30 - 09:00 Keynote address: Mark Beer OBE – CEO and Registrar, Academy of Law<br />
09:00 - 11:00 The supervision<br />
of arbitration and<br />
the boundaries of<br />
the <strong>DIFC</strong> Courts'<br />
intervention<br />
Key differences<br />
in principles of<br />
damages between<br />
contractual and<br />
non-contractual<br />
obligations<br />
What is<br />
"reasonable"?<br />
A closer look at<br />
the application<br />
of Article 59A<br />
(termination for<br />
cause)<br />
The <strong>DIFC</strong><br />
Companies Law -<br />
Key Themes and<br />
Governance<br />
Core principles<br />
of the <strong>DIFC</strong> Law<br />
of Obligations<br />
(Part 1)<br />
Arguments raised<br />
in <strong>DIFC</strong> Courts<br />
cases, pertaining<br />
to jurisdiction and<br />
their respective<br />
outcomes<br />
11:00 - 11:30 Break<br />
11:30 - 13:30 The <strong>DIFC</strong> Courts'<br />
approach to<br />
determining<br />
the validity<br />
of arbitration<br />
agreements<br />
Liquidated<br />
damages and<br />
penalty clauses<br />
"You're fired"<br />
… but have you<br />
followed the<br />
proper disciplinary<br />
process?<br />
The <strong>DIFC</strong><br />
Companies Law<br />
- Relevance for<br />
Finance<br />
Core principles of<br />
the <strong>DIFC</strong> Law of<br />
Obligations (Part<br />
2)<br />
Enforcement<br />
of Judgements,<br />
orders and awards<br />
issued or ratified<br />
by the <strong>DIFC</strong><br />
Courts, within and<br />
outside the <strong>DIFC</strong> -<br />
Article 42<br />
13:30 - 14:30 Lunch<br />
14:30 - 16:30 The recognition<br />
and enforcement<br />
of arbitral awards<br />
in the <strong>DIFC</strong><br />
Courts, including<br />
as a conduit<br />
jurisdiction<br />
Interim remedies<br />
Drafting contracts<br />
of employment<br />
– what you need<br />
to know and<br />
what should they<br />
contain?<br />
The <strong>DIFC</strong><br />
Companies Law -<br />
In the Courts<br />
Overview of <strong>DIFC</strong><br />
tort law<br />
Application of<br />
<strong>DIFC</strong> Law - Article<br />
30 Governing law<br />
16:30 – 17:30 Plenary session
SPEAKERS<br />
Keith Hutchison +971 4 384 4676<br />
Partner, Clyde & Co<br />
Keith.Hutchison@clydeco.ae<br />
Having advised in the Middle East for nearly 10 years, Keith has acted in many of the landmark reported cases in the<br />
<strong>DIFC</strong> Courts, in particular in relation to the recognition and enforcement of foreign judgments and arbitration awards<br />
and related execution procedures.<br />
Keith is a solicitor qualified in England & Wales, and in March 2016 he earned his advocacy practitioner rights with<br />
the <strong>DIFC</strong> Courts (Part II registration), which means he is now qualified to appear as counsel in hearings before judges<br />
of the <strong>DIFC</strong> Courts. He is the principal author of two forthcoming <strong>DIFC</strong> legislation commentaries in a series to be<br />
published by the Academy of Law, as well as being a regular Course Tutor on the Academy of Law's 'Introduction to<br />
<strong>DIFC</strong> Courts' Procedures Certificate' course. Keith has also been involved in the <strong>DIFC</strong> Court Users' Committee and is<br />
active in consultations with the <strong>DIFC</strong> Courts Registry and other practitioner groups over the development of the <strong>DIFC</strong><br />
Courts' procedural rules.<br />
He is also active in the growing area of third party litigation funding – a topic on which he has published several articles<br />
with a focus on developments in the <strong>DIFC</strong> Courts and funding - and he acted on the first case before the <strong>DIFC</strong> Courts<br />
where litigation funding was in issue.<br />
In October 2016, Keith won the 'Lawyer's Lawyer of the Year' Award at the recent <strong>DIFC</strong> Courts Academy of Law 2016<br />
Legal Gala held in Dubai.<br />
Nicholas Braganza +971 4 384 4275<br />
Senior Associate, Clyde & Co<br />
Nicholas.Braganza@clydeco.ae<br />
Nicholas is a dispute resolution and regulatory lawyer based in Dubai, with a wide range of experience in advising on<br />
internal and regulatory investigations, and also conducting litigation in court and arbitration proceedings in the Middle<br />
East, with specific experience in the <strong>DIFC</strong> Courts.<br />
Nicholas joined the Dubai Office of Clyde & Co in 2012, and has a broad range of experience in both commercial<br />
litigation and international arbitration in the UAE and elsewhere, advising local and multinational companies (as well as<br />
individuals) on a diverse range of complex disputes including real estate litigation, shareholder and JV disputes, and<br />
white collar matters.<br />
Nicholas has developed a specific practice in regulatory and investigations work in recent years, and advised clients<br />
and conducted investigations on a range of topics including cases of pure theft and fraud, but also bribery and<br />
corruption, defrauding government authorities, antitrust infringements, sanctions breaches, and money laundering.<br />
Nicholas has also expertise in the enforcement of foreign court judgments and arbitration awards in jurisdictions in<br />
the Middle East, especially in the developing jurisdiction of the <strong>DIFC</strong>.<br />
Rhys Monahan +971 4 384 4284<br />
Associate, Clyde & Co<br />
Rhys.Monahan@clydeco.ae<br />
Rhys Monahan is an Associate in Clyde & Co's dispute resolution team. Based in Dubai since 2012, Rhys acts for a<br />
broad range of international and domestic clients across the commercial, distribution, energy, aviation and insurance<br />
sectors.<br />
Rhys has significant experience advising on commercial litigation and arbitration in the UAE and throughout the GCC,<br />
as well as actions in Korea, the USA and the UK. Rhys' arbitration practice includes advising on arbitrations under the<br />
rules of several institutions including DIAC, the ICC, and <strong>DIFC</strong>-LCIA. Rhys' insurance practice includes advising on<br />
subrogated recovery actions in the GCC.<br />
Rhys is a leading individual in litigation and arbitration 'offshore' in the <strong>DIFC</strong> in respect of enforcement actions and the<br />
development of the <strong>DIFC</strong> Courts as a conduit jurisdiction. Rhys also assisted the <strong>DIFC</strong> Legal Commentaries project<br />
and he was short-listed for the <strong>DIFC</strong> Court's Young Lawyer of the Year 2016.
SPEAKERS<br />
Alexandra Lester +971 4 384 4356<br />
Associate, Clyde & Co<br />
Alexandra.Lester@clydeco.ae<br />
Alex is an Associate within the Clyde & Co LLP international dispute resolution team based in the firm's Dubai office.<br />
She gained five years' experience of advising on complex commercial disputes in the UK offices of another major<br />
international firm, before joining Clyde & Co's Dubai office in 2015.<br />
Alex assists clients to resolve complex commercial disputes arising from commercial activities in the UAE, the wider<br />
GCC and across the globe, including the UK and USA. Alex advises on case strategy, jurisdiction and merits, as well as<br />
representing clients at every stage of dispute resolution proceedings particularly in relation to proceedings before<br />
the <strong>DIFC</strong> Courts, Dubai Courts and English Courts, and in international arbitration. Alex also advises on commercial<br />
and contractual issues arising in day-to-day business operations, such as managing project delay, late payment, and<br />
issues arising in the negotiation of contracts.<br />
Prior to becoming a lawyer, Alex worked at IBM UK Limited for five years as a Commercial Manager, and so has firsthand<br />
experience of contract negotiation and dispute resolution from a client perspective. She has also undertaken<br />
secondments to the legal departments of retail and banking clients.<br />
Robert Avis +44 (0)20 7691 2424<br />
Barrister, XXIV Old Buildings<br />
Robert.Avis@xxiv.co.uk<br />
Robert Avis joined XXIV Old Buildings in 2014. He is regularly instructed in commercial disputes and insolvency matters<br />
in the English courts, and has experience of litigation in the Bahamas, Cayman Islands, British Virgin Islands, Jersey and<br />
the <strong>DIFC</strong>.<br />
Robert was instructed as junior counsel in the Libyan Investment Authority v Goldman Sachs case, the trial of which<br />
took place this summer. He has appeared as sole counsel in a claim for enforcement of a Turkish judgment in England<br />
at first instance and on appeal.<br />
He has also worked, as part of a team, in relation to an application to discharge an English freezing order obtained by<br />
the Russian state liquidator, and the insolvency of a Madoff feeder fund in the Cayman Islands.<br />
Harry Sharpe +44 (0)20 7691 2424<br />
Barrister, XXIV Old Buildings<br />
Harry.Sharpe@xxiv.co.uk<br />
Harry has a wide-ranging commercial chancery practice, including contractual disputes, company law and insolvency,<br />
civil fraud, property and trusts.<br />
He has a particular interest in banking and financial services disputes, having graduated in Maths and spent three<br />
years as a management consultant in the financial services sector before coming to the Bar. In 2013 he worked at the<br />
Financial Conduct Authority where he was a key member of the team that investigated and fined one of the major<br />
global banks for manipulation of the LIBOR rate. He is currently instructed in regulatory proceedings before the Dubai<br />
Financial Services Authority. Aviation is also a focus of Harry’s practice and he has appeared as a junior in several large<br />
aviation trials in the English Commercial Court.<br />
He has experience of the variety of interim remedies employed by litigants in commercial disputes. In 2016 he was<br />
instructed as sole counsel in the defence of an application for a worldwide freezing injunction in the English High<br />
Court, and is currently representing the same party in the subsequent arbitration.
spEakErs<br />
annE pritam<br />
partner, Stephenson Harwood<br />
Anne assists her clients with challenging and high risk employment, immigration and partnership issues, as well<br />
as “business as usual” concerns. Her advice is analytical, carefully crafted and refl ects the priorities, commercial<br />
concerns and workplace culture of her clients. She is a seasoned, robust litigator and co-heads the fi rm’s UK-inbound<br />
Immigration business advisory team.<br />
Anne has extensive experience in a wide range of sectors including fi n ancial s ervices a nd p rofessional s ervices,<br />
pharmaceutical, manufacturing and energy. She advises listed boards, private companies, family businesses,<br />
domestic households and individuals and has been the trusted adviser to many clients for over 10 years.<br />
She is sought out (by fi rms and partners) as a leading partnership and LLP practitioner with a track record for providing<br />
strong legal support in controversial areas such as expulsion, de-equitisation, discrimination, remuneration, and<br />
business protection/restrictions.<br />
A sought-after speaker/trainer, she is a regular presenter for White Paper Conferences (the leading HR/legal training<br />
provider), and the national Employment Lawyers’ Association, giving insightful and entertaining in-house training<br />
sessions.<br />
Anne divides her time between the London offi ce and the Middle E<br />
ast offi ce in D ubai.<br />
kiErstEn LUcas<br />
partner, Stephenson Harwood<br />
Kiersten has extensive experience advising on all aspects of the employment lifecycle with particular expertise<br />
in: high-value litigation cases; remuneration arrangements; restrictive covenants/protection of confidential<br />
information; and advising clients on the employment aspects of financial services regulatory breaches (working<br />
closely with our regulatory litigation team).<br />
Kiersten's work regularly involves matters spanning multiple jurisdictions, including parallel litigation or investigations<br />
outside the UK, advising on complex employment/severance arrangements for senior executives whose activities<br />
span domestic and foreign regulatory jurisdictions and cross-border business sales and restructurings. Her<br />
clients span a range of sectors, including financial services, shipping, technology, media, sport, travel and<br />
recruitment.<br />
Clients, colleagues and counsel alike value Kiersten's ability and willingness to give clear strategic advice from<br />
the outset, and the energy and commitment she devotes to delivering commercial, pragmatic solutions tailored to<br />
their needs.<br />
Kiersten's bespoke client briefi ngs and training sessions (including those she co-authors and presents with our other<br />
practice areas and international offi ces) are very well received.<br />
Kiersten divides her time between the London offi ce and the Middle East offi ce in Dubai.
spEakErs<br />
shiraz sEthi<br />
senior associate, Stephenson Harwood<br />
Shiraz is a dispute resolution lawyer with over fi v e years experience specialising primarily in employment matters<br />
(contentious and non-contentious) within the <strong>DIFC</strong> and the UAE.<br />
Shiraz’s non-contentious practice covers advice and subsequent drafting of employment contracts / service<br />
agreements, preparation of policies and procedures including drafting of employee handbooks and drafting of<br />
termination letters and settlement agreements.<br />
Shiraz regularly advises on employment matters in the <strong>DIFC</strong> Courts (Small Claims Tribunal, Court of First Instance and<br />
Court of Appeal). He also advises extensively on UAE Labour Law matters.<br />
Shiraz acts for individuals, banks, multi-national corporations (including telecoms, oil and gas companies and hotel<br />
chains), recruitment consultancies, corporate groups and other fi n ancial institutions on all employment related<br />
matters. Shiraz also advises on shipping and maritime labour laws.<br />
Shiraz has recently drafted the employment law commentary in conjunction with the Academy of Law and is currently<br />
reviewing the proposed changes to the <strong>DIFC</strong> Employment Law in conjunction with <strong>DIFC</strong>A.<br />
Shiraz is an active member of the <strong>DIFC</strong> Courts Pro Bono Programme and has lectured at the University of Dubai,<br />
University of Middlesex and NYU on the topic of <strong>DIFC</strong> Employment Law.<br />
EmiLy aryEEtEy<br />
associate, Stephenson Harwood<br />
Emily is an employment law specialist currently in Dubai on secondment from her base in Stephenson Harwood's<br />
London offi ce.<br />
Emily has over 7 years’ experience advising employers, directors and senior employees on both contentious and noncontentious<br />
labour law matters as well as UK business immigration, which she continues to do now for clients with<br />
operations onshore in the UAE, in its various free zones, and in the <strong>DIFC</strong>.<br />
She is an experienced advisor on day-to-day HR issues spanning recruitment to termination, and on the employment<br />
aspects of business acquisitions.<br />
Emily's contentious experience includes tribunal claims of unfair dismissal, whistleblowing detriment, race, sex,<br />
maternity and religious discrimination.<br />
She has also assisted with litigation in the High Court of Justice in London to enforce post-termination restrictions and<br />
protect employers’ business interests.<br />
sara faryaDi<br />
paralegal, Stephenson Harwood<br />
Sara is a legal assistant who specialises in employment related matters both with a contentious and non-contentious<br />
focus.<br />
She has in-depth knowledge of both the UAE Labour Law and the <strong>DIFC</strong> Employment Law.<br />
Her contentious experience includes assisting in a number of employment claims before the <strong>DIFC</strong> Courts.<br />
Her experience includes:<br />
• Assisting an international lubricants company with the jurisdictional transition of their employees from an onshore<br />
entity to an offshore entity;<br />
• Representing senior employees of an international investment bank in their claims against their employer;<br />
• Drafting employment contracts, legal notices and internal company policies for a large multinational corporation;<br />
and<br />
• Providing employment law presentations to various clients.
REGISTRATI<strong>ON</strong> FORM I Earn CLPD points for 2017<br />
<strong>INAUGURAL</strong> <strong>AOL</strong> <strong>C<strong>ON</strong>FERENCE</strong> <strong>ON</strong> <strong>DIFC</strong> <strong>LAW</strong><br />
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Buy the<br />
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book for only<br />
AED 480<br />
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AED 3500<br />
Courts users offer: 20% discount<br />
Early bird offer: 15% discount (registration before the 25 Nov)<br />
Note: Registering for the full day course will entitle the attendee to the free copy<br />
of the commentaries, the keynote address and the plenary session at the end.<br />
The supervision<br />
of arbitration and the<br />
boundaries of the <strong>DIFC</strong><br />
Courts' intervention<br />
The <strong>DIFC</strong><br />
Courts' approach<br />
to determining the<br />
validity of arbitration<br />
agreements<br />
The recognition and<br />
enforcement of arbitral<br />
awards in the <strong>DIFC</strong><br />
Courts, including as a<br />
conduit jurisdiction<br />
Key differences in<br />
principles of damages<br />
between contractual<br />
and non-contractual<br />
obligations<br />
Liquidated damages<br />
and penalty clauses<br />
Interim remedies<br />
What is<br />
"reasonable"? A closer<br />
look at the application<br />
of Article 59A<br />
(termination for cause)<br />
"You're fired" … but<br />
have you followed the<br />
proper disciplinary<br />
process?<br />
Drafting contracts of<br />
employment – what you<br />
need to know and what<br />
should they contain?<br />
AED 1250<br />
The <strong>DIFC</strong> Companies<br />
Law – Key Themes and<br />
Governance<br />
The <strong>DIFC</strong> Companies<br />
Law – Relevance for<br />
Finance<br />
The <strong>DIFC</strong> Companies<br />
Law – In the Courts<br />
selected sessions<br />
Note: Registering for only one session will not entitle the attendee to the free copy<br />
of the commentaries, the keynote address, or the plenary session at the end.<br />
PLEASE INDICATE THE session(S) YOU WISH TO ENROL FOR WITH AN “X” IN THE APPROPRIATE BOX:<br />
Core principles<br />
of the <strong>DIFC</strong> Law of<br />
Obligations (Part 1)<br />
Core principles<br />
of the <strong>DIFC</strong> Law of<br />
Obligations (Part 2)<br />
Overview of <strong>DIFC</strong><br />
tort law<br />
Arguments raised<br />
in <strong>DIFC</strong> Courts cases,<br />
pertaining to jurisdiction<br />
and their respective<br />
outcomes<br />
Enforcement of<br />
Judgements, orders and<br />
awards issued or ratified<br />
by the <strong>DIFC</strong> Courts,<br />
within and outside the<br />
<strong>DIFC</strong> – Article 42<br />
Application of<br />
<strong>DIFC</strong> Law – Article 30<br />
Governing law<br />
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