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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 />

REGISTRATI<strong>ON</strong> DETAILS<br />

ALL FIELDS IN DELEGATE DETAILS ARE MANDATORY AND MUST BE COMPLETED IN BLOCK LETTERS<br />

First name<br />

Last name<br />

Job title<br />

Company<br />

Email<br />

Telephone<br />

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Mobile<br />

Address<br />

Country<br />

PO Box<br />

Buy the<br />

commentary<br />

book for only<br />

AED 480<br />

full day course<br />

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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the course must be paid in full. If the date and/or venue of the training course have been agreed and Lexis Nexis wishes either to<br />

reschedule or cancel it, Lexis Nexis reserves the right to apply the training fee to the rescheduled training or any future training.<br />

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