Good judgment comes from experience.
Barry LePatner
open
Arbitration / ADR

‘A specialist dispute firm – good people who are good at what they do’ Chambers Global 2012

Arbitration has become the dispute resolution method of choice for those doing business on the world stage and more particularly in the GCC region. Arbitration offers a number of advantages over traditional litigation such as flexibility, confidentiality, professionalism of experts and arbitrators, co-operation and speed. As a result of the adherence of the UAE to the New York Convention on the Recognition and Enforcement of Arbitral Awards, which has been ratified by over 140 states, international arbitration awards are expected to become more widely enforced in the UAE.


Our lawyers have participated in numerous UAE and international arbitrations, involving construction, contracts for works, financial, commercial and maritime disputes as counsel, arbitrators and expert witnesses. We have worked closely with the Dubai International Arbitration Centre ("DIAC”), the Abu Dhabi Conciliation and Commercial Arbitration Centre ("ADCCAC”), the International Chamber of Commerce, International Court of Arbitration and the London Court of International Arbitration. Our experience also extends across ad-hoc arbitration proceedings and all forms of alternative dispute resolution.

Our Regulatory and Public Law practice , our UAE court experience and the bilingual Arabic/English aptitude of all our lawyers have positioned our firm as market leaders in providing UAE legal expertise in international arbitrations.

Our range of clients in this sector is as wide and varied as our expertise. We act for major corporations from key industry sectors including aviation, satellite industry, property development, construction and engineering, infrastructure, shipping and international trade, as well as for financial institutions, governments and state-owned entities. Our clients include project companies and sponsors, utility companies, contractors and sub-contractors, financiers, consultants and suppliers.

 

Our Services

  • Act as counsel and arbitrators in domestic and international arbitration proceedings both ad hoc and institutional
  • Conduct arbitrations, adjudications, mediations and other forms of ADR
  • Advise on interim procedures such as injunctive relief
  • Advise on procedures for dispute and amicable settlement to suit a client's specific needs
  • Tailor and implement arbitration / ADR strategies to suit each individual client
  • Appoint and liaise with experts and arbitration / ADR support specialists
  • Conduct and support commercial settlement negotiations
  • Act as experts under UAE law in  domestic and international arbitration proceedings


Our Experts

 

Gordon Blanke MCIArb
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Position: Counsel, Dubai
Contact: gordon.blanke@habibalmulla.com
Admitted: 2004, Law Society of England & Wales, London
Education: DESS en Contentieux Communautaire, IUIL (Luxembourg) & Université Robert Schuman, France, 2005; Diploma de Derecho Común Europeo, Universidad Complutense de Madrid, 2004; Postgraduate Diploma in EC Competition Law, King’s College, London, 2004; Postgraduate Diploma in Legal Practice, ICSL, London, 2001; MPhil in Advanced International Studies, Diplomatic Academy Vienna, 2000; Elève étranger, E.N.A., France, 2000; LL.B (Hons), LSE, London, 1998
Language(s): English, French, German, Spanish, Italian
Expertise: Construction
Arbitration / ADR
Practice & Experience: Gordon is a member of our International Arbitration Group. He has wide-ranging experience in all types of international commercial arbitration, having acted as advising counsel and arbitrator under most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC and JAMS arbitration rules) in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors, including private equity, banking and finance, construction/real estate etc.

Gordon has relevant antitrust law experience, having practiced with a number of leading international law firms and antitrust boutiques in Europe. He has further served a training period with the late Merger Task Force of the Directorate-General of Competition of the European Commission in Brussels, Belgium, and Gordon has trained with the European Court of First Instance and the European Court of Justice in Luxembourg as well as the ICC International Court of Arbitration in Paris, France.

Gordon holds an LL.B (Hons) from the LSE, London; a Postgraduate Diploma in Legal Practice from the ICSL, London; a Postgraduate Diploma in EC Competition Law from King’s College, London; and an LL.M in European Litigation from the University in Luxembourg and the University Robert Schuman, Strasbourg. Gordon also holds an MPhil in Advanced International Studies from the Diplomatic Academy Vienna, Austria, and attended the ENA, Strasbourg, France, as an élève étranger. 

Gordon speaks regularly on international arbitration, has taught international arbitration as a part-time lecturer at the University of Southampton, England, and is an approved tutor of the Chartered Institute or Arbitrators, London/Dubai. He is fluent in English, French, German and Spanish.


Books: Comparison of Gulf International Arbitration Rules (ed. together with Dr. H. Al Mulla and K. Nassif), Juris Publishing, forthcoming 2010

EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

Arbitrating Antitrust Issues: Cases and Commentaries (together with A. Mourre, Prof. L. Radicati di Brozolo & dr. D. de Groot), Kluwer Law International, forthcoming late 2011

International and Comparative Competition Litigation (ed. together with Dr. R. Nazzini), Kluwer Law International, forthcoming 2011

The International Comparative Legal Guide to Litigation & Dispute Resolution 2008 & 2009, Global Legal Group, London, 2008/2009 (together with C. Pollack)

Arbitrating Competition Law Issues: A European and a US Perspective (ed.), EBLR special edition, Kluwer Law International, 2008

The Use and Utility of International Arbitration in EC Commission Merger Remedies, Groningen, Europa Law Publishing, 2006

Book contributions: Arbitration in Dubai: A Basic Primer, The Austrian Yearbook on International Arbitration 2011

"UAE” Report in Getting The Deal Through: Dispute Resolution 2010 (together with Dr. H. Al Mulla and K. Nassif), forthcoming 2010

"UAE” Report in Getting The Deal Through: Arbitration 2010 (together with Dr. H. Al Mulla and K. Nassif), pp. 359-366

"Arbitrating in the UAE and the Middle East - Some Cultural Insights for the Unaware” in M. Kraham (ed.), Inside the Minds: ADR Client Strategies in the Middle East and Africa, Aspatore Books, Thomson Reuters, 2009 (together with K. Nassif), pp. 17-36

"England and Wales” Report (together with Dr. R. Nazzini and A. Nikpay) in International and Comparative Competition Litigation (ed. together with Dr. R. Nazzini), Kluwer Law International, forthcoming 2011

"The Supranational Dimension of Arbitrating EC Competition Law Issues” in EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

"The Use of International Arbitration and ADR in Remedy Scenarios Arising under Articles 101 and 102 TFEU” in EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

"The Use of International Arbitration and ADR in Conditional EC Merger Clearance Decisions” in EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

"The Role of the Expert Witness in Antitrust Arbitrations” (together with Prof. Prof. Dr. Dr. Dr. T. Eilmansberger) in EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

"Antitrust Arbitrations under the ICC Rules” in EU and US Antitrust Arbitration (ed. together with Dr. P. Landolt), Kluwer Law International, forthcoming 2010

"EU Competition Law Claims in International Arbitration” in Klausegger et al. (eds.), Austrian Arbitration Yearbook 2009, Manz, Vienna, 2009, pp. 1-92

"Litigating, Arbitrating and Mediating Competition Disputes: An Update” in The International Comparative Legal Guide to Litigation & Dispute Resolution 2009, Global Legal Group, London, 2009, (together with Dr. R. Nazzini)

"England & Wales Report” in The International Comparative Legal Guide to Litigation & Dispute Resolution 2009, Global Legal Group, London, 2009 (together with C. Pollack)

"The role of international arbitration in EC merger control: an update” in Luis Ortiz Blanco & Jonathan Entrena Rovers (eds.), Derecho de la competencia europeo y español, Volumen VIII, Editorial Dykinson, 2008

"Preface” in G. Blanke (ed.), Arbitrating Competition Law Issues: A European and a US Perspective (ed.), EBLR special edition, 19(1) EBLR (2008), pp. 3-6

"The Case for Supranational Arbitration: Ideas and Prospects” in G. Blanke (ed.), Arbitrating Competition Law Issues: A European and a US Perspective, EBLR special edition, 19(1) EBLR (2008), pp. 17-41

"ICC Draft Best Practice Note on the European Commission Acting as Amicus Curiae in International Arbitration Proceedings” in G. Blanke (ed.), Arbitrating Competition Law Issues: A European and a US Perspective, EBLR special edition, 19(1) EBLR (2008), pp. 193-217 (together with C. Nisser)

"International Arbitration and Alternative Dispute Resolution in EC Merger Control” in The International Comparative Legal Guide to Merger Control 2008, Global Legal Group, London, 2008, pp. 22-28

"Litigating, Arbitrating and Mediating Competition Disputes” in The International Comparative Legal Guide to Litigation & Dispute Resolution 2008, Global Legal Group, London, 2008, (together with Dr. R. Nazzini)

"England & Wales Report” in The International Comparative Legal Guide to Litigation & Dispute Resolution 2008, Global Legal Group, London, 2008 (together with C. Pollack)

"Putting the Parties First: Challenging Arbitrators in International Arbitration”, The International Comparative Legal Guide to International Arbitration 2007, pp. 17-23 (together with J. Michaelson)

"The role of international arbitration in EC merger control” in Luis Ortiz Blanco & Jonathan Entrana Rovers (eds.), Derecho de la competencia europeo y español, Volumen VII, Editorial Dykinson, 2007

"Country Report on International Arbitration in the Russian Federation” in C. Liebscher & A. Fremuth-Wolf (ed.) Arbitration in Eastern Europe, Kluwer Law International, 2006

"Inspecciones domiciliarias llevadas a cabo por las autoridades de defensa de la competencia españolas en el territorio español. Apuntes sobre la situación jurídica actual” in Luis Ortiz Blanco & Álvaro Ramos Gómez (eds.), Derecho de la competencia europeo y español, Volumen VI, Editorial Dykinson, 2005

"On the Rise of the EU as a Supranational Regulator”, M.A.I.S. Working Papers 1999/2000: Integrating Europe in a Changing World, Diplomatische Akademie Wien, pp. 169-192

Articles: "Antitrust Arbitration under the Arbitration Act 1996: A Commentary”, EBLR, forthcoming 2011

"Antitrust Arbitrations in the Context of EC Competition Law”, DIAC Journal, forthcoming 2010

"Antitrust Claims under Articles 101 and 102 TFEU in International Arbitration”, Singapore Law Journal, forthcoming 2010

"Litigating in the UAE: Initial Guidance” in The In-House Lawyer, December 2009/January 2010, pp. 1-5 (together with K. Nassif)

"Litigating in the DIFC: some initial guidance for the unaware” in The In-House Lawyer, December 2009/January 2010, pp. 67-70 (together with S. Zainuddin)

"Antitrust Arbitrations in the Context of EC Competition Law: Brief Guidance for the Unsuspecting International Business”, (6)3 Bloomberg European Law Journal (2009), pp. 32-37

"The DIFC: A Brave New World of Arbitration”, 75(30 Arbitration (2009), pp. 422-424

"Arbitration and ADR of Global Antitrust Disputes: Taking Stock (Part I)”, 1(2) GCLR (2009) (together with Dr. R. Nazzini)

"Arbitration and ADR of Global Antitrust Disputes: Taking Stock (Part III)”, 3(1) GCLR (2008) (together with Dr. R. Nazzini)

"Arbitration and ADR of Global Antitrust Disputes: Taking Stock (Part II)”, 2(1) GCLR (2008) (together with Dr. R. Nazzini)

"Arbitration and ADR of Global Antitrust Disputes: Taking Stock (Part I)”, 1(1) GCLR (2008) (together with Dr. R. Nazzini)

"Whether an Arbitrator Can Serve as a Witness: The Situation under English Law”, 74(2) Arbitration (2008)

"The ‘Minimalist’ and ‘Maximalist’ Approach to Reviewing Competition Law Awards: A Never-Ending Saga”, SIAR 2007:2, pp. 51-78

"The Use of International Arbitration in EC Merger Control: Latest Developments”, 28(12) ECLR (2007), pp. 673-694

"EC merger control: how in-house lawyers and their competition counsel can make use of arbitration”, The In-House Lawyer, Issue No. 154, October 2007, pp. 101-107

"The use of international arbitration in EC merger control - a brief statement”, 12(2) IBA Arbitration Newsletter (2007), pp. 30-33

"Projet de lignes directrices sur la Commission européenne intervenant en tant qu’amicus curiae dans les procedures d’arbitrage international”, Revue Lamy de la Concurrence, juillet/septembre 2007, pp. 148-158 (together with C. Nisser)

"On Provisional Measures in English Arbitrations: A Brief Overview”, 73 Arbitration (2007), pp. 189?198 (together with P. Runeland)

"Supporting Role: Arbitration and the Courts”, The In-House Lawyer, Issue No. 143, September 2006, pp. 50-53

"International Arbitration in EC Merger Control: A ’Supranational’ Lesson to be Learnt”, 6 ECLR (2006), pp. 324-337

"Defining the Limits of Scrutiny of Awards Based on Alleged Violations of European Competition Law: A Réplique to Denis Bensaude’s ’Thalès Air Defence BV v. GIE Euromissile’”, 23(3) J. Int’l Arb. (2006), pp. 249-258

"Reflections on the Role of the European Commission as Amicus Curiae in International Arbitration Proceedings”, 4 ECLR (2006), pp. 174-183

"The Transformation of International Arbitration and the Emergence of the Supranational Arbitrator: Lessons from EC Merger Control”, 6 Int. A.L.R. (2005), pp. 211-221

"Arbitrating competition disputes”, Competition Law Insight, issue of 29 November 2005, pp. 5-6

"The ECJ’s Recent Jurisprudence on Anti-Suit Injunctions under the Brussels Convention: A Promising Début for a more Prominent Role for Arbitration in European Commercial Dispute Resolution at the Dawn of the 21st Century”, 16(3) EBLR (2005), pp. 591-620

"The Role of EC Competition Law in International Arbitration - A Plaidoyer”, 16(1) EBLR (2005), pp. 169-80

"The Turning Tides of Turner - A Commentary on the ECJ’s Recent Judgments in Cases C-159/02 - Turner v Grovit and Others and C-116/02 ? Gasser v MISAT and Their Implications for the English Law on Anti-Suit Injunctions”, Business Law Review (Oct. 2004)

"Anti-suit Injunctions and Arbitration under the Brussels Convention”, The Legal Executive Journal (Oct 2004)

"Free Movement of Persons within the EU: Current Entitlements of EU Citizens and TCNs - A Comparative Overview”, 8(6) International Trade & Regulation (2002)

"News Section”, 8(6) ITLR (2002)

Case notes: "Recent Enforcement Cases under the New York Convention in Europe and the CIS”, 75(4) Arbitration (2009), pp. 566-574 (together P. Runeland)

Arbitration Award rendered in 2005 in SCC case 143/2003, 2 SIAR (2006) (together with D. Goldberg)

Case note on Decision T 4366-02, Dirland Télécom S.A. v. Viking Telecom AB, Decision of the Court of Appeal for Western Sweden of 29 December 2003, 8 ECLR (2005), pp. 432-438

Case note on Case C-159/02 Turner v Grovit [2004], BIICL Bulletin of Legal Developments (July 2004)

Regular case reports on arbitration/ADR and antitrust law in Global Competition Litigation Review

Editorships: Book review editor & member of the editorial board of Arbitration, the journal of the Chartered Institute of Arbitrators, published by Sweet & Maxwell, London

Member of editorial board of International Commercial Arbitration Review, published by Infotropic Media in association with the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (CCI), Moscow

Book review editor of the European Competition Law Review, published by Sweet & Maxwell, London

Editor (together with Dr. R. Nazzini) of the Arbitration and ADR Section of Global Competition Litigation Review, published by Sweet & Maxwell, London

Speaking Engagements: "Arbitration as an alternative means of enforcement in EC competition law and merger control”, Belgrade International Antitrust Conference: Antitrust Laws in Western Balkans - Following the EU path, Belgrade, May 2010

"Enforcement of Awards”, SCL Construction Arbitration Conference, Dubai, October 2009

Arbitration Roundtable, Dispute Resolution in Construction, Dubai, June 2009

"Arbitrating EC Merger Control Issues - An Update”, Dublin Forum on Arbitration and Competition Law, June 2008

"Review of Competition Law Awards: The Maximalist Approach”, ICC Sweden Seminar on Arbitration and Competition Law, Stockholm May 2008

"Claims under Arts. 81 and 82 EC”, Arbitration of Antitrust Claims in the U.S. and Europe, District of Columbia Bar, Washington, March 2008

"The Use of Arbitration in EC Merger Control” , Vienna Arbitration Days, February 2008

"Institutional Arbitration v. Ad Hoc Arbitration: The situation in Europe” & "Applicability of national civil procedure rules in arbitration proceedings”, ERA Conference on International Arbitration, Prague, November 2007

"EC-Remedy-Related Arbitrations: The Commission’s Practice to Date”, ICC UK Special Working Session on Arbitrating Competition Law Issues, London, July 2007

"Latest Developments on the Use of Arbitration in EC Merger Control”, Dublin Forum on Arbitration and Competition Law, June 2007

"The Case for Supranational Arbitration: Ideas and Prospects”, Arbitrating Competition Law Issues: A European and a U.S. Perspective, BIICL Conference, London, June 2006

"The Work of the ICC Task Force on Arbitrating Competition Law Issues”, ICC UK Working Session, London, March 2006

Professional Associations and Memberships: Chartered Institute of Arbitrators London & Dubai
London Court of International Arbitration
Austrian Arbitration Association
German Arbitration Institution
Swiss Arbitration Association
ICC UK National Committee
ICC Commission on Competition
International Bar Association
IBA Arbitration Committee
IBA Antitrust Committee
former ICC Task Force for Arbitrating Competition Law Issues

Mohamed El Khatib
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Position: Partner, Head of Maritime, Labour & Insurance, Litigation, Dubai
Contact: mohammed.elkhatib@habibalmulla.com
Admitted: 1992, Egypt Bar
Education: LLB, Alexandria University, 1992
Language(s): English, Arabic
Expertise: Arbitration / ADR
Banking & Finance
Commercial
Construction
Employment Law
Insurance/Takaful Law
Intellectual Property/Franchising
Litigation
Real Estate
Shipping & Maritime
Practice & Experience: Mohammed  has been practicing in the UAE for over 11 years.

He is an expert in maritime and insurance law and associated litigation, having specialised in this area for almost 20 years.

Mohammed also has extensive experience in disputes concerning trademark infringement and enforcement, counterfeit, real estate and employment law.

Mohammed is admitted to appear before the courts of the UAE and holds an LLB from Alexandria University. He is fluent in English and Arabic.