Dispute Resolution

Dispute Resolution

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Dispute Resolution

KBH has a strong dispute resolution offering and has been nominated repeatedly by international legal directories as a leading law firm. The capability of the firm extends to advising on litigation matters, arbitration and mediation. Its lawyers are highly experienced and globally ranked barristers, arbitrators and solicitors. KBH is noted to have played a key role in the development of the DIFC as a favourable jurisdiction for dispute resolution and has helped to develop the law, set important precedents and provided access to justice.

The founder of the firm, Kaashif Basit, was acknowledged as a leading barrister in the DIFC Court and the legacy continues.

The dispute resolution team at the firm is currently led by DK Singh, Basem Al Muthafer, Haifa Khunji and Bushra Ahmed. The team represents clients in a wide range of issues including:

  • Property dispute
  • Financial services
  • Employment matters
  • Insolvency
  • Shareholder disputes
  • Economic offences
  • Contractual and commercial disputes
  • Media and sports disputes
  • Reputation management

 The forums within which KBH is active are:

  • DIFC Court
  • London High Court
  • Dubai Courts
  • DIAC
  • DIFC – LCIA Tribunals
  • Bahrain Courts
  • Kuwait Courts
  • Special Tribunal for Dubai World
  • Small Claims Tribunal

Recent Experience:

Rafed Al Khorafi & 2 Ors v (1) Sarasin Alpen (ME) Limited (2) Bank Sarasin (2014):  Acting for the Al Khorafi family, in successful proceedings in the DIFC Court against two financial institutions and part of the Sarasin group of companies. The claim was brought in respect of serious regulatory breaches by the First Defendant. The claim against the Second Defendant was brought on the basis that it was providing unauthorised financial services in the DIFC and had acted in breach of its duty to the Claimants giving rise to a claim in negligence. Judgment was handed down by the DIFC Court on 21 August 2014.  Deputy Chief Justice Sir John Chadwick found in favour of the Claimants in their claims that the First and Second Defendants had breached various provisions of the DIFC Regulatory Law. This is a significant judgment as it establishes a landmark precedent on jurisdiction of the DIFC Courts and mis-selling of financial services products.  The case ran for over two years and was unique in the sense that it will be of interest to practitioners and judges across the common law world and will be scrutinised and analysed by hedge funds, banks and financial institutions.

GFH v David Haigh (2014): David Haigh, the former Managing Director of Leeds United Football Club, instructed KBH.  The Defendant was taken into custody without charge following allegations of false invoicing. GFH was granted an interim freezing and search order, which is due to be appealed.  Bushra Ahmed was instructed as Counsel. 

Raul Silva v United Investment Bank (2014):  Bushra Ahmed was instructed by Stephenson Harwood as Counsel to represent the Defendant at the appeal hearing in relation to a claim arising out of an employment dispute.  This is the first time the DIFC Court has had to determine what is meant by an employee owing fiduciary duties in the DIFC under the Law of Obligations.

Suhail Badami v Daman (2014):  KBH is instructed by the Claimant against the developer, Daman.  The Claimant issued a notice of termination due to delay in handing over his unit.  The developer relied on contractor related force majeure events to justify the delay, which were not accepted.  A further dispute arose over whether Daman properly served the Claimant with valid notices of delay.  The matter is listed for trial in October 2014. Bushra Ahmed is instructed to appear as Counsel.

Youssef Issa Ward v Damac (2014):  KBH acts for the Claimant in seeking to recover sums advanced for the purchase of a residential unit.  The dispute arose over whether consolidated amounts from other projects, transferred towards the purchase price of the unit, constitute milestone payments.  In the event that the DIFC Court finds that they are, the Claimant has correctly terminated for repudiatory breach. However, if the DIFC Court does not, the secondary issue for will be the validity of a forfeiture clause in the agreement.  This is the first time the DIFC Court will determine this issue.  Bushra Ahmed is instructed to appear as Counsel.

Mustafa Al Hendi v Dubai Aerospace Engineering Ltd (2014): KBH acted for the Claimant in a claim arising out of alleged breaches of his contract of employment. The Defendant counterclaimed for breach of fiduciary duty and deceit. Bushra Ahmed was instructed as Counsel.

Corinth Pipeworks LLC v Barclays Bank v Afras Ltd (1) Mr Nanda Kumar (2) (2014): KBH was instructed by the Part 21 Defendant, Mr Nanda Kumar, in the first tri-partite action in the DIFC Court.  The Defendant provided banking facilities to the Part 21 Defendant. The Claimant alleged that the Defendant participated in a fraud upon the Claimant perpetrated by Mr Kumar. As a result of the alleged fraud, the Claimant stated that it had suffered loss in excess of USD 24 million. The claim against Mr Nanda Kumar was denied. Bushra Ahmed was instructed as Counsel.

Kisan International Trading FZE v BNP Paribas, Dubai (2013):  KBH was instructed to advise the Claimant in relation to seeking injunctive relief against the Defendant, to prevent it from making payments to a Chinese seller under a letter of credit pursuant to a shipping contract.

Supergems ME Ltd v Daman (2013):  KBH was instructed to act on behalf of a Claimant investor seeking to recover sums paid upon termination of reservation agreements for the purchase of units in “The Buildings” development by Daman.  The DIFC Court of First Instance acknowledged that the Defendant was unduly holding large sums of money belonging to the Claimant, however it did not order repayment of those amounts, encouraging the Parties to settle the matter instead.  Bushra Ahmed was instructed as Counsel.

Rahman (1) Iftikhar (2) and Dattani (1) Jobhanputra (2) v Damac (2013): KBH was succesful in acting for four Claimants in their claims for damages against Damac arising out of breaches of two sales purchase agreements.  In a judgment given by Chief Justice Hwang, he found that the failure of Damac to handover units, which were fit for possession and occupation, entitled the Claimants to terminate the Sales Purchase Agreements.  This is the first time the DIFC Court was required to consider the question of what “possession and occupation: means.  Bushra Ahmed was instructed as Counsel in proceedings in the DIFC Court.

Aida Dagher v CII (UAE) Ltd (2013):  Bushra Ahmed was instructed by Bin Shabib Associates and therafter Stephenson Harwood as Counsel on behalf of the Claimant in a claim arising from breaches of an employment agreement and unlawful deductions of wages.