DK Singh

Notable Cases

International Commercial Arbitration

·        Acted for the Claimant in a DIAC Arbitration claim for damages involving breaches arising out of a franchise agreement with a Saudi entity.

·        Acted for the Respondent in a DIFC-LCIA arbitration in relation to breach of a litigation funding agreement.

·        Acted for a Claimant in a DIFC-LCIA Arbitration dealing with issues relating to the notice provisions in the DIFC Real Property Law, as well as the cure provisions provided for in Article 80 of the DIFC Contract Law.

·        Acting for the Claimant in a DIFC-LCIA Arbitration in connection with the recovery of USD 25 million from the borrower (together with those individuals and entities who had guaranteed the borrower’s liability) under a credit facility agreement. Concurrent possession proceedings were commenced in the UK against a residential property used as security.

·        Acted for the Respondents in respect of USD 180 million DIFC- LCIA Arbitration concerning a Shareholders Agreement as well as an option agreement with a time of essence clause.

·        Advising in a third-party disclosure exercise in a DIFC-LCIA arbitration.

·        Acted for the Claimant in an ICC Arbitration, under a provision for services contract relating to an infrastructure project in South Asia. The seat of the arbitration was Paris, and French law was applicable.

·        Acting for the Claimant in successfully obtaining a Worldwide Freezing Order in the DIFC Courts to freeze assets up to USD 80 million in value to secure an Arbitral Award obtained under LCIA India that was to be Enforced in the DIFC and Dubai Courts.

·        Acted for the Claimant, a turbine manufacturer company, against an American global corporation for breach of contract and significant damages in an ICC arbitration with seat in London.

·        Acted for the Respondent in a claim by an international aviation lessor for breach of contract and damages under an AAA arbitration with seat in San Francisco.

·        Acted for a large coking coal company, a Respondent in a claim by a supplier under LMAA Arbitration, with seat in London.

·        Acted for a large coking coal company, a Respondent in a claim by a Norwegian shipping company for breach of charterparty contract, under LMAA Arbitration with seat in London.

·        Acted for a commodity trader, a Respondent in a claim by a supplier for breach of contract, under a GAFTA Arbitration clause, with seat in London.

·        Advising a Norwegian shipping company for the Enforcement of a USD 82 million LCIA Arbitration Award in the UAE against shareholders of the counterparty in the arbitration.

·        Advising a Chinese company in the Enforcement of a significant DIAC Arbitration award against a local company based in the UAE using the DIFC conduit jurisdiction.

·        Advising one of the largest family business branches in the Gulf region in relation to a shareholders’ and family dispute against the holding company, as Claimant, in an arbitration seated in London under LCIA Arbitration Rules.

·        Advising a UAE company against a Turkish company in a claim in the DIFC Courts where the UAE Company contests the Court Action on the basis of a provision which provides for a GAFTA Arbitration as a jurisdictional point to be decided by the DIFC Courts.

·        Advising an Emirati family business in relation to a DIAC Arbitration claim sought to be brought by a Dutch Bonds trader for default of payment.

·        Acted for a UAE Free Zone Defendant Company in a challenge to the Enforcement of Emirates Maritime Arbitration Centre 2016 Rules award (now subsumed under DIAC Rules) in the DIFC Court arising out of a shipping dispute.

Banking and Financial Services

·        Rafed Al Khorafi & Others v (1) Sarasin Alpen (ME) Limited (1) Bank Sarasin (2) [2019] – Acted for the Claimants in the largest financial mis-selling case in the GCC region, before the former Deputy Chief Justice of the DIFC Courts, Sir John Chadwick, formerly the Lord Justice of Appeal in England & Wales.

·        In the matter of Al Masah DFSA Investigation [2017] – Acting for Al Masah, a 2 billion dollar asset management company based in the DIFC investigated for regulatory breaches. The matter went up to the Financial Markets Tribunal and also led to changes in the Collective Investment Law.

·        Sanjeev Sawhney and Alka Sawhney v Credit Suisse [2021] – Acting for the Claimants in relation to a mis-selling claim arising out of potential breaches of the DIFC Regulatory Law.

·        KBC Aldini Capital Limited v (1) David Baazov (2) Canaccord Genuity Corp (3) Canaccord Genuity (Dubai) Limited and (1) Aleksei Chegodaev (2) Ferdyne Advisory Inc [2017] – Acted for a Claimant against the owner of the world’s largest online gambling company and its financial advisers, relating to equity commitment letters filed in support of a go private bid to acquire a global internet gaming company, Amaya Inc.

·        IGCF General Partner (on behalf of The Infrastructure and Growth Capital Fund LP) v KPMG Lower Gulf Limited [2019] – Acting for the Claimants in respect of a pre-action disclosure application and Part 7 proceedings against KPMG as auditors of the now liquidated Abraaj Group, the largest asset management fund with assets under management of around USD 14 billion.

·        Union Bank of India (DIFC Branch) v (1) Velocity Industries LLC (2) Velocity Venture Limited (3) Umaku Trade Invest Limited (4) Vijey Kapoor (5) Ravi Kuchimanchi (6) Rajinder Makhijani (7) Parag Gupta (8) Devika Makhijani [2020] – Acting for the Sixth – Eighth Defendants in a claim against them pursuant to alleged obligations under personal guarantees.

·        CL-2020-000211(1) Njord Partners SMA-Seal LP (2) NPSSF Debt Co S.A.R.L. (3) AIE III Investments, L.P. (4) Nordic Trustee AS v (1) Astir Maritime Limited (2) Muhammad Tahir Lakhani (3) Muhammad Ali Lakhani – Acted for the Defendants in seeking a declaration as to the applicability of the Treaty between UK and UAE on Judicial Assistance in Civil and Commercial Matters 2006 arising out of an enforcement of a Freezing Order for default on payments to the Claimant Funds.

Corporate & Commercial Matters

·        Corinth Pipeworks S.A. v (1) Barclays Bank PLC (2) Afras Limited (3) Radhakrishnan Nanda Kumar [2010] – Acted for the Second and Third Defendants in respect of a breach of a services contract, before the former Deputy Chief Justice of the DIFC Courts, Sir David Steel, former Judge of the Commercial and Admiralty Courts, England & Wales and the former Chairman of the European Commercial Judges Forum.

·        Ilyas Gaffar Saboowala v RAG Foodstuff Trading Limited and others [2017] – Acting for the Defendants in successfully discharging an injunction before former Deputy Chief Justice Sir David Steel. Set down for trial before the former Court of Appeal Judge Roger David Giles, a former Judge of the Supreme Court of New South Wales, in a claim for damages and out of a breach of warranty.

·        Huobi OTC DMCC v (1) Tabarak Investment Capital Limited (2) Christian Thurner [2020] – Acting for the First Defendant, an investment management firm, in a claim relating to the transfer and storage of bitcoins. This is the first cryptocurrency case in the Technology and Construction Division of the DIFC Courts, and was heard in December 2021 before the former Court of Appeal Judge Justice Sir Richard Field (judgment pending).

·        Mr Amit Dattani (2) Mr Nitin Jobanputra (3) Mr Masood UR Rahman (4) Mr Shemhon Iftakhar v Damac Park Towers Company Limited [2014] – Acted for the Claimants in proceedings before the former Chief Justice Michael Hwang, former Judicial Commissioner of the Supreme Court of Singapore, involving a breach and subsequent termination of an SPA in the absence of a contractual termination clause in the SPA.

·        Youssef Issa Ward v Damac [2014] – Acted for the Claimant addressing open contracts by which purchasers reserved property.

Insolvency

·        In the matter of the liquidation of Diwan Capital Limited [2013]: Acting for the liquidator in relation to claims by former employees against the estate of the liquidator and managing derivative claims brought by shareholders against other shareholders for fraud.

·        In the matter of the liquidation of Esprito Santos Bank, DIFC [2014] – Acted for an investor who suffered losses on account of the wrongful treatment of his savings by Deloittes, the appointed liquidators. Was elected to sit on the Liquidator’s Committee and successfully recovered the client’s invested amounts in full.

·        Orion Holding and Others v Others [2015] – Acted on behalf of a liquidator of various DIFC and US companies in successfully resisting a jurisdiction challenge brought by a Swiss bank in resisting claims by the liquidators to have certain pledges made by fraudulent directors declared invalid as well as subsequent enforcement proceedings against the Bank in Switzerland.

·        In the matter of the liquidation of AL Masah Capital Management Limited (AMCML) DIFC [2020]: Acting for the shareholders of AMCML in arranging a voluntary liquidation occasioned by the failure of the entity as a going concern arising out of DFSA investigation.

Corporate Advisory

·        Advising a HNWI from Saudi Arabia in relation to setting up a DIFC based entity for wealth management and restructuring his global assets to remove them from any reporting obligations for tax purposes in the USA.

·        Advising a HNWI on establishing a Foundation in the DIFC to manage US$400 million acquired by sale of his business in GCC to an USA based entity. Investment companies as subsidiaries of the Foundation were set up in Singapore for the purpose of acquiring businesses and operating companies in India.

·        Advising the Bahraini Government owned real estate company in acquiring a listed car parking business in Manama assisted by KPMG Bahrain.

·        Advising a Singapore based wealth management company, Taurus Wealth Management in setting up a Category 3 regulated business in the DIFC.

·        Advising a prestige motor car company as a start up business with investors from Far East and Europe and with operations in UAE, Bahrain and Hong Kong with the assistance of Grant Thornton. The work involved creating a corporate structure flexible to operate across various jurisdictions and the key promoter holding IP rights in the business.