General counsel | Dutco Group
Helen Graham
General counsel | Dutco Group
After qualifying in New Zealand, I spent the larger part of my career in a large City of London practice, becoming a partner in its Dispute Resolution Department. I led a large legal and expert team in the largest arbitration in the UK, involving 43 weeks of hearing time, relating to the conversion of a bulk carrier into an oil and gas pipelaying vessel.
In 2007, I moved to Dubai to become the General Counsel of a large, diversified Emirati group operating regionally in construction, hotels, real estate, and freight, and logistics. My work encompasses a wide range of corporate, commercial, acquisition, and joint venture matters across these sectors.
I have learnt the importance of long-term thinking and relationships. Law is not an esoteric discipline but the very language and methodology by which business is conducted.
Notwithstanding changes in foreign investment laws permitting 100% foreign ownership in many sectors, astute foreign partners entering this market seek true joint ventures with experienced Emirati groups that have substantial local operating experience. That is the future model for success.
More than anything, successful, well-run businesses require lawyers who can analyse lessons learned, plan, assess probable outcomes, and adjust to mitigate risk. Advising businesses requires an understanding of often unique commercial circumstances, necessitating bespoke contract drafting to create new ways of managing risks. As a result, I am cautious about artificial intelligence software providing legal advice and drafting, due to the propensity for its deliverables to be accepted uncritically. In environments where it remains a human failing to ask the wrong question, receive irrelevant legal advice, but move on satisfied with having “ticked a box” of legal approval, this can be particularly concerning.
Businesses in the region face a more contentious environment, where a party for whom things did not work out is prepared to roll the dice in litigation, or equally unpredictably, in arbitration. Business leaders, as users of the legal system, are often puzzled and concerned by judgements and awards that interpret contracts contrary to industry custom and practice, are inexplicable, or contrive to reallocate contract risk. When the result is so far removed from what was expected at the time of contracting, it is unfair to businesses that need to understand the apportionment of rights and risks when they enter into contracts in the region. Commercial certainty is what businesses seek from the legal system, more than some arbitrary concept of justice.
Business needs to operate in a predictable and mature legal environment. An important way for the UAE to up the ante as a favourable jurisdiction in which to do business is to develop new and different business laws for commerce, based on recognised international commercial principles. This includes certainty of process, well-reasoned judgements and awards that are subject to scrutiny, and a system of judicial precedent that promotes business stability.
General counsel | Dutco Group
General counsel | Dutco Group
General counsel | Dubai Transport Company (Dutco Group)
Dutco Group’s general counsel since 2007, Helen Graham’s extensive prior career included conduct spanning seven years on the largest London Maritime Arbitrators Association arbitration relating to the conversion of an...