How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organization’s resilience?

Crises are the ultimate test of an organisation’s internal systems and values, exposing both strengths and weaknesses. In such moments, unbiased, swift, and creative decision-making becomes crucial. Legal teams must be empowered to make rapid judgments grounded in facts and aligned with the broader business strategy. While speed is essential, creativity is equally important, as crises often present unique challenges that require innovative solutions. Therefore, it is vital to foster an environment where legal decisions are made both quickly and carefully, ensuring that thorough legal analysis is not compromised in pursuit of strategic organisational goals.

Organisations must also embrace change during crises. These situations often demand a reassessment of established norms and a flexible adaptation of principles to ensure resilience under pressure. This might involve updating compliance frameworks, revising risk management strategies, or even shifting priorities within legal workstreams to better align with the current reality. A flexible legal framework allows an organisation to adapt to changing circumstances without undermining its core values.

Achieving this adaptability and resilience is not possible without a diverse legal team with complementary skills. For instance, the legal team at Etihad Rail Group includes members from over 10 nationalities. This diversity of perspectives enriches the decision-making process, allowing the team to approach challenges from multiple angles and devise more robust, comprehensive solutions. In times of crisis, drawing on such a wide range of expertise ensures that the legal function can effectively support the business, safeguarding the organisation’s interests while contributing to its long-term resilience.

What are the main cases or transactions that you have been involved in recently?

As General Legal Counsel of Etihad Rail, a major UAE infrastructure developer, the legal team has played a pivotal role in supporting significant multi-billion-dollar railway projects both domestically and internationally. These projects have involved a wide array of transactional assignments, including construction, railway and terminal operations, logistics, project financing, as well as handling dispute resolution, regulatory issues, joint ventures, and M&A activities. One of the most notable achievements has been the development of a 900 km railway network spanning the seven Emirates of the UAE, connecting three major seaports, establishing key facilities and stations in important industrial and population centres, and forging the first international rail link with Oman. Remarkably, this milestone was achieved within an unprecedented five-year timeframe.

The rapid expansion of the organisation has necessitated the establishment of scalable and agile corporate, compliance, and governance frameworks. These critical components fall under the oversight of the legal function, ensuring that the organisation remains compliant with regulatory standards while also being flexible enough to adapt to the evolving demands of large-scale infrastructure development. The legal team’s work is instrumental in supporting Etihad Rail’s continued growth and ensuring the long-term success of its ambitious projects.

What do you see as the major legal challenges for businesses in the region over the next five years, and how are you preparing to address them?

The major legal challenges in the region over the next five years are expected to arise primarily from rapid technological advancements and an evolving economic landscape. As we enter an era marked by a fast-paced environment, the proliferation of data, intense competition in technological innovation, and economic uncertainty, businesses will encounter unprecedented legal complexities.

To effectively navigate these challenges, resilience and a proactive approach to legal risk management will be crucial. This involves not only carefully calculating and mitigating potential legal risks but also embracing and implementing innovative solutions. Adapting legal frameworks to accommodate emerging technologies, such as artificial intelligence and blockchain, will be essential for organisations seeking to remain competitive and compliant in this dynamic landscape.

Have there been any recent trends or changes in the nature of disputes in the region

As an international arbitrator and in-house practitioner, I have observed a growing acceptance of alternative dispute resolution mechanisms, both internationally and within the Middle East. Arbitration and mediation are increasingly becoming the preferred choices for resolving disputes in international trade and are receiving greater recognition and support from the judiciary in the region.

This trend signifies a substantial shift towards more efficient, cost-effective, and flexible methods of dispute resolution. The rising expertise and professionalism of parties, institutions, arbitrators, and the judiciary in managing complex legal disputes have further enhanced confidence in ADR mechanisms. Consequently, there is a growing trust in arbitration and mediation, not only as viable alternatives to litigation but also as preferred methods for dispute resolution.

Additionally, the region’s legal framework is evolving to better accommodate these mechanisms, with new laws and regulations being introduced to support and streamline arbitration and mediation processes. This evolution contributes to a more robust and reliable dispute resolution environment, making it easier for businesses to navigate and resolve conflicts efficiently.