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 organisation’s resilience?

As the sole lawyer in the legal team, I must be highly flexible to address the varying demands of the business across our different offices. When the business requires my attention on specific matters, I need to focus accordingly.

In any role, it is essential to prioritise and organise tasks based on urgency, importance, the complexity of managing the client, and the time required to complete each task. At times, this can be challenging; however, during a crisis when I need to be fully engaged, I must ensure I meet the business’s needs and seek external assistance if necessary.

Shipping problems are often perceived as crises by the business and require urgent attention, especially since they involve a ship, crew, and passengers. Nevertheless, it is crucial for lawyers to remain calm in such situations and address the issues at hand. This can be easier said than done when dealing with a variety of individuals, each of whom may respond to stress differently.

Managing a legal team or working as a sole lawyer necessitates effective workload planning, ensuring that there is flexibility within that plan to allow for some tasks to be postponed while prioritising the immediate crisis. Like any ship, we as lawyers must adjust and change course according to the business’s needs, knowing that we can always return to our original course later. Thus, I believe that the key to handling crises effectively lies in good adaptability and collaboration with operations and commercial colleagues to enhance the business’s resilience.

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

As a shipping group, our legal matters primarily revolve around disputes arising from charter parties, which are typically referred to arbitration. Arbitration is the preferred method for resolving shipping disputes due to its efficiency and confidentiality. We operate across various jurisdictions, and many national oil, gas, grid, and EPC companies require us to draft contracts under local law instead of English law, which keeps me adaptable and vigilant.

We strive to resolve most issues before they escalate to arbitration or court proceedings, as this approach is always preferable. It helps minimise costs, maintain amicable business relationships, and save time. Given the nature of the shipping industry, prompt resolution is often crucial, especially since vessels may be on hire or preparing to commence hiring—making time of the essence.

Currently, we are dealing with a complex taxation issue before the taxation authority of a European Member State. This matter concerns whether the Member State’s customs handbook is correctly transposing EU directives and whether there are exemptions that permit the use of excise-free diesel while our vessels are in port or within the 12-nautical-mile economic zone. This issue has raised significant questions about whether our vessels are considered to be used in navigation or not, which could have considerable implications for our operations.

Other matters we have been dealing with are enforcement matters in the UAE for non-payment of hire (a common issue for offshore vessel operators in the Middle East), public procurement law, re/delivery issues under various European laws and various corporate matters.

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

In my previous roles as a litigation lawyer in private practice in London and Dubai, I observed that many of the Middle East-based disputes were tactics used by parties to delay payment rather than genuine disputes regarding whether X was payable or how the contract should be interpreted. This was quite frustrating for the clients, no doubt.

I have been working in the UAE since 2013, and without a doubt, the region is becoming more sophisticated and offers good options for dispute resolution, with awards and judgments that can be easily enforced in the UAE and elsewhere. The quality of the judgments and awards, overall, is very good, which ensures that the region is becoming more attractive to businesses.

At present, there is an initiative under consideration regarding whether the DIFC Courts’ jurisdiction should be expanded to selected free zones (with either DIFC laws or UAE laws to apply). Some lawyers I have spoken to think this is a welcome development, but I am not sure I agree. The Dubai Courts are a relatively cost-effective way for companies to resolve non-payment disputes; however, the DIFC filing fees may be prohibitive for some claimants (although it is not clear what the fees will be at present). Furthermore, it is always open for parties to opt for the jurisdiction of the DIFC Courts for resolving their disputes from the outset or after a dispute arises. I personally believe this decision should be left to the parties to agree upon when they negotiate the contract.

The consolidation of the Emirates Maritime Arbitration Centre (EMAC) and the Dubai International Financial Centre (DIFC) Arbitration Institute into the Dubai International Arbitration Centre (DIAC), along with the Abu Dhabi International Arbitration Centre (Centre), branded as “arbitrateAD,” replacing the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), are both welcome changes. These developments will hopefully attract more parties to resolve their disputes in the UAE, as opposed to travelling to London or Singapore, for example.

What is a topic of business (or otherwise) that you are passionate about?

I am a CEDR-accredited mediator, and I have gained most of my mediation experience dealing with divorce and family issues in the UAE. I have also trained in workplace mediation, although I have not yet had the opportunity to mediate in that capacity officially.

I find mediation to be a very rewarding and important way to help resolve disputes. As a litigation lawyer, I am acutely aware that disputes inevitably arise, sometimes solely to delay payment. However, often the parties are entrenched in their positions and require assistance to move forward. Frequently, contracts are not clearly drafted, leading one party to consider their position correct while the other believes theirs is preferable. Referring such issues to arbitration or court may take years to resolve.

Disputes can, of course, be resolved through arbitration or referral to court, as appropriate. However, I believe that parties in the Middle East could benefit from considering mediation as a preferable way to resolve their issues. Although mediation does not guarantee resolution, there are promising statistics indicating that a very high proportion of mediations settle during the process or shortly thereafter.

As in-house counsel, I find my mediation training to be very useful, as it aids in discussions with colleagues and third parties.