Zaiwalla & Co has acted
for Middle Eastern clients
for over 35 years
In shipping, energy, construction, trade, and banking disputes. We act in any seat and before any tribunal. We are a City of London firm practising the law of England and Wales, and our international arbitration team advises regional groups on high value, multi-jurisdictional references, whether the seat is London, Dubai, Abu Dhabi, Riyadh, Manama, Doha or Cairo. Sarosh Zaiwalla has acted in over 1,200 international arbitrations and sat on the International Court of Arbitration of the ICC in Paris for 12 years.
How was our Middle East
practice built?
Gulf shipowners, charterers, traders, and contractors have written English law into their contracts for decades, and English law charterparties and sale contracts brought Middle East parties into London arbitration and the Commercial Court. Our first regional instructions came through maritime and international trade work, and the practice widened into energy, construction, banking and family wealth disputes.
Our relationships in the Middle East span several decades. We act for shipping groups, national and private energy companies, contractors and family businesses, and for family offices and individuals with assets in England. Where a dispute must be heard locally, we instruct and manage local advocates, and where it belongs in London, we run it ourselves from our office in Holborn.
Our expertise
We act for Gulf and wider regional clients in London seated and regional arbitration, in the Commercial Court, and in enforcement proceedings across the Middle East, working with DIAC, the ADGM Arbitration Centre, the SCCA, BCDR, QICCA and CRCICA. Our regional work includes:
Oil, gas and energy and infrastructure disputes
Oil, gas and energy and infrastructure disputes, covering supply contracts, joint ventures, concessions and offtake agreements
Construction and engineering disputes
Construction and engineering disputes, including FIDIC contracts, variations, delay and defects claims
Shipping and charterparty arbitration
Shipping and charterparty arbitration, including LMAA references, cargo claims, demurrage and ship sale disputes
Arbitration clause drafting and clause repair
Arbitration clause drafting and clause repair for contracts naming the DIFC-LCIA, the EMAC or the ADCCAC
Challenges to awards
Challenges to awards under sections 67, 68 and 69 of the Arbitration Act 1996, as amended by the Arbitration Act 2025
Recognition and enforcement of foreign awards
Recognition and enforcement of foreign awards under the New York Convention 1958, and resisting enforcement where a ground under Article V applies
Freezing injunctions, asset tracing
Freezing injunctions, asset tracing and enforcement against assets in England and Wales
Sanctions and trade controls advice
Sanctions and trade controls advice affecting regional trade, shipping and banking
Banking, trade finance and Islamic finance disputes
Banking, trade finance and Islamic finance disputes, including murabaha and ijara structures governed by English law
Family wealth, trust and inheritance disputes
Family wealth, trust and inheritance disputes with a connection to England and Wales
Past and present cases
Our regional work has
produced authorities that
binds the English courts
In Jivraj v Hashwani [2011] UKSC 40, the Supreme Court held that an arbitrator is not employed under a contract of employment or a contract for services within the meaning of the discrimination legislation, so a clause requiring arbitrators to be members of the Ismaili community was valid. The judgment settled whether parties may specify an arbitrator’s religion or nationality.
In Hussmann (Europe) Ltd v Al Ameen Development and Trade Co [2003] EWCA Civ 266, the Court of Appeal the Court of Appeal addressed issues related to arbitration proceedings arising from a Saudi Arabian distribution relationship. The judgment primarily focused on jurisdictional challenges, the enforcement of arbitral awards, and the interaction between arbitration and cross-claims.
Speak to our team
We provide the quality of service expected of a City firm at considerably lower rates. To find our more, please phone +44 20 7312 1000 or email info@zaiwalla.co.uk.
Frequently asked questions
Does the DIFC-LCIA still exist?
No. Dubai Decree No. 34 of 2021, issued on 14th September 2021, abolished the DIFC Arbitration Institute, which operated the DIFC-LCIA, and the Emirates Maritime Arbitration Centre. The Dubai International Arbitration Centre succeeded to their agreements, assets and caseloads, and unless the parties agree otherwise DIAC administers a dispute that a contract sends to the DIFC-LCIA. Older clauses should be amended rather than relied on.
Which seat should your Gulf contract name?
Whichever seat gives you an enforceable award where the assets are. London remains the most common choice for shipping, commodities and energy contracts, because the Arbitration Act 1996 and the supervisory jurisdiction of the Commercial Court are well understood. Onshore Dubai, the DIFC, ADGM, Riyadh, Manama and Cairo each have working institutions, and the choice should follow the enforcement route, the governing law and the language of the documents.
Can you enforce an award in the UAE?
Yes, although challenges remain. For example, UAE courts retain broad discretion in applying public policy and jurisdictional principles, which can sometimes lead to unpredictability in enforcement outcomes. The United Arab Emirates acceded to the New York Convention 1958, so a London award is recognised subject to the grounds in Article V, and the UAE Federal Arbitration Law, Federal Law No. 6 of 2018 as amended in 2023, supplies the procedure. Practice has improved considerably, though local courts still examine authority to sign the arbitration agreement, so keep the corporate authority documents with the contract.
Will a Saudi court enforce your foreign award?
Yes, through the Enforcement Law, Royal Decree No. M/53, which gives the enforcement court jurisdiction over foreign judgments and awards. The conditions include reciprocity, that the Saudi courts had no jurisdiction over the dispute, proper notice to the parties, finality, no conflict with a Saudi judgment or award, and no conflict with public order. Saudi Arabia acceded to the New York Convention 1958 with a reciprocity reservation.
It is important to note that Saudi courts will not enforce awards that conflict with Sharia or public policy, which includes prohibitions on interest and punitive damages. If an award contains elements that violate Sharia or public policy, Saudi courts may enforce the compliant portions of the award while refusing to enforce the non-compliant elements
Can you require an arbitrator’s religion?
Yes, in Jivraj v Hashwani, the Supreme Court held that arbitrators are not employees or persons employed under a contract for services for the purposes of the discrimination legislation, so a stipulation that the tribunal be drawn from a particular religious community does not fall foul of it. Nationality, professional qualification and language requirements are commonly used in Gulf contracts and are valid on the same reasoning.
Is Yemen a New York Convention party?
No. Yemen has not acceded to the New York Convention 1958, so an award against a Yemeni party cannot be enforced there under the Convention, and recognition depends on Yemeni law and any applicable bilateral or Arab League instrument. Where a Yemeni counterparty holds assets in a Convention state, the enforcement strategy should target those assets. Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates are all parties.
What is your next step?
To talk to us about a legal matter concerning a jurisdiction in the Middle East, please contact us at info@zaiwalla.co.uk or by telephone on +44 20 7312 1000. We will tell you which institution now administers the dispute, whether an arbitration clause needs amending, which seat and court supervise it, and where an award against your counterparty can be enforced. If you require, we can also provide commercially astute legal advice on sanctions and how they may impact your strategy.