Jason Feng

Trowers & Hamlins has boosted its international construction disputes line-up with the hire of Magda Kofluk from Stephenson Harwood as a partner. Kofluk, a civil law construction arbitration specialist, is to move after three years as a member of Stephenson Harwood’s international arbitration and construction and engineering practice group, where she was a counsel. She is bringing with her senior associate Samantha Martin. https://lnkd.in/gAj2BrAy #legalnews #lawfirmappointments

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FIDIC Time Bars Across Legal Systems (Part 2) Egypt and Saudi Arabia In the previous post, we saw that under common law systems, including the DIFC, Sub-Clause 20.1 of the FIDIC Red Book is generally enforced strictly failure to notify within 28 days usually results in loss of entitlement. However, under civil law frameworks, the analysis often considers whether such contractual forfeiture can prevail against broader legal principles. Egypt — Contractual Freedom Balanced by Good Faith Egyptian contract law is based on principles of contractual autonomy, good faith in performance, and prohibition of abuse of rights under the Egyptian Civil Code. As there are no widely reported court decisions on Sub-Clause 20.1, much of the practical guidance comes from arbitration practice. One often-cited example is JV of American and EU Dredging Companies v Red Sea Public Authority, where the tribunal declined to enforce a strict time-bar defense, noting the Employer’s awareness of the events and the relevance of good faith. In practice, tribunals applying Egyptian law often look beyond the mere existence of the time bar and examine issues such as whether the Employer already knew of the event, whether the Employer suffered actual prejudice due to the late notice, and whether reliance on the clause amounts to an abusive exercise of contractual rights. As a result, Sub-Clause 20.1 may still be enforceable under Egyptian law, but its application is frequently assessed through the broader framework of civil law principles rather than purely procedural compliance. Saudi Arabia — Contractual Rights Within a Statutory Framework Saudi contract law is now largely structured under the Saudi Civil Transactions Law, which emphasizes principles such as good faith in performance, the prohibition of unjust enrichment, and restrictions on abusive exercise of contractual rights. There are currently no publicly reported Saudi court judgments that deal directly with the enforceability of Sub-Clause 20.1. However, practitioner commentary and arbitration experience suggest that tribunals applying Saudi law may assess whether strict reliance on a time-bar clause produces disproportionate or unfair outcomes. In particular, tribunals may consider whether the Employer was already aware of the event giving rise to the claim, whether the delay in notification caused real prejudice, and whether the clause is being relied upon in a way that creates an unjust advantage. For practitioners working across the Middle East, this distinction is critical. Strict notice discipline remains essential on every project. Yet the ultimate outcome of a dispute may depend not only on the wording of the clause, but also on how the governing legal system balances contractual certainty with broader principles of fairness and good faith. #Causanex #FIDIC #ConstructionLaw #ContractManagement #MiddleEastConstruction

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One of the most encouraging shifts we’ve seen in Saudi Arabia is how much faster and more efficient commercial dispute resolution has become. Our partner, Sarah Gonem, recently spoke about this — highlighting the impact of the Commercial Courts Law and other reforms that are making it easier for businesses to resolve disputes with speed and confidence. Watch the video to learn more. #SaudiArabia #DisputeResolution #CommercialLaw #LegalUpdates #CommercialCourts

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Ever heard of a cross-default clause? It’s when a default in one agreement “criss-crosses” over to trigger a default in another - a domino effect across contracts! 🤝 In the UAE, these clauses are generally enforceable as long as they’re clearly worded, fair, and agreed by both parties. So, one small breach in Contract A could echo right into and zebra cross into Contract B.

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Contracts are tools. Not traps. So why do so many still read like they were ghostwritten in 1666? The result? Deals stall. Teams get confused. Everyone calls Legal. Here are 3 questions from my 17-question contract checklist (link in comments): 🔹 Are you using active voice? 🔹 Do your clauses flow in a way that makes sense without a legal translator? 🔹 Would Sales know what to do next, without asking you? 🔁 Repost if you’ve ever had to explain your own contract line by line.

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The next four months will be decisive for legal recruitment in the GCC! Demand for legal talent is surging, driven by booming M&A, regulatory reform, and Vision 2030 initiatives. The UAE and Saudi legal markets alone have seen a 20% rise in hiring activity since mid-2025, especially for expertise in compliance, corporate governance, fintech, and ESG. Over 80% of legal roles remain unadvertised, making targeted headhunting essential. With the GCC labor market expected to grow at 2.6% CAGR over the next decade, and Saudi facing a shortage of 660,000 skilled professionals by 2030, speed and precision in recruitment are critical. As a specialist legal headhunter, I provide direct access to this scarce talent pool and market insights to help organisations fast-track hires and build future-proof legal teams. This period is all about acting fast, securing the right fit, and staying ahead of competition in a candidate-driven market. Ready to leverage these critical months? Let’s connect and secure your best hires before the market shifts again. Reach out to me at edward@aventusglobal.com to tap into exclusive GCC legal talent. The time is now!

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Stephenson Harwood has strengthened its Dispute Resolution practice with the arrival of Ryan Whelan, who joins the firm as a Partner in Dubai. Ryan has acted on some of the region's most high-profile and high-value disputes, including multi-billion-dollar arbitrations, and his experience extends to acting as Project Counsel on several megaprojects. His clients include some of the energy and infrastructure sector's leading names, as well as sovereign states, sovereign wealth funds, and national oil companies. He has advised clients on market leading energy, renewables, water, and infrastructure projects throughout the Middle East, Africa and internationally. "The Middle East is continuing to undergo transformative economic growth resulting in huge opportunities for businesses and investors," said Partner and Head of Middle East Construction Disputes Ron Nobbs. "As the region continues to implement this transformative change, and to attract substantial foreign investment for large-scale and complex projects, it is inevitable that we will see an increase in construction, engineering and infrastructure disputes. Ryan's top of market regional and global experience makes him a valuable addition to the team, bolstering our ability to help our clients manage risk and resolve disputes efficiently at every stage of the project lifecycle." "We're really pleased to welcome Ryan Whelan to our team," said Rania Tadros, Dubai Office Managing Partner, Stephenson Harwood. "Ryan is the eighth new partner to join the Dubai office in less than 18 months. Expanding our presence in the Middle East is a core component of our international strategy. Ryan brings extensive experience and deep understanding of the region, and of managing complex and high-profile disputes. Ryan's expertise will be invaluable in helping us support our clients' needs across the region and beyond." See link in comments for more information. #DisputeResolution #Construction

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Dubai lawyers earn up 3x more than their Sydney peers - AUD$277k v AUD$125k for grads, and AUD$480k by Year 5, and all tax-free. #auslaw #lawyers #legalrecruitment #toptierlawfirms #salaries

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Compensation in KSA’s Private Practice Market Saudi Arabia has emerged as one of the most financially competitive jurisdictions worldwide for private practice lawyers. The shift has been rapid, structural, and driven by demand. Some international law firms are no longer offering "relocation packages" to incentivise moves to Riyadh. Instead, they’re putting forward globally aligned compensation structures that reflect the strategic importance of the Saudi market to their regional and global operations. Total packages on offer from international firms now rival those in London, Dubai, and even New York, particularly when factoring in the tax-free environment. These firms are aligning base salary with international benchmarks and layering on allowances such as annual flights, discretionary bonuses, and long-term incentive plans. US-headquartered firms continue to lead the market on compensation. They are importing global structures into their Riyadh operations, often offering enhanced bonuses and fast-track promotion potential to attract top-tier talent. Local firms, once seen as more conservative on salary, are now highly competitive. To retain and attract top talent - especially those with international education, training, or qualification - leading national firms are offering salaries and incentives that mirror international standards. Across the market, compensation expectations have risen sharply. In the last year alone, many firms have had to adjust salary bands multiple times to keep pace with demand. Total remuneration is no longer based on location. It’s based on value - and firms are paying for it. For associates, counsel, and partners alike, Riyadh is no longer a market to consider cautiously. It’s a market to take seriously. If you’re considering a move, actively hiring, or simply curious where your profile sits in the current market - I’d be happy to have a confidential conversation. Get in touch at megan.cole@madisonpearl.com.

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In the June issue of Law Middle East, partner James Clark explores Saudi Arabia’s emergence as a global hub for complex, large-scale infrastructure projects, highlighting how local insight, effective project management and a 360-degree vision are key to navigating the Kingdom’s multi-billion-dollar developments. 💡 Read more about the legal insights and strategic developments shaping this transformation: https://lnkd.in/gG2Zgsjw

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10 Legal Mistakes I’ve Seen in the UAE That Cost Companies Millions💸 In 16+ years of working with businesses in the UAE, I’ve noticed a pattern: The same legal mistakes keep repeating… and they’re expensive. Here’s what I’ve seen first-hand: ✅ 1. Poorly drafted contract One vague clause led to a $5M dispute for a Dubai-based company. Always review contracts carefully. ✅ 2. Ignoring trademark registration A local business lost its brand name because someone else registered it first. Protect your IP early. ✅ 3. Wrongful employee terminations Skipping proper labor law procedures cost a company millions in penalties and bad PR. ✅ 4. Overlooking corporate tax compliance Since the UAE corporate tax rollout, failure to prepare has hit many businesses with heavy fines. ✅ 5. No data protection policies Companies mishandling customer data now risk massive penalties under UAE’s Data Protection Law. ✅ 6. Misclassifying employees as contractors This mistake led to lawsuits and back payments in several cases I’ve advised on. ✅ 7. Neglecting legal updates UAE laws evolve fast. Missing critical updates has left some businesses non-compliant overnight. ✅ 8. Weak shareholder agreements I saw a startup collapse because of unclear exit terms between partners. ✅ 9. Skipping due diligence in mergers A company acquired hidden liabilities because they rushed the deal without legal audits. ✅ 10. Poor record-keeping Failing to maintain proper documentation caused a client to lose their case in court. 💡 Lesson? Small legal oversights often lead to big financial pain. 🔁 Share this to help others avoid these mistakes. ➕ Follow me for more practical legal insights from 16 years in UAE law. #UAE #Law #Business #Dubai #AbuDhabi #CorporateLaw #Compliance

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We are proud to feature UAE dispute resolution lawyer Merline Dsouza. In this interview with Global Arbitration Review Academy, she shares her journey in international arbitration, key lessons from the GAR Academy’s Construction Arbitration course, and practical advice for emerging practitioners. A quick and insightful read for anyone in arbitration or cross-border disputes. 🔗 Read the interview: https://lnkd.in/gjcR2kBU #GARAcademy #Arbitration #DisputeResolution #UAE #LegalProfession #CareerGrowth

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https://lnkd.in/dE8s4ESC Excellent article by my colleague Oliver A. on a topic on which I spoke at Institute of International Finance some years ago and remains largely unresolved.

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From courtroom pressure and site experience to AI, delay analysis, and the Middle East disputes scene, Partner Richard Edwin joins Julianne Torrentino, Editor at Construction Week, to discuss what clients, lawyers, and arbitrators truly expect and what the role demands behind the scenes. Discover Richard’s role at HKA, his deep expertise in the Middle East, and insights on Arbitration, serving as an Independent Expert Witness, and the key challenges clients face in today’s construction landscape. Learn about his professional journey, the lessons he’s learned along the way, his passion for delivering clarity in complex disputes, and the characteristics he values most in the next generation of construction professionals. Listen now and gain valuable perspectives from one of the industry’s leading experts: https://lnkd.in/ekJebfwT #HKAExperts #ConstructionVoicesPodcast #ConstructionDisputes #EMEA #MiddleEast #ExpertWitness #Arbitration

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Hourani & Partners Adds Daniel Xu (徐永吉) As Partner In Dispute Resolution In Dubai The leading Middle East law firm with a global presence, Hourani appoints Daniel Xu as Partner in Dispute Resolution, strengthening arbitration and construction disputes in Dubai. Link to read full News: https://lnkd.in/gCkRmnfU #LegalEra #LegalUpdates #Hourani #DisputeResolution #Arbitration #Dubai #ConstructionLaw

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“Trump is an excellent negotiator.” I said this right after a deeply technical session during Musaliha International Center for Arbitration & Dispute Resolution (MICADR) 40-hour IMI-accredited Mediation Skills Training — and the room fell silent. Not a single hand went up. Our lead trainer, Sohail Khoja had just delivered a masterclass on negotiation techniques — the real substance of what mediators must internalize: • Anchoring: the first bold move that reframes the entire conversation. • BATNA and WATNA: understanding your Best and Worst Alternatives to a Negotiated Agreement. • ZOPA: the Zone of Possible Agreement, where resolution actually happens. That’s when I posed the question. “How many of you think Trump is an excellent negotiator?” Dead silence. So I leaned in: “Here’s why he is.” Remember when Trump announced tariffs up to 200%? The world thought he was crazy. But whether we like his politics or not, what he did was classic, strategic use of the negotiation toolkit. • That 200% announcement? A textbook anchor. • Countries like China signaled they were exploring other trade routes — a clear indication they had analyzed their BATNA. • The collective global anxiety about economic fallout? That’s WATNA in motion. • And the final outcome? No country actually faced a 200% tariff. The final settlements landed well within the ZOPA — and squarely in America’s favor. This wasn’t mediation. But it’s exactly the kind of negotiation every skilled mediator needs to master. Because while mediators don’t take sides, they must navigate and understand the psychology of power, timing, and persuasion — just like the best negotiators do. At MICADR, we don’t just teach mediation theory — we build negotiation fluency. We train mediators to recognize anchors, map alternatives, and guide parties toward outcomes that actually hold. That’s why I love asking provocative questions. Because good mediators don’t just resolve conflict — they decode what’s happening beneath the surface. And sometimes that means learning negotiation… from a story that begins: “Trump is an excellent negotiator.” #mediation #negotiation #mediationtraining #MICADR #conflictresolution

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Finality in GCC arbitration isn’t just a matter of what a tribunal decides, but how national courts translate those decisions into enforceable outcomes. Recent updates in the UAE and Saudi Arabia show a clear shift toward faster execution, narrower grounds for challenge, and more consistent judicial support. The region’s courts are no longer viewed as a hurdle to finality but as an essential part of delivering it, a trend that’s reshaping how cross-border disputes are managed across the Gulf. Read the full insight prepared by Alia Meshref: https://lnkd.in/dw3RXS56 #QuwaLegal #GCCArbitration #EnforcementTrends #DisputeResolutionInsights

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In a recent ruling, the Abu Dhabi Court of Cassation confirmed that an arbitration agreement in a main construction contract can extend to parties to related agreements. This may change how dispute resolution clauses are structured. Read more: https://ow.ly/VwAT50XFN0X

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