Damian Wright

Biography

Damian is a Senior Associate based in the DIFC and working in the International Litigation Group, our specialist common law litigation team. Prior to joining Al Tamimi, Damian was a Partner in the dispute resolution team at one of Africa’s leading law firms. He also spent time at a global law firm in London, as a Managing Associate in the dispute resolution and arbitration team.

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Thought Leadership

• Damian is a member of Al Tamimi & Company’s African Working Committee.
• Damian was a speaker at the FIRE Middle East Thought4 Leaders panel discussion on Enforcing Judgments and Interim Relief in the UAE and Middle East that took place during Dubai Arbitration Week in 2022.

Recent Experience

• Represented a multi-national company in a precedent setting case representing the first decision of the DIFC Court to consider the DIFC Court’s jurisdiction to enforce a matter in the DIFC where the parties had agreed to an exclusive jurisdiction clause in favour of the Lebanese Courts on the grounds that a party would not obtain justice in the agreed forum.
• Acted in several matters to obtain in a worldwide freezing order, freezing assets located in DIFC, UAE, and various jurisdictions around the world.
• Represented a multibillion-dollar investment fund as lender in enforcing various securities provided in respect of finance agreements, including an application to set aside the winding-up of the borrower, and entities within its group of companies on the basis that the winding-up was done for an ulterior purpose and to defeat the rights of the security holders.
• Represented the liquidators of the Small and Medium Enterprises Bank of Namibia (SME Bank) in a colossal cross border fraud on the part of SME Bank perpetrated by the SME Bank’s top-level management from which hundreds of millions of Namibian Dollars were siphoned from SME Bank to various entities in Namibia, South Africa and Zimbabwe.
• Represented a global asset management company in arbitration proceedings relating to damages arising from an alleged unlawful termination of a billion Dollar agreement, in terms of which fund administrative services were to be provided.
• Represented Comair Limited (Comair), operator of British Airways and Kulula.com in South Africa against the national carrier in South Africa, South African Airways, in a groundbreaking matter in the Supreme Court of Appeal in South Africa. This concluded a myriad of proceedings in the Competition Tribunal, Competition Appeal Court and High Court (all in South Africa) and which took several years to prosecute.  At the time, it was only the second successful follow-on damages claim brought pursuant to a breach of the South African Competition Act.
• Represented a global asset management company in cross-border arbitration proceedings relating to damages arising from the alleged unlawful termination of an agreement, in terms of which financial fund administrative services were to be provided. This dispute involved complex matters pertaining to the quantification of damages arising from the repudiation of administration services agreement.
• Acted for a private investment company in arbitration proceedings relating to disputes arising from a suite of agreements concluded between the private investment company and several multi-national investment corporations. The dispute related, among other things, to alleged breach of warranties, and the capitalisation of certain costs in annual financial statements.
• Acted for an international mining company in relation to a dispute arising from the repudiation of an agreement concluded with mining conglomerate, which pertained to the supply of bulk explosives and blasting accessories, and blasting and associated technical services.
• Successfully defended a global financial institution in regard to a disputed trigger event arising from an alleged change in ultimate control, which in terms of certain agreements, caused an irrevocable deemed offer for the sale of shares in a multibillion Dollar solar energy project.
• Represented an international audit firm in relation to an investigation commissioned by the South African Prudential Authority, in terms of the South African Financial Sector Act, into alleged irregular reporting and manipulation of financial information by the audit company in performing certain internal audit functions.
• Successfully acted for a global investment bank in relation to proceedings to enforce various securities to recover monies lent and advanced in terms of various facility agreements, due to a failure by the borrower to meet a number of margin calls.
• Acted for shareholders (majority and minority) in regard to a variety of shareholder and company law related disputes. Have also acted for a number of entities in a variety of sectors in relation to broad-ranging general corporate and commercial contractual disputes. These sections include, for example, financial services, real estate, construction, private equity and technology, media and telecommunications.
• Advised an international mining house in relation to international arbitration proceedings against the Government of the Republic of Guinea regarding the revocation of their bauxite exploration permits