David Holloway

Biography

David is a partner in our international disputes team and leads the firm’s advocacy unit. He appears as partner and lead counsel in complex commercial cases (both in the common law courts and in international arbitration). David’s current practice involves litigation and arbitration cases across a number of sectors, including banking and finance, joint ventures, family wealth disputes, disputes in the defence and security industries, and commercial and trading cases, including maritime and commodities disputes. He is also involved in significant cross-border fraud and asset tracing cases.

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Current/ Recent Instructions

T v A (current)

Instructed in a large international fraud case involving the alleged misappropriation of the reserves of a bitcoin trading company (US$ 500 million). Lead counsel in DIFC proceedings (among the first heard in the Digital Economy Court). Working with overseas counsel in coordinating international proceedings. [DEC-001-2025]

Maritime Dispute (as Mediator)

Appointed as mediator to resolve a long-running dispute between a UAE and KSA shipping companies. The claims were valued at around US$ 30 million and concerned the termination of a joint venture, and the resulting responsibilities under a number of long-term charterparties.

QFC Financial Services Regulatory Investigation

Representing a leading multinational consulting group in the context of a regulatory investigation by the QFCRA.

Al Nasser / Al Maadeed v Nexus Financial Services WL

Instructed by the Defendant company in two related claims in the QFC Commercial Court. Lead counsel in both claims at trial and successfully defended claims against the client for over US$ 10 million in relation to alleged breaches of contract and of the QFC regulatory provisions in relation to the marketing of investments. [[2025] QIC (F) 15 and 16]

ICC Arbitration (current)

Lead counsel for an Indian Plc in dispute with a GCC company arising out of a Joint Venture in the construction industry (value c.US$ 50 million).

Hotel Management Dispute 2024

Representing an international luxury hotel chain in a dispute arising out the termination of a joint venture for the management of hotels in KSA. Lead counsel in the mediation procedure.

GAFTA Arbitration 2024

Successfully acted for a Swiss Trading Company as lead counsel in a dispute with a UAE company. Award obtained in dispute relating to a sale contract for soybeans.

Ongoing Large Family Wealth Dispute [LCIA Trusts Arbitration]

Instructed by one of the largest family businesses in the MENA region. LCIA London arbitration and ancillary DIFC Court proceedings in a dispute over the ownership of companies valued at over US$ 600 million. Lead partner and lead counsel in the DIFC proceedings (interim relief), counsel (with Andrew Hunter KC) in the LCIA proceedings. [DIFC ARB 011 2023/ LCIA Arbitration No: 235929]

GTC Trading SA v HMR and others

Instructed by an international trading company in enforcement and asset tracing claims involving freezing orders, the appointment of receivers, and international enforcement issues (including the relationship between the DIFC Court and wider UAE Courts in enforcement and execution matters and proceedings for contempt of court). Lead partner and lead counsel in the DIFC proceedings. [DIFC CFI-046-2023/ ENF 022-024/2023]

Ongoing Oil Trading Case (Venezuelan Oil)

Instructed by an international trading in relation to a large oil trading dispute involving a sale of Venezuelan oil and a related series of transactions. Lead counsel on urgent freezing order applications involving the jurisdiction of the DIFC Court to make orders in support of arbitration proceedings. [DIFC -ARB- 006-2024]

JTrust Asia Pte Ltd v Konoshito and others

Instructed by an Asian investment trust in DIFC court proceedings arising out of a complex multi-jurisdictional fraud (a US$ 210 million investment fraud/conspiracy dispute involving multiple parties/cross-border litigation). Lead partner and lead counsel in the DIFC proceedings. Successfully obtained enforcement orders in the DIFC Court of judgments of the Singapore and BVI Courts, amounting to more than US$ 124 million. Worked with colleagues from Dubai and co-counsel in Hong Kong, Singapore, and Thailand to ensure a coordinated approach between the client’s UAE representation and various other jurisdictions. [DIFC- CFI-034- 2023]

Kirtanlal International DMCC v State Bank of India and others

Instructed by the State Bank of India in resisting claims for more than US$ 18 million following the non-renewal of a facility agreement. Lead partner and lead counsel representing the Bank in successfully defending proceedings before the DIFC Court, culminating in a 5-day trial in the DIFC Court. The case involved the construction of the terms of the facility agreement and also issues of DIFC contract law, the law of obligations, and regulatory law, as well as issues of damages. [DIFC- CFI- 041-2022]

LCIA Commodities Arbitrations (as Arbitrator)

Appointed by LCIA as co-arbitrator in 3 consolidated commodities disputes between Chinese and European parties. Award issued in 2024. [LCIA Consolidated Arbitration 225462]

UNCITRAL Arbitration

Instructed as counsel (whilst at the independent bar) to advise on an UNCITRAL arbitration arising out of the cancellation of a power concession. Claims and counterclaims valued at over US$ 1 billion.

THAC Arbitrator Challenge Decision (2022)

Appointed as part of a panel of the THAC arbitrator committee to decide the first ever challenge to an arbitrator under the rules of the Thailand Arbitration Centre (THAC). The challenge arose in the context of a dispute on arbitral claims valued at c.US$ 1 billion and involved questions of issue conflicts and multiple appointments in the energy sector.

FAL Oil v Sharjah Electricity and Water Authority (SEWA) (DIFC Court of First Instance 2021)

Successfully represented an international energy company in enforcing in the DIFC Courts an unsatisfied judgment from the Sharjah Courts for over US$ 300 million. Lead counsel in contested enforcement proceedings against a UAE public utility company. The case is a leading authority of DIFC Law on issues of state immunity, international jurisdiction and enforcement, and the inter-Emirate enforcement of judgments. [DIFC-ENF-221-2019]

Credit Suisse and others v Emirates Hospitals Group and others

Representing an international banking syndicate in claims against borrowers, personal and corporate guarantors for US$ 304 million. The claims involve issues of jurisdiction, insolvency, and the interaction of Dubai and DIFC law. This case also involves jurisdictional challenges and parallel proceedings, including a reference to the UAE Union Supreme Court to resolve an alleged conflict of jurisdiction. [DIFC -CFI-060-2020]

Thought Leadership

Appointments

• Appointed to the COMBAR working group on the reform of the English Arbitration Act 1996.
• Appointed to the DIFC working group on Maritime Law
• Fellow of the Chartered Institute of Arbitrators (FCIArb)
• Panel appointments with various arbitral institutions
• Tribunal Member, Hong Kong Board of Review (Inland Revenue) – Tax Appeals

Publications

• International Arbitration Law Review (Sweet & Maxwell) – General Editor (1998-present)
• Schmitthoff: The Law and Practice of International Trade (Sweet & Maxwell) – Co-author of 11th Edition 2007, 12th Edition 2012; Commissioned as General Editor for the 13th Edition (in progress)
• DIFC Court Practice – Contributing author, 2nd edition of the (“blue book”) (Edward Elgar, eds. Rupert Reed KC and Tom Montagu Smith KC). submitted for publication in 2024.
• The Cambridge Research Compendium of International Arbitration – Chapter: State Control of Arbitration by National Courts (Cambridge University Press, 2023; eds Ferrari, Bjorklund, Kroell)
• China and Dispute Resolution in the Context of the BRI – Chapter: One Belt One Road One Dispute Resolution Clause (with Michael Hwang SC, Cambridge University Press, 2021; eds. Shan, Su et al); also published in Collected Essays in Dispute Resolution (Michael Hwang SC, 2018)
• Vindobona Journal of International Commercial Law and Arbitration, Vol. 22(2), 2018, pp. 96–125 – The New Chinese International Commercial Court and the Future of Dispute Resolution in the Belt and Road Initiative; republished in Dispute Resolution in China, Europe and the World (Springer, 2020), Chapter 3
• Research Handbook on Unilateral Economic Sanctions (Edward Elgar, 2021; ed. Prof. Charlotte Beaucillon) – Chapter: Unilateral Economic Sanctions in International Arbitration – Procedural and Substantive Issues (with Prof. Eric de Brabandere, Leiden University)
• Research Handbook on Sanctions and International Law (Edward Elgar, 2017; ed. Larissa van den Herik) – Chapter: The Impact of International Economic Sanctions in International Arbitration (with Prof. Eric de Brabandere), Chapter 14
• Strengthening Hong Kong’s Position as an Arbitration Hub under the Belt and Road Initiative – Policy Paper No. 8, Research Centre for Sustainable Hong Kong (CSHK); also published in International Arbitration Law Review 2018(4), p. 106 (with Prof. Lin Feng) http://www.cityu.edu.hk/cshk/p_papers.html
• Oxford Journal of International Dispute Settlement (2011, Vol. 2, pp. 435–457) – Avoiding Duplicative Litigation about Arbitral Awards within the EU
• Journal du droit international (Clunet) – Retour sur la comity: les origines de la comity au carrefour du droit international privé et du droit international public (Dec. 2011, Vol. 3, pp. 863–886, with Thomas Schultz)
• Journal du droit international (Clunet) – Retour sur la comity: la comity dans l’histoire du droit international privé (March 2012, Vol. 1, pp. 572–595, with Thomas Schultz)