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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Thought Leadership

Appointments

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

Publications

• Schmitthoff, the Law and Practice of International Trade (Co-author of 11^th and 12^th Editions) (Sweet & Maxwell, London)
• General Editor, International Arbitration Law Review (Sweet & Maxwell)
• DIFC Court Practice. Book Chapter in 2nd edition to the guide. (Edward Elgar, eds. Rupert Reed QC and Tom Montagu Smith QC forthcoming 2023)
• The Cambridge Research Compendium of International Arbitration. Book Chapter, “State Control of Arbitration by National Courts” (Forthcoming 2023, editors Ferrari, Bjorklund, Kroell).
• Research Handbook on Unilateral Economic. Sanctions (ed. Prof. Charlotte Beaucillon). Book chapter, “Unilateral Economic Sanctions in International Arbitration- Procedural and Substantive issues” (with Prof. Eric de Brabandere); Edward Elgar. September 2021.
• Research Handbook on Sanctions and International Law (ed. van den Herik). Book chapter, “The impact of International Economic Sanctions in International Arbitration” (with Prof. Eric de Brabandere); Edward Elgar. July 2017- Chapter 14.
• “One Belt One Road One Dispute Resolution clause”, book chapter with Michael Hwang SC in “China and Dispute Resolution in the context of the BRI” (Cambridge University Press 2021, eds Shan, Su et al). Published also in Michael Hwang SC: “Collected essays in Dispute Resolution, December 2018”.
• The New Chinese International Commercial Court and the Future of Dispute Resolution in the Belt and Road Initiative. 20188:Vindabona Journal of International Commercial Law and Arbitration (2018) 22 VJ (2) pp. 96-125. This research was also published in the book, Dispute Resolution in China, Europe and the World (Springer 2020, Chapter 3).
• Retour sur la comity: les origines de la comity au carrefour du droit international privé et du droit international public(Journal du droit international (Clunet), with Thomas Schultz, December 2011 Volume 3 pp.863-886).
• Retour sur la comity: la comity dans l’histoire du droit international privé (Journal du droit international (Clunet) with Thomas Schultz, March 2012 Volume 1 pp. 572-595).

Recent Experience

• Ongoing family wealth dispute, involving London arbitration and ancillary DIFC Court proceedings in a dispute over the ownership of companies valued at over US$600million.
• Ongoing DIFC Enforcement proceedings in relation to a non DIFC judgment, involving freezing orders the appointment of receivers and international enforcement issues.
• JTrust Asia Pte Ltd v Konoshito and others [DIFC- CFI-034- 2023]

Successfully represented J Trust in DIFC court proceedings arising out of a complex muti jurisdictional fraud (a USD 210 million investment fraud / conspiracy dispute involving multiple parties/ cross-border litigation)

Successfully obtained enforcement orders in the DIFC Court of judgments of the Singapore and BVI Courts amounting to more than US$124 million. Represented the J Trust in contested enforcement proceedings and contested applications for interim relief. Worked with colleagues from Dubai to ensure a coordinated approach between the client’s UAE representation and its legal representation in various other jurisdictions.

• Kirtanlal International DMCC v State Bank of India and others [DIFC- CFI- 041-2022]

Successfully represented the State Bank of India in resisting claims for more than US$18m following the non-renewal of a facility agreement.

Represented the Bank in proceedings before the DIFC Court culminating in a 5-day trial in the DIFC Court. The case involved 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.

• Credit Suisse and Others v Emirates Hospitals Group:

Represented 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 involved a reference to the UAE Union Supreme Court to resolve an alleged conflict of jurisdiction and one of the first considerations of the UNCITRAL Model Law on Cross Border Insolvency in the DIFC Courts. (2022)

• DIFC/ LCIA Oil Trading Arbitration and related Court Proceedings (2020/21):

Successfully represented a major international oil trading company in recovering US$25 million of fuel oil product which was subject to a number of competing claims. The case involved issues of fraud. Successfully obtained two world wide freezing orders from the DIFC Court against various parties. Successfully represented the client in DIFC/LCIA arbitration proceedings and in parallel proceedings in the DIFC Courts against related parties. The case also involved a reference to the Joint Judicial Committee to resolve alleged conflicts of jurisdiction. (2021)

• FAL Oil v Sharjah Electricity and Water Authority (SEWA):

Successfully represented an international energy company in enforcing in the DIFC Courts an unsatisfied judgment from the Sharjah Courts for over US$300 million. Sole 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 Court of First Instance 2021)

• UNCITRAL Arbitration:

Advising an investor in a dispute arising out of the cancellation of a power concession. Claims and counterclaims valued at over US$1bn. (2022)

• LCIA Arbitration:

Appointed by the LCIA as co-arbitrator in 3 consolidated commodities arbitrations

involving Chinese and European parties (2022)

• LME Commodities Arbitration:

Represented a Chinese party in LME proceedings arising out of a large warehousing fraud in China. Claims valued at around US$10million. (2021/2022)

• Deciding a challenge to an arbitrator under the THAC rules:

Was appointed to the committee to decide the first challenge to an arbitrator under the THAC rules. (2022)

• KBC Aldini Capital Ltd v. (1) David Baazov (2) Canaccord Genuity Corp (DIFC Court of First Instance 2020):

Successfully represented a finance house in defending DIFC proceedings relating to

equity commitment letters filed in support of a bid to acquire a global internet gaming company. (Claims valued at US$50 million. Instructed by Allen & Overy LLP).