Nicola Jackson

DIFC Courts Cases

• Credit Suisse (Switzerland) Ltd v Goel (CFI-066-2020, CA-008-2020, CFI-083-2020, CA-002-2021): Successfully obtaining a worldwide freezing order for Credit Suisse against four personal guarantors in relation to a claim for a debt of over US$90 million owed by Gulf Petrochem FZC and its global subsidiaries and subsequently, a judgment for over US$93 million. This involved successfully defending a jurisdiction challenge and was first opt-in case under Article 5(A)(2) of the Judicial Authority Law. 
• Credit Europe Bank (Dubai) Ltd v NMC Healthcare LLC, New Medical Centre Trading LLC and BR Shetty (CFI-031-2020, CFI-036-2020): Successfully obtaining a worldwide freezing order for Credit Europe against BR Shetty in relation to a claim for a debt of over US$9 million owed by NMC Healthcare LLC and its subsidiary and subsequently, a judgment for over US$9 million. This case was one of the first against BR Shetty and was dubbed ‘the one to watch’.  
• American International Group UK Limited, Markel Syndicate Management Limited, Talbot Underwriting Limited and Berkshire Hathaway International Insurance Ltd v Qatar Insurance Company Limited (CFI-003-2022): Successfully defending a jurisdiction challenge under Article 5(A)(1) of the Judicial Authority Law and acting on an ongoing claim for declaratory relief.
• Union Insurance Company PJSC vs International Precious Metals Refiners LLC (CFI-064-2022): Acting on a jurisdiction challenge relevant to Article 5(A)(2) of the Judicial Authority Law and on an ongoing claim for declaratory relief.
• Ilyas Gaffar Saboowala v Soman Kuniyath Kunjunni Nair and Others (CFI-037-2017): Successfully negotiating a settlement prior to the hearing in relation to a complex matter involving issues regarding specific performance and triple damages under DIFC law. 
• NS Investments Limited v Ajay Sethi (CFI-055-2020): Acting on a matter that involved issues of procedural importance relating to default judgments and service under the DIFC Courts Rules. 
• KPMG LLP v The Dubai Financial Services Authority (CFI-008-2022) and Milind Ajit Navalkar v The Dubai Financial Services Authority (CFI-007-2022): Acted for KPMG on the appeal of a privacy and non-publication decision of the FMT in relation to a Decision Notice issued in relation to Abraaj.  

ADGM Courts Cases

• Credit Europe Bank (Dubai) Ltd v Bavaguthu Raghuram Shetty (CFI-2021-078): Successfully obtaining an Order for the recognition and enforcement of a DIFC Courts Judgment for over US$9 million, including obtaining charging orders over shares in a number of companies domiciled in the ADGM. 

Confidential matter (DIFC): Successfully obtaining a document production order for a UK liquidator against a third party in the DIFC Courts pursuant to Norwich Pharmacal / Bankers Trust principles and subsequently enforcing the order against the opponent in onshore Dubai.

Confidential matter (DIFC): Advising a DIFC Court-appointed receiver on the admissibility of a claim for payment.  

Confidential matter (DIFC): Advising a DIFC Court-appointed receiver on matters related to an affidavit filed in proceedings in Cyprus.

The International Banking Corporation (Bahrain/Saudi/France/Cayman): Acted for the Central Bank of Bahrain on the appointment of Trowers & Hamlins LLP as external administrator of TIBC in Bahrain. This matter involved a wide range of litigation across various jurisdictions, including:

• US$1.575 billion claim brought by TIBC against Ahmad Hamad Algosaibi & Brothers (AHAB) in the Bahrain Chamber for Dispute Resolution (BCDR) for the recovery of loan monies advanced by TIBC to Saudi Arabian borrowers through AHAB’s Money Exchange Branch;
• enforcement of the US$1.575 billion BCDR judgment before The Joint Directorate of Enforcement at the General Court in Al Khobar (JDEK);
• US$223.5 million claim brought by TIBC against AHAB in the BCDR involving the utilisation of a special purpose vehicle incorporated in The Cayman Islands;
• US$730 million claim brought by TIBC against AHAB in the SAMA Committee in Saudi Arabia for the recovery of funds due as a result of failed FX trades;
• US$428 million claim against AHAB in relation to shares held in companies listed on the Saudi Arabian stock exchange;
• US$1.1 billion claim brought by AHAB in the General Court in Al Khobar;
• a claim brought by Banque BIA in the Commercial Court and Court of Appeal in Paris; and 
• an application for disclosure filed with the Court of Grand Cayman in the AHAB / Saad litigation.
   

• FMT Proceedings: Acted for EY on Arqaam (2011/2012).
• FMT Proceedings: Acted for KPMG on Abraaj (2021/2022). 
• LCIA Arbitrations: Acted on a US$23 million shareholder dispute between the UAE-based private equity arm of an international bank and a Bahraini company (London seat).
• ICC Arbitrations: Acted for a private equity institution and placement agent in dispute with its former client involving allegations of breach of the terms of a letter of engagement governed by UAE law (UAE seat); acted for a UAE LLC in dispute with a former client involving challenges to jurisdiction, powers of attorney and signature validity and a defence of collusion (UAE seat). 
• Oman Arbitration Act (Oman): Acted on a US$80 million dispute between a Middle East-based telecoms regulator and one of its operators.
• GCC Commercial Arbitration Centre (Bahrain): Acted on a US$5 million dispute over a technical licence agreement between the client and a Saudi Arabian licensee (Bahrain/Saudi seat).
   

General advisory experience

• Advising (along with foreign counsel where necessary) on the enforcement of DIFC Courts’ judgments in jurisdictions including onshore UAE (Dubai, Abu Dhabi, Ras Al Khaimah, Ajman, Sharjah), the ADGM, England & Wales, BVI, New York and India.
• Advising (along with foreign counsel where necessary) on the enforcement of DIFC Courts’ Worldwide Freezing and Provision of Information Orders in Dubai and beyond, including in onshore UAE, the ADGM, England & Wales, BVI and India. 
• Advising on applying for an anti-suit injunction in the DIFC Courts in the context of parallel proceedings brought in the onshore Dubai Courts.  
• Advising on the enforceability of DIFC Courts’ orders for contempt of court within Dubai and the UAE. 
• Advising on the enforceability of DIFC Courts’ judgments in the UAE generally and in respect to matters relating to trademarks.
• Acting for a respondent domiciled in Sharjah on a matter before the Supreme Court of New York relating to the alleged payment of bribes to employees of the claimant and providing a legal opinion. 
• Acting on attachment proceedings over goods detained at Jebel Ali Port for an international bank.
• Advising on regulatory matters in the DIFC and representing clients further to information requests / investigations by the DFSA. 
• Advising on mis-selling type claims against financial services companies domiciled in the UAE.