Damian is a dispute resolution specialist. His practice includes dispute resolution focused on corporate and commercial litigation. He has advised clients on a number of complex, high-profile disputes in both court and arbitration. He also has a wealth of experience in financial services disputes, corporate fraud and regulatory investigations, insolvency and business rescue related matters, and has provided litigation support in several forensic investigations. Damian has acted in DIFC jurisdictional disputes, and in several matters to have foreign awards recognised and enforced in the DIFC, and obtained orders to freeze assets located in DIFC, UAE and jurisdictions around the world.
Prior to relocating to the UAE, Damian was a Partner in the dispute resolution team at Webber Wentzel - one of Africa’s leading law firms. He also spent time at Linklaters in London, as a Managing Associate in the dispute resolution and arbitration team.
- Represented a multi-national company in a precedent setting case representing the first decision of the DIFC Courts to consider the DIFC Courts’ 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 worldwide freezing orders, 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 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.
- Successfully defended a global financial institution regarding 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.