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Nassif BouMalhab

Partner

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Nassif BouMalhab

Nassif BouMalhab

Partner

Profil complet

Nassif practises corporate and commercial litigation and arbitration with an emphasis on shareholder, agency, management, distribution, banking, finance and real estate disputes, and financial crimes.

Nassif represents a wide range of businesses, including financial institutions and leading multinational companies in the leisure and hospitality, energy, transport and defence logistics sectors.

The Legal 500 ranked Nassif amongst eight leading individuals for dispute resolution in the United Arab Emirates and reported that he is "detail-oriented and extremely proactive".

Who's Who Legal Future Leaders - Arbitration 2017 recognises Nassif as a Future Leader in Arbitration globally amongst practitioners aged 45 and under. 

Who’s Who Legal says: Nassif BouMalhab draws effusive praise from peers, who commend his ability "to provide pragmatic advice aligned with commercial goals".

Nassif was listed amongst Asian-MENA Counsel's External Counsel of the Year 2013 for the United Arab Emirates as voted by the In-House Community, where in-house counsel is reported to have said "[Nassif] is the best arbitration lawyer".

In 2017, Nassif was selected as one of 12 members of the task force to advise the Sharjah International Commercial Arbitration Centre (Tahkeem) on the reform of its arbitration rules.  Nassif was subsequently appointed to the Executive Committee of the Sharjah International Commercial Arbitration Centre (Tahkeem).

Nassif has appeared as party counsel in over 35 international arbitration proceedings administered under a wide range of rules, including the AAA, DIAC, DIFC-LCIA, ICC, LCIA and UNCITRAL. He has been appointed as sole arbitrator or chairman of the tribunal in a number of DIAC and DIFC-LCIA proceedings.

Nassif is a Canadian national. He is fluent in English and French, and is Arabic speaking.

Other awards and distinctions earned by Nassif include:

  • Future Leader, Arbitration (Who's Who Legal Future Leaders - Arbitration 2017)
  • Leading Individual, Dispute Resolution, UAE (The Legal 500)
  • External Counsel of the Year 2013, UAE (Asian-MENA Counsel)
  • Mark MacGuigan Award and McCarthy Tetrault Award for placing first at the Laskin Moot, a national mooting competition in Canadian constitutional and administrative law
  • POLAJ Prize awarded by the Department of Justice Canada for excellence in written and oral expression in both official languages (French and English)
  • Fraser Milner Casgrain Award for excellence in oral pleading
  • Gowling Lafleur Henderson Award for a paper on the jurisdiction of the World Trade Organisation (WTO) Appellate Body in international trade regulation
  • Stikeman Elliott / Carswell National Tax Award
  • Gaston Descoteaux Award for labour and employment law
  • Member of the academic community invited by the Supreme Court of Canada to participate in the Symposium Commemorating the Court's 125th Anniversary

Registrations and memberships include:

  • Member of the International Council for Commercial Arbitration (ICCA) - 2019
  • Member of the Executive Committee of the Sharjah International Commercial Arbitration Centre (Tahkeem) - 2017
  • Registered Practitioner in the Dubai International Financial Centre (DIFC) Courts - 2012
  • Registered Foreign Lawyer with the Solicitors Regulation Authority (the regulatory body for solicitors in England and Wales) – 2012
  • Registered Legal Consultant with the Dubai Legal Affairs Department - 2011
  • Member of the Barreau du Québec (Québec Bar) - 2003
  • Member of the Canadian Bar Association - 2003
  • LL.B. (Common Law), with honour, University of Ottawa - 2002
  • LL.L. (Civil Law), with highest honour, University of Ottawa – 2001
Expérience
  • Representing investors in GTL Trading in connection with alleged financial crimes in excess of US$36 million
  • Representing a banking company listed on the Dubai Financial Market (DFM) stock exchange in real estate investment disputes in excess of US$500 million administered by the Dubai International Arbitration Centre (DIAC)
  • Co-counsel defending Canadian generic drug manufacturers in a CAD$3.9 billion class action claim before the Québec Courts (reported amongst the Big Deals in LEXPERT®, September 2008 edition; and in les affaires.com)
  • Representing a publicly listed steel company in precautionary attachment proceedings, freezing before judgment bank accounts, inventory and other assets in Dubai of a circa US$8 million trade debtor
  • Defending a leading Middle East insurance company in Dubai Court proceedings arising in connection with advance payment guarantee and performance bond claims in excess of US$40 million
  • Representing a multinational logistics company in connection with business crimes alleged to have been committed by a former Director
  • Representing one of the world's top 10 transport and logistics companies in connection with employee fraud in the United Arab Emirates and India
  • Advising one of the Big Four audit firms in connection with the alleged misconduct of a Managing Partner based in the Kingdom of Jordan
  • Defending one of the Big Four audit firms in connection with alleged liability claims before the Dubai Courts in connection with the audit of accounts of a business conglomerate based in the United Arab Emirates  
  • Representing a military defence company in connection with business crimes
  • Representing a fuels supplier to the United States of America Department of Defence, the United Kingdom Ministry of Defence, and the North Atlantic Treaty Organisation (NATO) in arbitration proceedings claiming in excess of US$64 million administered by the Dubai International Arbitration Centre (DIAC)
  • Representing a fuels supply and transportation company in claims in excess of US$85 million in connection with the termination of a transport services agreement providing for arbitration under the DIAC Arbitration Rules 2007
  • Defending a fuels supply and transportation company in arbitration claims in excess of US$35 million administered by the Dubai International Arbitration Centre (DIAC)
  • Representing a security management company in arbitration proceedings administered by the Dubai International Arbitration Centre (DIAC) against a provider of armed security services in areas of conflict, with claims in excess of US$180 million
  • Representing a fuels supplier in Afghan Chamber of Commerce & Industries (ACCI) administered mediation with a fuels transporter
  • Representing the former Managing Partner of the Kuwait office of a competing international law firm in his claims against the firm under partnership and joint venture agreements subject to arbitration administered by the London Court of International Arbitration (LCIA)
  • Advising a Qatari bank on an inter-banking dispute before the Abu Dhabi Courts arising in relation to back-to-back bank guarantees and other security for payment
  • Advising a leading publicly listed hospitality company in connection with disputes arising out of hotel management (and related) agreements and subject to arbitration administered by the International Court of Arbitration of the International Chamber of Commerce (ICC)
  • Defending a leading publicly listed hospitality company in connection with Dubai Court proceedings instituted by a sales and marketing representative for the Middle East claiming in excess of US$3.9 million
  • Defending a Japanese automobile manufacturer in proceedings before the Abu Dhabi Courts in connection with claims by a former registered sales agent  
  • Representing a property developer in arbitration claims arising out of the off-plan sale and purchase of real estate in Dubai and obtaining judgments of the Dubai Court of Cassation annulling several arbitration awards (reported in Emirates 24/7; featured in Westlaw Gulf Update No. 9; and The Brief, May 2012 edition)
  • Advising Zurich Insurance Company Ltd in connection with its acquisition of Compagnie Libanaise d'Assurances SAL (also known as Lebanese Insurance Company)
  • Representing a London Stock Exchange (LSE) listed provider of diversified engineering and contracting services in connection with a shareholder dispute in a United Arab Emirates subsidiary
  • Advising on a shareholder dispute in an insurance underwriting company established in the Dubai International Financial Centre (DIFC) and regulated by the Dubai Financial Services Authority (DFSA)
  • Advising on a shareholder dispute in the context of provisional liquidation proceedings before the Eastern Caribbean Supreme Court in the High Court of Justice Commercial Division of the British Virgin Islands
  • Assisting liquidators of a British Virgin Islands investment company in obtaining disclosure in Dubai of company records and bank statements further to a request for judicial assistance to the Dubai International Financial Centre (DIFC) Courts  
  • Defending a global petrochemical products company in Dubai Court proceedings arising out of the termination of agreements for the distribution of lubricants in Iraq
  • Defending one of Russia's largest oil companies before the Dubai Courts in a commercial dispute of US$79 million arising out of the alleged wrongful termination of a lease
  • Representing a reality show producer in Court administered mediation with a provider of defective video recording equipment
  • Advising a Middle East television network in connection with claims arising under a programme distribution agreement
  • Representing an aircraft owner in precautionary attachment proceedings, freezing bank accounts and repossessing an aircraft located at Dubai International Airport (DXB) operated by a defaulting lessee
  • Sitting as Arbitrator appointed by the Executive Committee of the Dubai International Arbitration Centre (DIAC) of the Dubai Chamber of Commerce & Industry and the DIFC-LCIA in a number of commercial and real estate disputes
  • Member of the Task Force advising the Sharjah International Commercial Arbitration Centre (Tahkeem) on the reform of its arbitration rules (2017)

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Expertise

Nassif is a barrister and solicitor, and a Partner in Clyde & Co's Middle East Dispute Resolution Group based in the Dubai office. He is the Lead Partner of Clyde & Co's Middle East Arbitration Group.

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