Panel Discussion – Navigating Multiparty and Cross Border Disputes in Mega Project Arbitration

The objective of the Panel Discussion is to provide a perspective on legal complexities surrounding multiparty contracts; legal and procedural issues related to joinder of parties; application of the group of companies doctrine; issues arising from consolidation of claims; cross-border challenges in jurisdiction; obstacles and strategies in the recognition and enforcement of arbitral awards across different jurisdictions; and potential reforms in arbitration frameworks to address the unique needs of mega infrastructure and construction projects.

The esteemed panel includes Justice Sanjeev Khanna (Former Chief Justice of the Supreme Court of India), Mr. Essam Al Tamimi (Chairman at Al Tamimi & Company), Mr. Mukul Rohatgi (Former Attorney General of India), Ms. Anne K. Hoffmann (International Arbitrator, Hoffmann Arbitrations), Ms. Soraya Corm-Bakhos (International Arbitrator, Corm-Bakhos FZ LLE), and Mr. Mahesh Agarwal (Managing Partner, Agarwal Law Associates, New Delhi, India).

Arbitration and Global Cooperation in the Era of Change: A Strategic Session with the Heroes of Soft Law

An event within Dubai Arbitration Week 2025 dedicated to the launch of the Almanac Soft Law / International Issue 2025-26. The only one independent media project where law, business, art and lifestyle come together.

This Almanac (which is an Arabic word in its roots) brings together distinguished voices from across the international arbitration community, featuring in-depth interviews and profiles of leading practitioners, academics, and institutional leaders. The Almanac has become a recognized platform for highlighting ideas, values, and personal perspectives that shape the development of arbitration in different jurisdictions.

The event will highlight the growing role of international cooperation and the essential need for non-stop dialog in every sphere from law and business to art and sport. Since law cannot be separated from economic and cultural environment, better legal solutions occur at the junction of disciplines. That is what we do in Soft Law.

The Impact of Russian Cases on Assets and Proceedings in MENA and Western Countries

Recently, Russian courts have passed down more than five hundred judgments in favor of Russian sanctioned persons against many large international companies and banks for billions of US dollars. These judgments vary in quantum, and a fair amount of them are quite significant (e.g., RusChemAlliance claim against Linde exceeds USD 2 billion). These judgments may represent a considerable threat to the judgment-debtors. Many of such debtors still have assets/affiliates in Russia. But they may pose even bigger threat for international companies if Russian judgment creditors start their attempts to enforce these judgments in other jurisdictions where such companies have significant assets or operations, such as the UAE and GCC region.

You have learnt that you are a defendant in Russian proceedings notwithstanding your respective DR clause. What will you do?

We will discuss the three basic approaches:

  • Ignore it
  • Just challenge jurisdiction
  • Employ a full-scale litigation,

and the factors to be taken into account to choose the right approach, e.g.:

  • Chance to win
  • Obligations before the third parties (e.g. insurance companies)
  • Availability of investment arbitration vs Russia / need to create the track record of attempts to get access to justice in Russia
  • Assets / affiliates in Russia
  • Bankruptcy in Russia and its implications for the business outside of Russia
  • Parallel proceedings in different jurisdictions and starting arbitration proceedings
  • Anti-suit and anti-enforcement injunctions – benefits and perils of the “war of injunctions” and remedies available in the UAE courts
  • Enforcement of Russian judgments in the UAE

Link to the online broadcast: https://youtube.com/live/8GPY18E-lGQ?feature=share 

Cross-Border Enforcement Challenges in the GCC and Beyond

The recognition and enforcement of foreign arbitral awards in the GCC and broader MENA region continue to be shaped by evolving court interpretations and procedural frameworks. Recent high-profile decisions in the UAE and KSA have underscored both progress and persisting complexities. This session will explore:

  • The legal frameworks governing enforcement in key jurisdictions
  • Recent case law and its practical implications
  • Divergences and commonalities between GCC jurisdictions
  • Practical tips for drafting arbitration agreements with enforcement in mind
  • Perspectives from practitioners with hands-on experience in navigating multi-jurisdictional enforcement

Build or Break: Arbitrating Infrastructure with Money at Stake

As global capital continues to power infrastructure and construction projects across the Middle East and beyond, the disputes that follow are no longer just about defects, delays, or design flaws. They increasingly sit at the intersection of complex financing structures, sponsor-driven risk allocation, and high-stakes joint ventures — all underpinned by arbitration clauses intended to offer certainty across jurisdictions.

This AAA-ICDR panel brings together construction sector general counsel, private equity dealmakers, and arbitration experts to examine how today’s cross-border disputes are shaped as much by capital strategy as by contract performance. From fund-backed EPC arrangements and indemnity chains to multi-contract disputes and investor-state overlays, the session will explore how arbitration institutions and tribunals are adapting to a rapidly shifting landscape — and what users still want done better.

Key Discussion Points:

  • What’s changing in construction disputes: new claimants, new structures, new forums
  • How private equity ownership reshapes arbitration posture, evidence, and risk appetite
  • ICDR insights into the international dispute resolution process
  • What general counsel and funders really want from arbitrators and institutions
  • Participants will leave with a clearer understanding of how dispute resolution strategy must evolve in capital-intensive infrastructure environments, and how the AAA-ICDR’s rules and practice can support effective outcomes in a high-value, multi-party context.

The three Cs for Avoiding and Resolving Construction Claims on Disputes Regarding GigaProjects: Communication, Collaboration, and Commitment

Light breakfast/refreshments followed by a moderator and four-person panel to discuss how effective and timely communication from project team members during the conceptual design phases can minimize future claims, how collaboration between multidisciplinary teams can avoid costly rework, and how commitment to leveraging expert consultants early in the project can mitigate costly claims at project completion.

International Arbitration: Effective Strategies in 2025

In an era of shifting geopolitical and economic dynamics, international arbitration is entering a new phase of strategic transformation. The session will focus on the development of arbitration centers within the BRICS+ region, legal interoperability, and the prospects for a unified arbitration framework. Experts will also discuss whether a return to European arbitration centers is likely as global economic ties are restored. Representatives of leading arbitration institutions in BRICS+ countries, international lawyers, and representatives of companies’ legal departments will discuss the most pressing issues of dispute resolution in arbitration institutions in the East and Asia.