Membership Category
Individual
Membership No.
0407
Commission
Arbitration and ADR
Faisal is a Partner at Pinsent Masons and heads up the Civil Law Dispute Resolution Practice for the MENA region. He has extensive experience in both litigating and arbitrating construction and commercial disputes across this region. He previously acted as a State Counsel for the Egyptian Government and represented Egypt in a number of international arbitral proceedings in respect of high-value investor-state disputes. He then worked in London and Kuwait before moving to Dubai in 2011.
Faisal has had conduct of over 3000 litigations across the MENA region including Egypt, Algeria, Syria, Kuwait, Iraq, KSA, Qatar as well as the UAE. In terms of arbitration, he has a great deal of experience of resolving construction and commercial disputes, especially under the auspices of the ICC, DIAC, ICSID, DIFC-LCIA, LICA, CRCICA, ADCCAC, LME, LMAA, as well as ad hoc UNCITRAL arbitration rules. He is also frequently acting as UAE law expert in foreign court proceedings.
In addition to his day-to-day responsibilities as a practicing lawyer, Faisal is a visiting law lecturer to universities in Europe, the Middle East and Asia. He also sits as an arbitrator and adjudicator.
WORK EXPERIENCE
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Pinsent Masons, Dubai, UAE (since April 2019)
Partner – Construction, Advisory and Disputes Group
Examples of recent work:
DWF (Middle East) LLP, Dubai, UAE (February 2016 – April 2019)
Director - Construction & Infrastructure Group
Examples of work:
- Acting for a member of board of directors of UK trading company in 40 million litigation in Dubai regarding managers’ personal liability under UAE law.
- Advising an international consultant on contractual entitlements in relation to a residential use development in Azerbaijan.
- Acting for an Asian contractor in relation to USD 14 million litigation brought by a subcontractor in relation to submarine cable laying works in Qatar.
- Acting for a local trading company in respect of several debt recovery claims across the UAE.
- Acting for an international contractor in over SAR 500 million litigation in connection with an infrastructure project in Jeddah.
Al Tamimi & Co, Dubai, UAE (November 2011 – January 2017)
Senior Associate – Arbitration Department
Examples of work:
- Acting for a property funder in respect of AED 42 million DIAC arbitration in respect of Ijarah contract in Dubai.
- Frequently advising on the enforceability of arbitral awards in the UAE.
- Acting for a local developer in an AED 500 million ICC arbitration relating to quality and delays claims in respect of a mixed-use development in Dubai.
- Acting for a contractor in an ICC arbitration relating to claims associated with wrongful deduction of liquidated damages and prolongation costs in respect of residential use development in Dubai.
- Advising an Abu Dhabi developer on the construction of a solar power plant in Abu Dhabi, including advising on compliance with Abu Dhabi building codes and the limitation of liability under the UAE law.
- Advising a local supplier in respect of quality claims regarding the New Doha International Airport.
ASAR in association with Stephenson Harwood, Kuwait (March 2009 – March 2011)
Associate – Dispute Resolution Group
Examples of work:
- Acting for a financing institution in respect of several litigations which arose out of Murabahah contracts.
- Advising FIFA on the State of Kuwait’s compliance with FIFA Rules and Regulations.
- Acting for a consultant in an ICC arbitration in respect of the construction of mixed-use development in Bahrain.
Clyde & Co, London, UK (January 2008 – March 2009)
Foreign Qualified Lawyer - International Trade & Energy Group
Example of work:
- Conduct of international arbitration claims in respect of charterparties/bill of lading disputes before London Maritime Arbitrators Association (LMAA).
- Conduct of international arbitration claims in respect of international transactions before London Metal Exchange (LME).
- Conduct of commodities litigations in a number of jurisdictions across the MENA region.
State Lawsuits Authority, Egypt (October 2004 – September 2006)
State Counsel - International Disputes Department
Responsibilities included:
- Acting for the Egyptian Government in respect of international arbitrations including:
- defence of a claim for US$70 million and filing counterclaim for US$55million in relation to the construction of a major port north Egypt (UNICTRAL Arbitration Rules).
- defence of an investor-state dispute claim for €44 million brought by an international hotel chain (ICSID Arbitration Rules).
- defence of an investor-State dispute involving international textile manufacturer (ICSID Arbitration Rules).
State Lawsuits Authority, Egypt (September 2000 – September 2004)
State Counsel - Civil Law Disputes Department
Acting for the Egyptian Government before various courts in Egypt including:
- Conduct of numerous tort claims.
- Conduct of compensation claims arising out of expropriation decisions.
- Conduct of numerous summary actions.
ACADEMIC EXPERIENCE
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School of Law, University of East Anglia, Norwich, UK (September 2007 - March 2011)
Adjunct lecturer on International Commercial Arbitration (LLM Program).
School of Business, University of East Anglia, Norwich, UK (September, 2007 - March 2011)
Visiting lecturer on Islamic Finance (MBA Program).
School of Law, University of Deusto, Bilbo, Spain (September 2011 – September 2013)
Visiting lecturer on Islamic Finance (LLM Program).
School of Business, Murdoch University, Dubai Campus, UAE (January 2013 – February 2014)
Adjunct lecturer on Contract Law (MBA Program).
School of Business, British University of Dubai, Dubai, UAE (since January 2017)
Visiting lecturer on Mediation and DABs (Construction and Dispute Resolution Master Program).
School of Law, Middlesex University, Dubai, UAE (April 2018)
Visiting lecturer on International Commercial Arbitration (LLM Program).
Visiting lecturer on International Commercial Arbitration (LLB Program).
PRESENTATIONS
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Examples of public speaking engagements:
- “Enforcement of Arbitration awards in the UAE” – conference organised by IICRA and the National Centre for Judicial Studies, Dubai, UAE (1 May 2014).
- “Nuances of Construction and Arbitration Laws in the UAE” - seminar hosted by Keating Chambers, London, UK (15 May 2014).
- “Legal Implications of Calling a Performance Bond in UAE” – masterclass organised by Hill International, Dubai, UAE (3 November 2014).
- "EPC Contracting: Local Law Prospective" – seminar organised RICS, Dubai, UAE (4 October 2016)
- "Termination of Construction Contracts" – seminar organised by the Korean Embassy in Doha, Qatar (5 April 2017).
- "Contracting in the Middle East" - Construction Law Summer School, Cambridge University, UK (4 September 2017).
- "Dispute Resolution in Islamic Finance" – Middle East and Africa Summit, Stockholm, Sweden (26 September 2017).
- “Commercial Disputes” – French Business Council, Dubai, UAE (11 November 2020).
- “Arbitration in the UAE” – DIFC Academy, Dubai, UAE (16 October 2023).
EDUCATION
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- 2006-2007 LLM in International Commercial and Business Law – the University of East Anglia, UK (Grade: Distinction).
- 1994 -1998 Licence en Droit (LLB Equivalent), Benha School of Law, Zagazig University, Egypt (Ranked second in class out of approximately 1500 students).
PUBLICATIONS
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- "Do the Distinctive Features of Contemporary Islamic Finance Lie in its Form or Substance", Butterworths Journal of International Banking and Financial Law (December 2008)
- “The Benefits of NEC3”, Construction Week (24 March 2012)
- “Liquidated Damages – The Bigger Picture”, Law Update (March 2012)
- “Can We Really Limit Liability?”, Law Update (July 2012)
- “Terminating Construction Contracts for Convenience in the UAE”, Law Update (September 2013)
- "Productivity-Based Disruption Claims in the Middle East", Construction Law International, Vol 12, Issue 2 (June 2017) Co-author
LANGUAGES
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- Arabic (native speaker) and English (fluent)
AWARDS
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- Holder of several prizes for academic achievement during academic studies.
- Honoured by the Egyptian Minister of Justice as one of the top five State Counsels in 2000.
- Selected for Young Arab Lawyers Scheme funded by the British Government in 2005.
- Holder of the Chevening Scholarship funded by the British Government – selected for full scholarship to study for an LLM in the UK in 2006/2007.
- Selected for International Visitor Leadership Program funded by the USA Government in 2006.