“Hard-working and punchy.”  “Impressive as a barrister” and an “ability to manage the team and get the most out of them.”

Chambers & Partners Global 2020 (UAE), Dispute Resolution

“she is fantastic in advocacy”, “very professional” with a “strong reputation in the market”.”

Chambers & Partners Global 2020 (UAE), Employment

“a very effective litigator” representing “a range of clients from high-net-worth individuals and shareholders to financial institutions.”

Chambers & Partners Global 2019 (UAE), Dispute Resolution

‘Charming but tough’, ‘a strong litigator’.

Chambers & Partners Global 2018 (UAE), Employment

‘substantial experience handling the heaviest cases’

Legal500 2018, Arbitration and International Litigation

‘a strong advocate and tactically adept’

Legal500 2018, Employment

Practice areas

Bushra has an extensive commercial and financial dispute resolution practice, focusing on commercial litigation and international arbitration across the full range of commercial, corporate, banking, financial services, regulatory and employment disputes.

Bushra’s work regularly features cross-border issues, including in relation to interim injunctive relief, jurisdiction, applicable law and cross-border enforcement, which often involves working as part of large teams across a number of jurisdictions, including leading silks at the Commercial Chancery Bar.

Bushra practices in all civil and commercial courts in England and Wales and has substantial overseas experience in the courts of offshore jurisdictions, in particular, the Dubai International Finance Centre (DIFC) Courts, where she has been involved in some of the highest value and most significant cases before the DIFC Courts.  

Bushra is regularly appointed as an Arbitrator in commercial and property matters in Dubai and has experience as co-arbitrator, chairperson and sole arbitrator in DIAC and DIFC-LCIA arbitrations. She also has extensive experience as counsel in LCIA, LCIA-DIFC, ICC, DIAC and ICCR arbitrations seated in the UAE, London, Paris and Bahrain.  As a CEDR accredited mediator since 2005, Bushra has also been appointed as a mediator both in the UK and in Dubai.

Commercial Litigation

Bushra is highly active as an advocate in the DIFC where she has acted on an array of litigation and arbitration matters, including possession actions and recovery of assets.  She has been ranked in both Chambers and Partners Global (UAE) and Legal 500 (UAE) since 2017 in dispute resolution.

Notable Representations

Huobi OTC DMCC v (1) Tabarak Investment Capital Limited (2) Christian Thurner [2020] - Acting for the First Defendant, an investment management firm, in a claim relating to the transfer and storage of bitcoins.  This will be the first cryptocurrency case in the Technology and Construction Division of the DIFC Courts, set to be heard in September 2021 before the former Court of Appeal Judge Sir Richard Field.

Iron Mountain Records Management DWC-LLC v Kinmere DWC-LLC [2020] - Acting for the Defendant in enforcing provisions of a lease where, citing the Covid-19 pandemic, the Claimant is seeking to rely on a force majeure clause to avoid its obligations under the lease.

Union Bank of India (DIFC Branch) v (1) Velocity Industries LLC (2) Velocity Venture Limited (3) Umaku Trade Invest Limited (4) Vijey Kapoor (5) Ravi Kuchimanchi (6) Rajinder Makhijani (7) Parag Gupta (8) Devika Makhijani [2020] - Acting for the Sixth – Eighth Defendants in a claim against them pursuant to alleged obligations under personal guarantees.

IGCF General Partner (on behalf of The Infrastructure and Growth Capital Fund LP) v KPMG Lower Gulf Limited [2019] - Acting as co-counsel with Jenner & Block London LLP, in respect of a pre-action disclosure application and Part 7 proceedings against KPMG as auditors of the now liquidated Abraaj Group, which was the largest asset management fund with assets under management of around USD 14 billion.  The matter is currently with the Judicial Joint Committee to determine the issue of conflict of jurisdiction between the Dubai Courts and the DIFC Courts

KBC Aldini Capital Limited v (1) David Baazov (2) Canaccord Genuity Corp (3) Canaccord Genuity (Dubai) Limited and (1) Aleksei Chegodaev (2) Ferdyne Advisory Inc [2017] - Acted for a Claimant against the owner of the world’s largest online gambling company and its financial advisers, relating to equity commitment letters filed in support of a ‘go private’ bid to acquire a global internet gaming company, Amaya Inc.

Ilyas Gaffar Saboowala v RAG Foodstuff Trading Limited and others [2017] - Acting for the Defendants in successfully discharging an injunction before former Deputy Chief Justice Sir David Steel.  Set down for trial before the former Court of Appeal Judge Roger David Giles, a former Judge of the Supreme Court of New South Wales, in a claim for damages and out of a breach of warranty

(1) Mr Amit Dattani (2) Mr Nitin Jobanputra (3) Mr Masood UR Rahman (4) Mr Shemhon Iftakhar v Damac Park Towers Company Limited [2014] - Acted for the Claimants in proceedings before the former Chief Justice Michael Hwang, former Judicial Commissioner of the Supreme Court of Singapore, involving a breach and subsequent termination of an SPA in the absence of a contractual termination clause in the SPA.  The issue concerned whether the SPA had been properly terminated in law and what amounted to ‘possession and occupation’ in the circumstances. The matter also concerned issues in relation to whether the parties had entered into a settlement agreement and whether the Claimants had an entitlement to sue on the SPA or the alleged settlement agreement.

GFH Capital Limited v David Lawrence Haigh [2014] - Acted for the Respondent at the return date hearing in respect of an application for a freezing injunction and search order, on a pro-bono basis, before the former DCJ Sir John Chadwick.  

Lalit Modi v Christopher Cairns [2014] - Acted for the Claimant in proceedings in the High Court in London in one of the highest priced match-fixing cases in cricket.

Youssef Issa Ward v Damac [2014] - Acted for the Claimant addressing “open contracts” by which purchasers ‘reserved’ property.

Suhail Raza Badami v DAMAN Real Estate Capital Partners Limited [2013] - Acted for the Claimant in respect of a breach of an SPA and the enforceability of a force majeure clause.

Corinth Pipeworks S.A. v (1) Barclays Bank PLC (2) Afras Limited (3) Radhakrishnan Nanda Kumar [2010]  - Acted for the Second and Third Defendants in respect of a breach of a services contract.  The matter was before the former Deputy Chief Justice of the DIFC Courts, Sir David Steel, former Judge of the Commercial and Admiralty Courts, England & Wales and the former Chairman of the European Commercial Judges Forum. The proceedings involved complex issues of jurisdiction as well as issues concerning deceit, conspiracy and issue estoppel.

Rafed Al Khorafi & Others v (1) Sarasin Alpen (ME) Limited (1) Bank Sarasin (2) [2009] - Acted for the Claimants in the most substantial financial mis-selling case in the GCC region, before the former Deputy Chief Justice of the DIFC Courts, Sir John Chadwick, formerly the Lord Justice of Appeal in England & Wales. Involved complex, multi-jurisdictional issues.

Orion Holding and Others v Others [2009] - Acted on behalf of a liquidator of various DIFC and US companies in successfully resisting a jurisdiction challenge brought by a Swiss bank in resisting claims by the liquidators to have certain pledges made by fraudulent directors declared invalid.  Enforcement proceedings against the Bank have been commenced in Switzerland pursuant to Swiss bankruptcy laws.

Advisory

Among others, Bushra has advised the following:

• a high-net-worth individual in respect of being sold leveraged, and highly risky, bespoke investment products, against an international investment bank.

• minority shareholders in respect of a complex shareholder dispute.

• a DIFC liquidator in respect of DIFC liquidations.

• a group of investors onshore in respect of mis-selling of investments.

• an UHNWI as an exiting shareholder in respect of his exit from a billion-dollar GCC company.

 Bushra has also:

• Been instructed by a Singaporean law firm to provide an expert report on DIFC Regulatory Law in relation to proceedings in the Singapore Court in relation to financial mis-selling.

• Acted for a Private Equity Fund in the DIFC in the Financial Markets Tribunal, dealing with multi-jurisdictional issues across the Cayman Islands and onshore Dubai, dealing with issues in respect of the Regulatory Law, Collective Investment Law, COB Rules, GEN Rules, touching on issues of misconduct, integrity and fitness to practice of an Authorised Individual.

• Advised and represented a company in breach of the UAE Financial Regulatory Law and the Dubai Financial Services Authority Rules.

International Arbitration

Among others, Bushra has acted for the following:

• the Claimant in a claim for damages under a DIAC Arbitration, involving breaches arising out of a franchise agreement with a Saudi entity. 

• the Respondent in a DIFC-LCIA arbitration in relation to breach of a litigation funding agreement.

• the Clamant in an ICCA Arbitration dealing with breach under an SPA and the failure by the developer to handover by the anticipated completion date.

• a Claimant in a DIFC-LCIA Arbitration dealing with issues relating to the notice provisions in the DIFC Real Property Law, as well as the cure provisions provided for in Article 80 of the DIFC Contract Law.

• the Claimant in a DIFC-LCIA Arbitration in connection with the recovery of USD 25 million from the borrower (together with those individuals and entities who had guaranteed the borrower’s liability) under a credit facility agreement.  Concurrent possession proceedings have been commenced in the UK against a residential property used as security.

• the Respondent in a DIFC-LCIA Arbitration in connection to a distributor agreement.

• the Claimant in an ICC Arbitration, under a provision for services contract relating to an infrastructure project in Pakistan. The seat of the arbitration was Paris, and French law was applicable.

• the Claimant in successfully obtaining a worldwide freezing order in the DIFC Courts to freeze assets up to USD 80 million in value to secure an Indian arbitral award that was to be enforced in the DIFC and Dubai Courts.

• a Claimant bank in relation to a facility in the sum of USD 25,000,000. Commenced possession proceedings in the UK in relation to security under personal guarantees, which was stayed following a hearing in the High Court, and in respect of the enforceability of an arbitration agreement in the facility agreement.

• As Co-Counsel in respect of USD 180 million DIFC-LCIA Arbitration concerning a Shareholders Agreement as well as an option agreement, with a time of essence clause.

Bushra has also advised on a third-party disclosure exercise in a DIFC-LCIA arbitration and was instructed in an ad-hoc arbitration in Bahrain under the FIDIC Silver Book.

Employment

Bushra is a pre-eminent lawyer handling the whole range of litigious cases related to employee terminations with a marked presence in the DIFC Courts.  She is recognised throughout the market for her strong disputes practice.  She has been ranked in employment in both Chambers and Partners Global (UAE) and Legal 500 (UAE) since 2017.

Notable Representations

TP ICAP Group Services Limited v (1) GMG (Dubai) Limited (2) Opeyemi Olayanju [2020] Acted for the Defendants in claims brought by a former employer in the UK for procuring a breach and a breach of contract/injunctive relief against its former broker, respectively. Despite the fact that the contract was governed by a UK jurisdiction clause, the DIFC courts seized jurisdiction on the basis the new employer was located in the DIFC, and the DIFC Court was able to apply UK law as a foreign law. The matter was listed down for a hearing for two weeks at the end of 2020 but settled.  It coincided with the Black Lives Matter movement garnering international media attention as the former broker was black and was claiming constructive unfair dismissal because of his race.

Jean-Luc Czech v Mirabaud (Middle East) Limited [2020] - Acted for the Claimant in his claim for discrimination on the grounds of religion.

Sabrina Sabbagh v GMG (Dubai) Limited [2020] - Acted for the Defendant in proceedings claiming unfair deduction of wages and subsequently enforcement by way of an Attachment of Earnings Order.

Tullet Prebon v (1) Morozov (2) Rudman [2019] - Advised two brokers in respect of their claims for constructive unfair dismissal in the context of proceedings brought by their former employer in the High Court in London for breach of contract and injunctive relief.

Christos Papadopoulos v Standard Chartered Bank [2017] - Acted for the former Regional Chief Executive, of SCB, Middle East, North Africa and Pakistan in respect of his claim for breach of a settlement agreement in respect of a future bonus payment.

Asif Adil v Frontline Limited [2016] - Acted for the Claimant in his claim for termination benefits.  Setting a precedent on the applicability of a penalty payment under Article 18(2) of the old Employment Law, where the employers failed to pay the employees termination entitlements within 14 days. The Court of Appeal affirmed the construction of Article 18(2) was which resulted in a change in the law.

Ghazala Abbas v Standard Chartered Bank [2016] - Acted for the Claimant, a senior employee of the Defendant, in respect of his claims for discrimination, pursuant to which a pre-action disclosure application was pursued for information relating to the practices of the bank in promoting Emirati Women.

Ozan Kalemdarouglu v GMG (Dubai) Limited [2015] - Acted for the Defendant in a successful application for security for costs against a former employer.

Raul Silva v United Investment Bank [2014] - Acted for the Respondent before the DIFC Court of Appeal as to the test for ‘reasonable employer’ under the old the DIFC Employment Law.

Sonia Guetat v Mirabaud (Middle East) Limited [2014] - Acted for a pregnant employee in relation to claims of discrimination.

Mustafa Al-Hendi v Dubai Aerospace Enterprise Limited [2012] - Acted for the Claimant before the former Deputy Chief Justice Sir Anthony Colman, former High Court Judge of the Commercial Court, England & Wales, in respect of a breach of employment contract. The court considered the issue of Confidential Information in the context of an employment contract.

Christopher James McDuff v KBH Kaanuun Limited [2012] - Acted for the Defendant in relation to what amounts to a ‘reasonable employer’ under Article 59A of the DIFC Employment Law.

Aida Dagher v Capital Investment International (CII-UAE) Ltd [2011] - Acted for the employee in relation to what amounts to a ‘reasonable employer’ under Article 59A of the DIFC Employment Law.

Advisory

Among others, Bushra has advised:

• a high-profile employee in relation to his redundancy package offered in the UAE considering the fact that the laws of England and Wales governed his employment contract.

• a senior and highly regarded banking executive in the UAE in relation to the termination of his employment without warning and with a very modest redundancy package.

• a former employee in relation to his end of service entitlements pursuant to UAE Labour Law.

• a client in respect of his end of service entitlements and post termination restrictive covenants along with his options for settlement or pursuing a potential claim in the DIFC Courts.

• a former Business Head and Accountant in relation to his end of service benefits and payments due under his employment agreement and payments arising out of settlement agreement.

• a high-net-worth individual in respect of his exit arrangements from a large investment fund.

• an employee in respect of his duties as an employee pursuant to a Dubai Financial Services Authority investigation.

 She has also acted for:

• a senior partner in an extremely confidential and highly sensitive matter, negotiating his exit from an international law firm. 

• senior counsel, in a very sensitive and highly confidential case, claiming discrimination on the grounds of gender and being subjected to discriminatory conduct by the management team.

Regulatory information

Regulated by the Bar Standards Board

Bar Standards Board – The Barristers’ Register

Privacy Notice

Memberships

Middle Temple

Commercial Bar Association

LLB (Hons), University College, London

Publications

Bushra has published articles on international dispute resolution and arbitration across the GCC in the Business Law Journal, PLC Magazine and the International Arbitration Review.  Contributed to the DIFC Employment Law Commentary, 2017.  Part of a panel chaired by Jacques Vissar, the General Counsel of the DIFC Authority, consulting on the proposed amendments to the 2019 DIFC Employment Law.   

Set up an initial, fixed fee, zoom conference to discuss your case with Bushra.