David Hume is a partner in the International Arbitration practice.

He is based in the UAE and acts for multinational and State-owned companies in commercial arbitrations under the ICC, LCIA and DIAC Rules, as well as large-scale construction and engineering disputes in institutional and ad hoc arbitration, Dispute Board proceedings, and related litigation.

David’s expertise spans disputes relating to aviation, energy, mining and natural resources, projects and construction, mergers & acquisitions, joint ventures and shareholder agreements, and financial services.

David is listed as a ‘leading practitioner’ in The Legal 500 Private Practice Arbitration Powerlist - Middle East Region (2023) and a ‘Future Leader’ in Arbitration by Who’s Who Legal. He is also featured in The Legal 500’s UAE Dispute Resolution: Arbitration and International Litigation (2023) and UAE Construction where clients say David ‘has exceptional drafting skills, is up-to-speed at all times, and never off-guard’. Clients describe him as ‘smart, eloquent and very strong on explaining concepts’ and ‘always accessible, available and highly adaptable’. David also speaks and trains others regularly on arbitration and construction-related matters.

International arbitrations – Commercial

• Representing a Middle Eastern company in the aviation sector, Respondent in eight LCIA arbitrations in London against a European aircraft components supplier. English law applies.
• Representing a Middle Eastern energy company, Claimant in an ICC arbitration in Abu Dhabi against a Middle Eastern insurance company. The dispute arose from the termination of an insurance policy.
• Representing a Middle Eastern company in the aviation sector, Claimant in three LCIA arbitrations in Jeddah and Riyadh against a Middle Eastern aviation services partnership and a Middle Eastern airline concerning unpaid contractual entitlements. The law of the Kingdom of Saudi Arabia applied.
• Advising the Middle Eastern agent of a European defense and construction services group, coordinating the client’s litigation/arbitration strategy (both in local courts and in Europe) to protect its interests in a lucrative exclusive agency arrangement.
• Advising a major multinational FMCG company on the availability of BIT protections in relation to regulatory measures.
• Advising a German defence group on matters of local law related to a shareholder dispute the subject of an ICC arbitration, with claims of in excess of US$200 million at stake. The law of the Gulf state applies.

Construction

• A Middle Eastern company, as project owner, in a series of disputes with two sets of international EPC contractors in respect of a major water desalination project. The law of the Middle Eastern State applies and the contracts provide for ICC arbitration seated in that State.
• A European energy company in disputes arising out of three projects for the design, supply and installation of energy substations in high profile urban development projects in Dubai. The contracts are governed by the Laws of Dubai and the Federal Laws of the UAE.
• A large energy multinational in a complex construction dispute worth over $1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute includes issues of delay and defects. English law applies.
• Representing two international construction contractors, Respondents in an ICC arbitration in London brought by a Middle Eastern State entity. The dispute arises out of the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applies. $3.7 billion is at stake.
• Representing a heavy equipment supplier and contractor in relation to an arbitration and a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over $2 billion. The law of the country of the projects applies.
• Representing an Asian State-owned entity and its joint venture partners in a dispute with a Middle Eastern State-owned entity. The dispute arises from an EPC contract for the construction of a large petrochemical project.
• Representing an international consortium of contractors, Claimants in ICC arbitration against a Middle Eastern State. The dispute arose out of the design and construction of an airport. The law of the Middle Eastern State applied. Close to $1 billion was at stake.
• Representing a European energy infrastructure company in an ICC arbitration in London brought against a North American subcontractor. The dispute arose out of a project for the construction of a major solar field in the Middle East. Issues included defective equipment and critical delays in the overall project. English law applied.
• Representing two African subsidiaries of an international mining and exploration company, Respondent in an ICC arbitration in London initiated by a South African contractor. The dispute arose from an EPCM contract in relation to a mine expansion project in Sub-Saharan Africa. English law applied.
• Representing a European contractor, Claimant in an ICC arbitration in London brought against a Middle Eastern owner. The dispute arose from a contract for the conversion of a simple cycle power plant to combined cycle technology. English law applied.
• Advising a major refining company on a significant refinery development project, where contractor claims for delay, prolongation, and disruption have been made in relation to COVID-19 related measures.Approximately half a billion dollars are in dispute.
• Advising one of the partners in a joint venture, as project owner, in a high value pre-arbitration dispute with a contractor in connection with a construction megaproject for an oil and gas facility in Central Asia. The dispute concerns issues of productivity, delay and defects. English law applies.
• Advising a Middle Eastern State-owned company on its response to COVID-19 related claims from a major international EPC contractor arising from a crude storage facility in the Middle East. 

Litigation

• Advising on English High Court proceedings challenging arbitral awards under ss. 67 and 68 of the English Arbitration Act 1996.
• Supervising local court proceedings and advice in the UAE, Saudi Arabia, Oman, and Kuwait in relation to a range of commercial and construction-related disputes and enforcement-related matters.
• Appearing in NZ High Court proceedings including in relation to termination of a partnership worth approximately NZD 60 million (Kaiwarua-Ealing Limited v Pullington Investments Pty Limited [2012] NZHC 2226), and judicial review of Health Board decision-making processes (Healthcare of New Zealand Limited v Capital and Coast District Health Board HC Wellington CIV-2011-485-1998 [2011] NZHC 1395).
• Advising the directors and shareholders of a complex, closely-held financial concern on matters relating to their placement into statutory management and related litigation.
• Secondee to the Legal Department of a major Australasian bank, developing internal regulatory compliance controls.

Pro Bono

• Advising a North African State advising on its ability to identify and recover the proceeds of natural resources stolen by armed insurgents.
• Advising on refugee and migrant resettlement and leave to remain applications, and non-molestation orders in the English courts, and assistance with AMICUS in relation to US death penalty cases.

Professional Affiliations

• Member, London Court of International Arbitration (LCIA) Users’ Council
• Co-ordinator, Society of Construction Law (Gulf), Abu Dhabi
• Member, Young ICCA 
• Member, LCIA Young International Arbitrators Group (YIAG)

Publications

• “Contractors beware: strict compliance with notice requirements following Maeda v Bauer,” IBA Asia Pacific Regional Forum, 27 May 2021 (with E. Taylor and R. Raheja)
• “Remote Hearings: Effectively Navigating the New Frontier,” The UAE Arbitration Yearbook 2020 at 74, LexisNexis (with A. Bevan, A. Nordang and Y. Diabaté)
• Global Arbitration Review, Investment Treaty Arbitration Know-how, New Zealand chapter (2016-2020)
• When is a trustee "dishonest"? (2012) New Zealand Law Journal 190 (with Dr Andrew Butler).

Speaking Engagements

• “A tour d’horizon on the latest trends in international arbitration MENA,” 10^th ICC MENA Conference on International Arbitration, Dubai, 17 May 2022
• “The effect of Covid-19 on construction projects – claims, strategies, and tactics,” GAR Live Abu Dhabi, 9 February 2022
• “Transformation in the Legal Sector,” ADGM Knowledge Series 2020, Mumbai, 27 February 2020
• “Diversity in ADR: Swinging Into Action!,” event co-hosted by Shearman & Sterling, ArbitralWomen & Chartered Institute of Arbitrators in Abu Dhabi, 3 October 2019
• “Claims for Defective Work,” SCL (Gulf), Abu Dhabi, 20 January 2019
• “New Zealand Old and New: International Arbitration and Trade,” New Zealand Law Foundation International Dispute Resolution Lecture by Lucy Reed, Wellington, New Zealand, 7 November 2012 (discussant)
• “New Zealand’s decision to arbitrate with (some of) the world - What we need know about New Zealand’s recent embrace of investor-state arbitration,” New Zealand Institute of Arbitrators and Mediators, Christchurch, New Zealand, August 2010
• Advocacy Counsel (Demonstration)
  –YSIAC-ADGM Advocacy Workshop, Abu Dhabi, 5 February 2020
  – Second Annual Middle East Arbitration Moot, Dubai, 5 March 2019
  – CISG Arbitration Demonstration, New Zealand Institute of Arbitrators and Mediators Annual Conference, Wellington, New Zealand, August 2012

Awards

• Winner, Frédéric Eisemann Award, Willem C. Vis International Commercial Arbitration Moot, 2009