Shadha Zawawi

A Year-End Insight into Energy & Climate Law

This special edition of Law Update, marking Al Tamimi & Company’s 35th anniversary, explores the evolving legal landscape of energy and climate law across the region.

As the Middle East prioritises sustainable growth, this edition examines key developments shaping the future of the sector. From the UAE’s Federal Law No. 11 of 2024 to advancements in green hydrogen, solar financing, and carbon capture technology, we spotlight the innovative strides and challenges defining this critical area.

We also go into Saudi Arabia’s initiatives to integrate carbon capture into its industrial expansion and Egypt’s AFRICARBONEX platform, which underscores the region’s commitment to a sustainable and inclusive future.

Join us as we celebrate 35 years of legal excellence and forward-thinking insights, paving the way for a more sustainable tomorrow.

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Biography

Shadha is a dual qualified dispute resolution lawyer with over 12 years of experience in handling arbitration disputes involving real estate, commercial and construction matters while working with well-known local firms in the Emirate of Dubai where she held title of Senior Associate.

Shadha has handled and advised on over 70 matters in arbitration under the rules of international arbitration centers such as ICC, DIFC-LCIA, DIAC and also the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) and Ajman Commercial Conciliation and Arbitration Centre (AjCCAC). She has acted as sole arbitrator in arbitrations before DIAC and previously acted as arbitral secretary to Tribunals.

The disputes she handled often involved technical and complex issues of facts and opinion, requiring investigations and panel of experts. She has advised on the ratification and nullification of domestic arbitral and foreign awards before the Dubai Courts and DIFC courts worth AED 2 billion.

She was invited as a speaker to the conference International Arbitration in Pakistan: Past, Present and Future held on 5 May 2018 organized by Commercial Investment International Arbitration Centre (CIICA) and UMT School of Law and Policy which was the first ever international arbitration conference in Pakistan which was jointly supported by The United Nations Commission on International Trade Law (UNCITRAL) Regional Centre for Asia and the Pacific, the SHIAC and the Hangzhou Arbitration Commission.

She has contributed several Practice Notes on arbitration topics to Gulf Legal Advisor- Lexis Nexis Middle East. She was also shortlisted for Author Award: Arbitration for annual Lexis Nexis Authors Award 2020

(Middle East). Shadha has also been interviewed by and has written for CIPD and Explorer on UAE laws. She was also finalist in the category ‘Rising Star- Inhouse’ for The Law MEA Awards 2023: The Law’s Finest and served a key role as Claim Regulatory Director for award winning legal tech platform ‘Practiclaim’ which was awarded the ‘MENA Legal Technology Startup of the Year’ at The Law MEA Awards 2023.

Recent Experience

As Arbitrator/Arbitral Secretary

Acted as Sole Arbitrator in DIAC arbitration re commercial dispute between UAE based companies relating to services agreement and supply of materials with claim amount of AED 2.2 million.
Acted as Sole Arbitrator in DIAC arbitration re commercial dispute between UAE based companies relating to supply and delivery of safety materials.
Acted as Sole Arbitrator in DIAC arbitration re dispute between UAE based companies with respect to lease agreement for a commercial unit.
Acted as Arbitral Secretary to Tribunal in DIAC Arbitration re dispute between a Qatar branch of a US based company and a Qatari company with respect to agreement for services related to medical record system.
Acted as Arbitral Secretary to Tribunal in DIAC Arbitration re dispute between individual buyer and seller relating to sale of real estate unit in Dubai.
Acted as Arbitral Secretary to Tribunal in DIAC Arbitration re dispute between individual buyer and Dubai based company relating to sale and purchase agreement for an off-plan unit in Dubai, UAE

As Counsel

Represented a Dubai based operator of high-end restaurants in ICC Arbitration against Australian company in relation to a dispute arising out of an agreement to grant intellectual property licensing rights to construct, develop and operate an international chain of restaurant in the Emirate of Dubai.
Represented Main Contractor, a Dubai arm of a New York based company in ICC Arbitration against UAE based subcontractor relating to dispute arising out of a subcontract for MEP works in relation to construction of a large-scale data centre in Dubai with total claims amounting AED 22 million including counterclaims.
Represented several individual buyers in 5 separate ADCCAC arbitrations against Abu Dhabi based developer relating to disputes arising out of sale and purchase agreements for real estate units in a project to be developed in Reem Island in Abu Dhabi.
Represented individual buyer in DIAC Arbitration against UAE based real estate developer re dispute arising out of a sale and purchase agreement for a luxury penthouse unit in Dubai Marina where claims included delay in handover, departure from agreed specifications and specific performance of agreement amongst others.
Represented individual buyer in IICRA Arbitration against UAE based developer re dispute arising out of a sale and purchase agreement for a real estate unit in Dubai.
Represented Dubai branch of Kuwait based Consultants in DIAC Arbitration against the Employer re dispute arising out of a Consultancy Services Agreement for site supervision and site back-up for development of Villa Complex in TECOM (Dubai).
Advised a group of individual buyers on DIAC Arbitration claims against a UAE Developer with respect to sale and purchase of off-plan luxury villas in Dubai, two of which progressed to arbitration. Claims included termination of agreement, compensation for damages suffered, loss of opportunity and income.
Represented Kuwait based developer and successfully defended claims in DIAC Arbitration against BVI company relating to claim of termination of 7 furnished real estate units in a residential project in Dubai.
Represented Kuwait based developer and successfully defended claims in DIAC Arbitration relating to construction agreement of a villa and termination of the plot purchase agreement by individual purchasers.
Represented several individual buyers in 2 separate multi-party disputes against UAE based developer before DIAC relating to claims under sale and purchase agreement for apartment units in an off-plan real estate development in Dubai.
Advised a Kuwait based Master Developer on DIAC Arbitration claims against the Developer with respect to sale and purchase agreement for a plot in JLT for construction of mixed used development. Matter involved multiple claims relating to non-construction, termination and order for demolition along with claims for damages/costs. The matter was successfully settled.
Assisted and advised a large UAE Group of companies on nullification of arbitral award worth approximately AED 2 billion pertaining to a construction dispute.
Acted as co-counsel for UAE based consultant in DIAC Arbitration for claims against a UAE based Developer under a consultancy services agreement for a mixed used development in Greens Emirates Hills Second. Claims involved order for payment for works performed and counterclaim for delay damages and negligence. Obtained successful award in favour of the client while successfully defending the entire counterclaim.
Advised and acted for a Dubai arm of an Australian contracting company on DIAC Arbitration claims against the Employer arising out of a construction contract pertaining to trial Excavation works for a Canal Project in Dubai. Claim included claims for non-payment of the certified works and additional works performed by the Claimant.
Advised a large group of company in UAE on ratification of arbitral award worth AED 300 million and 400 million pertaining to construction dispute and worked closely with the litigation team for the proceedings before the Dubai Courts. Also advised on nullification of arbitral award worth AED 300 million pertaining to a construction dispute.
Represented UAE company in DIAC Arbitration regarding claims against UAE developer in relation to difference in size of real estate unit along with compensation for delay in construction.
Represented individual buyers in DIAC Arbitration regarding claims against UAE developer for compensation relating to difference in size of real estate unit along with compensation for delay in construction.
Represented Kuwait based company and successfully defended claims in DIAC Arbitration against buyers with respect to sale and purchase agreement and construction contract for real estate property in Dubai.
Represented individual buyer in DIAC Arbitration for claims against UAE Developer relating to purchase agreement for property in Downtown, Dubai. Claims included issues relating to departure from agreed specifications of the property and compensation for delay in handover.
Represented several individual buyers in AjCCAC arbitrations against Ajman based developer with respect to disputes arising out of sale and purchase agreements for a real estate unit in Ajman.