Dispute resolution

Guest blog: Navigating cross-border disputes in MENA

  • 11 February 2025

In today’s interconnected world, cross-border disputes have become increasingly prevalent, particularly in the MENA region, where diverse legal frameworks and cultural nuances intersect. In this guest blog post, Nasser Al-Adba, Managing Partner at Omani & Partners Law Firm, a sponsor of the 13th ICC MENA Conference, explains approaches for managing these cross-border disputes, from early risk assessment to collaborating with local counsel.These disputes often require strategic thinking, legal expertise, and a nuanced understanding of regional complexities.

Overcoming legal complexities

Cross-border disputes often involve multiple jurisdictions, each with distinct legal principles. The MENA region, with its unique combination of civil law, common law, and Sharia principles, presents additional challenges for arbitration. Successfully navigating these disputes demands a deep understanding of local and international arbitration rules, including the ICC framework.

Professionals with experience in this region can mitigate risks by identifying applicable laws and ensuring procedural compliance. By leveraging their knowledge of the legal landscape, they provide clients with clear, actionable strategies to resolve their disputes effectively.

Strategic approaches to cross-border arbitration

Effectively managing cross-border disputes requires a proactive and strategic approach. Some of the key methodologies include:

  1. Early risk assessment: Evaluating potential risks and liabilities to establish a focused strategy
  2. Tailored advocacy: Adapting strategies to align with the specifics of each case and jurisdiction
  3. Efficient resource management: Collaborating with multidisciplinary teams to utilise expertise and resources efficiently
  4. Collaboration with local counsel: Engaging local experts to understand jurisdiction-specific nuances and enhance representation

Case example: arbitration support for a large-scale infrastructure project

One recent example in the Gulf Cooperation Council region involves arbitration support for a major infrastructure project valued at over QAR 15 billion. The case required reconciling conflicting contractual provisions under multiple legal frameworks. Through thorough preparation and strategic advocacy, the dispute was resolved favourably, underscoring the importance of tailored approaches in high-stakes arbitration.

Conclusion

Navigating cross-border disputes in the MENA region is a complex process requiring expertise, strategic insights and a commitment to excellence. Professionals with experience in cross-border arbitration provide invaluable support to clients dealing with jurisdictional conflicts, enforcement challenges or intricate legal frameworks. Their ability to manage disputes ensures favourable outcomes and long-term success.

*Disclaimer: The content of this article may not reflect the official views of the International Chamber of Commerce. The opinions expressed are solely those of the authors and other contributors.