§ Case History
History of
demonstrated
capability.
Aarta's case history spans appointments as sole arbitrator, tribunal chair, and co-arbitrator, together with substantial prior experience as counsel on complex disputes. The matters listed below are representative and non-exhaustive, providing and indication of the sectors, issues, and jurisdictions that inform her practice as a neutral.
The lists below provide a general summary of matters handled by Aarta to date, illustrating the range and types of disputes in which she has acted. Confidentiality obligations prevent the disclosure of case-specific details.
PRESIDING ARBITRATOR (CHAIR)
- ·DIAC — Dispute arising out of a loan agreement (seat and governing law: Dubai).
- ·AIAC — Construction dispute concerning an energy facility (seat: Kuala Lumpur, governing law: England & Wales).
- ·DIAC — Dispute concerning profit-sharing in connection with a luxury hotel development on Palm Jumeirah, Dubai (seat and governing law: Dubai).
- ·Kuwait Commercial Arbitration Centre — Dispute concerning Area Development and Franchise Agreements (seat: Dubai, governing law: Kuwait).
- ·DIAC — dispute is relation to a franchising agreement between UAE and Saudi parties (seat: DIFC, governing law: Dubai).
- ·QICCA — Multi-party construction dispute concerning a sewage infrastructure project (seat and governing law: Qatar).
- ·ICC — Multi-party construction dispute (seat and governing law: Qatar).
- ·DIAC — Construction and fit-out dispute concerning a hospital project (seat and governing law: Dubai).
- ·DIAC — Construction dispute concerning termination and descoping of façade / curtain-wall works across 17 towers in the UAE including design defects and variation claims (seat: Dubai, governing law: UAE).
- ·DIAC — Real estate dispute concerning late handover, design defects, and related contractual breaches (seat and governing law: Dubai).
Co-Arbitrator / Tribunal Member
- ·Institutional Appointment — High-value construction dispute concerning an airport project in the MENA region (seat and governing law: confidential).
- ·LCIA — Construction of a compressor station and related infrastructure (seat: London, governing law: Oman).
- ·Arbitrate AD — dispute in relation to development of properties under an option agreement (seat: ADGM, governing law: ADGM or Abu Dhabi – Parties’ applications are under consideration).
- ·LCIA — Dispute related to dredging (seat: Doha, governing law: Qatar).
- ·LCIA — Construction dispute in relation to cladding and fireproofing of several high-rise buildings (seat: QFC, governing law: Qatar).
- ·ICC — Dispute concerning catering services for an international sporting event (seat: Doha, governing law: Qatar).
- ·DIAC — Dispute concerning construction of a major highway (seat and governing law: Dubai).
- ·DIAC — Construction dispute in relation to a commercial tower in Dubai Marina (seat and governing law: Dubai).
- ·DIAC — Commercial agency / consultancy agreement dispute with respect to a chain of hospitals in the Middle East (seat and governing law: Abu Dhabi).
- ·DIAC — Dispute in relation to the construction of a waterway system (seat: Dubai, governing law: Qatar).
- ·DIAC — Construction dispute in relation a commercial tower (seat and governing law: Dubai).
- ·Ad Hoc — Arbitration in relation to a shareholder’s dispute (seat and governing law: DIFC).
- ·ADCCAC — Potential breach of a high-value supply agreement for a strategic project in Abu Dhabi (seat and governing law: Abu Dhabi).
- ·ADCCAC — Dispute in relation to 10 separate supply orders with identical parties and arbitration clauses in relation to 3 construction projects (seat and governing law: Abu Dhabi).
- ·ADCCAC — dispute in relation to construction of a high-rise tower (governing law UAE, seat Abu Dhabi).
Sole Arbitrator
- ·Ad Hoc (AIAC appointing authority) — Dispute between vessel owner and charterer concerning the late and defective return of a vessel (seat: London, governing law: England & Wales).
- ·DIAC — Construction dispute between a joint venture and its subcontractors (seat and governing authority: Dubai).
- ·ArbitrateAD — Dispute between a building owner and service provider concerning a building maintenance agreement (seat: Abu Dhabi, governing law: UAE).
- ·SIAC — Two disputes concerning sale and shipping of construction materials (seat: Singapore, governing law: England & Wales).
- ·AAA-ICDR — Commercial dispute arising from the sale of products through a major US online platform (seat: New York, governing law: State of Washington, USA).
- ·SIAC — two distinct disputes between Indian and Singaporean parties in relation to shipping and sale of agricultural commodities (seat and governing law: Singapore).
- ·ICC (jointly nominated by parties) — Construction dispute concerning two major electrical substations, including termination, variations, bonds, retention and final account issues (seat: Dubai, governing law: UAE).
- ·ICC — Shareholder dispute concerning the acquisition of a mining company (seat: Istanbul, governing law: Iran).
- ·ICC — Dispute in relation to possible breach of warranties regarding purchase of a cloud kitchen (seat: Abu Dhabi Global Market (ADGM), governing law: England and Wales).
- ·DIAC — Dispute arising out of a value-engineering contract with respect to a large development in Abu Dhabi (seat: DIFC, governing law: UAE).
- ·DIAC — Construction dispute in relation to a high-rise commercial building in Dubai (seat and governing law: Dubai).
- ·DIAC — Construction dispute involving encashment of advance payment guarantee, termination of contractor, and allegations of fraud (seat and governing law: Dubai).
- ·DIAC — Construction dispute regarding construction of internal road systems of a large development in UAE (seat and governing law: Dubai).
- ·LCIA — Intellectual property and shareholder dispute (seat: Dubai, governing law: DIFC).
- ·DIAC — Shareholder's dispute related to the sale of an advertising agency (seat and governing law: Dubai).
- ·DIAC — Real estate dispute regarding the sale and late delivery of two identical units in a high-rise building in Dubai (seat and governing law: Dubai).
- ·DIAC — Real estate-related dispute regarding late handover of a luxury villa project in Dubai (seat and governing law: Dubai).
- ·DIAC — Real estate-related dispute regarding the sale of an apartment unit (seat and governing law: Dubai).
- ·DIAC — Real estate dispute regarding payment of property registration fees, service charges and handover date for significant development plot (seat and governing law: Dubai).
- ·CIArb Presidential Panel Appointment / CIArb Rules — Dispute concerning recovery of consultancy fees; London seat, England & Wales governing law.
Mediation
- ·Aarta also accepts appointments as a mediator and has acted as mediator or party representative in complex commercial and construction disputes, including matters involving major airport and infrastructure projects.
·Strict confidentiality obligations prevent disclosure of many mediation matters.
Prior Matters As Counsel
CONSTRUCTION
- ·Represented UAE contractor in a DIFC / LCIA arbitration against a Saudi owner for a re-measurable contract involving a mixed-use facility in the UAE. Claims exceed USD 136 million for wrongful termination, unpaid variations, and unpaid certified payments, with counterclaims of AED 600 million for design defects and progress delays / liquidated damages.
- ·Represented contractor in a DIAC arbitration exceeding USD 23 million in claims in relation to the construction of an iconic high-rise in Dubai.
- ·Advised employer on legal aspects of managing a contract for construction of a hotel operated by the Marriott Group in Dubai.
- ·Represented large Qatari owner / developer in relation to claims exceeding USD 100 million related to construction of a golf resort in Morocco.
- ·Represented developer in a DIAC arbitration related to a mixed-use facility in Dubai with a delay claim exceeding USD 57 million.
- ·Represented Family Office in a DIAC arbitration arising from construction of a luxury villa on Palm Jumeirah. Dispute involved delay and design defects with a value of USD 28.6 million.
- ·Performed due diligence, contract reviews, and advised client on claims arising from construction of a large housing development in Jeddah, Saudi Arabia.
- ·Advised Saudi Arabian contractor on construction of one of Saudi Arabia’s largest university campuses and surrounding mixed-use facilities in Jeddah, including day-to-day advice on contractual obligations, dispute avoidance, and preparation of delay and direct cost claims for formal dispute resolution.
- ·Advised and represented an education entity in arbitration against the Engineer for construction of its campus in Dubai.
- ·Advised Australian / UAE general contractor on claims related to extension of time, valuation of works, and injunction of project bonds for a hospitality and residential project.
AIRPORTS
- ·Advised a South Asian government regarding termination of the main contractor for its major airport.
- ·Part of the team that represented a MENA region government’s steering committee in one of the largest strategic projects in the GCC. Provided strategic advice on schedule overruns, variation orders, design defect claims, renegotiation, and descoping of project management and EPC contracts related to construction of a passenger terminal and maintenance hangar.
- ·Participated in mediation of several large claims related to construction of a regional international airport’s maintenance hangar.
- ·Represented owner / investor in matters related to construction of Queen Alia Airport in Amman, Jordan.
- ·Represented owner / developer in a USD 70 million design defect claim in relation to an international terminal at a major airport on the East Coast of the United States.
INFRASTRUCTURE
- ·As co-counsel, represented a regional solar company / claimant in an LCIA arbitration seated in London against a French company for construction of a 40-megawatt solar project in the Middle East.
- ·Advised a contractor on claims related to construction of compressor stations on the Turkish section of a significant trans-national pipeline project, with claims exceeding USD 8 billion.
- ·Advised German supplier in a potential ADCCAC arbitration with contractor on a government funded infrastructure project in the Middle East.
- ·Represented a solar engineering company in the construction of a 15-megawatt solar project in the Middle East.
- ·Advised Turkish contractor in preparation for arbitration regarding upgrades to Abu Dhabi’s waterway and sewage systems, with claims exceeding USD 135 million.
- ·Drafted project management and design services agreements for phase one of the Etihad Rail Project (Shah Habshan line) in Abu Dhabi.
- ·Drafted sewage services contracts with private and public entities on behalf of Abu Dhabi Sewage Services Company (ADSSC).
- ·Represented lump sum turnkey contractor on various matters in relation to construction of a USD 5.4 billion crude oil pipeline connecting the Caspian Sea to the Mediterranean Sea. Part of legal team preparing direct cost and delay claims in anticipation for ICSD arbitration (working in alliance with prominent London law firm).
REAL ESTATE / COMMERCIAL / OTHER MATTERS
- ·Liaised with and managed external counsel for a client / Saudi conglomerate, anticipating a DIAC arbitration for an USD 110 million shareholder dispute.
- ·Managed external counsel (two law firms based in Dubai) for a client / developer in over twenty-five ADCCAC and DIAC arbitrations.
- ·As co-counsel, represented respondent (transportation company) in two international arbitrations related to transportation and sale of jet fuel to a Swiss company for inter-governmental military alliance forces in Afghanistan.
- ·Instructed and managed external law firm and tax advisers for a UAE-based Family Office on complex property tax related issues involving properties in the UK.
- ·Supervised and managed restructuring of UK and offshore real estate holding companies for a Family Office with assets in the UK, France, and Italy.
- ·Advised a private business owner on restructuring of real estate assets, succession, and estate planning in the UAE and UK.
- ·Instructed and managed Canadian lawyers for a UAE engineering company in claims filed before the Supreme Court of Nova Scotia related to a project in Abu Dhabi.
- ·Advised Swiss chocolate manufacturer (family-owned business) on setting up operations in the UAE.
- ·Managed US IP counsel for a UAE engineering company in purchase of IP assets from a US entity as part of a global acquisition.
- ·Advised a UAE-owned limited liability company in a joint venture with a US defense contractor and Swedish technology provider, including transfer of assets and intellectual property rights to the UAE-based joint venture entity to gain offset points from “Tawazun” for the US defense contractor in arms sales to the UAE government.
- ·Advised India’s largest private school establishment on corporate, commercial, and construction matters related to setup and operation of schools in the UAE and expansion into Bahrain and Kuwait.
- ·Represented UAE Sovereign Wealth Fund in negotiations regarding development of real estate in Bahrain.
- ·Counseled UAE Sovereign Wealth Fund in a class action related to its investments in US and European funds.
- ·Advised India’s largest private school group on its UAE operations including compliance with KHDA, ADIC, and Sharjah Education Zone regulations.
- ·Law firm's sole relationship attorney (for New Jersey commercial and real estate matters) to the world’s largest public corporation by revenue (2005-2008). Responsibilities included management of the client’s account, liaising with client’s legal department and the relevant real estate and corporate teams at the representing law firm..
- ·Advised one of the largest Indian developers with respect to construction of two major townships in Mumbai and Chennai, India approximating USD 700 million in development costs; representation included contract drafting and negotiations with various parties including US-based design consultants and resident architect in India.
- ·Represented owner of a commercial building in New York City against the owner’s insurance company for non-payment of covered losses in a claim arising out of extensive water damage to the structure and interiors. The Court of Appeals’ decision in this action set precedent in New York State, allowing for collection of consequential damages due to the insurer’s breach of contract.
- ·Assisted in preparing draft of the Owners’ Association rules for Sun & Sky Tower on Reem Island, Abu Dhabi.
- ·Represented developer in relation to a Master Development Agreement between a UAE company and a Chinese developer for development of two towers in a major Middle Eastern city.
