MELA-2018_Winners-19April2018-7_Arbitration

Finalists:  Al-Ansari & Associates; Baker McKenzie; Charles Russell Speechlys; DLA Piper (Highly Commended); DWF; HFW; KBH Kaanuun; Stephenson Harwood.

Clyde & Co came out on top in the Arbitration Team of the Year category for helping its client obtain a favourable outcome at a contract dispute tribunal.

The firm was acting for a supplier of food and fuel to the US Army in Afghanistan, which had subcontracted security services to another operator that a whistleblower alleged was overcharging for the services being provided.

Under the US False Claims Act, by passing on those costs to the US government, Clyde & Co's client was liable for a minimum $150m fine and debarment from government contracting, putting its business in peril. The client terminated the contract and entered arbitration proceedings to get a ruling on the overcharges (the subcontractor then counterclaimed for wrongful termination and unpaid invoices).

The firm put together a strategy that harnessed its expertise in UAE law and the defence and security sectors to ensure the highly complex legal submissions required were delivered successfully. The final award dismissed all of the subcontractor's claims (with the exception of payment for services provided before the contract was ended), and concluded termination of the contract was valid.

"The team demonstrated its expertise through strategic planning and careful consideration of their options, [saving] the businesses from what could have been a total meltdown," a judge acknowledged.