Khadija specialises in commercial litigation and international arbitration across areas including banking and finance, international trade, commodities, energy, oil and gas. Recent experience includes working on complex derivatives trading and margin call disputes and a multi-million-dollar dispute relating to swap transactions affected by Russian sanctions.

She is also experienced in handling sanctions-related work, investigations, corporate governance, regulatory and ESG compliance matters. Khadija is familiar with all major international arbitration rules including the LCIA, ICC, UNCITRAL, DIAC, SIAC, HKIAC and the Swiss Arbitration Rules. She is also a registered practitioner with the DIFC Courts in Dubai.

Prior to joining 36 Stone Khadija was Senior Legal Counsel at Credit Suisse in Zurich specialising in cross-border legal matters, with a particular focus on the UK and Middle Eastern markets. She also worked on high-profile cross-border FCA and HMRC investigations for the bank. In a previous role, Khadija was Counsel at a major law firm in Dubai where her practice focused on commercial litigation, international arbitration, and all dispute-related work before the DIFC Courts.

Khadija has extensive international experience working with other lawyers in private practice, in-house counsel, experts and professionals from a diverse range of backgrounds, in all aspects of dispute resolution and in an advisory capacity.

Khadija also has a background in international human rights law and is able to advise on all aspects of business and human rights. She is involved in a number of initiatives seeking to advance equality, diversity and inclusion at the Bar.

Key cases & testimonials

Acting for an energy trading company in defending a claim in excess of USD 10 million brought by a major international financial institution in a DIFC-LCIA arbitration relating to a futures trading agreement. The dispute arose from circumstances of the severe market disruption and price volatility in the oil market caused by the breakdown of talks between OPEC and Russia over production cuts in the midst of the COVID-19 pandemic.

Acting for a global aluminium producer against a major international financial institution in a LCIA arbitration with claims and counterclaims in excess of USD 100 million relating to the effect of international sanctions on obligations and termination rights under ISDA transactions.

Globe Investment Holdings Limited v (1) Commercial Bank of Dubai (2) Hortin Holding Limited (3) Lodge Hill Limited (4) Westdene Investment Limited (5) VS 1897 (Cayman) Limited – successful in obtaining an ex parte worldwide freezing order before the DIFC Courts over assets to the value of circa. USD 180 million. An important final decision on the DIFC Courts’ jurisdiction and the enforcement principle where an injunction is sought over parties outside the DIFC and UAE.

Advising on the termination of multi-million-dollar swap transactions as a result of international sanctions against major Russian financial institutions, including a consideration of UK, US, EU and UN sanctions and the effect of OFSI and OFAC licences.

Advising on MiFID technical standards with respect to pre- and post-trade control implementation by financial institutions providing direct access to commodity trading platforms and associated due diligence.

 

Areas of expertise

Khadija accepts instructions in all areas of commercial litigation and has been involved in numerous high value, complex and multi-jurisdictional disputes.

Notable experience includes:

Acting for a global sub-sea maritime service provider in a multi-jurisdictional dispute across London, Panama, the UAE, and Singapore for claims in excess of USD 500 million for breaches of representations and warranties in a private equity investment transaction.
Acting for a claimant in LCIA proceedings concerning an aviation dispute involving issues of force majeure and the seizure of a number of aircrafts in Afghanistan.

Acting for a respondent in ICC arbitration proceedings concerning a dispute over the termination of a supply of float glass contract to the value of USD 15 million.

Acting for a Dubai-based property developer in ICC arbitration proceedings against a USD 30 million claim brought by a contractor disputing delay penalties in connection with a 35-storey commercial development.

Acting for a prominent UHNWI in a multi-million-dollar dispute against certain luxury hotel project owners in ICC arbitration proceedings.

Advising on the recognition of arbitration agreements, enforcement and attachment of performance securities in the UAE.

Acting for a UAE-based property developer in a DIAC arbitration proceedings claiming in excess of USD 120 million against a contractor.

Acting for a respondent in DIAC arbitration proceedings concerning a claim in excess of USD 450 million for the breach of a commercial property sale and purchase contract.

Acting for a major Kuwaiti property developer in multi-million-dirham ADCCAC arbitration proceedings relating to the termination of a services agreement for one of Abu Dhabi’s largest mall development projects.

Acting for an international media company in a multi-million-dollar shareholder dispute.

Acting for an applicant in the enforcement of a DIAC arbitration award in foreign court proceedings against a group of companies for work carried out on one of the group’s developments in the UAE involving issues of due process, the effect of bribery and fraud on the validity of a contract and matters of corporate personality.

Acting for a BVI registered company, in a multi-party dispute before the DIFC Courts to recover amounts payable pursuant to a loan agreement where repayment was tied to an insurance claim in excess of USD 12 million.

Taaleem v NBC and Deyaar – multi-party proceedings before the DIFC Court of First Instance and Court of Appeal for claims in excess of USD 100 million involving complex allegations of sophisticated fraud, embezzlement, corporate conflicts of interest and breaches of fiduciary duties and novel aspects of procedural law. The case set important precedent on matters such as the use of UAE expert evidence and the jurisdiction of the courts.

Khadija accepts instructions on all aspects of banking and finance and has been involved in numerous high-value and complex disputes in this area for and against major financial institutions. She has particular expertise relating to derivatives trading transactions and cases involving financial sanctions. Notable experience includes:

Advising on the termination of multi-million-dollar swap transactions as a result of international sanctions against major Russian financial institutions, including a consideration of UK, US, EU and UN sanctions and the effect of OFSI and OFAC licences.

Advising on MiFID technical standards with respect to pre- and post-trade control implementation by financial institutions providing direct access to commodity trading platforms and associated due diligence.

Acting for an energy trading company in defending a claim in excess of USD 10 million brought by a major international financial institution in a DIFC-LCIA arbitration relating to a futures trading agreement. The dispute arose from circumstances of the severe market disruption and price volatility in the oil market caused by the breakdown of talks between OPEC and Russia over production cuts in the midst of the COVID-19 pandemic.

Acting for a global aluminium producer against a major international financial institution in a LCIA arbitration with claims and counterclaims in excess of USD 100 million relating to the effect of international sanctions on obligations and termination rights under ISDA transactions.

Advising a major gas processing and LNG production company on remedies available under English law to a beneficiary of several unconditional demand bank guarantees affected by financial sanctions.

Advising a major international bank on whether a transition from the London Interbank Offered Rate (LIBOR) to the Sterling Overnight Indexed Average (SONIA) as the reference rate under its UK mortgage loan facility agreements, falling within scope of the Mortgages and Home Finance Conduct of Business provisions (MCOB), required new binding offer letters to be sent out to borrowers.

Acting for an international diamond transaction financing bank in proceedings for the recovery of approximately USD 6 million worth of dishonoured payments as a consequence of fraud and conspiracy involving parties in the UAE and Switzerland.

Acting for a leading bank in a complex fraud matters in ADCCAC arbitration proceedings arising from Islamic lending facilities in excess of USD 70 million.

Acting for an international bank in DIFC-LCIA multi-million-dollar proceedings involving issues of complex fraud and jurisdictional and enforcement issues in India and the UAE.

Khadija accepts instructions on a range of matters relating to international sanctions, in particular financial sanctions, most recently as a result of Russia’s invasion of Ukraine. She has been involved in complex disputes in this area involving UK, US, EU and UN sanctions.

Notable experience includes:

Advising on the termination of multi-million-dollar swap transactions as a result of international sanctions against major Russian financial institutions, including a consideration of UK, US, EU and UN sanctions and the effect of OFSI and OFAC licences.

Acting for a global aluminium producer against a major international financial institution in a LCIA arbitration with claims and counterclaims in excess of USD 100 million relating to the effect of international sanctions on obligations and termination rights under ISDA transactions.

Advising a major gas processing and LNG production company on remedies available under English law to a beneficiary of several unconditional demand bank guarantees affected by financial sanctions.

Khadija regularly accepts instructions on matters relating to commodities, energy, oil and gas and has been involved in a number of complex disputes acting for traders and producers often on matters that overlap with her other areas of practice.

Notable experience includes:

Acting for an energy trading company in defending a claim in excess of USD 10 million brought by a major international financial institution in a DIFC-LCIA arbitration relating to a futures trading agreement. The dispute arose from circumstances of the severe market disruption and price volatility in the oil market caused by the breakdown of talks between OPEC and Russia over production cuts in the midst of the COVID-19 pandemic.

Acting for a global aluminium producer against a major international financial institution in a LCIA arbitration with claims and counterclaims in excess of USD 100 million relating to the effect of international sanctions on obligations and termination rights under ISDA transactions.

Advising a multi-national corporation on advancing a defence and counterclaim before the High Court in excess of USD 20 million pertaining to the sale of an oil rig.

Advising a major gas processing and LNG production company on remedies available under English law to a beneficiary of several unconditional demand bank guarantees affected by financial sanctions.

Acting for a respondent in ICC arbitration proceedings concerning a dispute over the termination of a supply of float glass contract to the value of USD 15 million.

Further information

MSt New College, Oxford
LLM (Distinction) King’s College London
BA (Honours) SOAS, London

Appointments & Memberships

The Commercial Bar Association (COMBAR)
Arbitral Women
Swiss Arbitration Association

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