Law Firms

Clyde & Co

Middle East and India: Highway to a new world

Author: caroline.grimshaw@legalweek.com

Published: 29/03/2007 02:30

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According to a taxi driver in Dubai, the only old thing left in the emirate is the sea. It is a common observation, but an outsider could not hope for a more telling insight into the degree of commercial activity in the region. Not surprisingly, that expansion has been mirrored in the legal sector where foreign law firms that have opened up offices in the past three years now significantly outnumber the old hands.

With new launches seemingly taking place every month, it has created a fevered recruitment market for partners with local experience.

Herbert Smith and Lovells, the latest City arrivals, launched this year with Norton Rose finance and corporate partners Nadim Khan and Zubair Mir, and Islamic finance partner Rahail Ali respectively at the helm.

Herbies will take a floor of the coveted Dubai International Financial Centre (DIFC) office space in September. Khan predicts that by then the UK firm will be a six-partner operation with 20 or more fee earners.

Other practices to launch in Dubai during the past two years includes Linklaters, Freshfields Bruckhaus Deringer, Simmons & Simmons and Ashurst — and all are recruiting aggressively in the local market.

Linklaters — arguably the most eye-catching of the new launches — hit the ground running after it poached Clifford Chance’s (CC’s) former local head of corporate, Ewan Cameron, for its launch. It now has four partners and 19 fee earners and is still actively hiring.

Luma Saqqaf, Linklaters' head of Islamic finance for the Middle East, comments: “One of the main reasons for opening in Dubai was to follow our existing clients into the region. We still service primarily the same global clients.”

Ashurst, meanwhile, which has to date maintained a lower profile than expected given its UK private equity and finance strength, recently recruited a third partner from Norton Rose when it hired corporate partner Tahir Ahmed in February, its fourth local partner.

Some argue that Freshfields, despite securing several high profile corporate mandates for client Dubai International Capital (DIC) in Europe, has yet to truly make its presence felt as a local player.

Nonetheless the firm already has 23 lawyers and two corporate partners — Bruce Embley and Joseph Huse —working full-time in its DIFC office.

The early success of the DIFC, which is attracting business with its Western-style regulatory environment, zero tax-rate on profits and no restrictions on foreign exchange or repatriation of capital, goes a long way to explaining the confidence behind the market.

Many of the big investment banks, including UBS, JP Morgan, Merrill Lynch, Morgan Stanley, Goldman Sachs and Lehman Brothers, are all now housed in the glass and steel frame and many have recently expanded their numbers.

Linklaters Dubai projects partner Jonathan Inman comments: “The DIFC is working because it has created a platform from which to do business. The entry requirements are straightforward and transparent and all the necessary infrastructure is in place.”

It is unsurprising that a raft of law firms, including Freshfields, Linklaters, CC, Norton Rose and offshore firms Maples and Calder and Walkers, have set up in the free-trade zone and will soon see Herbies and Allen & Overy (A&O) join their ranks.

Tahir Jawed, the head of Maples’ Dubai arm, which in 2005 became the first local outpost for an offshore firm, says: “The DIFC has made it so much easier to do business. It is always open for business and everyone is here.”

While the DIFC looks to be a success story — a second office block within the zone is still being built and the procedure rules of its own court are currently being finalised — it is nonetheless still regarded by many as an experiment that has yet to prove its lasting worth.


Sadiq Jafar, managing partner of United Arab Emirates firm Hadef Al Dhahiri & Associates, says: “It is great to see that a large number of international institutions are opening and expanding in Dubai. However, the real measure of success for the DIFC will be the number and type of deals being done.”

Meanwhile, the swelling staff numbers within the Dubai arms of UK firms are also evidence that advisers are realising the increasing importance of showing commitment to the region as clients grow in confidence.

One magic circle partner comments: “There has been a change of attitude and an identity shift in the Middle East where they are now saying, ‘you need to play by our rules’.”

Mandates such as Freshfields’ instruction by DIC on its £1.03bn sale of the Tussauds Group to private equity group Blackstone are cited as evidence of the benefits of a presence on the ground. Linklaters advised DIC on the acquisition in 2005.

Early arrivals such as Akin Gump Strauss Hauer & Feld, which came to the region with little fanfare in 2005, are starting to play catch-up. The Texas firm this year recruited its second local partner with the hire of DLA Piper banking partner Chris Sioufi.

Unsurprisingly, aside from a substantial local presence, the other pre-requisite for success in Dubai is a credible practice in the fast-growing Islamic finance sector.


CC Islamic finance specialist Qudeer Latif comments: “Clients are shifting their teams from Europe to Dubai; for example, HSBC, which used to do Islamic finance work from London, has moved that team to Dubai.”

Herbies’ Khan says: “This is a maturing market in which international law firms looking to build an enduring client base need to offer a similar breadth of capability to their teams in Europe and the Far East.”

This recent expansion has put pressure on Dubai’s early entrants to maintain their position. For example, Clyde & Co has grown from 50 lawyers a year ago to 77 fee earners, while A&O stands at nearly 40 fee earners, including four partners. The magic circle firm is also hoping to expand its practice to 55-60 lawyers by the end of the year.


A&O corporate partner Pervez Akhtar, who transferred from London to Dubai last year, told Legal Week: “Clients are now calling about a takeover in the UK or Europe and want to speak to someone on the ground here. Clients are saying they want — as much as possible — deals to be run out of Dubai and it is seen as an edge that we have people that are so experienced here.”

CC, which has likewise been in the region for more than 30 years, last year transferred London partner Debashis Dey to take over as Dubai head of capital markets. Since then the firm has won several headline mandates, including advising Dubai Holding Commercial Operations on a $5bn (£2.5bn) debt programme and the first listing on the Dubai International Financial Exchange (DIFX).

While the presence of so many new arrivals has undoubtedly brought more competitive pressure, the consensus is that, in a market that still values personal contact, a solid track record still allows long-established firms to punch above their weight.

Clyde and Denton Wilde Sapte are two firms that fall clearly into this category. Dentons, which has 37 fee earners and will soon number eight partners, is still regarded as a major presence alongside firms such as CC and A&O.

One magic circle partner comments that firms that would not regularly appear for bluechip clients or the leading banks in London are frequently competing for high-end work with magic circle firms.

However, there is no question that established firms are now rushing to institutionalise their local clients rather than building practices around a few personalities who could walk out the door.

One firm that will be hoping that long-term commitment counts for something will be Norton Rose, which has suffered the brunt of much predatory recruitment over the last 12 months. The firm, which has lost all of its four original partners since its 2003 Dubai launch, will be helped in its revival by the fact that it has been in Bahrain since 1979.

Global head of finance Stephen Parish is bullish, saying: “In addition to internal promotions, transfers from London to Dubai and hires, we will be making sure that we are capitalising on partners such as Campbell Steedman and Tim Marsden who, while not currently based in Dubai, have major exposure to clients in the region.”

As the market matures, different points of view are emerging as to whether the Dubai legal community will become more reflective of the UK’s traditional legal hierarchy.

One magic circle partner comments: “Banks are coming in to Dubai and when they get mandates they instinctively turn to magic circle firms.”

Certainly, clients in the region are becoming more demanding as they are exposed to competition between law firms. Jafar says: “Clients are also increasing their levels of sophistication and are more disposed to engage legal expertise.”

As many start-ups in Dubai pause to catch their breath, more established advisers often have the advantage of being one step ahead when it comes to extending their reach to the rest of the Persian Gulf.

The close geographical proximity of Dubai to Abu Dhabi may make opening an office in both a hard sell to lawyers in distant UK or New York offices, but an increasing number of lawyers in the region regard it as essential.

Within the last three months the oil-rich emirate has relaxed its legislation to make it easier for foreign law firms to set up without a local sponsor and is developing its own financial centre as it moves to compete with Dubai’s drawing power.

A few firms, including Dentons, Trowers & Hamlins and Simmons, currently have a presence in the region.

Dentons head of energy Sean Korney says: “In Abu Dhabi, Sheikh Khalifa has built on the successes of Sheikh Zayed and we are seeing much more in the way of development and new buildings going up. They do not intend to play second-fiddle to Dubai.”

With resources stretched, capital-poor businesses like law firms may find that launching in a competing neighbouring emirate looks like financial suicide.

Dentons Dubai managing partner Neil Cuthbert says: “The challenge is to make it profitable, so we run Abu Dhabi and Dubai together as one financial unit so they are not in competition.”

Firms are also looking to neighbouring Qatar, a centre for much of the projects work in the region, which recently announced the heavyweight appointments of former Lord Chief Justice Lord Woolf as president of the Qatar Financial Centre (QFC) Civil & Commercial Court and William Blair QC as chairman of the QFC regulatory tribunal.

Clyde recently joined Eversheds, Simmons and Washington DC’s Patton Boggs in setting up in the QFC, a move said to be on the ‘serious list’ for at least one other City firm in Dubai.

However, the jurisdiction casting a long shadow over all of these regions is Saudi Arabia. Firms known to be looking at opening in the potentially lucrative but restrictive market include Norton Rose and Dentons.

Cuthbert says: “Saudi is bigger than all the other regions and looking to spend $60bn (£30bn) over the next few years. You can do a lot of work from here but need to be there to understand what is going on in the market.”

Firms already on the ground include CC — which has enjoyed a prized 10-year tie-up with Al-Jadaan Law Firm — Baker & McKenzie, and White & Case, which is currently in talks to attempt to save its alliance with Saudi partner Mohammed Al-Sheikh. And while Freshfields has played down talk of a formal joint venture with Salah Al-Hejailan, it too has moved to tighten up its referral relationship with the Saudi practice.

Saudi lawyers are currently the hottest property in the Gulf — and they know it. One partner at a magic circle firm says: “Saudi is an untapped market; the challenge is in getting local counsel to give due attention to your work.”

Saudi is already allowing some liberalisation in the banking sector, has relaxed the need for foreign banks to set up joint ventures with a Saudi bank and is introducing tax breaks that encourage foreign institutions to set up locally.

Latif comments: “In Saudi in 2001 there were eight licensed banks; in 2007 there are 14. Last year was the first time Saudi licensed foreign banks to open without a local partner and many are looking at opening there.”

One issue that foreign law firms must wrestle with is the difficulty of finding lawyers with the necessary specialist legal and language skills willing to work in the country. As one of the strictest Muslim countries in the region, Saudi has traditionally proved an unpopular choice for law firms.

Freshfields is tackling the problem by hiring Saudi lawyers who have worked outside the region and wish to return, taking them on initially in the Dubai office.

However, other firms, including Norton Rose, are working hard to put together teams to launch a local presence.

Despite the great interest in Dubai’s oil-rich neighbours, many believe that its attraction to foreign businesses is the emirate’s biggest weapon in its bid to become the Gulf’s dominant financial centre.

Linklaters looked carefully at the Middle East before choosing a base in Dubai. Inman says: “It was a difficult choice. For the moment Dubai has the edge. It is where people want to come and it is great for hiring young people.”

Another partner says: “How many people will be keen to uproot their family and bring them to a region without the infrastructure to support them?”

The success of Dubai has created a virtuous circle, as more Western entrants hit the market it becomes desirable to newcomers. This means even firms tired of the predatory raids of newer entrants believe the momentum behind Dubai’s rising status will ultimately benefit the majority of local practices — providing firms can keep their teams functioning through the years of aggressive headhunting.

As one partner, through clenched teeth, admits: “The new entrants into the market have tended to bring up the quality of work and the quality of candidate has gone way up.”

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