Defence Equipment Development Agreements - An Opportunity for the English Speaking Common Law Courts?

Kyiv by Night

Author Roman Naumov  Licence CC BY-SA 4.0  Source Wikimedia Commons

 

Jane Lambert

My last post Demand for English Legal Services in the Gulf expressed anxiety over the long-term future of the Gulf Cooperation Council member states.  I observed:

"It goes without saying that the current hostilities in the region are bad for business, and the longer they continue, the more difficult it will be. Much will depend on the outcome."

Although there has been a ceasefire between the United States and its allies in the Gulf and Iran, the United States Navy's counter-blockade of Iranian shipping has arguably added to the difficulties of restoring normality to the region.

However, there has been at least one development which may stimulate demand for the services of the English-speaking common law courts in the United Arab Emirates and Qatar and the lawyers who practise or would be eligible to practise in them.  President Zelenskyy's visits to the GCC states and the agreements that he has negotiated to develop and manufacture weapon systems based on Ukrainian technology are well-documented (see, for example, Sasha Vakulina What are Ukraine's new Gulf defence deals? Here is what Zelenskyy signed 30 March 2026 in Euronews and Jodesz Gavilan Ukraine Defense Firms See Surge in Foreign Partnership Offers 27 April 2026, The Defense Post).

The implementation of these international agreements will require weapons development agreements between defence contractors in Ukraine, the GCC countries and elsewhere.  Many, if not most, of those agreements will be in English, and they will all need to be construed and applied in accordance with an agreed system of law.  Since the laws which the DIFC, Abu Dhabi Global Markets and Qatar Financial Centre Courts are based on English law there is every reason to suppose that at least some of those parties will submit to the jurisdiction of one of those courts.  As Dubai has a Digital Economy Court which was presided over by fellow Mancunian, Michael Black KC, that would be my personal choice.

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact page at any time.

Demand for English Legal Services in the Gulf

Author Masterdeis Licence CC BY-SA 3.0  Source Wikimedia Commons

 

Jane Lambert

For many years, the members of the Gulf Cooperation Council and neighbouring states have been a large and growing market for British goods and services.  To support suppliers of those goods and services, many British law firms and some chambers have established a presence in the region.  The Dubai International Financial Centre, Abu Dhabi Global Market and the Qatar Financial Centre have set up English-speaking common law courts to resolve disputes within their jurisdictions.

I have been following those developments in this publication for over 15 years.  Stephen Somerville, one of our most senior staffers, has made several visits to Dubai to promote the services of our members.

It goes without saying that the current hostilities in the region are bad for business, and the longer they continue, the more difficult it will be.  Much will depend on the outcome.  For instance, whether the US and Israeli forces break Iranian resistance or harden it and the type of regime that eventually emerges in Tehran.   In that regard, it must be remembered that countries have interests and that a more liberal successor to the present theocracy may not have altogether different ambitions.   Russia can no longer be described as a socialist state, but its conduct in international affairs is not very different from that of the former Soviet Union.  

For the moment, the courts continue to sit.  Both the DIFC and the ADGM courts have delivered judgments since 28 Feb 2026.  I am reminded of an observation by Sir Robin Jacob when he spoke in Leeds last month (see Robin Jacob Visits Leeds 1 March 2026 NIPC Yorkshire).  He said that while Adolf was pounding the United Kingdom, the House of Lords was deciding King Features Syndicate Inc. v Kleeman (O. & M.) Ltd, [1941] A.C. 417 | [1941] 2 All E.R. 403 | [1941] 5 WLUK 46.  That case moulded product design law in the UK and much of the Commonwealth until 1989.   In some areas of the law, such as frustration of contracts and force majeure, there may even be an uptick in work in the short term, as there was in London immediately after Suez.  

I shall continue to monitor developments and report the more significant ones here.  Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during office hours or send a message through my contact form at any time.