In this course, we will discuss regulatory claims, particularly financial mis-selling disputes in the DIFC Courts, with a focus on the Dubai Financial Services Authority (the “DFSA”) and the Financial Markets Tribunal (the “FMT”), including the DIFC Courts’ and the FMT’s approach in dealing with and handling such claims.
The topics that will be discussed shall include: (i) types of regulatory claims; (ii) what is financial mis-selling; (iii) when can a claim for financial mis-selling be made; (iv) what remedies are available for a financial mis-selling claim; (v) how to make a financial mis-selling complaint to the DFSA; (vi) applicable rules and laws governing the DFSA; and (vii) relevant case studies.
The course will be delivered in person at the DIFC Academy campus at Gate Village 2. Nearest landmarks would be SaltBae Restaurants and Four Seasons Hotel.
Alastair Tomson, Barrister - 4 Stone Buildings
Alastair is a seasoned senior junior barrister with experience of written and oral advocacy and advice in significant instructions in the High Court and Court of Appeal, in banking and financial services, company law, insolvency, and heavyweight commercial disputes. His practice also encompasses international arbitration under ICSID, ICC, LCIA and UNCITRAL rules.
He also has experience of cryptocurrency litigation, and represented one of the parties in the well-known Dooga/Cubits case in international arbitration proceedings where theft of c.USD 30 million of Bitcoin was alleged.
Alastair has a flourishing Middle East practice where he is frequently led in high profile cases by top-flights silks in and outside of Chambers. He is well versed in DIFC law and procedure, as well as having familiarity with issues of UAE law. He has a loyal and growing client base in Dubai and is spending increasing amounts of time in the Emirate.
He has been involved in some of the leading cases in the DIFC, including the long-running Al Khorafi v Bank Sarasin Alpen proceedings at first instance and on appeal; and also Childescu v Gheorghiu – high-value multi-party multi-jurisdictional proceedings centered on the DIFC relating to an alleged fraud which gave rise to several novel questions including the application of the reflective loss principle in the DIFC.
Alastair is registered in Part II of the Dubai International Financial Centre’s Register of Legal Practitioners. He regularly speaks in the DIFC on legal matters.
Robert Whitehead, Partner and Head of DIFC & International Arbitration - Hamdan Al Shamsi Law Firm
Robert is a UK qualified Solicitor and a Part I and Part II DIFC Courts Registered Practitioner with over 10 years' experience in dealing with issues relating to the laws of England and Wales, the laws of the DIFC and UAE Federal laws. Robert acts for local and international companies, as well as charitable organisations, in complex litigation, and has extensive experience as a litigator in the UK, DIFC, and ADGM Courts. Robert’s main areas of expertise are construction and financial mis-selling disputes with regulatory aspects before the DIFC Courts, where he has acted for clients in some of the most high profile and complex regulatory claims in Dubai, brought by the DFSA, before the FMT. Select