Patrick Dillon-Malone

Full Profile

Patrick is a dispute resolution partner in Clyde & Co’s Dubai office; he is a Senior Counsel (Ireland) and barrister (England and Wales) whose practice as an advocate for over 25 years has extended to a broad range of international commercial disputes.

Patrick has practiced in Dubai and the wider Middle East and North Africa region since early 2017. He heads the firm’s Middle East and Africa Advocacy Unit and its focus on strategic support, pleading, and advocacy in cases before international commercial courts and tribunals in the region.

Patrick regularly advises on liability and evidence in developing and ongoing disputes, insurance and regulatory matters, investor and company law disputes, debt recovery and civil fraud. He has acted in several leading cases before the DIFC Courts and has contributed to regional developments on injunctive relief and freezing orders, trusts and foundations, shareholder disputes, jurisdictional conflicts, evidence and procedure, and the enforcement of judgments and awards.

Before moving to the Middle East, Patrick gained significant experience in international contentious matters, including in the UK, France and Spain, as well as in landmark cases before the Irish Courts and the Court of Justice of the European Union. He speaks Fluent French, Spanish and German and is an Accredited Mediator (CEDR) and Member of the Chartered Institute of Arbitrators.

Experience

• Injunctions and freezing orders – successfully acting for US regulator in securing landmark interim and ongoing freezing orders from DIFC Court in aid of US civil fraud recovery claims.
• Civil fraud – acting for claimant in securing interim relief in aid of foreign proceedings and later interim freezing order in complex international civil fraud claim.
• Recognition and enforcement – acting for French arbitration award creditor in enforcing and attaching financial zone securities in the UAE.
• Debt recovery – successfully obtaining summary judgment for US client against UAE trade customer (leading to eventual recovery of debt before onshore Dubai execution courts).
• Insurance and reinsurance – acting for a reinsurer in resisting UAE jurisdiction in reinsurance dispute governed by the Saudi Arabia arbitration agreement.
• Construction and infrastructure – successfully acting for the claimant in the first full trial of a construction dispute before the Technology and Construction Division of the DIFC Court. In addition, acting in three separate applications for interim injunctions exceptionally restraining the encashment of bonds and performance guarantees.
• Shareholder disputes and Company Law – acting for the parent group and claimant shareholders in enforcing nominee shareholder agreements in respect of Dubai LLCs against local UAE partner under DIFC law.
• Insolvency and restructuring – advising on and instituting proceedings on behalf of UK judgment creditor in UAE recovery proceedings against distressed judgment creditor (extra-statutory restructuring of commercial group).
• Private Client, Trusts and Foundations – acting for and representing intervener in the first advisory case before the DIFC Court of Appeal leading to landmark advisory judgment on the DIFC Trusts Law and the DIFC Foundations Law.
• International arbitration – successfully acting for claimant and negotiating and settling claims and counterclaims in media and technology investor dispute before DIFC-LCIA Tribunal.