David Hume

David Hume

Partner

David advises and represents multinational and State-owned companies in relation to their most sensitive and complex disputes, including commercial arbitrations under the ICC and LCIA Rules, as well as large-scale construction and engineering disputes in institutional and ad hoc arbitration, Dispute Board proceedings, and related litigation.

His expertise spans disputes relating to aviation, energy, mining and natural resources, projects and construction, mergers & acquisitions, joint ventures and shareholder agreements, and financial services. He has experience of arguing cases under a wide range of governing laws, including those of the UAE, Saudi Arabia, Qatar, Oman, Kuwait,  South Africa, and England. 

David is listed as a Future Leader in Arbitration by Who’s Who Legal, a Next Generation Partner in Construction by Legal 500, and as a leading practitioner in The Legal 500 Arbitration Powerlist for the Middle East. Clients say he “has exceptional drafting skills, is up-to-speed at all times, and never off-guard”, and that he is “smart, eloquent and very strong on explaining concepts” and “always accessible, available, and highly adaptable”.

Experience

Representative matters

Two international construction contractors, Respondents in an ICC arbitration in London brought by a Middle Eastern State entity. The dispute arises out of the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applies. USD 3.7 billion is at stake.

A heavy equipment supplier and contractor in relation to an arbitration and a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over USD 2 billion. The law of the country of the projects applied.

A major refining company on a significant refinery development project, in two ICC arbitrations involving claims relating to COVID-19 related measures. The law of the Middle Eastern State applies.  More than USD 1 billion is in dispute.

An international consortium of contractors, Claimants in ICC arbitration against a Middle Eastern State. The dispute arose out of the design and construction of an airport. The law of the Middle Eastern State applied. Close to USD 1 billion was at stake.

A Middle Eastern company in the aviation sector, Claimant in three LCIA arbitrations in Jeddah and Riyadh against a Middle Eastern aviation services partnership and a Middle Eastern airline concerning unpaid contractual entitlements. The law of the Kingdom of Saudi Arabia applied. 

A Middle Eastern energy company, Claimant in an ICC arbitration in Abu Dhabi against a Middle Eastern insurance company. The dispute arose from the termination of an insurance policy.  The law of the Middle Eastern state applied.

International disputes – Commercial

A Middle Eastern company in the aviation sector, Respondent in eight LCIA arbitrations in London against a European aircraft components supplier. English law applies.

A Middle Eastern energy company, Claimant in an ICC arbitration in Abu Dhabi against a Middle Eastern insurance company. The dispute arose from the termination of an insurance policy.

A Middle Eastern company in the aviation sector, Claimant in three LCIA arbitrations in Jeddah and Riyadh against a Middle Eastern aviation services partnership and a Middle Eastern airline concerning unpaid contractual entitlements. Saudi law applied. 

A European defence manufacturer on issues of Saudi law relating to their defence of claims arising out of a Saudi joint venture agreement, with the dispute subject to ICC arbitration.

The Middle Eastern agent of a European defense and construction services group, coordinating the client’s litigation/arbitration strategy (both in local courts and in Europe) to protect its interests in a lucrative exclusive agency arrangement. 

A major multinational FMCG company on the availability of BIT protections in relation to regulatory measures.

International disputes – Construction

A Middle Eastern company, as project owner, in a series of disputes with two sets of international EPC contractors in respect of a major water desalination project. The law of the Middle Eastern State applies and the contracts provide for ICC arbitration seated in that State.

A European energy company in disputes arising out of three projects for the design, supply and installation of energy substations in high profile urban development projects in Dubai, including a DIAC arbitration in respect of one of the projects. The contracts are governed by the Laws of Dubai and the Federal Laws of the UAE.

A major refining company on a significant refinery development project, in two ICC arbitrations involving claims relating to COVID-19 related measures. The law of the Middle Eastern State applies.  More than USD 1 billion is in dispute.

A Saudi Arabian state-owned developer in relation to claims and counterclaims in respect of the development of a major tourism project.  Saudi law applies, with disputes to be referred to the SCCA.

Two international construction contractors, Respondents in an ICC arbitration in London brought by a Middle Eastern State entity. The dispute arises out of the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applies. USD 3.7 billion is at stake.

A heavy equipment supplier and contractor in relation to an arbitration and a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over USD 2 billion. The law of the country of the projects applies.

A multinational consortium on claims of more than USD 500 million related to the construction of an urban rail project in a major Middle Eastern city.  The laws of the Middle Eastern state apply.

A large energy multinational in a complex construction dispute worth over USD 1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute includes issues of delay and defects. English law applies.

An international consortium of contractors, Claimants in ICC arbitration against a Middle Eastern State. The dispute arose out of the design and construction of an airport. The law of the Middle Eastern State applied. Close to USD 1 billion was at stake.

A European energy infrastructure company in an ICC arbitration in London brought against a North American subcontractor. The dispute arose out of a project for the construction of a major solar field in the Middle East. Issues included defective equipment and critical delays in the overall project. English law applied.

Two African subsidiaries of an international mining and exploration company, Respondent in an ICC arbitration in London initiated by a South African contractor. The dispute arose from an EPCM contract in relation to a mine expansion project in Sub-Saharan Africa. English law applied.

A European contractor, Claimant in an ICC arbitration in London brought against a Middle Eastern owner. The dispute arose from a contract for the conversion of a simple cycle power plant to combined cycle technology. English law applied.

A Middle Eastern State-owned company on its response to COVID-19 related claims from a major international EPC contractor arising from a crude storage facility in the Middle East.

Litigation

On English High Court proceedings challenging arbitral awards under ss. 67 and 68 of the English Arbitration Act 1996.

Supervising local court proceedings and advice in the UAE, Saudi Arabia, Oman, and Kuwait in relation to a range of commercial and construction-related disputes and enforcement-related matters.

Appearing in NZ High Court proceedings including in relation to termination of a partnership worth approximately NZD 60 million (Kaiwarua-Ealing Limited v Pullington Investments Pty Limited [2012] NZHC 2226), and judicial review of Health Board decision-making processes (Healthcare of New Zealand Limited v Capital and Coast District Health Board HC Wellington CIV-2011-485-1998 [2011] NZHC 1395). (previous firm experience)

The directors and shareholders of a complex, closely-held financial concern on matters relating to their placement into statutory management and related litigation. (previous firm experience)

Secondee to the Legal Department of a major Australasian bank, developing internal regulatory compliance controls. (previous firm experience)

Pro bono

Advising a North African State on its ability to identify and recover the proceeds of natural resources stolen by armed insurgents.

Advising on refugee and migrant resettlement and leave to remain applications, and non-molestation orders in the English courts.

Assistance with AMICUS in relation to US death penalty cases.

Published Work

  • Hume, David, (2021) (with E. Taylor and R. Raheja) “Contractors beware: strict compliance with notice requirements following Maeda v Bauer”, Singapore IBA Asia Pacific Regional Forum
  • Hume, David, (2020) (with A. Bevan, A. Nordang and Y. Diabaté) “Remote Hearings: Effectively Navigating the New Frontier”, Dubai, The UAE Arbitration Yearbook 2020
  • Hume, David, (2016-2020) “Global Arbitration Review, Investment Treaty Arbitration Know-how”, London: GAR]
  • Hume, David, (2012) (with Dr A. Butler) “When is a trustee ‘dishonest’?”, Wellington, New Zealand Law Journal

Speaking Engagements

  • Speaker, “Successfully Delivering Mega-Projects under the new Civil Transactions Law”, Riyadh International Disputes Week, Riyadh, March 2023
  • Speaker, “Variations in Construction contracts”, SCL - India International Conference, New Delhi, December 2023
  • Speaker, “Arbitration v Mediation — Different Regions Different Options on Dispute Avoidance”, Saudi Arabia and Middle East International Arbitration Summit, Riyadh, November 2023
  • Speaker, “Arbitration Across Generations”, Dubai Arbitration Week, DIFC, November 2023
  • Moderator, “Ask the Experts”, Society of Construction Law (Gulf) and CIArb YMG, Abu Dhabi, October 2023
  • Speaker, “UAE Roadshow for the 2023 SCCA Rules”, ADGM, June 2023
  • Speaker, “Practical considerations around the parties’ intent under civil law contracts”, Colloquium on Good Faith and Contract Interpretation in MENA and Beyond, ADGM, May 2023
  • Moderator, “Applicable laws, jurisdictions, and enforceable awards”,  GAR Live – Abu Dhabi, ADGM, January 2023
  • Speaker, “Energy transition disputes”, GAR Live – Dubai, DIFC, November 2022
  • Moderator, “Managing Risk in the Energy Transition”, Dubai Arbitration Week, DIFC, November 2022
  • Speaker, “Bonds and Guarantees on Construction Projects” with our Society of Construction Law (Gulf), ADGM and Dubai, February 2024
  • Speaker, “A tour d’horizon on the latest trends in international arbitration MENA,” 10th ICC MENA Conference on International Arbitration, Dubai, May 2022
  • Speaker, “The effect of Covid-19 on construction projects – claims, strategies, and tactics,” GAR Live – Abu Dhabi, ADGM, February 2022
  • Speaker, “Transformation in the Legal Sector,” ADGM Knowledge Series 2020, Mumbai, February 2020
  • Speaker, “A tour d’horizon on the latest trends in international arbitration MENA”, 10th ICC MENA Conference on International Arbitration, May 2022
  • Speaker, “The effect of Covid-19 on construction projects – claims, strategies, and tactics”, GAR Live, January 2022
  • Speaker, “Transformation in the Legal Sector”, ADGM Knowledge Series, February 2020

Leadership Positions And Professional Affiliations

  • Co-ordinator, Society of Construction Law (Gulf), Abu Dhabi
  • Member, London Court of International Arbitration (LCIA) Users’ Council
  • Member, Young ICCA
  • Member, LCIA Young International Arbitrators Group (YIAG)
Recognition
David Hume is always accessible, available and highly adaptable.
Legal500, 2023
David Hume has exceptional drafting skills, is up-to-speed at all times, and never off-guard.
Legal500, 2023

Awards

  • Future Leader, Arbitration, Who’s Who Legal (2023)
  • Next Generation Partner, Construction, Legal 500 (2023)
  • Leading Practitioner, The Legal 500 Arbitration Powerlist for the Middle East (2023)

Qualifications

Admissions

New Zealand, 2009
England and Wales, 2014

Courts

DIFC Courts, Part II Registered Practitioner (with full rights of audience), 2020

Academic

B.A., Philosophy, French, University College Dublin, 2002
LL.B. (Hons.), Law, Victoria University of Wellington, 2009

Languages

English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.