Tarek is bilingual and specialises in dispute resolution, particularly in the offshore oil and gas and shipping sectors
Tarek commenced his training with Ince and has qualified as an associate in the Energy & Infrastructure Group, where he advises a broad range of clients including offshore contractors, owners, charterers and P&I Clubs. He has worked on cases in the English High Court as well as London arbitration proceedings.
Tarek has first class Arabic legal and business language skills. Having completed a civil law degree (in Arabic) and spent time at the firm’s Dubai office, he is able to provide invaluable assistance to MENA based clients in cross-border and multi-jurisdiction proceedings.
My matter highlights
Representing the guarantor in a LMAA arbitration arising out of a dispute concerning the contractual interpretation of refund guarantees.
Acting for the owner in an ICC arbitration concerning the construction of a FSO vessel and involving VORs and LDs issues.
Assisting a seismic survey contractor in defending a multi-million dollar DIFC-LCIA arbitration claim.
Acting on a high-value offshore rig construction delay dispute in the English Technology and Construction Courts between a fabrication contractor and the operators.
Acting for a Hong Kong based shipowner in a general average claim brought in the English Commercial Courts against cargo interests and their insurers.
My recent publications
News / High Court rules on interpretation of termination for convenience clause
02-11-2022 / Energy & Infrastructure
Optimares S.p.A. vs. Qatar Airways Group Q.C.S.C 2022 WL 06175341 (2022) A termination ‘for convenience’ clause generally allows the cancellation of a contract without fault in circumstances where performance is no longer required or the terminating party finds, at its will, that the agreement should be abandoned.
News / Refund guarantees – avoiding drafting pitfalls
12-05-2022 / Energy & Infrastructure
Refund guarantees are often described as the cornerstones to shipbuilding projects and the buyer’s main security. Although they do not strictly form part of the shipbuilding contract, a shipbuilding project is unlikely to go ahead at all without one. It is therefore important to understand the different types of guarantee instruments, and the impact each has in practice on the guarantor’s obligations to pay and the buyer’s entitlement to recovery. A well-drafted guarantee provides certainty to the parties and strikes a balance between their respective entitlements and obligations.
News / You will be estopped if you cross the line
04-04-2022 / Energy & Infrastructure
Estoppel is a useful tool in litigation, which is usually used to bind one party to a statement or a promise that it has previously expressed causing another to accept or adopt it for the purpose of their legal relations. The Court’s recent ruling in Geoquip Marine Operations AG v (1) Tower Resources Cameroon SA (2) Tower Resources PLC addresses estoppel by convention and recognises the requirement for the common assumption created between the parties to be clear and unequivocal. In this article, we focus on the specifics of the Court decision.
Insights / Publicity order granted in first reported case under the Trade Secrets (Enforcement, etc.) Regulations 2018
09-02-2022 / Maritime
Salt Ship Design AS v. Prysmian Powerlink SRL  EWHC 3583 (Comm)
Insights / Court considers breach of confidentiality and unlawful conspiracy claims in ship design dispute
18-10-2021 / Maritime
Salt Ship Design AS v. Prysmian Powerlink SRL  EWHC 2633 (Comm)
Insights / Supreme Court clarifies lawful act of duress
21-09-2021 / Energy & Infrastructure
In Times Travel (UK) Ltd v Pakistan International Airlines Corporation (Rev 2)  EWCA Civ 828, the Supreme Court confirmed the existence of the doctrine of ‘lawful act duress’ under English law and its limited scope in commercial transactions.
Insights / Court of Appeal emphasises importance of language used in construing nature of guarantee
09-08-2021 / Maritime
Shanghai Shipyard Co. Ltd. v. Reignwood International Investment (Group) Company Limited  EWCA Civ 1147
Insights / The High Court reminder: Where does liability for decommissioning costs lie?
24-05-2021 / Energy & Infrastructure
Apache UK Investment Limited v. Esso Exploration and Production UK Limited  EWHC 1283 (Comm)
Insights / Take or pay: does a breach of capacity obligation cause loss?
09-02-2021 / Energy & Infrastructure
British Gas Trading Limited v Shell UK Limited, Esso Exploration & Production UK Limited  EWCA Civ 2349
Insights / Economic duress or commercial leverage? The Court of Appeal clarifies the scope of “lawful act duress”
25-03-2020 / Energy & Infrastructure
It is a well-established principle of English law that a contract resulting from a threat of an unlawful act or omission may be avoided at the option of the aggrieved party. The Court of Appeal’s decision in Times Travel (UK) Ltd v Pakistan International Airlines Corporation (Rev 2)  EWCA Civ 828 provides a long-awaited clarification on whether a contract may be avoided if it is entered into following pressure involving a threat to do something lawful i.e. “lawful act duress”.