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Adriaan Hoeben, Senior Counsel

Adriaan Hoeben

Senior Counsel

Languages

English, Afrikaans

Practice areas

  • Construction and engineering
  • Litigation and dispute management

Practice notes

Adriaan is a senior counsel in the Ligation and Dispute Management practice in Eversheds Sutherland’s Dubai office.

Adriaan is an experienced commercial professional with demonstrated history of working in the law practice industry. He is skilled within Privacy Law, legal compliance, arbitration, dispute resolution and Contract Law, and is currently focusing on contentious construction work and commercial international arbitration.

Before joining Eversheds Sutherland, Adriaan was a Legal Director for Arabtec, the largest contractor in the Middle East. In this role, he conducted adjudications before Dispute Adjudication Boards under the FIDIC forms of contract, arbitration governed by the DIFC-LCIA and the DIAC, and assisted with drafting and negotiating particular conditions as part of both the principle building agreements and subcontracts. In addition, he also advised on and made risk assessments of tenders for construction of large villa developments, prisons for the Federal Authority and new hotel developments.

Before that, Adriaan was appointed as Vice-President: Legal Construction for DAMAC, one of Dubai’s leading property developers. He primarily advised on commercial disputes, including on termination of license and franchise agreements, overseeing Italian based arbitration and litigation, enforcing provisions against the minority shareholder, and advising on ICC arbitrations.

Prior to his move to the Middle East in 2019, Adriaan was based in South Africa where he worked as a disputes lawyer, practising in the commercial arbitration unit and in the construction arbitration unit. He was appointed director (partner) in ENSafrica’s dispute resolution department, having taken partnership in the legacy firm Sonnenberg Hoffman Galombik in 2005. ENSafrica arose out of the merger of Sonnenberg Hoffman Galombik and Edward Nathan Friedland in 2006 and became Africa’s largest law firm. In this role, Adriaan acted for contractors, developers and professionals in disputes relating to residential, commercial and hotel developments and for banks, listed entities and other commercial clients in commercial arbitration. As part of ENS’s expansion into Africa, he assisted the offices in Uganda, Namibia and Barundi with construction disputes concerning large infrastructural projects in those jurisdictions.

 Adriaan's professional activities:

  • Registered member of the Chartered Institute of Arbitrators in London (for commercial international arbitration) (2017)
  • Fellow of the Chartered Institute of Arbitrators in London (for commercial international arbitration) as of 2020
A selection of Adriaan’s experience includes advising:
  • Acting for a significant middle eastern developer in various DAB proceedings under Dubai law. This included claims for prolongation and disruption costs on the Tiara United Towers project with claims to the value of AED 235 million and similar claims on Tiara Hotel project to the value of AED 185 million.
  • Acting in DAB proceedings for a significant middle eastern developer in DIFC-LCIA arbitration proceedings against the EPC contractor in the development of a hotel in Dubai.
  • Acting in arbitration proceedings for the main contractor against a state owned development company in Abu Dhabi, in relation to the construction of a two tower hotel and apartment complex concerning delay and disruption disputes values in excess of AED 1 billion.
  • Acting for a rail specialist subcontractor in a dispute with the main contractor for extensions of time, variations and design disputes, in the extension and upgrade of a metro line
  • Acting for BHP Billiton in an ICC arbitration (conducted in London) against Rio Tinto in a dispute regarding the control of RBM minerals and the associated smelter facilities.
  • Acting for the One & Only Hotel Group against various professional consultants regarding claims for cost overruns on the construction of the five star One & Only Hotel Resort in Cape Town.
  • Acting for Sasol Chemical Industries (Pty) Limited in an NEC3 based arbitration pertaining to a disruption and delay dispute with the piping contractor in the expansion of its wax plant.
  • Acting for Investec Bank Limited against TransUnion (the United States based credit bureau) in a claim for damages arising from deficient financial analysis and advice pertaining to the proposed capitalisation of debt structures.
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