Madelaine Power

Madelaine practised at top-tier UK-headquartered and US-headquartered law firms in Dubai, before returning to practice in London. She has substantial experience in complex contractual and commercial disputes and enforcement proceedings in onshore and offshore Dubai, acting for multinational companies and international law firms across the shipping, real estate, construction, financial services and defence sectors.

Cases of Note:

Dubai (onshore)

• Advised global technology provider on a lease dispute concerning its regional headquarters against a government owned entity and prominent regional landlord.
• Represented clients in proceedings before the Abu Dhabi Rental Disputes Committee and Agency Committees.
• Provided various debt recovery assistance on behalf of contractors or commercial entities concerning bounced cheques and enforcement of judgments.
• Conducted UAE court proceedings concerning restraint and attachment of bond calls, including up to the Court of Cassation.
• Abu Dhabi Court of Cassation proceedings for a state‑owned military contractor (c. USD 14 m).
• Dubai Court of Cassation injunctions enforcing senior management’s non‑compete obligations.

Dubai (DIFC)

• Settled statements of case, pleadings, witness evidence and skeleton argument in an ex parte injunction application in the DIFC Courts against a regional bank and employer to prevent a bond call.
• Settled pleadings and skeleton arguments in DIFC Court proceedings concerning gateway jurisdiction and forum non conveniens.

Madelaine has experience in disputes before the national courts of Oman, the Kingdom of Saudi Arabia and Qatar – from the Court of First Instance to the Court of Cassation. She frequently collaborates with local law firms in the region.

Cases of Note:

Oman

• Advised and settled pleadings for a global shipper in civil proceedings for the recovery of freight and demurrage charges. Also represented in related criminal proceedings in respect of bounced cheques.
• Advised and represented an armoured vehicle manufacturer in criminal proceedings brought against an employee accused of espionage in relation to the supply of defence vehicles.
• Represented a consultant in claims against a Government ministry for out of scope work, EOTs, delay and termination.
• Settled pleadings in respect of a payment dispute concerning the construction of a golf course.
• Drafted and presented submissions to a court-appointed quantum expert in respect of claims concerning the construction of an aluminium rolling mill.
• Represented airport authority defending in project claims concerning the construction of a new terminal.
• Represented a state-owned employer in claims related to the cancellation of a highway electrification project after works had commenced.
• Represented an international bank in breach of trust and fraud proceedings brought against employees from the Court of First Instance to the Supreme Court.
• Advised a global cosmetics provider on establishing operations in Oman.

Kingdom of Saudi Arabia

• Advised an international contractor on breaches of Saudisation requirements and supply of foreign workers.

Qatar

• Advised main contractor for loss and damage to PV panels sustained during a hail storm. Issues included recoverability under CAR policies, force majeure amd rebalancing of the contract.

Madelaine has experience in domestic construction disputes, complementing her international arbitration practice. She advises on disputes arising under standard form contracts including FIDIC and JCT, across the full life cycle of project claims, including delay and disruption, variations, suspension and termination, defective works, payment disputes, pass-through claims, and bond calls. She acts in adjudications and related enforcement proceedings, including as sole advocate, and represents clients in County, High Court and TCC proceedings.

Cases of Note:

• Advised various contractors and employers on entitlement to EOTs, delay, disruption, prolongation, global claims, loss and expense and variations.
• Advised employers on termination claims, LDs and associated losses.
• Represented various contractors in progressing claims for suspension, wrongful termination and repudiatory breach.
• Advised contractors on interim payment disputes and final account reconciliations.
• Advised contractors and employers on payment notices / pay less notices under the Housing, Grants, Construction and Regeneration Act 1996 including ‘smash and grab’ adjudications.
• Represented subcontractors in adjudication enforcement proceedings before the County Court, acting as sole advocate.
• Represented an oil and gas service provider in adjudication enforcement proceedings in the Technology and Construction Court in applications for service out of the jurisdiction and alternative service which contained issues of international enforcement and insolvency.
• Advised on High Court proceedings arising out of construction-related disputes, including claims for injunctive relief and contractual breaches.

Madelaine advises on commercial disputes, enforcement and insolvency-related issues arising in construction and wider commercial matters. Her practice frequently involves the strategic interplay between arbitration, adjudication, court proceedings and insolvency processes, particularly where recoverability and asset preservation are in issue.

She has experience advising on enforcement strategy against financially distressed counterparties including asset tracing, interim relief and cross-border recovery. She also advises on the interaction between insolvency principles and the statutory adjudication regime under the Housing Grants, Construction and Regeneration Act 1996 including issues of set-off, security and enforcement risk.

Cases of Note:

• Advised on insolvency procedure, set-off, and adjudication enforcement where insolvency risk was engaged.
• Advised an employer on contractor insolvency mid-project including termination rights, winding up petitions, administration, creditor strategy and priority.
• Advised on asset tracing, enforcement steps and recoverability in the context of financially distressed counterparties.
• Coordinated with overseas insolvency regimes in cross-border disputes.
• Advised on enforcement of an LCIA award in England (c. USD 300m), including freezing injunctions and asset tracing.
• Advised in Commercial Court proceedings relating to share purchase disputes in the energy sector.
• Advised on a security for costs application in the Commercial Court against a KSA-based counterparty.
• Advised a UAE developer on the availability of worldwide freezing orders in the Commercial Court.
• Assisted in preparation of technical defects evidence for Commercial Court litigation valued at c. GBP 13bn for a GCC airline against an aircraft manufacturer.
• Settled pleadings and advised a FTSE 100 company in a software dispute in the Commercial Court.