Middle East
Shaun Johnson graciously provided additional context regarding how he first began operating in the Middle East, which illustrates one paradigmatic example of how international GCs and in-house counsel have made a shift towards working in the region, as well as what it was like to witness numerous social and legal changes take place. He explains: ‘The jurisdictions I have previously worked in have all been common law jurisdictions whereas the Middle East is mostly based on the principles of civil law. I have spent over six years in Saudi Arabia, where I have seen reform on a massive scale – not just social and economic, but also from a legal perspective. For example, we now see the Saudi Centre for Commercial Arbitration (SCCA) being mandated for use within dispute resolution clauses. Whilst it is relatively young in comparison to other arbitration centers globally, its use is becoming more and more widespread.
He continued, saying: ‘Another example in Saudi is the development of centers of excellence within the public sector, which preside over the procurement and the use of standard forms for two reasons: one to ensure a level playing field for all parties when competing for business and two, so as not to recreate the wheel when it comes to contracting. Certainly, towards the end of my tenure in Saudi Arabia, I did in fact see commoditisation of certain sectors and the prolific use of standard form contracts. Having now moved to the UAE in 2022, I can say that there are some areas of legal reform which led the way globally with other areas still needing improvement. However, I believe the legal system in the UAE is as robust as any other more “mature” (ie older) legal system globally and for a country so young (ie it became a federation of emirates in 1972), this is an achievement in and of itself.’
