Securing Joint and Several Liability in a High-Value Cross-Border Investment Dispute

George SK represented and asisted a private client in connection with a high-value, multi-million investment solicited by an unregulated company operating from Downtown Dubai. Although the investment was promoted and facilitated through the UAE entity, the funds were ultimately routed to a regulated foreign company established in a Caribbean island jurisdiction. The client subsequently received neither the promised returns nor repayment of the invested capital. The central challenge was establishing the liability of the UAE-based company, which strongly contended that it had acted only as an intermediary and should not be included in the proceedings. Excluding the UAE entity would, however, have made recovery significantly more difficult, given that the funds had been transferred offshore. Following detailed factual and legal analysis, George developed a strategy to pursue both the UAE company and the foreign entity. The court appointed an expert to investigate the investment arrangements, the movement of funds and the respective roles of the two companies. The evidence demonstrated the UAE entity’s direct involvement in soliciting the investment and facilitating the transaction. The court ultimately issued judgment against both entities on a joint and several basis, enabling the client to pursue enforcement against either company for the full amount awarded. The outcome was particularly significant because it preserved a practical route to recovery within the UAE, notwithstanding the cross-border structure used to receive and transfer the client’s funds.

Result:

A joint and several judgment was obtained against both the UAE-based company and the foreign regulated entity in respect of a multi-million investment claim.