Rich Gibbon is a member of our Government Investigations & White Collar Practice and has been based in the Middle East for eight years. He has a wide range of experience representing multinational corporates and other clients across the Middle East, North Africa, India Pacific, Levant, and Europe in connection with anticorruption and economic sanctions regimes and was recently recognized as “Leading White Collar Crime Adviser of the Year – UAE.” Rich also lectures and acts as thesis advisor at the Paris-Sorbonne University in Abu Dhabi on the International Business Law Master’s Degree.

Specifically, Rich has counselled clients across the defence and security, electronics and technology, industrial services, medical devices and therapies, natural resources, pharmaceutical, oil and gas, retail, and sporting sectors, in major US Foreign Corrupt Practices Act (FCPA) and UK Bribery Act (UKBA) representations in Algeria, Bahrain, Brazil, Germany, Hong Kong, Hungary, India, Israel, Iraq, Jordan, Libya, Oman, Pakistan, Qatar, Saudi Arabia, Singapore, Syria, Tunisia, and the UAE. He has conducted internal investigations into alleged misconduct and international investigations into alleged noncompliance by foreign agents and business partners, he has addressed the implications of relevant laws in the context of M&A due diligence, he has analysed and developed business conduct standards and compliance controls, and he has provided training sessions.

Rich has also advised on the scope of economic sanctions administered by the US Treasury Department's Office of Foreign Assets Control (OFAC) and has guided clients when responding to criminal and civil government inquiries. Rich is presently assisting several different banks and financial institutions across the Middle East, Levant, and Europe with the investigation of potential violations of US sanctions laws and representation before OFAC, the US Department of Justice (DOJ), and other US and home-country enforcement agencies and regulators.

In addition, Rich has maintained a commercial disputes practice. He has represented clients in DIAC, DIFC-LCIA, LCIA, LMAA, ICC, and UNCITRAL arbitrations and in litigation before the English High Court, the Dubai Court, the Sharjah Court, and the Dubai International Finance Centre (DIFC) Court in disputes arising out of bilateral investment treaties, contractual and statutory interpretation, LNG projects, and complex shareholdings, across a range of sectors including commodities trading, construction and engineering, banking and finance, hospitality, and power and energy.

Award Mouse thought multimedia interface book medal screen monitor

Government Investigations & White Collar

  • Advising Siemens AG’s Audit Committee in connection with a worldwide white collar crime investigation into possible corrupt payments to government officials, which led to an early settlement of approximately US$1.6 billion.
  • Advising the world's largest medical devices and therapies company with respect to six separate and distinct Foreign Corrupt Practices Act (FCPA) and UK Bribery Act (UKBA) inquiries in India, including conducting internal and key distributor investigations into alleged improper payments to government health care professionals, advising on the development of the company's internal business conduct standards and third party compliance procedures, and reporting to the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC) as to the same (resulting in a formal declination).
  • Advising the world’s largest retail corporation with respect to several separate and distinct FCPA and UKBA inquiries in India, including conducting internal investigations into alleged improper payments and alleged issuance of improper benefits to government officials, and reporting to the DOJ and SEC as to the same.
  • Advising a member of the ruling family of the Emirate of Dubai following an internal investigation touching upon the motorsport industry and Brazil.
  • Advising a major international pharmaceutical company with respect to an FCPA and UKBA inquiry in Iraq, including conducting internal and key distributor investigations into alleged improper payments to government health care professionals.
  • Advising a major international metals company with respect to the voluntary disclosure to the DOJ and SEC of alleged improper payments made to government officials in Bahrain.
  • Advising a major multinational technology and consulting corporation with respect to three separate and distinct FCPA and UKBA inquiries in Algeria and Tunisia, including conducting internal investigations into alleged improper payments to government officials.
  • Advising a global oilfield product-manufacturing company with respect to FCPA-related due diligence on a host of its foreign agents and business partners operating across the MENA and Levant Regions.
  • Advising one of the world’s largest oilfield services companies with respect to the business competence and integrity of the foreign agents and business partners of prospective acquisition targets across the MENA and Levant Regions.
  • Advising a worldwide industrial services and engineered solutions company with respect to FCPA and UKBA issues in the Kingdom of Saudi Arabia, including advising on the development of the company's existing internal compliance controls and the creation and implementation of supplemental anti-corruption compliance program components.
  • Advising a major private security company in its internal investigation into various allegations of insurance fraud and other impropriety during its performance of a subcontract below the US Government in Afghanistan.
  • Advising a major Middle Eastern media conglomerate with respect to the proposed dissemination of information (including content from US network partners) into several MENA countries in the context of US sanctions regulations, and also provided OFAC, FCPA, UKBA, anti-boycott, and anti-money laundering compliance training to the company's in-house legal team.
  • Advising a major Middle Eastern real estate development company with respect to the proposed marketing and/or sale of real estate in Dubai to Iranian nationals in Iran in the context of US and EU sanctions regulations.
  • Advising a Middle Eastern government-owned ports operations company with respect to its proposed expansion into several countries in Africa in the context of US sanctions regulations and other laws.
  • Advising a Middle Eastern large-scale entertainment, leisure, retail and shopping malls company in the production of “business friendly” guides to US and EU sanctions regulations against Iran and Syria.
  • Presently assisting several different banks and financial institutions across the Middle East, Levant, and Europe with the investigation of potential violations of US sanctions regulations and representation before OFAC, the US Department of Justice (DOJ), and other US and home-country enforcement agencies and regulators.

International Dispute Resolution

  • Advising a major international construction company in a US$110 million ICC arbitration subject to Qatari law brought by a subcontractor in relation to the export of liquefied natural gas (LNG) from Qatar. The dispute focused on the world's first "Super Trains" (or LNG liquefaction and purification facilities), each producing 7.8 Million Tons of LNG per year, and involved the subcontractor's claims for disruption, delay, prolongation, and acceleration, counterclaims for backcharges, and the final account between the parties.
  • Advising Al Fattan Engineering LLC and Al Fattan Properties LLC in their successful jurisdictional challenge to a DIFC Court of First Instance (CFI) claim brought by a mechanical and electrical works subcontractor arising out of the Al Fattan Tower Currency House development in the DIFC. This case overruled a previous DIFC CFI judgment that practically denied any party that falls within the DIFC Courts' jurisdiction the freedom to agree to arbitrate in the forum and under the rules of its choice. This is a seminal and widely-acclaimed decision with respect to the extent and proper application of the DIFC Courts' jurisdiction.
  • Advising a major MENA Region project management company in the effective transfer and enforcement of a DIFC-LCIA Arbitration Award in Kuwait. This involved only the second applications in the history of the DIFC Court for the ratification of a DIFC-LCIA Award and the subsequent execution of the DIFC Court-ratified Award in the Dubai Court.
  • Advising Standard Bank with respect to litigation in the UAE (Dubai and Sharjah) Courts and parallel LCIA proceedings subject to English law against various other regional banks and metals companies concerning the disputed ownership of millions of dollars of precious metals in the UAE.
  • Advising the Khalilifamilienstiftung (Khalili Family Trust), a prestigious Liechtenstein-based trust that is heavily involved in the art world, in relation to a multijurisdictional dispute including litigation in the Dubai Court and the English High Court.
  • Advising a major Russian investment group in a LCIA arbitration subject to English law arising out of a dispute with a high net worth Russian individual as to their competing interests in a Russian energy company worth approximately US$775 million. This matter also involved a series of applications for interim relief to the English High Court, the British Virgin Islands High Court, and the Isle of Man High Court.
  • Advising the family and principal heirs of Arkady “Badri” Patarkatsishvili, a former Georgian presidential candidate, pursuant to alleged fraudulent claims in six jurisdictions concerning the beneficial ownership of assets worth US$6-12 billion.
  • Advising a Swedish bio-fuel producer and supplier in a LMAA arbitration subject to Swedish law arising out of a dispute with a potential Swiss purchaser as to bio-ethanol futures contracts.
  • Advising one of the world's largest producers of alumina in an ICC arbitration subject to English law arising out of alleged breaches of an alumina sale and purchase contract.
  • Advising one of the world's largest traders of steel billets in a LCIA arbitration subject to English law arising out of short delivery and other alleged breaches of contract.
  • Advising a Malaysian tsar and his luxury vehicle importation business in English High Court litigation against a former business partner arising out of alleged breaches of contract.
  • Advising Emirates Capital Limited, a corporate finance boutique, in DIFC Court litigation against Monte Carlo Stars Restaurant, a Dubai-registered restaurant group, arising out of alleged breaches of contract.

Education

  • University of Cambridge, Clare College, M.A., Law, 2010
  • BPP Law School, L.P.C., 2007
  • University of Cambridge, Clare College, B.A., Law, 2006

Admissions

  • England and Wales, 2009
{{blog.displayDate}}
{{blog.title}} {{blog.source}}

Speaking Engagements

  • How to Deal with Public Officials When Doing Business in EMEA, Anticorruption Compliance EMEA Summit, Dubai (UAE), November 12, 2015.
  • How to Deal with Cross Region Investigations & Extradition Treaties between Countries, Anticorruption Compliance EMEA Summit, Dubai (UAE), November 11, 2015.
  • Anticorruption Boot Camp, Global Legal ConfEx, Dubai (UAE), October 7, 2015.
  • Masterclass on High Profile Enforcement Actions & Government Investigations, Global Legal ConfEx, Dubai (UAE), October 7, 2015.

Publications

  • Nejlepším nástrojem je prevence” (“Prevention is the best tool”), EURO, June 27, 2016.  Article focusing on certain compliance considerations that Central and Eastern European investors and businesspeople should be cognisant of when doing business in the UAE.
Award Mouse thought multimedia interface book medal screen monitor