Chris O’Donnell wins $3.7m legal battle with Nakheel

  • Share via facebook
  • Tweet this
  • Bookmark and Share
Nakheel banners

Nakheel banners

Chris O’Donnell, former CEO of Nakheel, told Arabian Business he felt “entirely vindicated” after he was successful his legal battle against the state-backed Dubai developer.

The Dubai World Tribunal on Thursday awarded O’Donnell $3m in overdue long-term incentive payments and AED916,893.93 ($249,624) in days in lieu he had worked and was contractually entitled to.

“I am very pleased to have had the matter resolved and my claim upheld,” O’Donnell told Arabian Business.

“Whilst I have been entirely vindicated by the Dubai World Tribunal, I am naturally disappointed that, despite my best efforts at compromise the matter was not able to be resolved amicably without the need to take costly legal proceedings that vented Nakheel’s internal business in a public forum,” he added.

O’Donnell had also claimed sums related to currency fluctuations, which were dropped, and airfares for him and his family, which were partially upheld.

Nakheel had tried to counter the claims by arguing that O’Donnell resigned before the end of his fixed-term tenure and thus was not entitled to his five-year incentive payment.

In a trial hearing in December, lawyers for the developer claimed the former CEO had failed to perform his duties and had “hung around” in order to complete his term and collect his payment.

Tim Taylor, for Nakheel, remarked that O’Donnell had received “a large amount of remuneration and had left a company that the government has had to bail out.”

Matthew Showler from law firm SJ Berwin said Nakheel was “disappointed” by the judgment and held the believe the appropriate avenue for the dispute should have been the Ministry of Labour

“Our client stands by its decision to rigorously defend Mr O’Donnell’s claim. It is our client’s position that the federal law prescribes that Mr O’Donnell’s claim should have been brought to the Ministry of Labour… This is a view that is held by the Ministry of Labour,” Showler told reporters on Thursday.

Interest and costs in the case have yet to finalised.

Nakheel said in September it wrote down AED78.6bn ($21.4bn) from the value of its real estate during the Dubai debt crisis, which saw house prices in the city fall more than 60 percent from their peak.

The company made hundreds of staff redundant as it struggled to stem losses.

Former Nakheel General Counsel David John Nicholson last August won a AED752,000 ($205,000) ruling against the developer after his role was terminated with a month’s notice.

Read Chris O'Donnell's statement in full here.

Read Nakheel's statement in full here.

Join the Discussion

Disclaimer:The view expressed here by our readers are not necessarily shared by Arabian Business, its employees, sponsors or its advertisers.

Please post responsibly. Commenter Rules

Posted by: Rado

chris to is to be blamed as he was the CEO for five years... he should be held liable for all investor woes.

Posted by: Business Man

Congratulations Chris!

Posted by: Serge

I do not believe Nakeel will give up. Wait for the appeal. I have yet to see the little man win.

Posted by: harmony

Nakheel are having a very bad week - shame. We might even soon begin to believe that there is some justice in Dubai (or if you use the DIFC/DW courts anyway).
Good luck to Chris actually getting the money out of them - he'll need it. A judgement is one thing, getting them to actually pay the money is another.

Posted by: Red Snappa

Another supporting case for making use of DIFC as an international legal hub, it was a smart move to promote this aspect on behalf of Dubai's leadership. If other companies see DIFC as an even-handed environment that dispenses justice according to international standards, then legal business will follow.

This case was a Dubai World matter, Nakheel was in every respect a Dubai World entity throughout Chris O'Donnells employment period. Therefore personally, I feel that as an international conglomerate, owing many billions to multi-national organisations, this had little to do with local courts and the Ministry of labour.

If this approach had not been taken i.e. using an international standard legal environment within Dubai, the firms DW and its subsidiaries would have been taken to court in other jurisdictions where they owned assets to settle debt. In my opinion the outcome would have been far worse, had the DIFC environment not been invoked as a legal process for creditors.

All comments are subject to approval before appearingTerms and conditions

Further reading

Features & Analysis
'Cruise with Nakheel' is offering an inside glimps of ongoing construction on Palm Jumeirah

Palm Jumeirah: Frond N project

New $80m project keeps development moving on Nakheel's iconic...

4

Real estate in Ras Al Khaimah

The $1.9bn Al Hamra Village is at the front line of Ras Al Khaimah...

4
organ Stanley, dubbed 2012 'The Year of the Landlord'

Rise in rental demand lifts US housing sector

With unemployment and home foreclosures rising, many Americans...

Most Discussed
  • 142
    Etisalat warns customers of phone call scam

    I just got a call from this number +971507896582 stating that I won 500000AED and that i should check the back of my sim card for some numbers and call... more

    Friday, 25 May 2012 3:04 PM - haja
  • 39
    Saudi Arabia bans use of Western calendar

    Given that the start of the new month is determined by the moon sighting, isn't this going to make organising meetings for the following month a bit tricky... more

    Thursday, 24 May 2012 1:24 PM - Mark Renton
  • 20
    UAE officials warn against marrying foreigners

    I am a UAE national married to an Iranian and her unwavering allegiance is toward Iran and she does not espouse any Arab cause, the same applies with my... more

    Friday, 25 May 2012 11:54 PM - Yasser
  • 8
    English football mulls champagne prize ban

    Taking religion based decisions in such matters is wrong. It sends wrong signals and sets up bad precedence. What next? Will they stop serving beef in... more

    Friday, 25 May 2012 12:15 PM - Skand Bhargava
  • 3
    Dubai banks eye mortgages for foreign buyers

    There are so many promises with no substance out there that even none savvy buyers will think twice before taking risks on Dubai Real estate market. Too... more

    Friday, 25 May 2012 9:19 PM - Bob
  • 142
    Etisalat warns customers of phone call scam

    I just got a call from this number +971507896582 stating that I won 500000AED and that i should check the back of my sim card for some numbers and call... more

    Friday, 25 May 2012 3:04 PM - haja
  • 39
    Saudi Arabia bans use of Western calendar

    Given that the start of the new month is determined by the moon sighting, isn't this going to make organising meetings for the following month a bit tricky... more

    Thursday, 24 May 2012 1:24 PM - Mark Renton
  • 25
    Nakheel targets 'young and trendy' for Palm project

    Palm Jumeirah = Disneyland. Is this the kind of community to invest in for a home ???? or a hotel ? It baffles me why people would invest in an apartment... more

    Wednesday, 23 May 2012 4:13 PM - Paul
  • 20
    UAE officials warn against marrying foreigners

    I am a UAE national married to an Iranian and her unwavering allegiance is toward Iran and she does not espouse any Arab cause, the same applies with my... more

    Friday, 25 May 2012 11:54 PM - Yasser
  • 19
    Iran eyes Google legal action over Gulf naming

    Instead of clinging to anything that reminisces you of your obliterated past, why don't you spend sometime fixing your disgraceful and humiliating present... more

    Tuesday, 22 May 2012 9:30 PM - Fahd