Sam Karim KC

Areas of expertise

• Commercial arbitration

  Commercial arbitration

  Sam Karim KC is a specialist lawyer in domestic and international commercial arbitration. He acts as counsel and sits as a panel or sole arbitrator. He is a Member of the Chartered Institute of Arbitrators (MCIArb) and is admitted as a practitioner in the Dubai International Finance Centre Court and the Abu Dhabi Global Markets (ADGM). He is fully conversant in arbitrations under the AAA, Court of Arbitration for Sport, HKIAC, SIAC, ICC, LCIA, ARIAS, UNCITRAL and ICSID, as well as ad hoc arbitrations pursuant to the Arbitration Act 1996, particularly in the Middle East and Brazil. Sam is also a panel arbitrator for the ADGM and the International Islamic Centre for Reconciliation.

  Sam’s work includes:

  • Investment Arbitration
  • Energy Charter
  • Treaty Arbitration
  • WTO Arbitration
  • Construction & Engineering
  • Energy & Natural Resources
  • Oil & Gas, Mining
  • IT & IP
  • Shipping
  • Law of the Sea
  • International Trade
  • Trade Finance
  • Islamic finance

   

  Speaking engagements

  His expertise are demonstrated and recognised by his invitations to speak at leading global conferences, for example:

  • BICBCA 2022: Panel member discussing diversity in international arbitration;
  • RESOLVE: Abu Dhabi Global Markets. Moderated a panel on Fintech and Arbitration (2022);
  • International Bar Association (IBA) Annual Conference in Seoul 2019 at an event jointly hosted by the Bar Council of England & Wales and the Korean Bar Council about conducting International Arbitration in London;
  • GAR Live Paris 2019, when he spoke about how International Arbitration can remain at the forefront of international advocacy;
  • At the University of Dubai in 2018, when he spoke about the future of Arbitration against the context of modern technologies;
  • GAR Live Abu Dhabi 2019 when he moderated a distinguished panel on conflicts of interest and disclosure;
  • Chartered Institute of Arbitrators regional events in 2017 and 2018;
  • GAR Live Dubai 2019, when he spoke about Artificial Intelligence and the future of Arbitration;
  • The British and Irish Commercial Bar Association Dispute Resolution Conference in Dubai 2015 when he moderated a distinguished panel on the practical approach to the enforcement of UAE judgments and arbitral awards; and
  • Joint conference with the Ordem dos Advogados do Brasil (Bar Council of Brazil) in 2014 and 2015 on use of International Arbitration in resolving commercial cross border disputes.

   

  Publications

  • Editor of Karim on International Arbitration: The Global Guide for Practitioners, to be published by Elgar Law in 2022/2023
  • Article in the International Arbitration Law Review, ‘Artificial Intelligence: An Undiscovered Future of Arbitration’, [2019] Int. A.R., Issue 2; and
  • Article in the 2019 Annual Review by the International Islamic Centre for Reconciliation & Arbitration, ‘A New Era for Arbitration in the UAE: The Federal Law Number 6 of 2018 on Arbitration’.
• Procurement

  Procurement

  Sam has specific and detailed expertise in public procurement and State Aid having been involved in cases in the TCC, Administrative Court and Court of Appeal.

  His specialist practice includes:

  • Commercial disputes arising from performance of government contracts such as benchmarking;
  • Market testing and performance issues;
  • Concessions and part B contracts;
  • Health service procurement, and outside the EU;
  • Project finance and PFI/PPP matters;
  • Regeneration schemes;
  • Procurement by EU institutions;
  • State aid and procurement; and
  • Utilities procurement.

   

  Recent cases

  • Acted for the Claimants alleging that a private body was subject to the PCR as a contracting authority and/or alternatively that an implied/express contract existed and/or that the decision was amenable to judicial review.
  • Lancashire Care NHS Foundation Trust & Anor v Lancashire County Council [2018] EWHC 200 (TCC) relating to an application to lift an automatic stay under Regulation 96 of the Public Contracts Regulations 2015. This was also the first High Court decision post Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC 34.
  • Acted for the Defendants concerning alleged breaches of obligations of equal treatment and transparency in the application in an allegedly abnormally low tender. This case was settled on confidential terms.
  • Acted for a Claimant in an alleged purported abnormally low tender and lifting of the statutory suspension.
  • Acted for the Defendant in proceedings concerning a claim for damages in respect of alleged breaches of EU law in the rejection of a tender as non-compliant.
  • Acted for the Claimant in relation to a challenge procurement of children’s services in the North West.
  • Acted for the Defendant in relation to a lifted suspension and third-party disclosure.

   

  Publications

  Sam is also the author of commercial judicial review & procurement law in the 3^rd Edition of Patterson & Karim on Judicial Review: Law & Practice.

• Judicial review

  Judicial review

  Sam Karim KC has been consistently recommended in this area as a leading specialist and had been a member of the Attorney General Panel of Regional Counsel representing central government for almost a decade in cases of significance. Sam has been recognised as the “driving force behind the development of administrative law” in the regions.

  In relation to COVID: successfully challenged high profile judicial review cases regarding:

  • 10pm curfew for the food and hospitality industry;
  • The 3-tier system of restrictions;
  • Funding allocation for food and rural affairs; and
  • Vaccination mandate for healthcare workers.

   

  Publications

  He is a well-known author in this field. See the ‘publications’ tab on his profile for further information.

  Sam is also the administrator and founding member of the Public Law Pro Bono Scheme, which provides free legal advice on public law matters, including representation at renewal hearings at the Administrative Court.

• Private client

  Private client

  Sam Karim KC has been a specialist in this area since the advent of the Mental Capacity Act 2005, and has been at the forefront of developing case law in this jurisdiction since the implementation of the Act, for instance:

  • Defining the lawfulness of care provisions in relation to the Sexual Offences Act 2003 [2021] EWCA Civ 1527, [2021] EWCA Civ 1527.
  • Extensive experience in relation to the cessation of life sustaining treatment of hydration [2021] EWCOP 16.
  • Defining the relevant information for making decisions about the use of the internet/social media, Re B [2019] EWCA Civ 913, Re B (Capacity: Social Media, Care & Contact) [2019] EWCOP 2.
  • Defining the parameters of the limitation period relating to incapacituous individuals when claiming damages under the Human Rights Act 1998, AP v Tameside MBC [2017] EWHC 65 (QB).
  • Defining the extent of a deprivation of liberty in a private setting when there is little, if any input from the State, Secretary of State for Justice v Staffordshire County Council & Anor [2016] EWCA Civ 1317.
  • His involvement in the ‘Blue Room’ case, which was the first case in this jurisdiction considering whether seclusion amounted to a deprivation of liberty, CP [2012] EWHC 1944 (Admin) & [2012] EWHC 1944 (Costs), and ultimately leading to his publication of the international best practice guidance issued by the British Institute of Learning Disability.

   

  As a silk, his practice covers:

  • All types of disputes regarding the social welfare of incapacitated adults and children and medical treatment issues, and is regularly instructed by the Official Solicitor, families of patients, CCG’s, local authorities and private care providers.
  • Urgent applications for life saving medical treatment, non-urgent medical treatment, “end of life” withdrawal of medical treatment, treatment of suicidal patients (including emergency treatment following overdose) and advanced directives.
  • Property and affairs. He has extensive in appearing on contested applications for deputyships and on issues arising during deputyship and for registration of lasting powers of attorney (LPAs) and enduring powers of attorney (EPAs), and advising on issues arising for attorneys and in relation to disputed statutory will. His experience also includes advising and appearing in cases relating to the overlap of the Court of Protection and personal injury proceedings.

   

  Reported cases

  Significant reported cases include:

  • Re BG [2019] EWCOP 19: the Court (it appears for the first time) is tasked with deciding whether a young adult should be provided serious medical treatment to achieve puberty, contrary to their express wish.
  • Re B [2019] EWCA Civ 913: arguably redefined the test for capacity in relation to residence and consent to sexual relations.
  • Re B (Capacity: Social Media, Care & Contact) [2019] EWCOP 3: first case to deal with the relevant information need to make decisions about use of the internet and social media.
  • CH v A Metropolitan Council [2017] EWCOP 12: case relating to damages for the failure to provide education to promote P’s ability to gain capacity to make decisions about consenting to sexual relations.
  • North Cumbria University NHS Foundation Trust & Anor [2017] EWCOP 1 782 (Holman J): successfully obtained declarations that in relation to serious medical treatment, namely the removal of Basal Cell Carcinomas.
  • Secretary of State for Justice v Staffordshire County Council & Anor [2016] EWCA Civ 1317: successfully defended an appeal relating to the definition of a deprivation of liberty in relation to packages of care with no direct state involvement. See also first instance decision, [2016] EWCOP 27 (Charles J).
  • AP v Tameside MBC [2017] EWHC 65 (QB): defined the parameters of extending the statutory time limit for bringing a claim under the Human Rights Act 1998 for a breach of Article 5 of the ECHR, arising out of an deprivation of liberty that was not authorised.
  • Bristol NHS Trust v AB [2016] 1 EWCOP 67 (Baker J): successfully obtained declarations that in relation to serious medical treatment, namely the removal of cancer.
  • BMC v ST [2015] EWCOP 456 (Holman J): definition of sexual capacity deploying novel arguments relying on personal reproductive autonomy.
  • County Durham & Darlington NHS Foundation Trust [2014] All ER (D) 06: successfully obtained declarations to withdrawn life sustaining treatment (artificial nutrition and resuscitation) on the basis that it would be futile, would not result in a therapeutic benefit and would not be in the patient’s best interests.
  • An NHS Foundation Trust [2014] All ER (D) 92: successfully obtained declarations to withdrawn life sustaining treatment (artificial nutrition) on the basis that it would be futile, would not result in a therapeutic benefit and would not be in the patient’s best interests.
  • CP [2012] EWHC 1944 (Admin) & [2012] EWHC 1944 (Costs) (Ryder J as he then was): the ‘blue room case’ which was the first decision of its kind dealing with issues of seclusion, restraint and sought to define what amounted to a deprivation of liberty (under Article 5 of the ECHR) for those who have a diagnosis of intellectual disability and autism.
  • MB & Others [2009] EWHC 1686 (Fam) & [2009] EWHC 2061 (Fam): defined the appropriateness of P’s deputy for property and affairs instigating welfare proceedings.