Chartered Arbitrator Victor Leginsky , C.Arb
Victor Leginsky is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He holds a JD (Juris Doctor) degree and a B.Ed. (Bachelor of Education), both from Canada. He has served as Arbitrator in well over 130 cases, a large proportion of which are high-value construction cases and conducts both institutional and ad hoc arbitrations. He is certified as a mediator through the Centre for Effective Dispute Resolution (London) [CEDR] and works frequently in respect of mediation with the Royal Institution of Chartered Surveyors (London) [RICS] and the Chartered Institute of Arbitrators. He conducts mediation including construction-related mediations. He confines his practice to that of a neutral (arbitrator/mediator), largely in construction and energy-related disputes. Victor is an elected member of the steering committee of the ICC UAE Commission on Arbitration & ADR for the term 2023-2025. He is a past MENA Chapter Director of the Association of International Energy Negotiators (AIEN).
Victor is on the panels of many arbitration institutions around the world. He has experience in Public Private Partnership, including being Sole Arbitrator in two large, complex cases, African government in partnership with private two party joint venture; and in construction projects with various forms of privately financed infrastructure.
Victor is a Canadian citizen but has been resident of and has been working in the Middle East for 18 years. He instructs and assesses in respect of Arbitration and Mediation though the Royal Institution of Chartered Surveyors. He lectures frequently on dispute resolution in construction, oil and gas and general dispute resolution matters. He won the DIAC Gold Co-arbitrator Award, 2018, the only year that DIAC granted such awards.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1984
Experience
- Arbitralis ADR (2012 - Present)
- Victor P Leginsky Arbitrator (2007 - 2012)
- Barrister & Solicitor Canada (1984 - 2007)
Membership
- SIAC Panel of Arbitrators (2021 to present)
- LCIA Users Council (2014 to present)
- ICC Canada Committee (2014 to present)
- CEDR Accredited Mediator (2013 to present)
- Kuala Lumpur Regional Centre for Arbitration, now AIAC (2013 to present)
- Chartered Institute of Arbitrators (2010 to present)
- Dubai International Arbitration Centre (2008 to present)
- Law Society of British Columbia (Canada) Barrister & Solicitor (1995 to present)
Qualifications
- CEDR Certified Mediator (2013)
- Chartered Arbitrator (2012)
- Fellow, Chartered Institute of Arbitrators (2011)
- Barrister & Solicitor (1984)
- JD (1982)
Education
- University of Alberta (Canada) (1982) Juris Doctor (JD)
- University of Alberta (1975) B.Ed.
1 Contributions by Victor Leginsky
PRACTICE NOTES
Without Prejudice in UAE‑Seated Arbitration: Dubai Onshore Developments, DIFC Practice, and Lessons from Dubai Cassation Case 486/2024
Introduction
This practice note reviews the ‘Without Prejudice’ (WP) principle under the onshore civil law of the United Arab Emirates (‘UAE’), its policy foundations, and its application in Dubai‑seated arbitration, in light of the recent Dubai Court of Cassation Case (DCC Case) No. 486/2024. The WP doctrine traces its lineage to English common law. Among the leading authorities on WP in correspondence, the UK Court of Appeal’s decision in Walker v Wilsher (1889) 23 QBD 335 affirmed a stringent approach to WP in the nineteenth century. Concerned that the very aim of the limitation might be defeated, the Appeal Court agreed it would be ill‑advised for courts to admit as evidence the conduct of litigants contained in letters written without prejudice. At that time, there was no exception regarding costs. The formulation ‘without prejudice save as to costs’ arose much later, in the 1975 English appeal of Calderbank v Calderbank. The contemporary statement of WP is derived from an equally frequently cited authority a century later—Cutts v Head [1984] Ch 290. In Cutts v Head, the UK Court of Appeal underlined ‘…the underlying policy... [is] that parties should be’...
Arbitration
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