Commercial Contracts

We provide advice and drafting assistance on most forms of commercial contracts. 

We have extensive experience on contracts related to agency; construction and infrastructure; real estate; tenancy; sales and purchasing; manufacturing and franchising; acquisitions and shareholder agreements. 

Our lawyers’ local knowledge and international expertise, combined with good old fashioned lateral thinking, is a highly valued skill that enables creative and pragmatic commercial contract solutions.

Examples of recent instructions:

2015

• Drafting a joint venture agreement between a Middle Eastern tobacco product manufacturer and a local partner for the incorporation, formation and running of a Caucus based tobacco manufacturing company.
• A ground breaking agreement between one of the largest banks in the Gulf and a precious metal trading company for the provision of a unique trading platform for use by the bank’s private clients. 

2014

• Sale and purchase of an international trade mark between two UAE based conglomerates.
• Advising shareholders on the setting up of UAE based college of higher education.
• Advising on the acquisition of a company holding the distribution rights of international food products.
• Advising the seller on a bank acquisition. 

Construction and Projects

We advise developers, contractors, sub-contractors and consultants on contract drafting and on all types of claims typical to the industry.

Our lawyers have represented construction industry clients in building and engineering disputes at all levels of the UAE Courts, and at arbitration and mediation.

Examples include:

• Advising a main contractor on its claim against the developer for non-payment and potential defects counterclaims.
• Advising the main subcontractor on a large Abu Dhabi hotel resort project in its claim against the main contractor for termination, underpayment, wrongful call on the performance bond and on liability to its subcontractor.
• Advising a subcontractor in relation to its request for a precautionary attachment against the terminated main contractor following the main contractor’s call on its performance bond. Our lawyers subsequently gave contract advice to the client who replaced the main contractor.
• Advising a design subcontractor in relation to claim on a landmark building project in Dubai.
• Numerous instructions for a global built asset consultancy on disputes as claimant.
• Numerous instructions for a firm of MEP engineers in relation to various claims.
• Numerous instructions for a major UAE family owned construction group.
• Drafting and negotiating bespoke and standard form main contracts, sub-contracts and consultant appointments for employers' agents, architects, engineers and M&E consultants, and procuring and drafting employer and funder/bank warranties and the novation of consultants.

Corporate Restructuring

Having been in the Middle East for quite some time, we fully understand the culture of family business that predominates in the region. Often, these sorts of businesses are long-standing corporate structures which are several decades old and based on a culture of trust. As the business environment has evolved into a global one, these traditional trust based business structures are often highly exposed to liability.

We have advised clients on the formation and set up of suitable company structures for their requirements in order to limit liability, enable efficient corporate management and to facilitate succession planning. These include both Public and Private companies in the UAE and its free zones.

Our experience also covers the dissolution of companies.

• Advising a JAFZA sole establishment company on limiting its liability through incorporation of an offshore holding company prior to engaging in international joint venture projects.
• Advising a client holding shares in a number of different types of company on the restructuring of the group and the centralization of ownership of the group to one holding company.

Advising a group of multi-national companies on its restructuring

Criminal Law

Commercial and civil cases often involve associated criminal actions such as: breach of trust, embezzlement, bounced cheques, fraud, cybercrime and forgery.

Our lawyers have the experience to handle these types of case from the initial police investigation to prosecution and the criminal courts.

Recent examples:

• Employee fraud against the employer and breach of trust
• Cybercrime related to theft of a loyalty award program
• Registration of an Interpol report regarding 'bounced' cheque
• Negotiatiing a commercial settlement for the payer in a AED 25M bounced cheque case 
• Advising on a allegation of forgery in arbitration proceedings and seeking the suspension of the arbitration pending Court investigation

Employment

In a changing environment with increasing mergers or acquisitions we can advise businesses and individuals on employment rights and from an employer perspective, the reduction of risk exposure through the implementation of employment manuals and good practice.

The employment Courts are kept busy with claims in relation to employee and employer rights post termination of contract.

Recent experience:

• Defending claims from employees for non-payment of salary, holiday and flights, bonuses and commission, and end of service gratuity
• Representing employers and employees in both the Dubai and DIFC Courts
• Carrying out due diligence on the employment manual of a multi-national group

Family Law

Whether seeking to provide for your family through inheritance planning, or in the unfortunate circumstances of marital breakdown, you will need assurance that the advice that you receive is suited to your particular needs.

We are able to advise on Will drafting, inheritance and intestacy issues and divorce.

Recent examples:

• Representing the spouse of a deceased intestate expat and amicably resolving the claims of his siblings and subsequently pursuing their joint interest through the Sharia Court.
• Drafting a non-Muslim Will disposing of assets both inside and outside the UAE.

Insurance

All Insurance policies must comply with UAE law. In the UAE this is a public policy issue and therefore mandatory. Federal Law No. 6 of 2007 and Insurance Authority Resolution No.3 of 2010 set out the requirements. Due diligence for insurers seeking to join the market is therefore a must.

Recent examples:

• Our lawyers acted for an individual against one of the leading international insurance companies regarding a life/investment insurance policy.

Intellectual Property

With the increasingly global nature of business intellectual property boundaries are also international.

We have enforced our clients’ intellectual property rights against the infringement of trade marks under UAE Federal Law No. 37 of 1992 which typically necessitates:

• Precautionary attachment against the product
• Precautionary attachment against the producer and its manufacturing capability
• Initiating a claim for damages
• Initiating a criminal case for forgery

Professional and Medical Negligence

Professional negligence claims are not yet as prevalent here in the UAE as in some jurisdictions, but that is changing. 

Professional

• Our lawyers have acted for the insurers of professionals in several disciplines including architects, structural and civil engineers, mechanical and electrical engineers, surveyors
• Representing professional clients in a multi-party mediation involving allegations of professional negligence
• Numerous instructions from the UK’s largest insurers in disputes between property owners/policy holders and developers

Medical

• Recovered AED 500,000 in compensation in a claim for medical malpractice against a medical practitioner, hospital and insurers
• Our lawyers have acted in a number of glaucoma related claims

Real Estate

With the increasing flow of expatriate workers into the UAE, the Emirates of Abu Dhabi, Ajman and Dubai each passed legislation permitting freehold real estate ownership by non-nationals in designated areas. This trend has also impacted on the number rent demand claims in the UAE.

Our lawyers have advised on real estate and tenancy matters, for developers, consultants, funders, contractors, major sub-contractors and individuals.

• Drafting Sale and Purchase agreements in relation to off plan sales of property in Dubai.
• Successfully defending DIAC arbitration claim for AED 350 million in Dubai in DIAC arbitration proceedings in relation to a land transaction. The claim was withdrawn in its entirety following the Response.
• Advising a master developer in relation to a potential arbitration claim for AED 390M for failure to provide infrastructure to the site.
• Advising a developer in relation to a dispute between the seller and the developer in regards to obligation being the handover of the property.
• Representing developers before Dubai Courts against purchasers in relation to late handover and change in space.
• Representing individuals before the Dubai Courts against developers who did not fulfill its obligation under the sale and purchase agreement such as handover, space, service charges and completion.
• Drafting and review rent contracts both commercial and individual.
• Representing both landlords and tenants in tenancy disputes before the rent committee.

Shipping

The focus of our firm in this sector is on shipping disputes and litigation including cargo disputes, vessel arrest representing ship owners, charterers and cargo interests.

Recent work includes:

2014

• Representing a defendant shipper in the Dubai Courts in relation to a claim by the exporting company who sought damages for delayed cargo impounded in Kuwait