+971 4 443 3013

legal@thefirmdubai.com

Dubai United Arab Emirates

Our Expertise,
Your Success

LITIGATION

Our litigation services in Dubai deal with a wide variety of sectors including construction, real estate, insurance and banking. We provide advice and representation on contracts, criminal proceedings, white-collar fraud and a variety of labor disputes across the UAE, and in both Arabic and English. 

– Knowledgeable at clause interpretation
– Regularly updated practices 
– Risk assessment reports provided

UAE legal provisions dealing with construction contracts are confined to a short chapter in the Civil Transactions Code that has not been updated since the 1950s. These provisions fall far short of  the current maturity of the UAE construction sector. 

Owing to this fact, many of the provisions used in FIDIC contracts stand in conflict with binding provisions of UAE construction law, making construction case-law essential in interpreting clauses in construction contracts based on the FIDIC or other applicable forms. At The Firm, our lawyers keep a keen eye of construction case-law and update our practices in order to best advise clients. For complex cases, a risk assessment report is usually prepared and a litigation chart that explains each step is provided to the client. 

– On the ground experience
– Sense of urgency
– Complex and serious criminal cases

Urgency and reactiveness best sums up The Firm’s approach to criminal proceedings. Whether arrested in the airport at midnight or summoned to a police station on the spot, our team has solid experience on the ground as well as an understanding of the swift response needed in a time of emergency. 

We represent and defend clients in complex and serious criminal cases including murder, homicide, drug-related crimes, dud cheques, personal injury and alcohol possession. Our representation covers the first stages during police investigations, through public prosecution and up to the Criminal Courts. We work closely with capable Emirati advocates to ensure a proper and robust pleading for our client’s case before the Court. 

-Well-built cases
-Interruptions to employers minimised 

As in other jurisdictions, acts of fraud committed in the UAE – either by employees or individuals – are becoming more complex and difficult to uncover. 

If an employer discovers fraudulent transactions in the company, their first reaction is to sack the employee who committed the fraud. But cases have increasingly been seen whereby employers are ordered to pay unfair dismissal costs, in spite of the conclusive evidence against the employee. This usually happens when the employer has not built their case and did not succeed in pressing valid criminal charges against the employee due to lack of expertise.

For employers, a well-built case is essential to minimize interruption of business should charges of unfair dismissal be brought before a labor court. 

The Firm has acted for several companies in uncovering white-collar fraud by walking them through building their case, corroborating evidence, and assisting them to bring the offenders to justice with minimal damages and interruption to business. 

-Local knowledge 
-Can assist with drafting correct employment contracts

A newcomer to the UAE may have the impression that labor laws and regulations favor the employer. But beware: this may not apply when a dispute with an employee is transferred to the Labor Court. Employer complaints range from employees leaving with client lists, to former staff poaching current employees. Furthermore, courts rarely enforce non-competition clauses due to the fact that they are not drafted in a way that complies with applicable provisions of the labor law in the UAE. At The Firm, our experience in the region can be put to good use. We can defend clients and present their case correctly before the courts, as well as prepare clients for any future disputes by working closely with their HR department to draft the correct clauses in employment contracts.

– Available on annual retainer
– Reduced legal fees

The Firm works on annual retainers with banks and insurance companies to provide litigation services, and have also represented clients against insurers and banks. Recently, we successfully represented a transportation company against a claim by an insurer for damage of electronic goods.

Due to occasional similarities in banking and insurance claims, we cooperate with in-house counsel of said companies to streamline the debt-collection claims of the banks and defend insurance companies against exaggerated or frivolous coverage claims, with the aim to minimize time spent to enforce the judgments and reduce legal costs. 

– Reduced fees 
– Deep knowledge of UAE case-law
– Favourable judgements 

Real estate disputes in the UAE mostly relate to the purchase of off-plan units dating as far back as to the crisis of 2008, and the suspension or cancellation of these projects is still impacting many investors. In this respect, and due to established case-law and similarity between disputes, The Firm is capable of offering litigation services for reduced fees.

The Firm also appears on behalf of clients in other rental disputes before the Dubai Rental Dispute Centre and has secured many favourable judgments for our clients.

Aspect Tower, Zone A, Suite 3401
The Executive Towers, Business Bay,
Dubai – UAE P.O. Box 118212

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