Most commercial disputes in the UAE, including Dubai, are solved through litigation and sometimes through arbitration. Individuals who deal with commercial litigation issues will often request the assistance of a law firm in Dubai that can provide adequate legal counseling and personalized legal representation.
Below, our corporate lawyers in Dubai explain how they can provide guidance on litigation in the UAE.
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Services provided by a commercial lawyer in Dubai
Even if it is not mandatory for a company to have an in-house corporate lawyer, many businesses in Dubai, especially large ones use the services provided by a commercial lawyer for legal assistance in important matters, among which:
- verifying contracts and advising on various types of transactions;
- offering support in large operations, such as mergers, takeovers and acquisitions;
- providing guidance on the duties and responsibilities of company officers and shareholders;
- ensuring legal support in commercial litigation procedures.
Corporate lawyers in Dubai will usually have a good knowledge of various laws, among which some of the most important cover the following areas:
- the Civil and Contract laws;
- the Tax Code and Accounting Law;
- the Intellectual Property Law;
- the Bankruptcy Act.
Such a lawyer will also be used to international regulations, however, Dubai companies can choose to work with local international law firms that can offer a broader view on matters that need to comply with laws applicable in various countries.
Our Dubai lawyers can offer detailed information on how we can help in various commercial matters.
How can corporate lawyers in Dubai assist in contractual matters?
The UAE Contract Law is one of the most important legal acts under which commercial transactions are concluded in Dubai. While the content of a contract can be the same as in Western countries, there are also important differences between the laws of different states and many UAE-based businesses engage in cross-border activities with enterprises from all over the world.
This is where a commercial lawyer in Dubai can be of assistance. One can review the documents and signal if there are any inconsistencies that do not fall in line with the legislation. Also, one can compare the legislation of the UAE and the one applicable in the country of the party entering the contract and offer legal support in negotiations.
In the case of foreign companies operating in the emirate or its free zones, corporate lawyers in Dubai can act as liaison officers with the local authorities and provide the necessary assistance in understanding and complying with the local regulations.
Our Dubai law firm are at your service with a wide range of services that cover corporate law.
Guidance in taxation matters in Dubai
While it is true that a company will need accountants and auditors when it comes to taxation, a commercial lawyer in Dubai will know the legal side of accounting laws which can be of help when having to deal with respecting tax regulations. Moreover, such an attorney will be of use to foreign companies that need to respect the intricate regulations that apply in the UAE and their own countries when compliance must be met at both ends.
Also, a part of forensic accounting when dealing with litigation can enter the attention of a Dubai lawyer specialized in corporate matters.
Legal assistance in intellectual property matters in Dubai
Nowadays, intellectual property no longer covers trademarks alone, as innovation has led to the development of industrial design patent registration and many Dubai companies rely on their inventions and try to enter the international market with new products.
The intellectual property legislation is rather complicated which is where the assistance of corporate lawyers in Dubai who specialize in this area can be a business’ legal guide through various unpleasant situations that might arise when rights are not respected or finding out the company’s name or projects have been unlawfully used.
Court litigation in Dubai
Dubai has an independent judicial system. The Emirate observes the federal law applicable throughout the UAE but it has its own internal administrative system and uses a legal system based on civil law (influenced both by the Egyptian law and the Sharia law).
Dubai has a Court of First Instance, a Court of Appeal, and a Court of Cassation. The three courts have three operational divisions: civil, criminal, and Sharia. Commercial issues are brought before the civil court, especially those concerning non-Muslims who are doing business in Dubai or the rest of the UAE and need to solve various contractual or business disputes.
The Labour Court in Dubai is a special court that hears only those cases involving disputes between employees and employers in Dubai.
Because the hearings that take place before a Dubai court are held in Arabic, it is highly advisable to seek proper legal counseling and representation. One of our Dubai attorneys can provide you with information regarding the type of court you should address according to your particular problems and how long you should expect the court judgment to last.
If you need assistance in litigation cases, our commercial lawyer in Dubai can guide you.
Legal representation in commercial litigation cases
International businesses in Dubai are most often located in one of the free zones in the Emirate. The Dubai International Financial Centre (DIFC) has its own independent judicial authority and enforces its laws. Here, legal proceedings are held in English.
Civil proceedings, including commercial disputes, are limited in time. This means that an individual seeking a legal solution to a civil, business, or commercial problem has a limited amount of time to bring the case to the attention of a court. Our lawyers in Dubai can help you bring a case to court within the due time, for example within three years for insurance issues, one year for maritime transportation, or as long as 15 years for contractual disputes.
The legal system in Dubai was developed in a manner that suits the Emirate’s position as an international financial and business center. The legal and regulatory framework encourages foreign investments and investors are presented with numerous opportunities for business and legal support for conducting their activities.
Legal representation in free zones can be ensured by corporate lawyers in Dubai who are acquainted with the requirements applicable in the respective special economic areas.
Commercial litigation steps in Dubai
In most cases, litigation in the UAE, no matter if it targets a civil or commercial case will follow the stages below:
- initiation of the proceedings by filing a petition with the Arbitration Court or a court of first instance, depending on the legal pathways selected;
- case hearing;
- expert hearing;
- judgment issuance;
- court order enforcement.
It is also possible after the issuance of the judgment for one of the parties to file for an appeal in case they are not content with the ruling.
If you need representation in commercial litigation, our lawyers in Dubai can assist you.
Documents to be filed in a commercial litigation in the UAE
Depending on the nature of the case, the claimant is required to submit a claim indicating the following:
- the names of parties involved;
- the subject of the claim;
- the reasons and demands of the claimant;
- evidence supporting the case.
After receiving the claim, the court will notify the defendant who will be required to file a memorandum of defense.
With respect to the evidence supporting a commercial litigation case in Dubai, there are various documents and even witness testimonies that can be used to support it. However, one of the most important aspects is the expert opinion requested by the judge in accordance with Federal Law No. 10 of 1992. Only experts registered with the UAE Ministry of Justice can render their opinions in such cases.
Our law firm in Dubai can offer the necessary information about the documents that can be used as evidence in litigation in the UAE.
Arbitration in commercial disputes in Dubai
Dubai is one of the most important trading hubs in the world, which is why alternative dispute resolution methods are preferred in commercial litigation, as they are faster to complete. Moreover, proceedings are now completed in accordance with Federal Law No. 6 of 2018 on Arbitration.
In addition to the Dubai International Arbitration Center, the Emirate also has specialized courts in settling cases related to:
- information technology disputes;
- consumer protection litigation;
- trans-border offenses.
Our Dubai law firm is at your service should you decide to settle litigation in the UAE through arbitration.
Commercial litigation in Dubai in numbers
Here are some of the most important facts you should know about commercial disputes in the UAE:
- the statute of limitations in the filing a commercial claim is 15 years;
- judgments are issued in a maximum of 80 days after the first hearing, according to Federal Decree Law No. 42/2022;
- appeals can be filed in a maximum of 30 days from the issuance of the judgment.
Our lawyers are at the service of both companies and natural persons. As such, we can also assist in immigration matters, such as applying for an investment or freelance visa in Dubai and even company formation in Dubai.
If you need legal representation in Dubai you can contact the experts at our law firm in Dubai. We are able to provide you with legal advice, counseling, and court representation for civil and criminal matters.