With its mixture of jurisdictions and legal systems, the United Arab Emirates (UAE) is a unique, and challenging, environment. Having one of the longest established and broadest networks of any global law firm in the UAE, our Litigation and Dispute Resolution team knows how to manage a full spectrum of claims to deliver results in an efficient and cost-effective way. 

A brief background to the jurisdiction 

The UAE is one of the few countries in the world which operates both common and civil law systems in the same country. The financial free zones (currently the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Markets (ADGM)) are common law regimes insofar as they relate to civil or commercial matters (i.e. they apply offshore law).  The remainder of the UAE (including certain free zones) operate as civil law jurisdictions following Shari'a law, supplemented by federal and local laws which apply to civil, commercial and criminal matters (i.e. they apply onshore law). 

Whether onshore or offshore law applies to a dispute will impact the strategy to be used. For example: 

Onshore proceedings 

• are subject to a three-tier court system;
• will largely be conducted on the papers, in Arabic, and only Emirati advocates have rights of audience; 
• lack a general right of disclosure or production of documents; and
• may impose criminal sanctions, such as imprisonment or a fine. 

Offshore proceedings

• progress through a two-tier court system;
• follow common law procedures, in English, and foreign qualified lawyers can obtain rights of audience so long as they are competent in the English language;  
• have a general right of disclosure or production of documents; and
• have limited jurisdiction in civil and commercial matters.

Whilst these competing jurisdictions may seem at odds with one another, it is essential to know how to navigate these challenging waters to (a) be alive to tactical jurisdiction challenges from the outset and (b) take advantage of the cooperation agreements for fast and cost-effective enforcement of interim or final awards. 

Local representation, international reach 

Businesses are growing increasingly international and, over the last 20 years or so, the UAE has become a hub for global trade and the residence of choice for individual and corporate entities.

Dentons is proud to have been in the UAE since its creation 50 years ago. This wealth of experience in the UAE and region, coupled with our unrivalled international coverage, makes Dentons the ideal legal counsel to protect and support your business interests and objectives in the UAE and beyond. 

Throughout the Middle East, our dedicated litigation and arbitration lawyers deliver on-the-ground expertise on the largest and most complex of disputes, before both domestic and international courts and tribunals. Our experience covers all the major international arbitration institutions and rules, as well as those located in the region, including ICC, LCIA, UNCITRAL, Dubai International Arbitration Centre (DIAC), Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), Cairo Regional Centre for International Commercial Arbitration (CRCICA), AAA and ICSID.

Whether you are a local or multinational corporation, financial institution or government entity, we will leverage our commerciality and pragmatic approach to meet your needs. We understand the importance of making the right facilities available to our clients. As the world's largest global law firm, with offices across over 80 countries, Dentons can create a bespoke team to meet your needs. We can manage your case in your language whilst connecting you to experts in assessing UAE risks and opportunities from pre-litigation through to enforcement. Your claim can be managed centrally to minimise administrative burden while retaining international standards of conduct. We believe this model is not only strategically and efficiently sound, but also cost-effective. 

We cover the full spectrum of commercial disputes, and work across a wide range of industry sectors, including hospitality, transport, infrastructure, banking, real estate, telecoms, and oil and gas. Attached is our brochure which details our experience more fully.

Insights

DIFC Court ruling on notices – what do contractors and employers need to know?

May 24, 2023

United Arab Emirates: The project was delayed, the contractor's applications for extensions of time (EOTs) were rejected, the parties attempted (but failed) to agree an MOU, the employer liquidated the security guarantees, the contractor suspended its works and the employer terminated the contract. Sound familiar? Unfortunately, this set of facts is pretty common on projects across the GCC.

The Legal 500: Construction Country Comparative Guide 2023 - UAE Chapter

May 16, 2023

UAE: We are pleased to share that we have contributed to the 2023 edition of The Legal 500: Construction Country Comparative Guide. Partner and co-head of Middle East Construction, Dean Ryburn, along with partner, Suzannah Fairbairn, senior associate, Ahmed El-Bayouk and associate, Patrick Hassan, have completed the UAE chapter of the Construction Q&A.

A turning point for enforcement of English Court judgments in the UAE?

September 22, 2022

United Arab Emirates: Last week the UAE Ministry of Justice issued a circular to the Dubai Courts that potentially marks a significant turning point in relation to the enforcement of English Court judgments in the onshore UAE Courts. Given the prevalence of English law and the popularity of the English Courts as a favoured jurisdiction for transactions involving international parties, this development is likely to be of considerable importance to all companies involved in commercial transactions and financing in the UAE.

View all insights for Litigation and Dispute Resolution in the United Arab Emirates

News and Events

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