Litigation & Arbitration
ProConsult Advocates & Legal Consultants are able to conduct an in-depth analysis of the particulars of your case, with a fine and accurate attention to fine details and facts, in complex, high-value litigation matters, and provide the best possible advice across almost any and every issue that can arise in civil or criminal law suits, and subsequently the best possible representation in a UAE court of law.
We understand the intricacies of the UAE Legal System and Judiciary, and our Expert Lawyers are well versed with the UAE Justice System, with a wealth of experience in representing both individuals and corporate entities in judicial proceedings before UAE courts in all seven emirates and handling complex litigation matters.
Our team handles diverse litigation matters, covering commercial transactions, construction and real estate disputes, business and corporate matters, criminal law, banking and insurance, and commercial agencies and franchise litigation.
Every case is treated with the same degree of care and attention to detail, to ensure that all clients are advised in a fair and accurate way, and our commitment towards clients has achieved a high percentage of winning judgments in court. Our consistent success has earned us a hard won reputation amongst the country’s leading law firms.
We recognize our client’s needs and work towards resolving their most complex issues and disputes, and our litigation practice covers the most diverse litigation matters, including:
Our lawyers have a wealth of experience on contentious matters in the banking industry, and handle almost all types of domestic banking litigation, including debt recovery matters, disputes relating to letter of credit, money laundering crimes and commercial litigation, fraudulent transfer, forged cheque cases, and other criminal law related matters, priority and other collateral and credit issues.
We also advise and represent borrowers or guarantors in their disputes with banks and financial institutions, and assist them in the negotiation and re-structuring of their defaulted loans and credit facilities, and related loan documentation.
Our Experienced Lawyers are well versed in insurance litigation, and represent clients on matters relating to liability, policy enforcement, disputes pertaining to insurance and reinsurance coverage, motor accidents, claims handling, including complex insurance-related litigation, and re-claim against other insurance companies.
Commercial Agency and Franchise Litigation
Our Lawyers represent both Principals/Franchisors and Commercial Agents/Franchisees and distribution companies in franchise termination and commercial agencies termination and related compensation and remedies, and litigation arising out of franchise agreement disputes, intellectual property rights infringement, product liability, and system standards enforcement, collection of royalties and fees, and enforcement of non-competition covenants.
Our Expert Team of Lawyers handles all sorts of commercial litigation cases, including cases involving contract disputes and commercial claims, franchise and distribution, commercial agencies termination, commercial lending disputes, business and civil tort-related disputes, contractual liability, bankruptcy and recovery of outstanding dues.
A very interesting local development in Dubai is the establishment of the Dubai International Financial Centre (DIFC) Court. This required an amendment to the Constitution of the UAE because the court falls outside of the federal court system. It also required UAE civil laws to be excluded and its own legal system to be created.
The DIFC Court operates on the basis of the Common Law, rather than the Civil Law, the language of the courts is English, and it has its own set of Procedural Rules.
Originally, the jurisdiction of the DIFC Courts was limited to the geographical area of the DIFC. However, since November 2011, the DIFC Courts can hear commercial disputes between any parties which have written the DIFC Courts into their mutual contracts, or which jointly agree to use the DIFC Courts post-dispute.
Our Expert Lawyers are well versed in the DIFC laws and legal system, which is quite different from the Dubai and UAE legal system, and based on Common Law, rather than the Civil Law. We have represented our clients in complex litigation cases within the DIFC and have the right of audience before the DIFC courts.
Arbitration has gradually become a popular dispute resolution mode in many jurisdictions, including the UAE. This is due to the import of customary business practice in the UAE and the fact that arbitration allows national and non-national partnerships greater room to maneuver by lending weight to their intentions in Contracts as opposed to strictly applying the Law.
We have a team of Expert Lawyers well versed in arbitration and arbitration proceedings. Excellence is our minimum standard and we apply this maxim across all our legal practices, especially arbitration. Our team dedicates the utmost care and attention to the fine details and facts of the matter at hand and the status of the parties involved, and decides on the best course of action to protect the clients’ interests.
Some of the High-Profile Files our Expert Lawyers have worked on:
Representing a Major Real Estate Development Group in a 300 million Dirham case with one of the Leading Islamic Banks in the UAE, in front of the Dubai courts and Abu Dhabi courts
Representing a Sub-Contractor in a multi-million Dollar case in front of the DIFC courts with one of the Leading Real Estate Contractors in the UAE
Advising a leading European company on the legal aspects related to a dispute with the Government of Ajman related to a Waste Water Collection Network and Treatment Facility
Advising a leading European Company on the litigation aspects related to a dispute arising from a very large industrial claim towards a Dubai Government fully owned company
Handling the criminal case related to the collapse of the roof of the BPST building (Jebel Ali Power and Desalination Plant, Station “K” Phase II ) and the death and injuries of workers working on site
Advising a leading Multinational on an arbitration before the ICC in Paris
Representing a leading Real Estate Developer in an arbitration/mediation with the contractors for the stone flooring and contractors for the development of apartment blocks and office tower
Representing a leading Multinational Company in an ICC arbitration related to a multi-billion Dollar EPC Contract (Engineer, Procure and Construct) for a Government Project in the UAE