Q: I am a private investor (individual) and I have a lending contract with a Sharjah FZE company represented by its director and shareholder, who also has other Dubai based company. Returning the payments wasn't met despite reminders and extensions. The contract has a late-payment penalty clause and dues are well above the original amount. The issuing bank (balance verification check) informed me that the security cheques were also invalid, as that the account had already been closed prior to issuing the cheques. The contract has a DIFC arbitration clause and UAE jurisdiction. The cheques are not formally cashed yet. What are my options to pursue civil litigation or other debt-recovery means? Arbitration? DIFC SCT? DIFC CFI? Dubai Courts? Current dues are in the range of US$100,000/- including ongoing penalties. I have a signed and stamped original contract, witness IDs, trade license and original security cheques. I am seeking to engage legal expertise for a reasonable fee, preferably linked to a percentage of a successful claim.

Q: Hi, We have an agreement within two UAE entities and the arbitration is ICC. The applied law is English law. Kindly advise, in case of any major dispute, can we appeal to Dubai court seeking dispute resolution? Thanks.

Q: I am a contractor and my client has pending payments with him. I have received 5 out of 13 payments I sent him. All the 13 payments are late. All the payments have been signed and approved and he gave me a payment certificate to confirm due date of payment but until this date, it is not paid. Each certificate is delayed out of the 8 balance. They range in delay from 2 weeks to 6 months. What are my rights and the damages I can claim as per the UAE law? Please note that I had to close down my business because I can't afford to run it due to the late payments.

Q: Dear sir/madam, It is said that DIFC-LCIA has been abolished in Sept 2021 so now where will real estate disputes which contain this condition of jurisdiction be filed?

Q: Hello lawyers, I want to proceed with arbitration through the Dubai International Arbitration Center (DIAC). Is it better to have an external expert accounting report prepared before going to arbitration? Would this support my case? Also, are these external expert accounting reports considered by the arbitration committee if they are prepared by any of the UAE mainland registered experts? Or are there any other experts who are registered elsewhere that I need to contact? Kindly advise!

Q: Dear Lawyers, There is a JV agreement between Party A and Party B. An Addendum was made in which Party C was added and subcontracted all its work to both Party A and Party B, forming a wholly separate contract. There is an arbitration clause in the JV agreement. Is Party C bound by that clause? DIAC.

This short write up examines some of the key considerations one has to bear in mind while opting for Arbitration as a preferred mode for dispute resolution.

مواكبةً للتطورات المتسارعة لعصرنا الحديث، أظهرت القيادة الرشيدة لدولة الإمارات العربية المتحدة مرونتها التشريعية، وقدرتها الفائقة على مسايرة مستحدثات عصر السرعة والعولمة، من خلال إصدار قانون التحكيم الاتحادي، وهو القانون الاتحادي رقم (6) لسنة 2018 الصادر بتاريخ 3/5/2018، والذي قامت فيه بتنظيم التحكيم، هذه الوسيلة الخطيرة لفض المنازعات من خلال (61) مادة قانونية تجمع بين المرونة والانضباط التشريعي.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.