• Insights – Preset #5

    Fareya Azfar

    MANAGING PARTNER

    f.azfar@fareyaaraoui.com
    +971 56 705 8483

Education

LLB (Hons)

University of London
2010

Memberships & Affiliations

Law Society of England and Wales
International Bar Association
Dubai International Arbitration Centre
Chartered Institute of Arbitrators

Practising law in United Arab Emirates for over 10 years, Fareya thoroughly understands the social and regulatory environment of the country. She is licensed to practice law in both civil law and common law jurisdictions, Fareya has particular expertise in multijurisdictional matters.

Fareya is a leading commercial litigation and dispute resolution lawyer. She has been recognized for expertise in Corporate and Commercial Litigation and International and Commercial Arbitration.

She is noted for her ability to strategize the best approach for complex disputes. She is recognized as “very strong in developing relationships” and for understanding her clients’ business and objectives.

She has worked with major international law firms in North America to collaborate on cross-border litigation.

Fareya acts as counsel on a range of matters, with an emphasis on commercial, corporate and real estate disputes. She also provides strategic and corporate governance advice to directors and officers of corporations.

Fareya primarily acts in connection with disputes involving:

  1. shareholders and directors of owner-operated businesses.
  2. injunctions, preservation orders, special costs, and stays of proceedings.
  3. corporate and shareholder disputes and oppression remedy applications, as he has acted for both majority and minority shareholders in oppression and winding up proceedings.

Fareya Personal Testimonials

  • "with great enthusiasm, she sheds light on all the key concepts, directs her clients to look into overlooked angels and uses all the available and extracted information for building the strategy and action plan”

    SAMER QIBLAWICEO, Marine Capabilities (MARCAP) L.L.C
  • "fast reactions, ease of communication and an amazing skill for working under pressure"

    Vice-PresidentAbu Dhabi Commercial Bank

Early Case Assessments

Prerequisites

Adding the ECA process to your litigation or arbitration strategy, requires:

  1. the ability to overcome a common litigation mindset: i.e., the desire to avoid costs for as long as possible since there’s often a perceived chance that the matter will settle, and then any early costs were in essence unnecessary.
  2. coordination among internal counsel, business stakeholders and external legal counsel.
  3. it is pertinent to evaluate data very early in the game to determine the merits of every potential case.
    • Fareya Azfar

      Managing Partner

      f.azfar@fareyaaraoui.com
      +971 56 705 84 83

    We like nothing better than an early and successful exit from the litigation process. The goal of Early Case Assessment is to estimate the risk (cost of time and money) of bringing or defending a legal case. 

    The process of Early Case Assessment (ECA) evaluates the risk in bringing a claim or defending a legal case. The goal of ECA is to develop an early understanding of the case and begin formulating a strategy.

    We invest the time and energy to do an early strategic case assessment evaluating strengths and weaknesses to devise a strategy that will achieve a client’s goal as quickly as possible.

    To provide the most effective representation possible, it is pertinent to evaluate data very early in the game to determine the merits of every potential case.

    Key steps in a typical ECA

    Early case assessment, as a managed process, requires customization to each case and  client involved. Notwithstanding, some of the prevailing steps that we take during an ECA include:

    1. Examination of the key facts;
    2. Examine jurisdictional Issues
    3. creating a comprehensive story and timeline of the case.
    4. Consider non-economic factors and historical information regarding opposing party;
    5. Legal analysis of the claims;
    6. Assessment of relevant commercial interests and relationships;
    7. Consideration of how the dispute impacts the organization’s wider objectives and goals;
    8. Review of the potential dispute resolution processes that could be used including negotiation, ADR, arbitration, litigation or any combination thereof; 
    9. anticipate staffing of the case.
    10. prepare a case budget estimating the total projected fees and costs.
    11. Settlement Range / Non-Monetary Solutions
    12. recommendations for settlement strategy, and an evaluation of the settlement value of the case.
    13. create a plan, which consists of a strategy to get to the finish line of the case.