Practice

Litigation

How we control litigation costs

We have the ability to devote substantial case management expertise to effectively employ lean staffing, utilizing lawyers with the requisite experience, skill sets, and seniority.

Our overriding objective in every case is to secure a prompt and favorable outcome that meets the client’s needs while minimizing burden, inconvenience, and expense.

Advise a minority shareholder in a dispute on improper dilution and directors’ conflicting interests.  allotments made in a conflict of interests, selective bonus issues, and change of share valuation. Amongst other actions, conduct strategic negotiations and obtain freezing orders from the Eastern Caribbean Supreme Court (BVI).

Our approach to litigation

Our litigators tailor strategic and cost-effective approaches for each case. By evaluating the strengths and weaknesses of a client’s position, we are able to clearly assess the options at each stage of the litigation cycle and adjust our strategy accordingly. 

Understanding evidence and recognizing the difference between an arguable case and a winnable one is at the heart of our ability to recommend the optimum strategy.

We have spared our clients the risks and costs of litigation in hundreds or more cases by our early cost, benefits and opportunity costs analysis. 

We are the “go-to” firm for foreign clients who have litigation in United Arab Emirates, either as defendants or claimants.

We prioritize efficiency, value and predictability in every step of the dispute resolution process.

Our overriding objective in every case is to secure a prompt and favorable outcome that meets the client’s needs while minimizing burden, inconvenience, and expense.

We have the experience to identify and avoid potential obstacles in a case, a demonstrated ability to innovate, and a track record of success in the courtroom and through alternative dispute resolution

In the UAE, we handle all types of local, regional and cross-border litigation and arbitration.

Our primary aim is to avoid litigation whenever possible. Our dispute resolution team is an expert in concluding early settlements and pre-litigation resolution of disputes and claims.

We explore negotiating weaknesses of our opponent and employ creative strategies based on commercial circumstances, expert legal knowledge and procedural tactics to obtain optimal settlements.

If litigation is inevitable, we excel at that too. We are recognized litigation and arbitration leaders in our market.

Our team of litigators has exceptional knowledge of local laws and procedures and has acted as counsel on some of the most complex, high value and cross border commercial litigation in the UAE.

Whether it is general corporate and commercial litigation or specialist matters, we have the expertise to advise and act for clients across a vast range of disputes.

Multijurisdictional Litigation

We frequently represent clients facing multiple, related legal proceedings in several jurisdictions. In these situations, coordination and consistency of strategy are essential – and so is the ability to understand and manage the complex procedural issues that arise from the multiple, potentially different laws and rules that may apply. We pursue and defend various parallel legal proceedings, including arbitrations, national court lawsuits and international court proceedings.

Types of Disputes

In the aftermath of financial crises, our lawyers represented over six hundred investors to recover their claims for cancellation of sale and purchase agreements, seek compensation and recover the monies. We have also defended and handled high-value claims for developers of real estate projects in Dubai and Abu Dhabi.

Victory is not limited to obtaining favourable judgments but in the actual recovery of the adjudged amounts. We are acclaimed for the successful recovery of judgments and seamlessly handling the judgment recovery process with multi-disciplinary teams. Our team is proactive and vigilant, exploring all possibilities and local execution procedures to timely recovery of our clients’ judgment debts:

  • Preliminary attachment procedures
  • Filing writ of execution granting the enforcement of the judgment
  • Investigations to identify assets and bank accounts
  • Seek court order to seize property/assets and bank accounts
  • Auctioning and Sale of seized assets and lands
  • Tracing
  • Personal culpability of company directors and representatives
  • Lifting of corporate veil under specific circumstances

 

Injunctions by their very nature, require urgent action taken by lawyers who know what they are doing. Time is of the essence.

Various types of injunctions are available including:

  • order for delivery up of goods, documents, information and/or databases, which are wrongfully being withheld;
  • an injunction restraining an ex-employee/director or a seller of a business from breaching restrictive covenants;
  • a freezing order to freeze the assets of a Defendant and to prevent further dissipation;
  • a search order enabling premises, vehicles, computers and other electronic equipment and storage devices in the possession of a defendant to be searched to secure valuable evidence which might otherwise be destroyed;
  • a mandatory injunction whereby a defendant is ordered by a court to do a specific act;
  • an injunction to prevent acts of a nuisance, harassment or trespass.

Shareholders disputes can range from breach of shareholders agreement and articles of association to shareholder grievances for shareholding dilution, exclusion from management and similar "oppressions". Some of the matters in which we have represented minority shareholders are:

  • deadlocks,
  • allotment of shares for an improper purpose,  suppression of the rights of minority owners,
  • breaches of contract and fiduciary duty
  • Derivative actions;
  • unfair prejudice claims;
  • court-ordered buyouts of minority shares and valuation disputes
  • statutory petitions for just and equitable winding up

DEALS     18 February 2021

Fareya Azfar Araoui advised a Luxembourg based investment company on a capital increase of a sub-fund in Africa through the issue of 132,393,120 new ordinary shares with subscription rights, which were allotted as partly paid for cash.

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DEALS      9 January 2021

Fareya Azfar advised a KSA investment giant on its Series A and B preferred equity financings, in which the company raised $220 million.

Read more

DEALS       January 2021

Counsel to a diluted shareholder of a BVI entity. We challenged the share issue and allotment on the grounds of improper purpose, interests of the company, irregularities in scrip dividends, and share valuation. 

Construction Disputes:

we manage claims, deal with multi-tiered dispute clauses and resolve disputes arising from the design, engineering, construction and operation of projects.

Corporate Criminal Liability: Invasive investigatory and discovery processes, criminal penalties and sanctions and civil compensatory claims.
Employment Disputes: representing both employers and employees before Ministry of Labor in Dubai and Abu Dhabi, enforcement and disputing non-compete clauses, compensatory claims for breach of covenants and unfair dismissals.
Energy Disputes: experienced in technical matters, managing technical and damage valuation experts, witnesses, co-counsels, disputes over royalty payments, oil storage facility and pipeline failures; oil purchase contracts, exploration rights
Intellectual Property Disputes: Handle complex Patents disputes on involving technology and pharmaceutical companies; representing brand owners on detection, prosecution, compensatory claims, restraining orders, injunctions and orders for destruction of counterfeited goods.
Real Estate Disputes: in the aftermath of financial crises, we have represented over six hundred investors to recover their claims for cancellation or sale and purchase agreements, compensation and enforcement. We have also defended and handled high value claims for developers of real estate projects in Dubai and Abu Dhabi. We handle disputes involving STRATA titles, Service Charges and represent Owners, Boards, Managers and Owners Associations.

We understand that the clients’ victory is not limited to obtaining favorable judgments but in the actual recovery of their claims and the adjudged amounts. We are acclaimed for successful recovery of judgments and seamlessly handling the judgment recovery process with multi-disciplinary teams.

Types of Disputes

In the aftermath of financial crises, our lawyers represented over six hundred investors to recover their claims for cancellation of sale and purchase agreements, seek compensation and recover the monies. We have also defended and handled high-value claims for developers of real estate projects in Dubai and Abu Dhabi.

Victory is not limited to obtaining favourable judgments but in the actual recovery of the adjudged amounts. We are acclaimed for the successful recovery of judgments and seamlessly handling the judgment recovery process with multi-disciplinary teams. Our team is proactive and vigilant, exploring all possibilities and local execution procedures to timely recovery of our clients’ judgment debts:

  • Preliminary attachment procedures
  • Filing writ of execution granting the enforcement of the judgment
  • Investigations to identify assets and bank accounts
  • Seek court order to seize property/assets and bank accounts
  • Auctioning and Sale of seized assets and lands
  • Tracing
  • Personal culpability of company directors and representatives
  • Lifting of corporate veil under specific circumstances

 

Injunctions by their very nature, require urgent action taken by lawyers who know what they are doing. Time is of the essence.

Various types of injunctions are available including:

  • order for delivery up of goods, documents, information and/or databases, which are wrongfully being withheld;
  • an injunction restraining an ex-employee/director or a seller of a business from breaching restrictive covenants;
  • a freezing order to freeze the assets of a Defendant and to prevent further dissipation;
  • a search order enabling premises, vehicles, computers and other electronic equipment and storage devices in the possession of a defendant to be searched to secure valuable evidence which might otherwise be destroyed;
  • a mandatory injunction whereby a defendant is ordered by a court to do a specific act;
  • an injunction to prevent acts of a nuisance, harassment or trespass.

Shareholders disputes can range from breach of shareholders agreement and articles of association to shareholder grievances for shareholding dilution, exclusion from management and similar "oppressions". Some of the matters in which we have represented minority shareholders are:

  • deadlocks,
  • allotment of shares for an improper purpose,  suppression of the rights of minority owners,
  • breaches of contract and fiduciary duty
  • Derivative actions;
  • unfair prejudice claims;
  • court-ordered buyouts of minority shares and valuation disputes
  • statutory petitions for just and equitable winding up

Our approach to litigation

Our litigators tailor strategic and cost-effective approaches for each case. By evaluating the strengths and weaknesses of a client’s position, we are able to clearly assess the options at each stage of the litigation cycle and adjust our strategy accordingly. 

Understanding evidence and recognizing the difference between an arguable case and a winnable one is at the heart of our ability to recommend the optimum strategy.

We have spared our clients the risks and costs of litigation in hundreds or more cases by our early cost, benefits and opportunity costs analysis. 

Types of Disputes

In the aftermath of financial crises, our lawyers represented over six hundred investors to recover their claims for cancellation of sale and purchase agreements, seek compensation and recover the monies. We have also defended and handled high-value claims for developers of real estate projects in Dubai and Abu Dhabi.

Victory is not limited to obtaining favourable judgments but in the actual recovery of the adjudged amounts. We are acclaimed for the successful recovery of judgments and seamlessly handling the judgment recovery process with multi-disciplinary teams. Our team is proactive and vigilant, exploring all possibilities and local execution procedures to timely recovery of our clients’ judgment debts:

  • Preliminary attachment procedures
  • Filing writ of execution granting the enforcement of the judgment
  • Investigations to identify assets and bank accounts
  • Seek court order to seize property/assets and bank accounts
  • Auctioning and Sale of seized assets and lands
  • Tracing
  • Personal culpability of company directors and representatives
  • Lifting of corporate veil under specific circumstances

 

Injunctions by their very nature, require urgent action taken by lawyers who know what they are doing. Time is of the essence.

Various types of injunctions are available including:

  • order for delivery up of goods, documents, information and/or databases, which are wrongfully being withheld;
  • an injunction restraining an ex-employee/director or a seller of a business from breaching restrictive covenants;
  • a freezing order to freeze the assets of a Defendant and to prevent further dissipation;
  • a search order enabling premises, vehicles, computers and other electronic equipment and storage devices in the possession of a defendant to be searched to secure valuable evidence which might otherwise be destroyed;
  • a mandatory injunction whereby a defendant is ordered by a court to do a specific act;
  • an injunction to prevent acts of a nuisance, harassment or trespass.

Shareholders disputes can range from breach of shareholders agreement and articles of association to shareholder grievances for shareholding dilution, exclusion from management and similar "oppressions". Some of the matters in which we have represented minority shareholders are:

  • deadlocks,
  • allotment of shares for an improper purpose,  suppression of the rights of minority owners,
  • breaches of contract and fiduciary duty
  • Derivative actions;
  • unfair prejudice claims;
  • court-ordered buyouts of minority shares and valuation disputes
  • statutory petitions for just and equitable winding up