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Case Studies

In cooperation with Emirati lawyer

Our client is a sub-construct company specializing in electro-mechanical for the specified work. The main contractor hired it. The agreement was made in 2015, and the estimated work cost was over 200 million AED. Our client adhered to all obligations stipulated in the contract. However, there were delays in releasing the payments for the completed work. Our client bore all costs for material and labor later, which caused difficulties in completing work. Meanwhile, the main constrictor deliberately was making this situation to avoid making any payments. Our client negotiated many with the primary constructor but failed to do so. Then, the primary constructor sent a legal notice with the termination of the sub-contract agreement due to not meeting the deadline for the completion and quality of the materials and suspended all work.

Our client, with all capabilities, tried to negotiate with the main construction company to settle and receive the payment for the work done but failed.

Then they approached our law firm for legal services.

As per the agreement, the dispute resolution was Dubai International Arbitration Center with three arbitrators. We registered a case there, and after serving 30 days of notice sent by the center, the other party initiated a counterclaim indicating that the quality of the material did not meet the requirements due to the delays in completion.

According to article 28 of Dubai Arbitration Rules, after consultation with the arbitrators, an expert was appointed to give the relevant information about the issue.

Based on the expert report, the provided information by the main contractor was not found.

Conclusion

The construction field is one of the most significant areas in the UAE where many businesses keep focus, and many conflicts are happening between the parties, so to have experienced lawyers in your company is crucial to operate and avoid any pitfalls in the disputes because later any small mistakes turning into costly expenses.

Case number 4516\2022

Our client is a managing partner in the Company located in Dubai. At the end of 2020, an investor joined the Company with an investment of 4.5 million AED to extend the business and become a partner. After being added to the trade license, the Company was faced with huge losses because of Covid restrictions. Meetings were held to solve this issue with the management, but he did not participate. In addition, more funds are required to fulfill Company's obligations toward creditors. He refused to put anything more, and the management decided to remove him from the Company.

Article 19 Commercial company law

Failure to contribute to the Company 1- If a partner undertakes to contribute to the Company's capital in the form of an amount of money and defaults in paying such amount or his contribution consists of debts due by third parties and said debts are not repaid, the said partner shall be liable to the Company for any obligations arising in consideration of his contribution to the Company.

Article 54 Commercial company law

Joining partner Where a partner joins the Company, he shall be jointly liable along with the remaining partners, and in all his assets, for all the Company's former obligations before joining the Company, provided that the Company has already disclosed such obligations to said partner. Also, he shall be jointly liable along with the other partners, and in all his assets, for the responsibilities of the Company after joining it. Any agreement between the partners to the contrary shall not be enforceable against third parties.

Article 55 - Withdrawing partner

  1. Unless the Memorandum of Association of the Company stipulates. Otherwise, a partner may withdraw from a Joint Liability Company by a written agreement with the remaining partners. In the event of disagreement, the partner may file a lawsuit before the competent court to obtain a judgment of withdrawal, provided that the remaining partners be notified thereof by registered mail at least (60) sixty days from the date he set for the withdrawal. The Company shall claim any compensation from the withdrawing partner if justified.
  2. The withdrawing partner shall remain jointly liable with the other partners in the Company for the Company

The defendant, along with our case, filed another suit saying that the put money was an investment to expand the business. There was no intention of becoming a partner (like a creditor) and wanted to take money back.

According to an expert report, after reviewing the Company's financial history for over two years, the conclusion made by the export was in our favor.

These days, we are waiting for the court's decision.

It is a criminal case we handled successfully and took out an innocent lady from prison.

A lady from Cameroon would visit Dubai as a tourist to see all the places of interest. At the airport in Cameroon, she encountered a stranger who asked her to bring a bag to Dubai. Upon arrival in Dubai, the border security stopped her and suspected illegal items. After searching found an illicit substance chemical. Then, she was brought to the investigation department and interrogated about the circumstances. According to the expert report, it was a drug (Marijuana), and the weight was 3 kg 885 grams.

We have a trusting relationship with the General Consulate of Cameroon and have known each other for a long time.

Her relatives approached us for legal support, and after the meetings, they were sure that we could bring results. Our team studied the case carefully and made strategies to persuade the judge. To do that, we got a dozen pieces of information about those people who gave the bag to her and found that these people had criminal cases in Cameroon with similar circumstances. Our team prepared a speech for the court session for the case, meeting objective factors and evidence. The criminal court of the first instance found for innocent and freed her immediately.

The most significant thing for lawyers was sending her home to her family.

At the beginning of 2022, a group from Uzbekistan intended to go to Saudi Arabia for a pilgrimage. Due to Covid-19 measures, direct flights were suspended. They were offered to obtain Russian passports for the agreed amount of money and reach Saudi Arabia through Dubai. Once they arrived in Dubai, and were given all agreed-on passports. Then, they were going to go to Saudi Arabia. At the airport of Dubai, the border security suspected forged passports for all 22 people. They were stopped, interrogated then arrested. They said three people invited us to Dubai and gave us all these passports. The police officers apprehended two of them, but one escaped the country. The public prosecutor decided to chase only two people, and the government deported the rest.

The two accused hired us to safeguard their rights and interest during the investigation and court stages. Our team prepared a defense for them.

During the court process, we could show many contradictory pieces of evidence between them, and their role was only to find clients for the escaped person.

The judge paid close attention to our arguments and returned the case to the public prosecutor with our opinions to take more action. Then, there was one more court hearing, and eventually, the judge decided only to deport them from the country with three months in jail, but the accused had already spent more than three months. They got home and were happy to see their families again.

We can consider this case a great result if we look at the practice for patients with forged 22 passports. They were supposed to send a long-term in prison.

This company is our client, and there was a legal issue regarding increasing the rental rate for an office. They took rent for commercial property for one year. Three months later, the landlord sent a notice to terminate the tenancy agreement or to stay in the same property but pay higher rent. The tenant disagreed with the landlord and approached us to seek legal support.

According to Law No 26 of 2007, the regulations between landlords and tenants in the Emirate of Dubai. pArticle (9)

The landlord and tenant must specify rent value in the tenancy contract and should only increase such rent value or amend any of the tenancy contract conditions once the elapsed two years from the inception of the original tenancy relationship.

Our law firm filed a case within Rental Dispute Center and obtained a judgment that renewed the tenancy contract for the same period and at the same rate.

An investor bought a property in Dubai for 7,800,000 AED in 2013. According to the project completion, it should have been completed in the first quarter of 2015. Unfortunately, the property was handed over at the beginning of 2020. The property value significantly dropped by 20%. The buyer refused to pay the last payment at handed over as mentioned in the Purchase agreement and demanded to refund of the full money. The real estate developer declined to refund the money. The buyer filed an arbitration case at the Dubai International Arbitration Center.

We represented the real estate developer. Our submission was that our client fulfilled the agreement's obligations and completed the property. The claimant refused to pay the rest money and take the property.

The claimant's submission was that there was a delay in the completion of the property for more than five years, and it is enough reason to terminate the purchase agreement.

The Decision:

The arbitration tribunal dismissed the claimant's arguments.

Conclusion

Once the property is completed, even if there is a delay in completion, it may not happen that purchase agreements would be terminated, and funds would be refunded. The buyer has the right to demand compensation for the delay but not to terminate the contract.

According to DUBAI REAL ESTATE AMENDMENT - LAW NO.19 OF 2017, 29-08-2019

Law No. 19 of 2017

Amending Law No. 13 of 2008

We have strong working relationships with government entities.
Government of Dubai
Dubai Courts
Ministry of Labour
Ministry of Justice
Dubai Rental Disputes Center