Legal services: common practice areas

The UAE adopts a dual legal Services and system of civil and Sharia laws, and recently the system has been extended to include the common law as being practiced in Dubai International Financial Centre Courts (DIFC). So, the principles of the UAE’s laws are drawn basically from Islamic Sharia (the system of law)

In this article, you will learn everything there is to know about the common practice areas in the EUA and how these are available and useful to your business.

1. Arbitration
2. Banking and finance services
3. Company incorporation
4. Corporate and commercial
5. Employment law
6. Engineering and construction
7. Family business and private wealth
8. Family law
9. Real estate
10. How can Connect Legal help your business.

1. Arbitration

Arbitration is the simplest policy used to resolve disputes amicably worldwide. Therefore, it offers several advantages over traditional litigation due to its flexibility, confidentiality, and speedy disposal. Furthermore, legal services are usually composed of qualified attorneys with vast local and international experience in handling Arbitrations across a plethora of industries and sectors. Also, teams of Multi-lingual lawyers have the expertise and capability to advise clients and deal with arbitration procedures and proceedings inside and outside the U.A.E.

This usually covers all industry sectors including;

• Construction, infrastructure, and engineering
• Corporate and mergers and acquisitions
• Joint ventures
• Franchise, Agency, and Distribution
• Financial services including Islamic finance
• Insurance and Re-insurance
• Real Estate
• International Trade
• Investment

2. Banking and finance services

The sporadic changes in the financial, institutional and regulatory framework in UAE have transformed the way banking business is conducted and requires legal arrangements. Also, advocates are keen to assist and swiftly advise clients to adapt to the new banking ways to help them to achieve their business objectives.

Similarly, almost every legal service provider helps its clients navigate current financial markets in Banking and Finance Securities. Furthermore, providing their clients with lawyers that have experience in local and international banking and finance laws, regulations, and customs.

In addition, lawyers possess an intimate understanding of the local legal and economic markets as well as the governing laws and customs in the banking industry. Therefore, they usually represent local and international banks and financial institutions in both conventional and Islamic transactions.

In addition, lawyers serve as  advise lenders and borrowers on all aspects of structuring, negotiating and documenting finance transactions including drafting and execution of lending and securities documents; local banking compliance rules and regulations; bank-customer regulations; and recovery and litigation proceedings at every level of the judiciary system.

Among the services we can include:

• Banking Litigation and Enforcement
• Investment Funds and Structures
• Islamic Finance
• Derivatives
• Real Estate Financing
• Ship, Aircraft and Asset Financing
• Project Finance
• Incorporation and Licensing of Financial Institutions
• Restructuring and Insolvency

3. Company incorporation

Company incorporation services provide professional and personalized assistance to individuals and international companies who are looking to establish a business presence in the United Arab Emirates. In addition, attorneys assist the clients’ in setting up and maintaining good standing companies. Usually, ranging from companies incorporated under the Commercial Companies Law to companies incorporated within the Free Zones in Dubai, Sharjah, Ajman, Ras Al Khaimah and/or Abu Dhabi. Similarly, the company incorporation usually includes these types of registrations:

• Professional licenses
• Limited liability companies
• Free zone companies
• Branches and representative offices of non-UAE companies
• Professional associations, and/or business forums
• Offshore companies incorporated within UAE Free Zones and/or within other offshore locations

4. Corporate and commercial

Basically, every single team of lawyers has a deep understanding of the UAE’s business and legal environment. Therefore, they provide corporate and commercial advisory services to ensure that business transactions are conducted smoothly and the clients’ business interests are legally protected. Usually, attorneys strive to be focused on clients’ overall commercial objectives in structuring and negotiating transactions.

Furthermore, expert lawyers understand fully the nature and extent of business and legal risks in the Middle East. Therefore, enabling them to advise on and prepare the full gamut of commercial agreements required by businesses, both in the strategic and the operational spheres. Similarly, services range from the review of the standard form of Agreements, commercial contracts to negotiating and drafting complex commercial contracts.

Therefore, most lawyers firms have an in-depth understanding and knowledge of the local legal and regulatory environment. Also, they are coupled with the delivery of advice in line with international standards, enabling them to provide practical, cost-effective commercial advice to clients.

Similarly, lawyers in the EUA are well versed to handle transactions that require a complex and novel set of contractual documents to suit the specification of the transactions, which includes:

• Purchasing contracts
• Leasing contracts
• Commission contracts
• Consignment contract
• Authorizations
• Preparation of contracts with agencies (procurators, attorneys, agents, brokers)
• Franchise Agreements
• Settlement Agreements
• Construction Contracts
• Tenancy contracts
• Concession Agreements
• Real Estate Agreements
• Memorandum of Understanding (MOU)

5. Employment law

This common area of practice offers a range of legal services for international and regional employers in all sectors and the entire term of their employment relationship. Therefore, Lawyers safeguard all aspects of employment law in the public and private sectors, whether onshore or within the free zones of UAE.

Similarly, legal firms are keen on assisting any of the client’s employment queries and provide expert advice on a wide range of employment matters including but not limited to redundancy and termination management, employee’s entitlements under the UAE Labor Law, drafting employment contracts, drafting and remodeling of service contracts or key company Human Resources Policies and Ministry of Labor compliance.

Also, clients are guided through the complex and changing employment environment in the region and provided advice and assistance that is practical, commercially viable and cost-effective. In addition, lawyers remain at the forefront of any changes in regional law and clear and regular communication to clients’ is key to any employment law practice which includes:

• Policies, procedures, and contractual documentation: Service agreements, employment contracts and employee handbooks, for all categories of staff, including directors and senior executives.
• Corporate Support: Employment aspects of acquisitions and disposals (both share and business transactions), including due diligence and related reports.
• Business Reorganizations: Redundancy programs, changing terms and conditions, and transfer of employment.
• Employee Relations Issues: Disciplinary, dismissal and grievance procedures, settlement negotiations and severance agreements.
• Litigation Assistance: Before the relevant labor authorities, labor courts and other courts, from termination and bonus claims, to protecting trade secrets, confidential information and business interests.

6. Engineering and construction

With the emergence of multilateral investment agreements and the availability of investment opportunities in the Real Estate sector, the construction industry has also boomed in UAE. Therefore, most legal services offer a steady legal bridge between the construction laws, policies, investors and developers in the UAE.

Similarly, attorneys also provide a significant level of legal specialism to the engineering and construction sector, by offering a comprehensive advice service for both procurement and resolving disputes. Therefore, with vast experience in handling construction projects and related matters, advice is tailored to meet the client’s commercial needs, which are always paramount.

Also, an understanding of the industry in UAE enables lawyers to advice on all construction-related legal needs throughout all sectors of the construction industry inclusive of contentious and non-contentious matters. Therefore, lawyers pride themselves on assisting in all aspects of construction and infrastructure law, acting for employers, contractors, sub-contractors, facility managers, developers, consultants and other industry participants.

Furthermore, importance relies on the clients’ objectives and the broader commercial and practical issues that need to be addressed in the drafting of contracts as well as in the advice and assistance to Clients. In addition, these services include:

• Contract drafting, administration assistance, and advice
• Tender and project documentation
• Risk management strategies
• Claims preparation and assistance

7. Family business and private wealth

Family-controlled businesses dominate many key industries in UAE. Therefore, many legal consultants provide legal solutions to families in business, who seeks a platform for wealth management and preservation.  Also, Specialist teams of lawyers build legal structures for family businesses and investments and put in place binding agreements. Thus, shielding family assets from both external and internal risks and exposures. Therefore, attorneys develop family agreements and trust deeds which formulate clear seamless succession and sound stewardship for families in business under both Sharia and common law inheritance rules.

Similarly, many firms provide the following specialized services:

• Family-related Constitutions.
• Create frameworks for resolving issues and differences, without damaging the fabric of the family.
• Structure family businesses and investments to reduce and manage legal risks and exposures.
• Legitimate Structures securing against and overseeing lawful dangers and exposures connected with family business ventures.
• Tying family constitutions, which oversee and channel dialogs and civil arguments, and make ready for a reasonable and methodical move to future stewardship.

8. Family law

Attorneys provide consultations and full representation in all stages of family matters, proceedings, and disputes.

Therefore, firms offer legal help, advice, and services on:

• Islamic and non-Islamic Marriages
• Islamic and non-Islamic Divorces
• Family and patrimony legal issues
• Financial consequences on divorce
• Mediation
• Alimony
• Spousal maintenance
• Domestic Violence
• Paternity disputes
• Custody and Guardianship

Nuptial Agreements: Marriage, in many respects, is like a partnership between two like-minded people. Therefore, the identification of responsibilities between the parties can be used to develop and maintain the property belonging to one of the spouses. Usually, this happens when one of the partners has substantially fewer assets than the other.

Separation: At some time point of a malfunctioning marriage, a couple may realize that the best solution would be to go in for a divorce. Therefore, a practical solution would be to negotiate a settlement rather than fight tooth and nail against each other. Also, to take this forward, you would have to go in for a separation agreement to take care of all your legal obligations. In addition, if you and your spouse can agree on these grounds, you can have a divorce easily and without any judicial intervention and on amicable grounds too.

Custody and Visitation: When a marriage breaks up, children become a very important aspect of the final settlement between the two spouses. Therefore, as a parent, your concern for your children is natural and uppermost on your mind while working out an arrangement with your spouse so that the children can live with one parent and regularly meet the other and so enjoy a healthy relationship with the non-custodial parent.

9. Real estate

The real estate sector represents a significant element of the UAE economy.  Therefore, Property lawyers have the required knowledge, experience, and proven capabilities to handle property transactions at all levels ensuring the value for money and quality services to clients. Also, regularly attorneys advise on the sale and purchase of the real estate, lease and sub-sale, tender processing, auction bids and Litigation.

Similarly, Legal consultants provide bespoke advice to clients on a broad range of matters including:

• Real Estate due diligence and Joint ventures
• Advising on turnkey projects, development and management rights, and handover procedures
• Advising on Clients’ legal position in real estate transactions.
• Drafting Sale and Purchase Agreements, lease, Addendum(s ), complex rules and regulations and accompanying Agreements
• Investigating the legal regime and possible burdens of real estate
• Real Estate Litigation and Arbitration
• Obtaining bank loans to buy properties and offering advice for mortgages

10. How can Connect Legal help your business?

In Connect Legal, our team of experienced lawyers versed in the updated rules and regulations can help you solve all of your legal issues. Also, we can assist you on a variety of specific legal topics and understand your unique requirements to provide an excellent solution.

Would you like to contact Connect Legal? You can call at +971 4331 6688 or send an email to contact@connectlegal.ae, and you’ll talk to one of our representatives that will gladly answer all of your questions.

Do you want to get in touch with us and become a part of our team? Please enter to thetalentpoint.com and submit your CV or resume.  Get in touch with us through e-mail at Contact@thetalentpoint.com. Do it now! We´re waiting for you!