Commercial law
, also known as business law, governs the legal relationships and transactions between businesses and individuals. As a seasoned legal professional with a proven track record in complex litigation, I am well-equipped to handle a wide range of commercial law matters.
My areas of expertise include:
Contractual disputes: I have extensive experience in negotiating, drafting, and reviewing contracts of all types, including sales agreements, service contracts, leases, and joint venture agreements. I can also assist with contract disputes, breach of contract claims, and contract enforcement.
Commercial litigation: I am a skilled litigator who can represent clients in a variety of commercial disputes, including breach of contract, fraud, and unfair competition.
Here are some examples of commercial law cases I have handled:
1- Dispute Resolution – Litigation \ Commercial, and this marks my First judicial precedent, Abu Dhabi
Feb 2017 – May 2017
Client: Belongs to the royal family in the UAE. He was one of the partners involved in a major project in Abu Dhabi.
The opposing party consisted of the remaining partners, who were also his brothers and members of one of the royal families.
Value (value of deal or disputed amount): the claim was to reject both appointing an expert and Judicial receivership, on an AED 390,000,000 project.
Summary: Both parties had previously requested the appointment of an expert in a different, substantive case. They wanted a thorough financial audit and document review of their project because they suspected one of the brothers (the client) of theft, betrayal of trust, and financial misconduct. The expert’s report, however, cleared the client of any wrongdoing, revealing that everything was in order. As a result, the case was dismissed.
After the dismissal of that case, the 3 partners (opponent) initiated another lawsuit, to appoint an expert to determine the facts formally. We argued that the previous decision in the substantive lawsuit should set a precedent for this formal lawsuit. However, the court disagreed to appoint the expert, stating that the new expert wouldn’t provide any new information since the same matter had already been addressed by the expert in the substantive case.
And what makes it a Judicial precedent, is that it was the first time to use subsumptive arguments in a substantive argument (a petition for determination of fact)
2- Dispute Resolution – Litigation \ Commercial, Dubai
Apr 2019 – Dec 2019
Client: The client hails from one of the royal families in the UAE.
The opponent is a prosperous Arab businessman who is also a partner of the client.
Value (value of deal or disputed amount): AED 14,000,000
Summary: Disagreements arose between both parties regarding profit distribution and company management methods. This led the partner (opponent) to request a judicial receivership, aiming to restrict the client’s involvement in company management. In response, we argued against the opponent’s eligibility to request judicial receivership. We demonstrated that, in fact, the partner (opponent) owed the client money during the company’s establishment phase because he hadn’t paid his share of the capital. The Abu Dhabi Court rejected the receivership request and ordered the opponent to settle the outstanding amounts owed to my client from the time of the company’s formation.
3- Dispute Resolution – Litigation \ Commercial, Dubai
Sep 2022 – Aug 2023
Client: The client is a well-known real estate developer in the country, having a long-standing history in the real estate industry.
The opponent, on the other hand, is an individual who bought an off-plan real estate unit from this developer.
Value (value of deal or disputed amount): AED 780,000.00
Summary: Based on a settlement agreement between the client and a buyer of an off-plan unit, the developer transferred an amount that was meant to serve as compensation for the settlement. However, the developer transferred a slightly higher sum to account for currency fluctuations. As the transferred amount did not precisely match the figure specified in the settlement agreement, the opponent (buyer) filed a lawsuit, claiming that he did not receive the agreed-upon amount due to the discrepancy. Subsequently, he obtained an enforcement order against the developer, seeking twice the settlement amount.
In response, we filed (an undeserved restitution lawsuit) as a form of an unjust enrichment lawsuit, arguing that this action was unwarranted.
In the court of first instance ruling, the case was dismissed. However, in the subsequent appeal and cassation proceedings, it was determined that the buyer (opponent) should reimburse the developer (client) the full amount transferred to his bank account, rather than the sum presented in the enforcement order.
4- Dispute Resolution – Litigation \ Commercial, My third judicial precedent, Dubai
Jan 2021 – Nov 2023
Value (value of deal or disputed amount): Approx USD 5,000,000.
Summary: The situation centers around a commercial relationship between the two disputing parties. Initially, the British court had jurisdiction because the commercial dealings occurred in the UK. The client secured a final judgment from the British court. Subsequently, the client filed a request with the Dubai enforcement judge to enforce the British court’s ruling, as the opposing party resides in Dubai. An order was issued to apply the enforcement order to the British court’s ruling.
The opposing party filed an appeal challenging the initial ruling and contested its enforcement. The Court of Appeal consolidated both appeals into one and made a decision to uphold the ruling procedurally but reject it substantively. They also declined to accept the other appeal. The opposing party then further appealed this decision to the Dubai Court of Cassation, which decided to overturn the previous ruling. The case was subsequently remitted to the Court of Appeal, to be reconsidered by a different panel of judges. In our defense, we raised two key points. Firstly, we contested the procedural validity of the appeal filed by the opposing party, as it was submitted after the legally specified deadline had passed. Secondly, we addressed the issue of enforcing a foreign judgment from Britain in the UAE, in accordance with the conditions outlined in the UAE Civil Procedure Law, which states:
- The UAE lacks jurisdiction to handle this dispute because the commercial relationship and contract involved fall under the jurisdiction of British courts.
- The judgment that needs enforcement in Dubai must meet the same criteria as it would in Britain. It should adhere to local law and public order. To demonstrate this, we’ve provided a translated copy of the British Civil Transactions Law, which illustrates that the conditions for enforcing such judgments in Britain don’t violate UAE public order.
- Both parties involved in the lawsuit were duly notified and properly represented in court.
- The judgment is final and holds the weight of res judicata, as per English law.
- There is no conflict between this judgment and any other rulings in the UAE.
Additionally, the principle of reciprocity supports this case. The United Kingdom enforced a ruling issued by Dubai courts in 2020 and also acknowledges the recognition of UAE court rulings within its jurisdiction.
The case is currently awaiting a decision from the Dubai Courts of Cassation.
Mr. Judge Abdul Rahman Murad Al Balushi, Director of the International Cooperation Department, made a request to His Excellency Mr. Tarish Al Mansouri, General Director of Dubai Courts. He suggested that, based on the bilateral agreement between the UAE and Britain regarding judicial cooperation in civil and commercial matters, and considering the absence of a mechanism for applying foreign judgments, British rulings should be applied in the UAE based on the principle of reciprocity. His Excellency referenced the same ruling we previously mentioned in our ongoing case before the Dubai courts. This ruling is considered a legal precedent and a guiding principle within the English legal system. His Excellency proposed establishing a reciprocity principle for implementing judgments between the two countries, allowing Dubai courts to enforce foreign judgments in accordance with the respective laws of both nations.
The verdict was issued on November 2023 and we’ve enforced the first foreign judgment from the English local courts in Dubai courts.