Civil Law

A construction dispute or claim is a legal challenge issued by one of the parties involved in a construction project. This can be provided by the developer, customer or other stakeholders with a financial or legal investment in the project.

In Dubai, the booming economy has seen a rise in many small and large-scale developments in recent years. These buildings are often constructed by a variety of master developers and smaller subcontractors. This has greatly increased the need for professional construction attorneys and construction dispute resolution services.

Fatima Al Shehhi Advocates and Legal Consultants team of civil lawyers in the United Arab Emirates specializing in all aspects of civil and commercial law. Our diverse team offers a rich experience in diverse areas, including but not limited to civil litigation, arbitration, commercial disputes, breach of contract, corporate matters, labor disputes, compensation claims, maritime affairs, real estate, debt collection, intellectual property, and more. The subject of civil law generally revolves around social liberties and legitimate transactions between private or public parties. However, not all transactions or agreements reach their intended destinations resulting in unwanted legal disputes between both parties to resolve the issue that developed out of this relationship. It is a topic particularly independent of criminal law, which centers around criminal offenses, for example, street crime, burglary, or assault.

Our legal team at Fatima Al Shehhi Advocates and Legal Consultants has experience in assisting central banks and financial institutions with all elements of banking and financial law. We have the experience and capabilities to handle any situation that may arise. We have been regular advisors to various banks, including AMEX Bahrain, and many private high net worth individuals, who have seen us represent clients in both conventional and Islamic banking transactions, based on our extensive knowledge. As a result of this exposure, we are better equipped to meet the regional needs of the sector. The company’s role includes providing guidance to clients both locally and globally.

Our professional lawyers are equipped to handle any and all insurance disputes you may have. Our attorneys will work alongside insurance companies to decide whether or not they are liable for damages for claims made by policyholders. Evidence will be collected from a range of sources in order to build a clear picture of what happened and advise the insurance company accordingly. We will also negotiate and draft insurance policies and contracts, and recommend changes to policy wording to comply with the law or to protect insurers from invalid claims. We will also investigate damages for late payments or third-party claims.

As one of the leading law firms in Dubai operating across the UAE, we handle a wide range of property issues, such as property acquisitions, claims, due diligence, and more. Some of the many areas our real estate attorneys enjoy include: Real Estate Acquisitions and Dispositions – including the purchase and sale of residential and commercial real estate assets. Residential Property Disputes – Consolidating disputes related to residential property, such as boundaries, title, and extensions. Commercial Real Estate Projects – Complete management of commercial property and real estate, with specializations in UAE and International Property Law. Planning and Development – In-depth legal support for planning and development applications. Including disputes and appeals.

Abu Dhabi Tenancy Law No. (20) of 2006, as amended by Law No. (6) of (2009) (the “Abu Dhabi Tenancy Law”), states that rental disputes must be referred to the Rental Disputes Committee, which is stipulated by law. However, Article (2) states that it applies to all types of real estate leased for commercial, industrial, or any professional activities, with the exception of the following activities that are not governed by the Abu Dhabi Tenancy Law: agricultural land and associated buildings. All real estate is owned by the government, which is rented for residential purposes. All properties related to ADNOC are leased for the purpose of manufacturing petroleum services. Real estate leased for hotel and tourist purposes, including furnished apartments. Some residential real estate.

The Cassation Court issued its judgment number (150) of 2014. The Court asserted that the provisions laid down in the UAE Companies Law in articles numbers (218, 222, and 322) are mandatory rules related to the public policy. These articles provide that (i) the company has an independent artificial capacity and owns all its shares and money (ii) the partners’ liability in limited liability companies is limited to their shares in the company unless there is evidence of a grave error or fraud. The Cassation Court pointed out that the claimant’s claim was not addressed to the partners in their capacity, as the claim was directed to the Company, nevertheless, the claimant did not involve the Company. The Cassation Court further highlighted that the partners’ liability was limited to their shares in the Company unless they committed fraud or grave error, and these are mandatory rules connected to the public policy, and thus these provisions could not be the subject of an amicable settlement nor arbitrated. Consequently, the Cassation Court decided to overturn the Appeal judgment and accordingly decided to nullify the arbitration award, as the arbitrators did not have the jurisdiction to review and decide on the dispute as it was governed by mandatory rules related to public policy.

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