A recent decision of the DIFC Court of Appeal in Goel and Others1 confirmed that a reference to “Dubai Courts” or “Dubai Courts” may be sufficient to establish a “specific, clear and explicit” agreement to choose the jurisdiction of the DIFC courts under Section 5(A)(2) of the Judicial Authorities Act (JAL).2 This publication/newsletter is for informational purposes only and does not contain or provide any legal advice. The information contained herein should not be used or relied upon in connection with any particular fact or circumstance without first consulting a lawyer. All opinions expressed in this document are those of the author(s) and not necessarily those of the clients of the law firm. Our experience in structuring, drafting and negotiating commercial contracts covers a variety of sectors, including SMEs, real estate, hospitality and leisure, retail, construction and oil and gas. Over the past decade, we have advised and drafted thousands of agreements, including: Our team of legal experts is home to some of the best contract law lawyers in Dubai with extensive experience in how contact is made for any scale and how contract law is applied in the UAE. In clear terms, a person can consider 2 different methods in which the contract could be interpreted, namely subjectively and objectively. In most cases, the judge wants to consider the intentions of the contracts as subjective or the actions and how they are associated with certain clauses as if they were in the objective. Trade contracts and agreements connect the business world to each other. While oral contracts can be legally enforceable, their terms can be difficult to prove.
Therefore, it is always advisable to have a written contract with suppliers, customers, consultants; and/or government agencies. Background: Credit Suisse (Switzerland) Limited has initiated proceedings before the DIFC courts to enforce the guarantees of four persons (the guarantors). The underlying collateral arrangements were concluded with Credit Suisse AG, a “DIFC branch” within the meaning of the JAL (collateral arrangements). However, Credit Suisse AG and each of the guarantors subsequently entered into collateral transfer agreements and replaced Credit Suisse AG as the party to whom the guarantors owed their obligations (collateral transfer agreements) in place of Credit Suisse (Switzerland) Limited (a non-DIFC entity). To resolve these issues, it is of the utmost importance to understand how the court will apply the interpretation or interpretation of the contract. Our team benefits from specialized lawyers with extensive experience in drafting contracts of all sizes and, above all, experience on how best to apply it in the UAE. We are a team of experts who provide legal drafting services in Dubai and invest heavily in the development and exploration of tailor-made agreements for clients of various companies who are looking for a wide range of objectives with their reports, the law that must be followed. We also help our clients choose the advantageous type of contracts and arrangements to do business in Dubai so that they can achieve their goals and achieve profitable results at as low a cost as expected. Accurate recording is necessary for successful business transactions and lasting relationships in a booming economy. At a time when different industries are developing in a country, making sure the law is properly followed becomes a challenge, and only specialized professionals can help you get your right contracts. We have the best contract drafting lawyers in Dubai, United Arab Emirates.
The drafting of legal texts is carried out by lawyers, as they are well acquainted with the legal issues that should be written in a legal document. It is fundamentally a creator of legally binding texts. Another thing lawyers do is draft a Protocol of Association (MOA). This document is required in the process of forming and registering a limited liability company (LLC). This legal document defines the relationship between an LLC and its shareholders. It indicates the name of the company, the names of the shareholders, the address of the company and the distribution of the shares. Although the IGPL included an argument that the parties had agreed to evade the jurisdiction of the DIFC courts, whereas in this case the issue was whether the parties had agreed to choose the jurisdiction of the DIFC courts, Justice Martin concluded that the judgment in IGPL was particularly relevant because: (a) the relevant agreements are subject to the applicable laws of the United Arab Emirates; (b) the phraseology used in jurisdiction agreements is essentially identical; and (c) at the time of the conclusion of the jurisdiction agreements, one of the parties was a DIFC company. He therefore held that the court was required to apply the IGPL`s arguments to conclude that clause 17.1 of each of the guarantee agreements embodied the mutual intention of the parties at the time of signing the guarantees to confer jurisdiction on all dubai courts, including the DIFC courts. When drafting a contract with a company in Dubai, the supplier and the customer must meet and discuss the details, conditions.
There are cases where one of the parties is interested in agreeing or negotiating certain terms. Please note that a case is completely legal, but it is best to have your lawyer in Dubai at the time of negotiations to have legal support. If the supplier accepts the new terms and conditions, the agreement will be approved by both parties and will enter into force at the agreed time. Our real estate lawyers in Dubai specialize in all types of rental transactions such as long-term leases (residential, commercial and commercial). We accompany our clients throughout the lease preparation process and throughout the rental period, whether for owners or tenants. In most cases, clients who belong to an environment where customary law is applied will need expert support and advice to ensure that the contract protects their personal interests and fits the purpose. Since UAE law is governed by the UAE Civil Transactions Act, conflicting disputes over contract law are inevitably determined by a subjective method. Our Dubai law firm with some of the best contract and contract lawyers will work in collaboration with real estate lawyers in Dubai to ensure you get the best advice and support that suits the law in which your contractual disputes are handled.
If you need expert legal advice, please call us now It is also worth noting the weight that the court attaches to the fact that the guarantee agreements are subject to the laws of Dubai and the applicable federal laws of the United Arab Emirates and not the DIFC law. Judge Martin noted that, although the adoption of the DIFC laws as substantive law of the agreement was a strong indication that the parties intended the DIFC courts to have jurisdiction, the reverse proposal did not carry as much weight. Indeed, it is common for the “opt-in” jurisdiction of the DIFC courts to include the settlement of disputes subject to substantive laws other than the laws of the DIFC. One of the documents that can be drafted by lawyers is a will or will. It is a legal document created by a person and expresses what they want in case they fall into terminal illness or death. There are beneficiaries who participate in the drafting of a will or the drafting of a will. In addition, a person appoints an executor (whether a family member, friend, etc.) who will execute the mentioned legal document when the time comes. The law firms Ibrahim Al Banna Advocates and Legal Consultants are known for their impeccable contract drafting and review services. We support local and foreign clients in the protection of their interests and rights with tailor-made contracts. Thanks to the trust of our clients, we become the fastest growing law firm for contract drafting in the United Arab Emirates. In clear terms, a person can envision two unique methods where the agreement could be interpreted specifically, subjectively, and objectively.
As a general rule, the mandated authority wishes to examine contractual expectations as subjective or to examine activities and their consequences with certain statements objectively. This is one of the common things lawyers do when drafting wills and trust agreements. As it is regularly sought after by the population, there are many will projects in the country. .