Litigation

TLG is mainly concentrated on the practice of Dispute Resolution and is well-known for having a team of antagonistic litigators, experts in handling all forms of disputes and in various jurisdictions across the region. It is our dispute resolution practice which has given us the niche over others and a market leading status. The nature of disputes which TLG successfully handles includes civil, commercial, criminal, corporate crimes, shareholders and other forms of corporate disputes, E-commerce, patents and trademarks, Real Estate, Construction, Franchising and Distributors disputes and Maritime and Insurance.

TLG is the only law firm in the UAE that has the efficiency to conclude court cases and obtain final judgments within twelve to fifteen calendar months in the Emirates of Dubai and four to six months calendar months in other Emirates like Abu Dhabi.

TLG's dispute resolution practice is primarily divided into Litigation, Arbitration and other forms of Alternative Dispute Resolution including Mediation and Conciliation. TLG is also registered in the DIFC Courts under Part I and its authorization attorneys are registered to conduct proceedings and appear before the DIFC Courts.

Arbitration

TLG is a major player in the area of arbitration and alternative dispute resolution. We represent a large number of clients for all forms of arbitration disputes in ad hoc Dubai International Arbitration Centre (DIAC); International Chamber of Commerce Court of Arbitration (ICC); DIFC LCIA Arbitration Centre; Dubai International Islamic Centre for Reconciliation and Arbitration, Ajman Conciliation and Arbitration Centre; and RAK arbitration centre of Ras Al Khaimah Chamber of Commerce and Industry.

As per the official statistics issued by Dubai International Arbitration Centre, a total number of 186 cases were filed in the year 2010 out of which 32 cases were filed by TLG which included two class actions filed on behalf of twelve (12) claimants. This entails that 17% of all cases filed before the Dubai International Arbitration Centre in the year 2010, were filed by TLG.

Furthermore, as can be confirmed from public records, the Dubai International Arbitration Centre is currently handling approximately 500 active cases out of which approximately 80 cases are filed and/or represented by TLG entailing a current legal representation in 17% of the cases filed in DIAC by TLG.

TLG advises clients on preparing arbitration clauses and agreements. Our initial focus in matters of alternative dispute resolution is to obtain an out of court settlement by other methods including mediation and conciliation. TLG has dedicated team of experts in handling complex arbitrations disputes on FIDIC conditions on contracts for major works (the Red, Orange, Green and Silver Books).

Real Estate

Real estate is an ever changing marketplace but never has it been more important to optimise the performance of your local or global portfolio and investments. We understand this.

The UAE, and in particular the Emirate of Dubai, was seen at the turn of the century as an emerging market with unprecedented inward investment from the foreign investors and exponential growth. This boom, which was mainly driven by the sale of 'off plan' properties, came to an end during the global market downturn towards the latter end of the first decade of the twenty-first century. This, not only changed the outlook of investors but also of law makers as they strived to return investor confidence to the region.

Over the past two years there has been somewhat of resurgence in the UAE real estate market. However investors' attentions have now been turned away from under construction projects and are now more focused on newly built properties in sought after areas yielding higher rental returns.

TLG through its mix of well respected western and local property lawyers has been able to stay at the forefront of new developments in the local market and has been able to advise clients on all aspects of real estate transactional work in the region.

TLG's depth of resource and expertise is available to help you across a range of jurisdictions. We work seamlessly across borders. Our clients benefit from our leading real estate experts available which also allow us to advise on sale and acquisitions of property in the United Kingdom of Great Britain and Northern Ireland; acting for both foreign investors and British ex-pats based in the GCC.

Our breadth and depth of knowledge makes us leaders in the field real estate transactions and enables us to provide an unparalleled and bespoke legal service in all aspects of real estate law, including the following:

• Legislative and Regulatory issues for investors and developers
• Advising on set up of Owners Associations under law no. 27 of 2007 concerning Jointly Owned Property in the Emirate of Dubai (JOP Law) ("Strata")
• Advising on mixed use jointly owned properties (volumetric sub-division) in accordance with JOP Law
• Advising on issues facing Owner's Associations and Association Managers
• Providing legal support and advice to Owner's Associations and Association Managers on tendering for supply contracts and maintenance contracts
• Developer compliance
• Setting up and licensing real estate businesses
• Acquisition and Sale of Freehold property in Dubai
• Long term leases – Commercial, residential and retail
• Short term tenancies – Commercial, residential and retail
• Occupancy licenses – Commercial, residential and retail
• Finance and securities
• Investor portfolio management
• Consolidation negotiation and implementation for investors
• UK property sale and acquisitions
• UK tenancy matters and dispute resolution

Construction & Engineering

In a developing country such as UAE the need for the people in the construction industry to seek legal assistance has been felt increasingly. In an era of mega structures outlining the skyline of Dubai, TLG serves as a one-stop shop for various key players of the industry including employers, contractors, sub-contractors, architects, design teams, insurers, insured, developers, funders and consultants.

We advise on procurement strategies, construction risk management and insurance coverage issues for project owners and contractors of various project developments including retail, recreational, commercial, residential and mixed used developments. We advise on efficient contract administration and effective claims management.

Our team of construction specialists provide advice on construction, engineering and process engineering methods.

TLG is involved in drafting and negotiating all types of construction contracts and design agreements, We also draft documents such as bonds, guarantees, collateral warranties and insurance documents and advice on the recent development of laws and carrying out compliance with construction industry and local regulations in the UAE.

TLG has a dedicated team of experts on standard forms of contracts published by the, FIDIC, ENAA and AIA.

Jointly Owned Property (STRATA LAW)

The Dubai's Jointly Owned Property Law No. 27 of 2007, and has set a new dimension to the real estate law which is emerging as a new and specialist area of practice in itself. TLG's team of STRATA experts are up to date with the new developments and requirements on this new branch of law and provide comprehensive overview and advisory to all the interested parties such as the master developers/sub developers, individual owners, general managers and the owner's association.

We draft all kinds of documents such as jointly owned property declaration, property management agreements, Rules of Association and other related documents. We also provide legal advisory and assistance on rights and obligations of the parties involved, management of common property and shared facilities, monetary liabilities associated with the Strata Law and registration and establishment of Owner's Association. We further advice on the regulations and management of the Owner's Association, community and municipality rules.

Banking and Finance

TLG has recognized expertise in various types of banking and finance transactions. We have advised some well known real estate developers on financial investment structuring and re-structuring We have further advised some of the prominent banks in the region regarding their trust account compliance and debt recovery for personal and commercial lending. We regularly advise banks on compliance with UAE Central Bank regulations and banking laws and carry out advisory and transactional works in the following areas:

Asset finance and leasing

• advising and drafting asset finance and hire purchase documents (inc. ships, aircraft, yachts, plant and machinery)
• advising on taking security of particular types of assets (inc. chattel mortgages, debentures, guarantees, performance bonds)
• drafting and negotiating receivable finance documents
• advising on appropriate lending structures and vehicles

General corporate banking

• advising and drafting on bi-lateral lending to the full range of legal entities
• advising and drafting bespoke facility and security documentation
• drafting and advising on inter-creditor and subordination agreements
• drafting and advising on guarantees, indemnities and surety documents
• reviewing and advising on different types of security structures
• corporate restructuring for stressed and distressed entities

Property financing

• Stand-alone property finance
• Development finance
• Property due diligence
• Preparing and reviewing certificates of title and reports on title
• Preparing all manner of property, security and construction documentation including guarantees and collateral warranties
• Advising on domestic and offshore borrowing vehicles, including offshore limited partnerships, overseas unit trusts

Project financing

• Wind power and other renewable energy projects
• Medical equipment projects
• Staff residential accommodation projects
• Modular accommodation projects
• Nuclear Energy projects

Receivables finance

• Drafting and negotiating receivables finance documentation
• Appropriate lending structures and vehicles
• Taking security over receivables and perfecting security interests
• Subordination, inter-creditor and payment blockage mechanisms in multi-layered transactions

Shipping and yacht finance

• Debt and equity financing
• Pre and post-delivery financing of new buildings, including assignment of shipbuilding contracts and refund guarantees
• Financing of second-hand vessels and sale and purchase work
• Refinancing
• Flagging issues
• Leases
• Commercial, technical or management and agency agreements
• Joint venture agreements and special projects
• Formation, acquisition and investment in shipping companies worldwide

Trade finance

• Finance mechanisms, such as documentary collections and documentary credits, export factoring and credit-insured financing
• Transactional lending and the retention of title over cargoes
• Security provisions and measures, such as guarantees, performance bonds, standby letters of credit, warehouse warrants and hedging arrangements

Other works to be carried out by the banking and finance department includes:

Islamic finance –

• Murabaha, Istisna'a, Mudaraba, Musharak and Ijara financing instruments and Sukuks

Corporate

We regularly advice companies matters of corporate laws and business contracts. Briefly, these services include the following:

• Advising generally on UAE Commercial Companies Law (Federal Law No. (8) Of 1984 as amended), Free zone regulations, UAE Commercial Transactions Law, Civil Code, the Strata Law and other statutory enactments;
• Drafting and/or reviewing all commercial contracts the Company may enter with its investors, contractors, suppliers, consultants, and/or with third parties;
• Advising on international contracts including advisory on arbitration, mediation, and commercial aspects;
• Entering into negotiations on behalf of the Company with third parties with the objective to achieve fair and just settlement that is in with Company's interest
• Drafting internal board resolutions, by-laws and forms in line with statutory enactments; and
• Advising on company structure, corporate governance, shareholding pattern and so on.

Commercial

Under Maintenance

Shipping

TLG routinely acts for shipping companies on the requirements, procedures and implications of the UAE Federal law No. 26 of 1981 as amended in 1988, Ministerial Decrees, other laws regulating local vessels and International Conventions to which UAE has adhered to.

Our services include, but are not limited to, the following, some of which areas have been further particularized further below:

• 1- New building contracts;
• 2- Ownership and Joint Ownership of ships;
• 3- Due diligence by the carrier;
• 4- Ship Registration;
• 5- Maritime debts/UAE ship Mortgages;
• 6- Port State Control and inspections;
• 7- Charterparty ;
• 8- Contracts of carriage;
• 9- Bill of lading;
• 10- Conflicts between charterparty and bills of lading
• 11- Obligations of the ship owner;
• 12- Liabilities of the ship owner;
• 13- Limitations of carrier's liabilities;
• 14- Collisions, Salvage, Wrecks removal and pollution
• 15- Ship arrests;
• 16- Marine insurance;
• 17- Piracy;
• 18- Jurisdictional matters, dispute resolution and time bars;
• 19- Pre-trial representation;
• 20- Negotiations and settlements;

Building contracts

We regularly review and (if necessary draft) New building contracts for the Company and advice the Company on issues related to:

• The formalities involved in the drafting and execution of building contracts;
• The passing of the title of the ship;
• delivery of the ships;
• defective vessels and limitation of ship builder's liabilities; and
• cancellation of the contract and compensation

OWNERSHIP, JOINT OWNERSHIP AND MANAGEMENT OF THE VESSEL

Article 73 to Article 255 of the Maritime Code lays down specific provisions regarding various aspects of the management of the vessel. The law defines the specific procedures for the appointment of the Master; the selling, recovery and transfer of shares if the ship is jointly owned; the chartering of the ship, the obligations of the charterer; the selling or transfer of ownership of the ship etc. provide legal advice to the Company on all aspects of the management of the Company in so far as it is related to the same being pre-defined and laid down under the laws.

CHARTERPARTY, BILL OF LADING AND CONTRACTS OF CARRIAGE

The various forms of agreements executed between ship owners, charterers, and consignees ought to be carefully reviewed by each party in accordance with their legal implications on the rights and obligations of contracting parties. The UAE court decisions have set many precedents on the issues of how certain specific clauses of the various maritime contractual agreements are construed and what is their effect of the liabilities of the parties. We shall agree to draft, review and emend all types of contractual engagements and transactional documents to be executed by the Company and advice the company on the risks and implications of each particular clause. These agreements and issues may include:

• Charterparty including voyage charter, demise Charter, time charter;
• Agreements for carriage of goods;
• Importance of Reservations in Bills of Lading;
• Jurisdictional clauses on bills of lading and terms printed at the back;
• Conflicts between terms of charterparty and bill of lading;
• Multiple bills of lading

LIABILITY AND LIMITATIONS

The loss arising from loss of cargo can outweigh the value of the vessel thereby ruining a ship owner. UAE like various other jurisdictions allows, for reasons of public policy, the limitation of liability of the ship owners. UAE Maritime code allows a ship owner to limit the liability based on tonnage. The UAE courts have recently confirmed the application of the 1976 Convention ad confirmed the ship owner's right to limit its liability in defined circumstances. It is mandated for each ship owner to have a clear vision of its liabilities towards various third parties, its rights to limit and clear information the risks it may be exposing itself to. TLG renders advice on the following issues in particular:

• The limitation regimes that apply;
• What claims can be limited;
• What parties can limit their claims;
• Impact of Limitation of Liability Convention of 1976;
• Exemption of liability resulting from fault or omission of shipper and/or third party;
• Liability of a carrier under a bill of lading vis-à-vis a consignee;
• Liability for damages caused to cargo;
• The cases of latent defects;
• Wrongful information relating to cargo;
• Carrier's liability for delays in delivery;
• Liability of the Master of the ship;

SHIP ARRESTS

There are certain situations defined under Article 115 of the UAE Maritime Code whereby an order of arrest of the ship and in other limited circumstances a sister ship can be sought from and granted by the Courts. A ship owner must also remain aware of the circumstances which would expose it to an order of arrest and its rights to:

• Raise through its local agent, Master or local advocate an immediate objection against the arrest proceedings;
• Scheduling a hearing on an urgent basis;
• The procedures involved in securing the immediate release of the vessel including the preparation of a bank guarantee etc.

E-Commerce and Information Technology

Under Maintenance

Employment

In order to raise awareness within the organization and to maintain employer-employee relationships, we advise:

• Generally on statutory regulations including but not limited to UAE Federal Labour Law (No. 8 of 1980), Federal Law No. 6 of 1973 concerning entry and residence of Foreigners, ministerial resolutions and immigration bye-laws, conflict of interest provisions etc;
• Drafting employment contracts, employee manuals, summary of standard employee benefits and forms in line with the above regulations;
• Drafting non-disclosure and non-compete contracts for senior management so as to protect interest of employees as well as the company.

Intellectual Property

We regularly manage companies intellectual portfolio and advise generally in area of intellectual property regulations including advise on internal resolutions of Ministry of Economy. Our expert attorneys render their services to the various local and foreign companies and newly established organizations to be in compliance with the Copyright law under Federal law No. 2 for 2002. We advise on registration, licensing and transactional issues involving patents, copyrights, trade-mark protection and designs. Our services whenever deemed necessary include the following:

• Intellectual property strategy coordination worldwide;
• Trade secret protections;
• Intellectual property infringement litigation and arbitration;
• Licensing of Intellectual Property Rights and Transfers of Technology including licensing and assignment of various rights including patent, trade secret, copyright and trademark.
• Copyright services including infringement reviews, counseling and litigation and registration for all types of works.
• Trademark services including clearance, registration, and enforcement, oppositions and cancellations, due diligence; we render negotiation and drafting of licenses and co-existence and con-current use agreements, assignment agreements, intercompany license agreements, etc.