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A Guide to Managing Legal Disputes in the UAE

Start with the contract and its dispute resolution clause, and leave litigation until last

What a business dispute costs beyond legal fees, and how to manage one. The article covers reading the contract's obligations, governing law and dispute resolution clause, putting the evidence into a timeline and taking legal advice early. It then compares negotiation, mediation and arbitration with litigation, and explains why written communications and a clear clause matter.

Reviewed by Mohamed Noureldin, Founder, Managing Partner & Senior Legal Consultant

A disagreement with a customer, a conflict with a supplier or a dispute between shareholders can quickly turn into a time-consuming and expensive legal battle. However well you run your business, disputes are an unfortunate but inevitable reality. When one arises, it is easy for emotions to take over. How you manage it can have a significant impact on your company's finances, its reputation and its long-term success.

The hidden costs are often greater than the fees

Legal disputes can do a business serious damage. The most obvious cost is financial: legal fees, potential damages and the diversion of company resources. The hidden costs are often even greater.

Management time is taken up by the dispute instead of being spent on growing the business. Employee morale can suffer. Your company's reputation can be damaged. Valuable business relationships can be permanently destroyed.

The goal, then, is not just to "win" the dispute. It is to resolve it in a way that minimises these costs and lets you get back to business.

The contract is your single source of truth

Your contracts are your first line of defence. Before you do anything else, find the contract that governs the relationship and read it carefully. Pay close attention to:

  • The relevant obligations. What did each party agree to do?
  • The governing law. Which country's laws apply to the contract?
  • The dispute resolution clause. In this situation it is the most important clause. It tells you how you are supposed to resolve the dispute. Does it require negotiation or mediation before you can go to court? Does it require arbitration instead of litigation?

Our lawyers also offer legal contract review, and our rental dispute lawyers can guide you through the Rental Dispute Center process.

Your lawyer needs the facts in order

Put together a clear, chronological timeline of events. Gather all relevant documents (emails, letters, invoices, meeting notes) and organise them in order. This will be essential for understanding the facts of the case and for briefing your lawyer.

Where the dispute concerns property, our real estate law advisory service covers the legal title verification process.

The earlier you take advice, the more options you have

Do not wait until the dispute has intensified to talk to a lawyer. A good lawyer will:

  • help you understand the strengths and weaknesses of your legal position;
  • advise you on the potential costs and risks of different courses of action; and
  • help you draft a clear and professional response to the other party.

Which team can help next depends on who the dispute is with: our banking disputes lawyers if the other party is a bank, our landlord and tenant disputes team for Dubai rental disputes, and our property legal advisory team for property management questions.

Leave litigation until last

Going to court is expensive, time-consuming and public. Litigation should always be the last resort. Alternative dispute resolution (ADR) methods are often a much better option for businesses.

  • Negotiation is the simplest form of ADR. The parties discuss the dispute directly and try to reach terms both can accept. This should almost always be your first step.
  • Mediation brings in a neutral third party, the mediator, who enables the parties to negotiate a settlement. The mediator does not make a decision; the mediator's role is to help the parties talk. Mediation is confidential.
  • Arbitration is a more formal process. You present your case to a neutral arbitrator, or a panel of arbitrators, who makes a legally binding decision. It is like a private court case, and it is generally faster and more confidential than litigation.

Your contract's dispute resolution clause may require you to use one or more of these methods.

Our lawyers act in banking disputes and offer representation before the Rental Dispute Center.

Any email or letter could potentially become evidence

All your communications with the other party should be calm, professional and in writing. Avoid emotional statements and personal attacks. Stick to the facts. Remember that any email or letter you send could potentially be used as evidence in a legal proceeding.

For professional legal guidance, see our legal document and agreement review service.

Write the route to resolution into the contract

The best way to manage a dispute is to prevent it from happening in the first place. A well-drafted contract with a clear and appropriate dispute resolution clause is your best defence. It gives you a clear roadmap for resolving disagreements before they turn into costly legal battles.

Our legal document drafting and contract and agreement drafting services cover this work, alongside our agreement review service.

Nour Attorneys can help you draft contracts that minimise the risk of disputes, and can give you the advice and representation you need to resolve conflicts when they do arise.

Disclaimer: this article is for general information only and does not constitute legal advice. Readers should seek professional legal advice on their own circumstances before making any decision or taking any action based on it.

Further reading

These articles look at banking, commercial, rental and insurance disputes in the UAE. For a rental matter, see also our rental dispute practice.

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