At Al Aidarous, we turn the disputed into the undisputed.
OUR LITIGATION PRACTICE
Navigating a civil law system based on Sharia law and Arabic civil legislation while embracing English common law and international norms can be difficult. A delicate balance must be observed.
Working with experienced legal counsel who have local and international experience and know-how as well as an exceptional grasp of English and Arabic is essential to successfully operating in both systems.
This is why we at Al Aidarous are ideally positioned to assist.
We have developed a reputation in the market for handling complex and high value litigation matters. Tactically astute and tenacious, Al Aidarous is widely recognised for devising legally viable solutions that make commercial sense and help our clients achieve their business objectives.
We adopt a pragmatic and commercially aware approach to dispute resolution. We prepare litigation strategies for clients through pre-filing assessments. We ensure that our clients are always fully up to date with proceedings.
We have extensive experience in the civil law jurisdiction of the MENA region. From handling civil and commercial claims and injunctions and attachments, to the recognition and enforcement of foreign judgments and arbitral awards before national courts.
Our highly qualified, multilingual team boasts multiple practice specialties. Members include Emirati advocates as well as lawyers from the Middle East, Europe and Africa.
The civil law system in the UAE operates based on civil laws and codes influenced by Sharia principles, particularly in matters related to personal status and family law. Arabic is the official language of the onshore courts, and legal representation is allowed for parties involved in civil disputes.
The UAE civil courts handle various types of civil matters and play a significant role in administering justice and resolving disputes. They operate at different levels, with specialised courts for specific types of cases.
The courts structured hierarchically, starting with Courts of First Instance, followed by the Court of Appeal, and then the Federal Supreme Court / Court of Cassation as the highest civil court.
The DIFC is Dubai’s financial district and was established in 2004.
It is home to over 2,500 companies, including many multinational corporations, financial institutions, law firms, and other professional service providers.
The DIFC has its own legal system: the DIFC Courts. These Courts are modelled after the common law system, with judges from the UAE as well as common law jurisdictions (such as the UK and Australia) who hear cases in English.
The DIFC has its own financial services regulator, the Dubai Financial Services Authority (DFSA), which oversees financial institutions and other businesses operating in the free zone.
Al Aidarous combines international knowledge and DIFC experience to leverage successful outcomes and assist in a wide variety of commercial matters.
These include corporate advice, employment law, regulatory advice, and litigation before the DIFC Courts.
We offer an end-to-end service, from the onset of the dispute through to its resolution. We have full rights of audience before the DIFC Courts to plead all types of cases from first instance to appeal.
We also advise clients on various matters of jurisdiction, from the enforcement of awards to substantive issues for trial and appeal. Should the DIFC not be the best option, our team can advise on available actions before the ADGM and UAE courts. Our goal is always to put the best strategy in place to realise all the objectives of the litigation.
The ADGM is located in Abu Dhabi and was established in 2013.
It aims to create a business-friendly environment that fosters innovation and growth in the financial sector.
The ADGM has its own legal system, the ADGM Courts. These are broadly modelled after the English judicial law system and employ judges from common law jurisdictions, such as the UK, Australia, New Zealand and Hong Kong.
The ADGM has its own financial services regulator, the Financial Services Regulatory Authority (FSRA), which oversees financial institutions and other businesses operating in the free zone.
Al Aidarous has extensive experience and a critical working knowledge of the ADGM Courts.
We assist with all commercial matters, including litigation, financial services, shareholder and joint venture disputes, insurance and reinsurance, and professional negligence, fraud and insolvency matters. Our team can advise on and manage all ADGM-related enquires.
We have full rights of audience before the ADGM Courts to plead all types of cases, from the commercial and civil division to the employment and small claims division, including appeals in the civil division.
We also regularly advise clients on various matters of jurisdiction, the enforcement of awards, and substantive issues for trial and appeal. Should the ADGM not be the best option, our team can advise on available actions before the DIFC and UAE courts. Our goal is always to put the best strategy in place to realise all the objectives of the litigation.
OUR ARBITRATION PRACTICE
At Al Aidarous , we regularly represent clients as counsel in complex commercial arbitrations.
We have the advantage of an integrated approach to arbitration that includes representation before the Tribunal and filing for ratification of the award and its enforcement thereafter before UAE domestic courts.
Throughout our years in practice, our lawyers and counsels have appeared in ad-hoc arbitrations as well as institutional arbitrations administered by arbitral institutions around the world. We have special expertise in arbitral proceedings governed by the arbitration rules of the following arbitral institutions: Dubai International Arbitration Centre (DIAC), Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), and UNCITRAL Arbitration Rules.
Our team of specialist lawyers can advise on the above areas of law. All matters undertaken by our firm benefit from the direct personal attention and continued hands-on involvement of highly qualified legal professionals with skills specific to the counselling area of law.
Our team of lawyers and counsels are qualified in UAE law, English law and French law. Complementary to their arbitration practice, our lawyers and counsels regularly represent clients in proceedings brought before the UAE courts.
We have in depth knowledge and provide legal opinions on substantive and procedural issues related to international arbitration in the UAE and foreign jurisdictions, particularly in England and Wales
Our experience expands across the Middle East. Our lawyers and counsels also represent clients before the main arbitral institutions of Dubai and Abu Dhabi: the Dubai International Arbitration Centre (DIAC), Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), and ADGM Arbitration Centre.
Comprising qualified civil and common law lawyers, counsels and attorneys, our team delivers tailor-made solutions to clients. Our multilingual team can conduct complex arbitrations in Arabic and English, ensuring our clients receive the best service regardless of country or language.
OUR EXPERT OPINION PRACTICE
Al Aidarous is widely recognised for the expert opinion we deliver in consulting and arbitration capacities.
Ali Al Aidarous has earned an international reputation for his integrity and skill, becoming a renowned member of a number of different organisations.
Foreign Courts & International Arbitrations
These key skills and strategic actions make the Firm distinguished in their expertise and a valuable option for expert opinions.
Through our Managing Partner, Ali Al Aidarous, the firm provides expert witness statements concerning issues relating to UAE laws before foreign courts, such as England, New York (USA), Queensland (Australia), Oslo (Norway), and before many international arbitration forums. In certain cases, Al Aidarous’ expert opinion was provided in his capacity as a co-counsel of the parties.
Over the years, the Firm has been able to provide expert legal opinion across several jurisdictions and has an excellent reputation for effectively communicating legal concepts to foreign courts or international arbitrations. Our expertise lies in bridging the gaps between civil law and common law, as we possess comprehensive knowledge of UAE law and have mastered the art of presenting opinions in a manner that resonates with foreign judges or arbitral tribunals.
– Foreign Courts
– DIFC and ADGM Courts
– Domestic and International Arbitration
Our expertise lies in bridging the gaps between civil law and common law, as we possess comprehensive knowledge of UAE law and have mastered the art of presenting opinions in a manner that resonates with foreign judges and arbitral tribunals.
Ali Al Aidarous, the firm’s managing partner, assisted by our litigation and arbitration teams, has provided expert witnesses statements concerning issues relating to UAE laws before foreign courts in: England (UK), New York (USA), Queensland (Australia), Oslo (Norway), and many international arbitration forums.
Our growing team of specialist advisors in common and civil law have niche expertise in UAE/GCC-governed arbitrations.