.png){kind=logo}
Litigation is the most common and widespread mean of dispute resolution in the UAE.
Ali Obaid Alshamsi Lawyers & Legal Consultants has a team of trustworthy local attorneys, supported by knowledgeable legal consultants who have extensive experience in a wide range of litigation courts, such as civil, commercial, criminal, corporate, and labor courts. Ali Obaid Alshamsi Lawyers & Legal Consultants professionals represent our clients at the courts of all levels, whether primary, appeal or cassation, in all 7 emirates of the UAE.
Our lawyers provide result-driven, high-experienced litigation services, which include:
Our lawyers will represent you in front of a court's tribunal, which will include filing cases; drafting legal notices, memos and pleas; and conducting official correspondence with the court and second party during the primary, appeal, and cassation stages of litigation.
This comprises attending expert committee meetings, defending client's interests, and submitting explanations in his best interests, making comments and objections regarding expert's decisions, and submitting reports of other independent and impartial experts outside of the court.
Issuing seizure of assets, bank accounts, "credit" with third parties, travel bans, etc., to prevent a second party from liquidating its assets or leaving the country to avoid executory measures.
Ali Obeid Alshamsi Lawyers & Legal Consultants is one of the top legal firms specialized in criminal cases in the United Arab Emirates, including crimes against property or individuals, and felonies or misdemeanors. Our lawyers are committed to fairly and legally representing our clients in all phases of the investigation process.
All types of cases are professionally managed in order to strike a balance between observing the personal liberty of our clients, protecting public interests and the law. Our firm also acts as a professional representative of individuals and companies in the United Arab Emirates in many fields for example but not limited to:
Civil disputes usually arise between individuals with regard to financial claims, ending the status of communal estate, compensations resulting from penal lawsuits, claims of revenues and accountability on properties and real estate gener¬ated by inheritance and lawsuits regarding the breach and invalidation of contracts.
All Obaid Alshamsi Lawyers & Legal Consultants understands the significance of these disputes and their impact on the society in the UAE. Therefore, our team believes in the necessity of serious attempts to amicably resolve these disputes without having recourse to the judiciary. At the same time, our lawyers and consultants have sufficient experience, which enable them to win any of case if referred to the Court.
Many clients have sought the assistance of Ali Obaid Alshamsi Lawyers & Legal Consultants in representing them, filing law-suits against their adversaries, or reach¬ing an amicable solution. Those clients have confidence in our team and its abilities to finalize such disputes in their favor.
Ali Obeid Alshamsi Lawyers & Legal Consultants has jurisdiction of Personal Affairs matters such as marriage and divorce as well as cases and matters besides personal status and money matters of Muslims and Non-Muslim.
We also specialize in the drafting and preparation of family agreements between spouses in relation to divorce, alimony, custody, vision, etc., and then submit them to the competent judge for their documentation, and also includes within our competences the preparation of settlements related to the division of the estate among the heirs and documentation of what may happen between them from the exit or sale or concession of movables and real estate through the estate judge, as well as the settlements related to the legitimate implementation in respect of the installment, waiver or part thereof, or the organization of the vision mechanism, and other matters for example:
Commercial disputes are considered a major challenge in the United Arab Emirates. They may lead to complicated problems that negatively impact the businesses of individuals and corporates if not settled within the framework of the Law.
Ali Obeid Alshannsi Lawyers & Legal Consultants has profound knowledge and experience in resolving these disputes by relying on a team of lawyers and consultants who secure legal procedures protecting the rights of our clients.
Commercial disputes include:
Commercial companies, and the establishment of these companies in the United Arab Emirates, have their own specialized procedures. Due to the remarkable significance of the form of companies in the United Arab Emirates, which expresses the financial and investment stability of the state, Federal Law No. 2 of 2015 has been enacted. This Law identifies the forms of commercial companies so that they shall not fall outside the following categories:
The Law stipulated that in case a company has not adopted one of the above forms, its existence shall be invalidated. The persons who made contracts in the name of such company shall be personally and severally responsible for the obligations arising out of such companies. All Obeid Alshamsi Lawyers & Legal Consultants has a team of lawyers and consultants with experience up-to-date knowledge of all laws which identifying the form of the company and the procedures of its incorporation. Our lawyers and consultants provide advice and guidance to all investors in the business sector, based on the relevant laws and the needs of the local market. We can provide support in the following matters:
Our consultants can also recommend the best form of the company so as to realize the most achievable share or balance between the rights or investors and other stakeholders, including individuals and corporate bodies.
Franchising is one of the few means available to access venture capital without the need to give up control of the operation of the chain and build a distribution system for servicing it. After the brand and formula are carefully designed and properly executed, franchisors are able to sell franchises and expand rapidly across countries and continents using the capital and resources of their franchisees while reducing their own risk. There is also risk for the people buying the franchises. However, failure rates are much lower for franchise businesses than independent business startups.
Franchisor rules imposed by the franchising authority are becoming increasingly strict. Some franchisors are using minor rule violations to terminate contracts and seize the franchise without any reimbursement.
Franchising brings with it several advantages and disadvantages for firms looking to expand into new areas and foreign markets. The primary advantage is that the firm does not have to bear the development cost and risks of opening a foreign market on its own, as the Franchisee is typically responsible for those costs and risks, putting the onus on the Franchisee to build a profitable operation as quickly as possible. Through franchising a firm has the potential of building a global presence quickly and also at a low cost and risk.
A primary disadvantage to franchising is quality control, as the franchisor wants the firm's brand name to convey a message to consumers about the quality and consistency of the firm's product. They want the consumer to experience the same quality regardless of location or franchise status. This can prove to be an issue with franchising, as a customer who had a bad experience at one franchise may assume that they will have the same experience at other locations with other services. Distance can make it difficult for firms to detect whether or not the franchises are of poor quality. One way around this disadvantage is to set up extra subsidiaries in each country or state in which the firm expands. This creates a smaller number of franchisees to oversee, which will reduce the quality control challenges.
At the time of the signing of the franchise, it is advisable to have a lawyer, All Obeid Alshamsi Lawyers & Legal Consultants have experienced advisors in this field who are able to explain the rights and obligations of each party to the other.
Multi-faceted legislation regulates industrial and chemical organization, with the law covering the following areas:
Legal consultants at Ali Obaid Alshamsi Lawyers & Legal Consultants have practical experience in representing the firm's clients in any type lawsuits or disputes, resulting in the realization of targeted outcomes.
We expertly handle legal disputes including:
All Obaid Alshamsi Lawyers & Legal Consultants is aware of the importance of insurance for all individuals and sectors. Therefore, it pays utmost attention to insurance. Insurance, in its legal concept, manifests cooperation between the insurer and the insured in encountering insured risks, as manifested in Article 1026 of the Civil Transactions Act, which represents the protection of all individuals, facilities and properties.
All Obaid Alshamsi Lawyers & Legal Consultants has expertise in several types of insurance cases, including:
Through its branches, Ali Obaid Alshamsi Lawyers & Legal Consultants has represented either insurers or the insured in many cases, utilizing its substantial experience and expertise in the insurance industry to achieve many gains for its clients.
The Bank organizes monetary, credit and banking policy and supervises its implementation in accordance with the general plan of the State, which helps to support the national economy and the stability of the currency.
In order to achieve its objectives, the Bank shall have the following:
Exercise of the privilege of issuing cash in accordance with the provisions stipulated in this law. To work to support the cash and stability at home and abroad and ensure the freedom to convert it to foreign currencies.
Work to guide credit policy to help achieve balanced growth of the national economy. Organizing and developing the banking profession and monitoring the effectiveness of the banking system in accordance with the provisions of this law.
To perform the function of the government bank within the limits stipulated in this law.
Advising the Government in monetary and financial matters.
Retain the Government's reserve of gold and foreign currencies.
Working as a bank for banks operating in the State.
To serve as the financial agent of the government with the International Monetary Fund, the International Bank for Reconstruction and Development and other Arab and international monetary institutions and funds and handles all transactions with the State.
In accordance with the provisions of the decision of the Board of Directors of the Central Bank of the UAE No. 56/3/93 of 19/4/1993 concerning the reorganization of the institution, the Central Bank includes seven departments namely supervision and inspection of banks, banking operations, research and statistics, administrative affairs, financial control , Treasury, and Internal Audit. It includes seven departments: Information Technology, Personnel, Correspondent Banking, Public Relations, Secretariat and Legal Affairs, Emirates Electronic Division and the Governor's Office. Also it includes seven units: Money Laundering and Suspicious Cases Unit IT projects Strategic Unit, Law Development Unit, Banking and Monetary Statistics Unit, Financial Stability Unit and Standard Indicators Unit, The Central Bank also has a Risk Center.
The Banking Supervision and Inspection Department is responsible for verifying the financial condition of financial institutions, including local banks, branches and representative offices of foreign banks, money exchangers, finance companies, stock brokers, investment companies and financial advisors.
The provisions of this section shall apply to:
The provisions of this section shall not apply to:
Ali Obaid Alshamsi Lawyers & Legal Consultants has a team of high-caliber experts with diversified experiences in the field of debt collection, settlements and rescheduling via amicable means with clients in various sectors such as engineering, construction, financial and banking institutions, insurance, business, etc.
Ali Obaid Alshamsi Lawyers & Legal Consultants adopts a specialized strategy in debt collection. First, the team communicates with the debtor. They arrange a meeting with him in the presence of a legal consultant specialized in debt collection and related disputes. This consultant is fully aware of the applicable laws. The meeting will target making negotiations to settle the debt amount to our clients.
However, such process will not prevent All Obaid Alshamsi Lawyers & Legal Consultants from taking the necessary legal procedures against the debtor - when necessary -by filing a lawsuit against him.
That the practical reality may lead to a lot of labor disputes, which are usually the result of not knowing some of their rights or duties, there are employers who believe that they have the right to terminate the services of workers at any time, and similarly some workers think that their right To leave the work they are doing at any time without any consideration to what may be inflicted on employers of losses and therefore came the Labor Law and its amendments as well as ministerial decisions to regulate all disputes that may occur between workers and employers.
As a law firm specializing in labor cases, Ali Obeid Alshamsi Lawyers & Legal Consultants have a team of lawyers with long experience in dealing with such issues as claims for benefits, allowances and termination indemnities, enforcement and contracts of employment including confidentiality, non-competition, discrimination and harassment Wage claims, contractual breaches and early termination of employment contracts.
The construction sector is one of the most important and vital sectors in the UAE. Just like any other sector and due to its nature, many related problems may arise such as:
A party's breach of contract in terms of the good performance of works.
Delay in the execution there of.
The issuance of a change of orders in the works delegated to the Contract, normally leading to a prolongation of the project term.
Other problems may occur when the main contractor or subcontractor breaches the contracted specifications or the employer solely and intentionally withdraws from the execution of the contracting agreement. The Federal Civil Transactions Act No. 5 of 1985 regulates all disputes arising between the owners, contractors or subcontractors in Articles 872 to 890.
Ali Obaid Alshamsi Lawyers & Legal Consultants has exceptionally wide-ranging experi¬ence in the construction industry. Over the years, its consultants have worked on construction-related disputes and achieved very satisfactory results.
Ali Obaid Alshamsi Lawyers & Legal Consultants has specialized lawyers in the issues related to the construction sector, including:
Undoubtedly, the United Arab Emirates is one of the countries which remarkably rely on real estate development. Close monitoring of the real estate market in the United Arab Emirates specifically in the recent period reveals that there are grave and various problems in this field due to the economic crisis of 2009. Giant projects have been frozen and real estate developers have failed to carry out their obligations. On another sphere, some investors failed to fulfill their obligations towards real estate developers due to this crisis. Accordingly, the rental sector has been passing through disturbances as the rental value increased in some emirates and decreased in others.
Ali Obaid Alsharnsi Lawyers & Legal Consultants has been aware of these problems and managed to reach amicable solutions in many cases in order to realize the interests of its clients. It made settlements between developers and investors and amended and reviewed contracts so as to guarantee a satisfactory share of justice between their parties in order to avoid more losses to them, taking into consideration that they are a cornerstone in the national economy.
As a national legal firm, we work with individual investors, developers (including real estate developers, investors and financers), corporations, banks and real estate brokers.
Maritime Transport and International Trade are of major importance for the centers of economic development in the United Arab Emirates, which acts as a global commercial meeting point. Many business partners need lawyers experienced in this type of law to carry out their day-to-day business transactions and realize their strategic objectives.
Due to its knowledge-based experience in Maritime Transport and International Trade, All Obaid Alshamsi Lawyers & Legal Consultants has become the referred legal firm for companies operating in the United Arab Emirates. All Obaid Aishamsi Lawyers & Legal Consultants provides specialized assistance starting from drafting contracts, developing policies, and finally, settling disputes.
Our team of experienced lawyers communicates with the entities dealing with you such as producers, suppliers, traders, commercial insurance companies, protection and compensation bodies, vehicle and multi-means transport operators, shippers, and brokers.
Our experience includes but is not limited to the following areas:
The world of information technology is rapidly changing at the speed of light. Due to the significance of information technology in all aspects of business and the economy, the provision of outstanding legal services related to IT is essential for all companies. The IT specialized lawyers of All Obaid Alshamsi Lawyers & Legal Consultants provide hands-on consultancies and valuable legal services in all areas of this vital sector. Due to the firm's knowledge resources, IT-related cases are quickly and economically handled.
Ali Obaid Alshamsi Lawyers & Legal Consultants is fully aware of the aspects of international trade found in this technology. The firm refers to the most recent IT Laws in the handling of its cases, guaranteeing its clients have an edge. Ali Obaid Alshamsi Lawyers & Legal Consultants keeps pace with all transformations, in light of the Federal Law No. 1 of 2006 regarding Transactions and E-Commerce, enabling successful outcomes in all of its IT related cases.
All Obaid Alshamsi Lawyers & Legal Consultants representation, with respect to IT Law, warrants integrated services covering your business requirements. Successful results require outstanding experience in IT and a profound understanding of business objectives and needs. You can rely on All Obaid Alshamsi Lawyers & Legal Consultants to understand your IT structure, interpret information laws, and employ them for the best interests of your business.
The significance of intellectual property is incrementally increasing with the fast-paced steps of globalization and more reliance on technologies. The Intellectual Property Law defines and protects the intellectual property rights of artists, musicians, innovators, writers, entrepreneurs, and individuals. The laws and regulations of this sector include patents, copyrights and trademarks. Intellectual property aims to promote creativity and innovation and avoid any transgressions.
All Obaid Alshamsi Lawyers & Legal Consultants plays a vital role when dealing with the Intellectual Property Law. Through our offices in Sharjah and Abu Dhabi, our firm perfectly acts as a representative of its clients in the United Arab Emirates, and hence it managed to attract a large number of major companies and businesses. Armed with wide-ranging experience in Intellectual Property, our lawyers observe global regulations to support the cluster of our clients in this sector.
All Obaid Alshamsi Lawyers & Legal Consultants proves that it is up to the expectations of its clients by achieving excellent results in major and minor Intellectual Property cases. Whether these issues are related to protecting, using, acquiring or applying the Intellectual Property rights, we at All Obaid Alshamsi Lawyers & Legal Consultants guarantee the best legal services.
Arbitration is a special judicial system to resolve and settle disputes which may arise between natural persons or corporate bodies. All Obaid Alshamsi Lawyers & Legal Consultants has a team of legal consultants who are specialized in arbitration procedures and follow up whether inside or outside the UAE. Our local consultants represent our clients in all cases referred to arbitration before the Arbitration Centers in Dubai and Abu Dhabi. Civil Procedures Act No. 11 of 1992 as amended by Law No. 30 of 2005 by Articles 203 to 218 regulated the means of having recourse to arbitration, the cases when it is not permissible to have recourse to arbitration, and the certification or invalidation of the arbitration award.
Due to its legal and arbitration experience, All Obaid Alshamsi Lawyers & Legal Consultants is one of the top legal firms working in this special litigation system.
All Obaid Alshamsi Lawyers & Legal Consultants has recorded very satisfactory results in all arbitration disputes where it represented its clients.