In addition to our accomplished Litigation Practice, we also boast a specialist Arbitration Practice, consisting of international lawyers with considerable experience of arbitrating public and private law disputes within a variety of regions and industries, either as counsel or arbitrator. Our lawyers regularly write, consult and lecture on arbitration around the world.

Our Expertise

Our arbitration expertise extends to all types of disputes and industries, with specialists in Trade Banking, Finance, Commodities, Construction, IP, Transport and Shipping Arbitration, all working closely together to prevent and resolve our clients problems. Our Arbitration lawyers have extensive experience in all types of arbitration work including ICSID and UNCITRAL arbitrations and arbitrations before the following:

• The Dubai International Arbitration Centre (DIAC)
• The DIFC – LCIA Arbitration Centre
• Abu Dhabi Commercial Conciliation & Arbitration Centre
• GCC Commercial Arbitration Centre, Manama, Bahrain
• The International Court of Arbitration (ICC)
• The London Court of International Arbitration (LCIA)
• London Maritime Arbitrators Association, London Metal Exchange, the Refined Sugar Association, Grain & Feed Trade Association, Federation of Oils Seeds and Fats Association, Coffee Trade Federation, Cocoa Association
• Kuala Lumpur Regional Centre for Arbitration
• Adhoc arbitration tribunals in the UAE, Geneva, Stockholm and Moscow

Our lawyers have worked on many Arbitration cases including:

• Joint venture disputes and company/corporate related issues 
Sale of goods disputes, including disputes over crude oil, refined products, metals and minerals and the world’s international food stuffs and issues arising out of international trade generally
• Distributorship agreements, agency agreements, transport disputes including advice on INCO terms and international trade of luxury vehicles
• Construction disputes arising out of both the employer-main contractor relationship as well as sub-contractor disputes
• Disputes regarding the sale, purchase and assignment of property and infrastructure
• Disputes in respect of letters of credit, ICC Uniform Customs and Practice for Documentary Credits, performance bonds, guarantees, letters of indemnity, banking collateral agreements
• Bilateral investment treaty claims and matters arising out of international treaties generally
• Insurance, re-insurance and mutual assurance issues
• Fraud aspects arising out of international trade

Our team of lawyers is well positioned to provide advice across a complete set of banking and finance legal services.

Our Expertise

The Banking and Finance Practice is experienced and leads regional activity in a wide-ranging suite of services, including:

• Islamic Finance

  Acting for a majority of the Islamic finance institutions operating in the Middle East, we advise on requirements ranging from establishment and licensing through to structuring and documentation.

• Banking Litigation and Enforcement

  Al Tamimi & Company’s expertise is at the forefront of banking litigation and enforcement in the region; a reputation we secure through obtaining regular judgments for the enforcement of corporate and retail finance documents and related securities.

• Derivatives

  Our lawyers offer specialist advice relating to ISDA documentation and its enforceability. Our activity in this area also extends to assisting banks in the development of Shariah compliant hedging products.

• Investment Funds and Structures

  We provide counsel to various regional investment funds and our experience includes establishing the first Real Estate Investment Trust in the DIFC.

• Ship, Aircraft and Asset Financing

  Guidance on vessel, aircraft and other large equipment and plant acquisition financing is a well established area within the Practice.

• Real Estate Financing

  Our work in the regional real estate development finance space is varied and we have facilitated milestone deals involving many of the most high profile hotels, shopping and leisure centres here.

• Trade and Export Financing

  The team offer support on an extensive range of trade finance credit facilities and structures.

• Project Finance

  We regularly play a key role in the financing of flagship projects and infrastructure within the Middle East.

• Incorporation and Licensing of Financial Institutions

  Experience in this important area of the Practice’s proficiency includes assistance in the conversion of conventional to Islamic banking structures and the establishment and licensing of a number of financial institutions, both in the UAE and the DIFC. We also have strong practice advising financial canters on licensing support issues.

Our Expertise

General Commercial & Advisory

Our lawyers advise on a wide range of commercial arrangements required by businesses in their day to day operations taking into account the nature of the business and the commercial and legal risks.  Our services range from reviewing standard form agreements to drafting and assisting with the negotiation of complex bespoke commercial arrangements.  

Joint Ventures

We have advised both local and international partners on a large number of joint ventures in the region which requires a detailed knowledge of the local licensing and regulatory environment, in particular when structuring an appropriate joint venture vehicle in light of foreign shareholding restrictions. The team work closely with other specialist practices in the firm, where necessary, in order to ensure that all potential issues are identified and appropriately provided for.

Commercial Agencies

We have extensive experience of providing advice on all types of commercial agency arrangements such as franchise, distribution, agency and commission arrangements and on the impact of local laws on such arrangements, including advising on the effect of these arrangements being registered with the local authorities. Through our close relationship with these authorities we are kept fully aware of their current practices which ensures that our advice is clear and practical, taking into account the commercial and procedural, as well as legal, issues that may arise.

Consumer Protection & Competition

We are able to provide up to date and practical advice on consumer protection and competition laws applicable throughout the region, including with regard to issues such as prohibited monopolies, warranty requirements, after sales service and repair obligations and product recall procedures.  Our experience in this area spans many sectors including automotive, food & beverage, pharmaceutical, media and hospitality and leisure.

Anti-Corruption

While many clients may be familiar with foreign legislation such as the US Foreign Corrupt Practices Act and the UK Bribery Act, they are often less familiar with local law requirements. We have the experience to advise on local anti-bribery and corruption legislation in the context of dealings with both public officials and the private sector.

With a strong reach across the Middle East, Al Tamimi’s Construction and Engineering team is one of the regional leaders in this area of practice.  The value we can bring to our clients does not stop at the site and negotiating table. In each of our regional offices, we hold the capability to support our construction clients on any legal issue that crosses their desks; corporate set up /structuring, employment and labour issues, local litigation and summary relief, project finance and securitization and even securing commercial premises and staff accommodation.

The Construction and Engineering team provides legal expertise with a practical focus to both local and international clients; whether for residential or mixed-use developments, utilities, power, transport, roads or hospitality and leisure facilities. Always with an eye on our clients’ commercial objectives, we support our clients with a comprehensive knowledge of legal principles underpinning infrastructure and construction projects in the region.

The head of department is supported by a team of lawyers experienced in providing expert guidance on risk management and dispute avoidance.  When disputes cannot be avoided, our litigation, arbitration and mediation experience allows us to deliver the best commercial solution for our clients, while our knowledge and ease with the jurisdiction and subject matter goes towards maximising the prospect of a successful outcome in the most cost effective manner.

Our Expertise

The Construction and Engineering practice provides all the legal services required to deliver a project, from concept to delivery. These regularly include:

• Drafting of and/or advice on all tender related documents.
• Drafting and negotiating all forms of project related contracts including: supply, maintenance and service contracts, contracts based on industry standard forms, alliance and PPP contracts, operation agreements, dredging and offshore works agreements, a range of protective documents such as collateral warranties and step-in agreements.
• Developing strategies for dispute avoidance and risk management.
• All channels of dispute resolution.
• Project specific contract workshops.

Our full service capabilities means the construction team are able to draw upon the expertise of a diverse range of practice areas including local law Litigation & Arbitration, Banking & Finance, Corporate Commercial, Employment and Real Estate. In addition, with offices located in the major commercial centers in the Gulf, we can support our clients across the region.

We are one of the few law firms in the region with a dedicated Corporate Governance Practice. In the aftermath of the global financial crisis our clients recognised the need to embrace Corporate Governance as an essential component in guiding management strategy and make it a key element of their daily business operations. This is particularly true in the current UAE business environment where the Government has taken steps to increase and improve the regulatory framework for corporate governance over recent years.

Our lawyers have in-depth knowledge of international corporate governance protocol combined with the knowledge of the local aspects applicable to firms operating in the region. We maintain constant communication with regulators within the region, ensuring we remain on top of corporate governance  requirements.

We advise banks, family businesses and public and private companies on their corporate governance practices.  Providing more than just advice, our clients receive a tailored manual specific to their needs in light of new regulations and policies.

Our Expertise

Our expertise within Corporate Governance includes but is not limited to advising in relation to:

• Board of Directors: requirements in relation to membership and composition, meetings, chairman, director duties, committees, remuneration, conflicts of interest.
• Controls: internal controls, audit, and external control measures and committee functions.
• Management and delegation of duties.
• Shareholder rights.
• Disclosure and Transparency requirements.
• Underlying administrative requirements.

Our dedicated Corporate Structuring Practice is a unique offering in the Middle East. Our Practice’s full-service solution advises a vast range of clients on the optimal corporate structures to achieve their business and commercial objectives.

The strength of our team comes not only from our in-depth knowledge and experience of regional laws and regulations, but also from our awareness of local regulatory practices achieved through close working relationships with regulatory authorities and ministries.

Our expertise extends to structuring, restructuring and reorganising onshore and free zone corporate entities across the region.

Our Expertise

Our expertise which spans all aspects of corporate structuring and restructuring includes the following:

• Advice on regional corporate structuring, restructuring and reorganisation.
• Dedicated corporate structuring solutions for regional share and asset acquisitions.
• Advice on corporate structuring and licensing to fit multi-jurisdictional business activities and commercial needs.
• Drafting, reviewing and advising on all related structuring agreements.
• Regulatory advice, strategy and compliance.
• Advice on establishing and developing free zones and related regulatory and legislative framework.
• Advising government authorities on regulatory frameworks to attract foreign investment and facilitate corporate incubation.
• Advising on all aspects of corporate licensing.
• Advising on and implementing changes to corporate ownership structures.
• Advising on corporate matters connected with government tendering.
• Corporate due diligence for share and asset acquisitions or internal house keeping.

Al Tamimi and Company’s culture of inter-practice cooperation lends our clients a wealth of complementary legal expertise. To offer a 360 degree support solution, we work closely with other practices across the firm including Corporate Commercial, Employment, Banking & Finance, Litigation & Arbitration, IP/IT.

As the largest dedicated employment group of its kind in any law firm in the Middle East, we have built a reputation for providing the most relevant and comprehensive legal advice available, for the most thorough regional coverage and for a celebrated track record. Our clients include a large number of multinationals, government owned entities, local companies and other law firms both locally, regionally and internationally.

This standing has been achieved through our extensive experience and capabilities that enable us to advise on all aspects of employment work, including transactional work, day to day employee relations advice and employment litigation.

As we guide our clients through the complex and changing employment environment in the region, we aim to provide advice and assistance that is practical, commercially viable and cost effective. Ensuring that our lawyers remain at the forefront of any changes in regional law and in clear and regular communication to our clients is key to our approach.

Expertise

Our expertise spans all aspects of employment law in the public and private sectors, whether onshore or within the free zones, including:

• Policies, procedures and contractual documentation
  Service agreements, employment contracts, secondment arrangements and employee handbooks, for all categories of staff, including directors and senior executives.
  
  
• Corporate Support
  Employment aspects of acquisitions and disposals (both share and business transactions), including due diligence and related reports.
  
  
• Business Reorganisations
  Redundancy programmes, changing terms and conditions, and transfer of employment.
  
  
• Employee Relations Issues
  DIsciplinary, dismissal and grievance procedures, settlement negotiations and severance agreements.
  
  
• Litigation Assistance
  Before the relevant labour authorities, labour courts and other courts, from termination and bonus claims, to protecting trade secrets, confidential information and business interests.

Al Tamimi & Company has the leading IPO practice in the region.  We have represented the issuer or bank in every significant UAE IPO since 2006 and in 2010 we were recognised by the Dubai Financial Market as the ‘Most Active Legal Advisor’ over the life of the Dubai Financial Market.

Our IPO team provides all ‘day to day’ and strategic long term advice for our IPO clients from structuring the company months in advance to public offering up to post subscription services and assisting newly listed companies to adapt to new rules (such as corporate governance and public disclosure requirements).

Our Expertise

In representing issuers, we provide services related to:

• Preparing the issuers for the IPO listing or private placements.
• Conducting legal due diligence.
• Underwriter and advisor selection and negotiation of agreements with underwriters / banks.
• Advising on laws relating to securities offerings, boards and governance practice.
• Formulating executive and employee compensation plans.
• Secondary offerings.
• Undertaking the implementation of all required listing processes.
• Drafting the prospectus.
• Listing on the relevant exchange platform.
• Advising on regulatory strategies and compliance.

In the Middle East, family controlled businesses predominate in many of the region’s key industries - both in terms of the size and range of their investments and the numbers of personnel they employ.

Our Family Business Practice is the market leader in the GCC region and is dedicated to building and engineering the legal structures and binding understandings necessary to insulate family controlled businesses and assets from external threats and internal family dialogue debates.

Al Tamimi & Company is dedicated to ensure a clear pathway to the future stewardship of family assets and has unparalleled local and regional expertise at building those legal structures for assets and business holdings throughout the GCC and MENA. Those structures stabilise asset ownership and align the assets with any arrangements for family stewardship.

We work with leading Sharia scholars to design family structures and understandings which are fully compliant with Sharia. We can achieve this outcome without exposing business structures and family understandings to interference or intervention from secular officials, allowing a seamless transition from the original family stewardship to the next generation.

Our Expertise

Our clients benefit from the insight of local and international experts who apply family business focused experience and are supported by the full range of legal services we offer at Al Tamimi & Company. We work closely with other specialists to offer traditional corporate restructuring, succession planning, property and trust advice and provide the following additional specialised services:

• Family Constitutions.
• Traditional corporate restructuring.
• Limited liability structures tailored to manage business risks.
• Family corporate governance systems.
• Management and resolution of inter-generational conflicts.
• Establishment and management of family offices support.

We have experience in the following:

• Legal Structures protecting against and managing legal risks and exposures associated with family business investments.
• Tailor made legal entities and arrangements which eliminate business disruption at times of family transition (e.g. retirement, incapacity or death).
• Binding family constitutions which manage and channel dialogues and debates, and pave the way for a clear and orderly transition to future stewardship.
• Bespoke governance policies based on specific family and business circumstances including:
  • Educational developments of younger family members, best practice distribution of Zakat and general philanthropic giving.
  • Buy back mechanisms for family members desiring liquidity .
  • Rules, policies and structures for family venture funds.

Our Hospitality Practice operates regionally across our offices within the GCC.  It comprises a team of experienced lawyers who work across a full range of disciplines within the Firm, to provide comprehensive legal services, covering all areas of the hospitality industry.

We advise on every type of product, including destination resorts, city hotels, hotels within shopping malls, serviced apartments and golf clubs, together with timeshare, fractional ownership and rental pool arrangements.

Our lawyers have an in-depth knowledge of the hospitality industry across the Middle East, having advised on all manner of industry related issues over many years. The team also draws on the invaluable experience of its members who have previously held in-house general counsel roles within the industry.

We advise on all matters applicable to a hotel or leisure project, whether your interest is as an owner, investor, developer, operator or financier.

In 2011, Al Tamimi & Company launched a joint initiative with Colliers International to provide an asset performance review service for hotel owners and lenders.  This high level critical review focuses on key areas, including performance, valuation, corporate structure, key legal contracts, and risk areas and it contains strategic information and recommendations, and is aimed at improving profitability and performance, and reducing risk.

Our Expertise

Our expertise covers a wide-ranging offering of industry specific legal services.

• Real Estate

  Our experience extends to all real estate matters, including legal due diligence, sale and acquisition agreements, ground development leases, occupational leases, and sale and leaseback structures.

• Corporate and Finance

  We advise on joint venture arrangements, corporate structuring, incorporation and licensing, partnership agreements, development and project finance, equity and capital investment, REITs, fund incorporation and management.

• Project Development

  We advise on time share and rental pool schemes, resort management, master communities and owners’ associations, hotel operation approvals and development and planning approvals.

• Hotel Operator Appointment

  We offer expertise and negotiation support for operator appointment, including advice on hotel management agreements, technical services agreements, sales and marketing agreements, franchise agreements, operating leases and licence/royalty agreements.

• Development and Construction

  We have extensive experience in advising developers on their consultant and contractor appointments, construction procurement models, construction and fit-out contracts and FF&E procurement.

• Hotel Operation

  We advise on employment matters, occupational tenancies, facilities management, consultant and supplier agreements, service agreements, local regulations and licensing, third party claims, insurance and intellectual property protection.

• Dispute Resolution

  We are able to represent our clients in all matters of litigation, arbitration, mediation, dispute avoidance and risk management.

Al Tamimi & Company operates a specialist Insurance Practice to cater to all aspects of the Middle East’s insurance industry, including major regional and international insurers, brokers, third party administrators and reinsurers.  We also offer advice on all types of insurance protection and claims to corporates in a wider range of industries.

We have been involved in the establishment of numerous insurance businesses in the region, from large multinationals to small specialist and Shariah firms, whether it through joint venture, free zone of independent structures and, on occasion, using reinsurance.

Our Expertise

We have experience in a range of insurance industry legal services, including:

• Representation in regular and subrogated claims.
• Advising some of the world’s largest insurance groups on health insurance requirements, regulations relating to foreign insurers, licensing and establishment in the region.
• Providing advice and assistance in the set-up of insurance businesses in the MENA region and further consultation on product liability, public liability, workers compensation, professional indemnity and health insurance requirements.
• Reviewing, advising on and amending Takaful policies in relation to various types of insurance including medical group and group family protection plans and professional indemnity.
• Advising some of the largest airline companies in the region on insurance requirements and claims, in particular industrial and personal injury claims as well as advice and representation for subrogation claims by insurers.
• Negotiating settlements and representation in arbitration and litigation matters.
• Providing advice on financial services insurance and policy review for major banks across the Middle East.
• Advising global reinsurers on insurance claims, negotiating settlements and representation in litigation.
• General advice to various companies and organisations including banks, hospitals, airlines, shipping companies, retailers and manufacturers in relation to insurance, including life, health, directors and officers, professional indemnity, financial institutions, electronic and computer crime, public liability, product liability, property, construction and employment insurance.  property damage, hull claims, personal injury and life insurance through to professional negligence, computer crime and employers liability.

The IP Department has always been a pioneer practice in developing the practice of law and pushing its boundaries whether before Trademark, Copyright and Patent offices, or through enforcement agencies or Courts. The Department grew to extend advice on Data Protection and Privacy, Consumer Protection, Regulatory Affairs and Compliance.

Our Expertise IP Registration, Portfolio Management and Enforcement

Our dedicated trademark filing team manages trademark filing and is renowned for its experience in prosecuting trademarks, both traditional and non-traditional marks, throughout the Middle East countries and has extensive experience in managing portfolios and reading the trends of Trademarks Offices in the region and also in shaping the development of registration practice. Our team has extensive experience on copyright recording addressing the practicalities of registration against enforcement. Our Patent and Industrial Designs practice handle and advise on patent filing strategy and can file and prosecute patent applications using the PCT and Paris Convention routes across the Middle East. The Practice also regularly conducts patent searches and watches for its clients.

Our IP enforcement strength is notable from the many awards received and acknowledgments from enforcement agencies. We have contributed in establishing legal principles on anti-counterfeiting, confusing similarity and anti-piracy. We craft new avenues for IP enforcement using all relevant legislation and opening doors to key Governmental bodies. We have also successfully prosecuted cases involving website infringement and domain name disputes whether locally or through the international dispute resolution mechanisms.

Regulatory Affairs and Consumer Protection

We are widely recognized as a key regulatory affairs advisor for various industries, especially pharmaceutical, foodstuffs and tobacco. We have assisted clients with strategy for price increase throughout GCC states in relation to Consumer Protection regulations. We also advised on mandatory standards, labeling requirements, commercial claims placed on products and further secure approvals for compliance. We also handle promotional campaign advice and guide clients on advertisement regulations.

IP Audits and Due Diligence

Our work in this area extends to assisting clients identify IP rights that need to be protected and also properly auditing and advising on status of rights. In doing so, we prepare our reports as relevant to the registration and enforcement regimes and practicality of protection needed.

Data Privacy

We regularly render advice in relation to data privacy and information security issues in the light of the legal thresholds in the region including specialised zones, such as DIFC. We cover diverse industrial sectors, such as, media, healthcare, IT and others. We advise on all aspects including transfers, medical disclosure, employee data, web- content and user information.