We worked with wide rang of clients and together we were able to achieve a hand full of success
In 2013 our Client – a free zone company in Dubai - entered into a service
agreement
with a Californian company for distribution and sales of the latter’s products in the territory
of Middle East comprising Bahrain, Saudi Arabia, Oman, UAE, Qatar, Kuwait, Jordan, Syria, Turkey
and Yemen against an agreed commission of 30% of the total Product Purchase price received by
the Californian Company for Products sold during the term of the agreement by our Client or
through any of our Client’s distributors.
In 2015 the Californian Company put our client on formal notice, that the services Agreement
would be terminated as of end of May 2016.
In December 2015, a new Company having its Head Office in USA, took full acquisition of the
assets of the Californian Company. The New Company and its subsidiary based in Dubai, UAE
(“Defendant”) informed our client that it would continue to pay the commissions to our client
for deals that were made prior to the termination date yet will materialize post termination.
Our client, a prominent real estate developer, had requested us to defend it in the case that
was filed by a purchaser who requested the Court to order our client to return all paid up
amounts an account of the purchase price following the Dubai Land Department (“DLD”) decision
allowing our client to cancel the registration of the purchased units in the preliminary real
estate register and forfeit up to 40% of the purchase price.
While arguing the case, the purchaser based his request on the fact that our client had
re-registered the units in its name and thereafter sold them to new buyers without filing the
proper legal action to the Court to legally terminate the existing sale and purchase agreements
with the purchaser. We submitted our defense and asked the Court to dismiss the case in the
merits since the purchaser did not perform his obligations towards payment of the purchase
price, and in a manner consistent with the requirements of good faith. In fact, we argued that
our client had fulfilled the formalities stressed out in Article (11) of the Law (13) of 2008
organizing the Initial Real Estate Registry in Dubai as amended by the Law (19) of 2017.
In 2011, our Client (the Contractor) entered into a Subcontract with another company (the
Subcontractor) to execute certain works under the Main Contract viz, design, supply,
installation, testing, commissioning & maintenance during the defects Liability Period of
Mechanical Electrical and Plumbing works on back- to – back basis in accordance with the Main
Contract documents for EPC Package of …Non- Process Building Project in Abu Dhabi. The lumpsum
all-inclusive Subcontract price was AED 136,000,000. The term of execution was 37 (Thirty Seven)
months.
In 2016 and following a dispute between the subcontractor and our client, the subcontractor
filed a case before the Court in Dubai requesting the appointment of an Expert whose task would
be to ascertain the revocation of the subcontract agreement by the Contractor, as well as to fix
the subcontractor’s outstanding rights. The court-appointed expert found that the
Subcontractor’s aggregate outstanding payments amounted to AED 63,169,557. In 2019, the
Subcontractor filed a legal action before the Abu Dhabi Court requesting an order against our
Client (the Contractor) to pay the amount determined by the Expert in the Dubai Proceedings.
Back in 2020, we were requested by one of our clients to bring legal action before Dubai Courts
against three companies dealing with Securities and Commodities transactions. Our client had
lost circa 6 Million USD following trading with multiple commodities yet she discovered later
that the broker was churning her accounts and misleading her into high volume trade for the sole
purpose of generating commissions without considering our Client’s interests. She also
discovered that the said broker was not duly licensed to practice introduction of clients to
foreign markets nor to provide financial consultancy and analysis.
The Court of First Instance appointed two experts specialized with financial instruments to
verify the cases’ documents and arguments and passed its judgment compelling the broker to pay
to our Client the amount of USD 2,496,537- plus interest @9% yearly and to additionally pay to
our Client the amount of USD 2,000,000- as compensation plus interest @9% yearly starting at the
date this judgment becomes final. It is worth mentioning that the main evidence of the case was
WhatsApp messages and recorded phone calls.
On 24/12/2019 the Court passed in favour of our Client an Order of Payment against a Company LLC and its General Manger (the defendants) for the amount of AED 1,072,500. - (Dirhams One Million Seventy-Two Thousand Five Hundred) and the interest at the rate of 9 percent yearly starting at the due date of every cheque until final settlement plus various charges and expenses. The Defendants were jointly and severally compelled to restore the said amount to our client because the second Defendant had signed Nine Cheques issued from the first Defendant’s account with different due dates during the last Nine Months of 2019.The Order of Payment was duly served on the first Defendant by board placement on 29/12/2019 and on the second Defendant on 4/2/2020: these two dates are deemed the notification dates. The Defendants challenged the Order by Appeal on 8/7/2020 through an electronic statement that was duly served on our client, in which they asked the court to cancel the Order for its misapplication of the law and violation of the right of defence.