Supporting clients with a full service Tier 1 ranked legal offering in the Middle East for over 15 years
Our lawyers are fully versed in their local and cultural business communities.
Whether advising a global technology company on market expansion, a government procurer on an infrastructure project, or defending a real estate developer in a construction dispute, our team can help you across the full spectrum of your legal needs.
We have grown to become one of the largest international law firms in the region, and our team's experience extends to surrounding markets such as Jordan, Turkey and Lebanon, where we work with local law firms as required, in addition to Africa where we have an unrivalled presence in 20 countries through DLA Piper Africa.
Our lawyers are experienced in navigating the complex economic, cultural and social issues that affect business transactions. We can advise on economic sanctions; the nuances of employment, tax and data transfer law in the Arab world; the enforcement appetite of regulators (both foreign and local); and the regulations that govern the free zones.
DLA Piper Middle East Disputes Practice
With 6 Partners and over 50 other lawyers, our Litigation, Arbitration and Investigations team is one of the largest and most highly regarded dispute resolution practices in the Middle East.
Our lawyers specialise in complex, high value, multi-jurisdictional disputes covering the full spectrum of dispute resolution matters through one seamlessly integrated team, including onshore and offshore litigation, international arbitration, investigations, regulatory and compliance.
Our team offers:
- Market-leading regional expertise – We are the only firm ranked Tier 1 in all dispute resolution categories for international firms in The Legal 500 2023. In addition, numerous members of our team have been nominated as an 'independently rated lawyer' for Acritas Stars and as 'Leading Lawyers' in The Legal 500 Private Practice Arbitration Powerlist 2023.
- Protection of your corporate reputation – If contentious or regulatory issues arise, we are here to help. We advise on the full spectrum of dispute resolution matters, including onshore and offshore litigation, international arbitration, investigations, regulatory and compliance. We can quickly assess the strengths and weaknesses of your position, reduce uncertainty and create a pragmatic strategy to minimise business disruption.
A global leader in international arbitration
- We are acknowledged as a leader in the international arbitration field, ranked in the Global Arbitration Review's GAR15 as one of the leading global practices. We bring extensive experience handling arbitrations in every major international and regional arbitration centre, including but not limited to, DIAC, ADCCAC, GCCAC, SCCA, SIAC, AAA, QICCA, ICC and LCIA – as well as ad hoc and bilateral investment treaty-based arbitrations.
Legal landscape of the DIFC courts and the ADGM courts
Overview of the DIFC Courts
The Dubai International Financial Centre ("DIFC") is a free zone in Dubai, United Arab Emirates ("UAE"), designed to be a financial hub with its own independent regulatory and legal framework for civil matters. The DIFC itself was established pursuant to UAE Federal Decree No. 35 of 2004. The DIFC Courts were then established by way of Dubai Law No. 9 of 2004, together with Dubai Law No. 12 of 2004 that governs the judicial authority of the DIFC. The DIFC judiciary is diverse and consists of judges from Australia, England and Wales, Malaysia, Scotland, and the UAE.
The DIFC Courts consist of three courts:
- Small Claims Tribunal ("SCT")
- Court of First Instance ("CFI"); and
- Court of Appeal ("CoA").
The SCT
The SCT was established in 2007 and hears three types of claims:
- Where the value of the claim is below AED500,000; or
- When the claim relates to the current or former employment of a party, exceeds AED500,000 and the parties agree in writing for the dispute to be heard by the SCT; or
- Where the claim is not employment related, does not exceed AED1 million, and the parties agree in writing that it be heard by the SCT. This election can be made in the contract between the parties or at a later stage.
The CFI
The CFI has 4 divisions: Civil & Commercial Division, Technology & Construction Division, Arbitration Division and Digital Economy Court Division.
The CFI has exclusive jurisdiction over any civil or commercial cases related to the DIFC where:
- Civil or commercial claims to which the DIFC "or any of the authorities, institutions of the Centre or licensed institutions thereof are a party";
- Civil or commercial claims arising from a contract finalised or performed within the DIFC;
- Civil or commercial claims arising from a transaction that has been performed within the DIFC and is related to DIFC activities;
- Appeals against decisions made by the DIFC; and
- Any claim that the Courts have jurisdiction in accordance with DIFC Laws and Regulations.
The DIFC is also an "opt-in" jurisdiction which means the CFI can hear cases where the parties to a contract agree that the DIFC Courts have jurisdiction or where the parties elect for a dispute to be heard by the DIFC Courts once it has arisen. Disputes are heard by one judge. The DIFC Courts also permit a party to be joined to proceedings even where the joined party would not otherwise be subject to the jurisdiction of the DIFC Courts, if the DIFC Courts consider the party to be a necessary and proper party to the dispute.
The CoA
The CoA is the highest court in the DIFC Courts system. Each dispute is heard by 3 judges. The CoA has exclusive jurisdiction over:
- Appeals on Orders or Judgments made by the CFI; or
- Interpretation of any articles of the DIFC's laws based on the request of any DIFC bodies or establishments (provided the establishment obtains leave from the Chief Justice).
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.