Articles
Insight from the desks of our consultants.
Practical commentary on changes in UAE law and judgments that affect how we represent clients.
The Counsel · Issue 009September 2026
He Said It on WhatsApp — But Is It a Legal Admission? Electronic Messages in UAE Commercial Disputes
WhatsApp messages and emails are no longer merely tools of commercial communication. They may become evidence of a debt, approval, instruction or agreement. Yet the fact that a communication constitutes electronic evidence does not, by itself, make it a legal admission or establish the fact in dispute. Its significance may depend on authenticity, attribution, context, the authority of the sender and its consistency with the wider commercial record.
Read articleSeptember 2026
Expedited Enforcement in Personal Status Cases under UAE Law
UAE law provides specific exceptions to the general rule that judgments may not be compulsorily enforced while they remain subject to appeal. Article 215 of Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code provides for expedited enforcement by operation of law in specified personal status matters, including maintenance, wages and related expenses, as well as judgments concerning the handing over, seeing, visiting or escorting of a child.
Read articleThe Counsel · Issue 008September 2026
Beyond the Trademark: When Does Similarity in Commercial Identity Become a Legal Dispute?
Trademark disputes do not always begin with an identical name or copied logo. The more difficult cases arise where individual elements differ, yet the overall commercial impression may still create confusion. This article examines the legal pressure points behind trademark and commercial identity disputes in the UAE, from similarity, prior use and trade names to digital infringement, domain names, interim measures, expert evidence and compensation.
Read articleThe Counsel · Issue 007August 2026
The Project Is Delayed — But Who Bears the Cost? Allocating Responsibility for Delay in UAE Construction Disputes
A delayed project does not automatically mean that the contractor is responsible for the entire period of delay. In complex construction disputes, responsibility may be divided among the developer, project owner, contractor and consultant. The real issue is not simply how late the project is, but what caused each period of delay, whether it affected the critical path, and what the contemporaneous project records can actually prove.
Read articleThe Counsel · Issue 006August 2026
When One Shareholder Wants Out: How the UAE Companies Law Amendments Reshaped Control, Exit and Business Continuity
The UAE's latest Commercial Companies Law amendments introduced significant mechanisms affecting shareholder exits, share transfers, business continuity and ownership structures. For companies, investors and founders, the critical issue is no longer simply who owns the majority, but whether the company's constitutional documents are equipped to deal with changing shareholder interests before they develop into a dispute.
Read articleThe Counsel · Issue 005August 2026
Off-Plan Property Disputes in Dubai: When Delay, Default and Termination Put Real Estate Investments at Risk
Off-plan property disputes can place substantial investments at legal and financial risk. From project delays and payment defaults to termination of the Sale and Purchase Agreement and recovery of amounts paid, understanding Dubai's contractual and regulatory framework is essential for investors, developers and companies operating in the real estate market.
Read articleThe Counsel · Issue 004August 2026
Medical Error or Recognised Complication? How Medical Malpractice Claims Are Built in the UAE
A poor medical outcome does not, by itself, establish medical malpractice. In the UAE, medical liability claims require a detailed assessment of the applicable standard of care, medical records, chronology of treatment, informed consent, causation, technical findings and the procedures before the Medical Liability Committee. For patients, healthcare providers and insurers alike, the strength of the case often lies in details documented long before litigation begins.
Read articleThe Counsel · Issue 003August 2026
The Difference Between Forgery and the Use of a Forged Document
Forgery and the use of a forged document are distinct offences, each with its own legal elements. While forgery concerns altering the truth in a document with intent to defraud and in a manner capable of causing harm, the use of a forged document concerns its subsequent use with knowledge of the forgery.
Read articleThe Counsel · Issue 002August 2026
Tax Error or Tax Evasion? Where Is the Line for Businesses?
When does a tax error remain an administrative compliance issue, and when could it give rise to criminal liability for tax evasion? This article examines the distinction under UAE tax law and the practical steps businesses should take when identifying a tax error.
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