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Al Tamimi & Company

DIFC-6TH FLOOR, BUILDING 4 EAST, DUBAI INTERNATIONAL FINANCIAL CENTRE, PO BOX 9725, DUBAI, UNITED ARAB EMIRATES
Tel:
Work +971 4 364 1641
Fax:
Fax +971 4 364 1777
Email:
Web:
https://www.tamimi.com

United Arab Emirates

Banking and finance
Banking and finance - ranked: tier 3

Al Tamimi & Company

Al Tamimi & Company’s ‘very responsive’ banking partners handle a range of work, from project finance transaction to complex local law regulatory matters. Jody Waugh is ‘very good on local issues, with a commercial and flexible approach’: he and Mamoon Khan, divided by an ethics wall, advised banks including ICICI Bank and borrower Downtown Investment respectively on the refinancing of $110m of loans used to build a five-star hotel. Senior associate Mark Brown advises the lead arrangers on the financing of the Sweihan photovoltaic project. Divya Abrol Gambhir was promoted to partner in July 2017. On the regulatory side, clients include Agricultural Bank of China, which Rose advised on obtaining its UAE banking licence.

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Capital markets
Capital markets - ranked: tier 1

Al Tamimi & Company

Al Tamimi & Company’s ‘very helpful’ team is regularly called on to advise on the local law aspects of national and international deals. In addition to handling multibillion-dollar IPOs, Ahmed Ibrahim advised Al Ramz Capital on a reverse IPO and Ithmaar Holding on a planned listing on the Dubai Financial Market. On the debt front, Jody Waugh acted as DIFC counsel on ACWA Power’s $814m bond issuance via a DIFC special purpose vehicle.

Leading individuals

Ahmed Ibrahim - Al Tamimi & Company

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

Al Tamimi & Company

Regularly called on to handle matters requiring complex UAE law advice, Al Tamimi & Company’s regional footprint and coverage makes it ‘a preferred legal partner’. Samer Qudah (‘an exceptional and well-respected partner’) acted as DIFC and UAE counsel for United Arab Shipping Company on a restructuring ahead of its merger with Hapag Lloyd. Isabella Szadwroska advised Gulf Medical Projects Company on the sale of a hospital in Sharjah to NMC Healthcare for $571m. Also recommended are practice head Gary Watts, Abu Dhabi office head Alex Ghazi, who is a new hire from Arabtec’s in-house team, and James MacCallum (also based in Abu Dhabi).

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Construction
Construction - ranked: tier 3

Al Tamimi & Company

At Al Tamimi & Company, key contacts for contentious construction include Naief Yahia for litigation and Thomas Snider for arbitration. Bombardier and Laing O’Rourke are clients. Scott Lambert is now at Beale & Company (Middle East).

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Employment
Employment - ranked: tier 1

Al Tamimi & Company

Al Tamimi & Company’s ‘very knowledgeable’ team is noted for its ‘great Arabic-speaking litigation capability’. Head of employment Samir Kantariaprovides appropriate and accurate advice’ – divided by an ethics wall, he and Gordon Barr advised Boehringer Ingelheim and Sanofi, respectively, on the employment aspects of a $25bn asset swap.

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Intellectual property
Intellectual property - ranked: tier 1

Al Tamimi & Company

For some ‘the best IP firm in the region’, Al Tamimi & Company has a particular strength in contentious work. Noted for his ‘solid relationship with government entities and his peers’, Omar Obeidat represented OSN in a criminal case against individuals selling unauthorised pay TV decoders. Ahmad Saleh heads the patent practice. Senior associate Stephen Jiew is ‘highly engaged in clients’ businesses and understands their priorities’. Other clients include Caterpillar.

Leading individuals

Omar Obeidat - Al Tamimi & Company

Next generation lawyers

Stephen Jiew - Al Tamimi & Company

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Islamic finance
Islamic finance - ranked: tier 3

Al Tamimi & Company

Al Tamimi & Company’s Jody Waugh advised First Abu Dhabi Bank on a €40m loan to Egypt Electricity Company via a commodity murabaha. Waugh also has a track record on shari’ah-compliant capital markets and asset finance transactions. Sakhsi Sethi is a key senior associate.

Next generation lawyers

Sakshi Sethi - Al Tamimi & Company

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Real estate
Real estate - ranked: tier 1

Al Tamimi & Company

Al Tamimi & Company’s team is praised for its ‘strong local knowledge and understanding of the wider Middle East region’. Jeremy Scott, who made partner in 2017 and ‘has good overall appreciation of clients’ requirements and options available’, advised Jabal Omar Development Company on sales and hotel management contracts related to a $3.2bn development project next to the Grand Mosque in Mecca. Tara Marlow heads the real estate, hotels and leisure practice.

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Shipping
Shipping - ranked: tier 1

Al Tamimi & Company

A go-to firm in the UAE’ for contentious and non-contentious shipping work, Al Tamimi & Company is ‘very responsive, understands clients’ needs and delivers good advice from both the practical and legal perspectives’. Omar Omar, who also handles shipbuilding and admiralty disputes, advised United Arab Shipping Company on re-registering its vessels in the light of its merger with Hapag-Lloyd. Yazan Al Saoudi is a key contact for insurance work.

Leading individuals

Omar Omar - Al Tamimi & Company

Yazan Al Saoudi - Al Tamimi & Company

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TMT
TMT - ranked: tier 1

Al Tamimi & Company

Al Tamimi & Company’s wide-ranging TMT experience encompasses entertainment, telecoms and IT projects. Nick O’Connell is advising a European car manufacturer on telecoms regulation regarding connected cars. Senior associate Fiona Robertson is advising Image Nation on three film productions. Other clients include Alaraby Television Network and Shock FM. Steve Bainbridge is a name to note for sports law. Stuart Davies joined from Ooredoo’s in-house team.

Leading individuals

Nick O’Connell - Al Tamimi & Company

Next generation lawyers

Fiona Robertson - Al Tamimi & Company

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United Arab Emirates: Dispute resolution

Arbitration and international litigation
Dispute resolution: arbitration and international litigation - ranked: tier 3

Al Tamimi & Company

Al Tamimi & Company handles commercial and construction arbitrations, as well as free zone litigation. Rita Jaballah, who heads the firm’s DIFC courts practice, represented the DIFC Authority in DIFC Court litigation as part of a construction dispute with Brookfield concerning the Gate building. Thomas Snider, who joined in February 2017 from Greenberg Traurig LLP’s Washington DC office, has expertise in joint venture disputes. Tarek Shrayh is also a name of note for DIFC litigation. Paul Turner has retired.

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Local court litigation
Dispute resolution: local court litigation - ranked: tier 1

Al Tamimi & Company

Al Tamimi & Company covers the gamut of disputes before the UAE courts, but has a significant presence in the banking litigation space: practice co-head Hussein Eisa Shiri and Naief Yahia represented Tadhamon International Islamic Bank in a AED1bn case over a series of real estate investments, which ultimately settled. In another key mandate, El-Ameir Noor, who is based in Abu Dhabi, is representing General Motors in a dispute with a former distributor, which involved numerous appeals. Co-head Hassan Arab, Tarek Shrayh, Zafer Oghli, who heads the firm’s Sharjah office, and Ibtissem Lassoued, who handles financial crime, are also key contacts.

Leading individuals

Hassan Arab - Al Tamimi & Company

Hussein Eisa Shiri - Al Tamimi & Company

Next generation lawyers

Naief Yahia - Al Tamimi & Company

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Legal Developments by:
Al Tamimi & Company

Legal Developments in United Arab Emirates

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Cautious Optimism on 100 per cent Foreign Ownership

    Recent media reports have suggested that 100 per cent foreign ownership of companies in the UAE will now be permitted. The reports are based on a government press release regarding a UAE Federal Cabinet (Cabinet) meeting held on 20 May 2018.
  • Thoughts on the Extradition Rules under the UAE Laws

    This article assesses the feasibilities and outline of the process of extradition in the UAE. The article also reviews how extradition succeeds through judicial collaboration internationally.
  • Arbitration Article Series V: Challenging an Arbitration

    In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.
  • Investors win Dh84m claim against developer in Dubai

    A Dubai developer has been ordered to pay three men Dh84m after they failed to deliver villas the men had purchased from a housing project near Dubai Land.
  • The Public-Private Partnership Law Review 3rd Edition

    The Philippine chapter of The Public-Private Partnership Law Review 3 rd edition was contributed by SyCipLaw partners Marievic G. Ramos-Añonuevo and Arlene M. Maneja . The chapter includes information on public-private partnerships (PPPs) in the Philippines, including general framework, bidding and award procedure, contractual arrangements, financing, and recent developments and decisions.
  • Arbitration Article Series IV: Enforcing Arbitration Awards

    In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.
  • Arbitration Article Series I: Rise of Arbitration

    The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai. The arbitration process is the preferred method to resolve disputes by commercial companies. As the certified language of arbitration proceedings is in English, a specialist tribunal can be appointed as opposed to the more broad UAE courts, and arbitration is generally more cost-effective and less time-consuming. This has led businesses and investors in the UAE to ensure that arbitration clauses or agreements are inserted into their contracts. Furthermore, the downturn in economic conditions in the real estate market over the past few years has led to an increase in disputes in general, and parties are more likely to issue court proceedings than to try to recover their losses through other ventures.
  • Arbitration Article Series II: Appointing Arbitrators

    An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to make an application. The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an arbitrator. There must be an odd number of arbitrators, although there is no limit set on the number of arbitrators.
  • Arbitration Article Series III: Terms of References

    Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the UAE courts to require the foreign award to satisfy the rules and procedures of the UAE, and they may refuse to enforce it if there is a violation of local laws. One potential difficulty arises in convincing the UAE court that it did not have jurisdiction to hear the dispute in the first place (irrespective of the arbitration agreement between the parties). The UAE courts normally have a fairly broad jurisdiction over disputes including, for example, claims connected to money or assets within the UAE and claims arising out of contracts executed or to be performed in the UAE, as well as claims over foreigners who are resident in the UAE. Therefore, it is difficult to prove that the UAE court did not have jurisdiction over the order.
  • An Introduction to Corporate Guarantee

    In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending or providing other banking facilities to family or other private businesses, primarily on the strength of the “name” or “names” of the proprietors standing behind the business, rather than on the strength of the asset quality and underlying credit of the particular business. Of course, in practice, there is commercial overlap between the proprietors and the companies which they own, but the credit analyses can break down where poor banking practices and procedures result in poorly constructed legal documentation and gaps in guarantee and security support documents.