When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and lawyers’ fees, and undertaking the required effort?
When you make a decision to lodge a case there are a few points to be considered. First, we need to evaluate the legal position. This shall depend on:
1. The applicable law. Which law will be applied in order to resolve the dispute?
2. Do the local courts have a jurisdiction over the dispute?
3. Is there enough evidence to prove what is claimed?
After making a good evaluation and determining there is a good chance of receiving what is claimed, we must evaluate the chances of the judgment being executed and collection of what was awarded. This shall depend on:
1. Whether the other party is a natural person or an entity.
2. If the other party is a natural person, does he have enough money, assets, property etc, in order to guarantee collection of the claimed amount, in case he refuses to execute the judgment.
3. If the other party is an entity, is it a company or an establishment? And if it is a company, then what type of company is it? Is it a personal or capital company?
In both evaluations – winning and execution evaluations- there must be a good channel of communication between the plaintiff, which is the client, and his lawyer.
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Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).
Commercial leasing and breach of contract punishments
In legal terms, a lease agreement can be defined as ‘a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment’. A ‘commercial lease agreement’ constitutes a written lease agreement whereby a landlord agrees to lease his commercial property to another person or entity for a given business purpose and specified time period.
