Areas of Expertise
Contracts
The foundation of any well-functioning legal relationship is an enunciated and precise contract. In the best case, this contract defines all rights and obligations and regulates any points of conflict in advance in accordance with the respective interests. To avoid long-term disputes, it is key to already anticipate potential differences during the initiation of a contractual relationship. Daburon & Partners can help you draft, review and revise contracts in English, German, French and Arabic. Our repertoire includes contract reviews and drafts in the areas of:
We advise you in every stage of your business activities from establishment on. This
includes the drafting and review of MoAs, shareholding agreements and the guidance
on share sale and pledge, and joint ventures
In construction projects, many details must be considered and planned in advance,
which can otherwise cost you dearly afterwards. With our advice, only the sky is the
limit. We support and assist you in any way possible to realize your project. Among
others, we advise on FIDIC contracts.
The Health Care sector is a vast and diverse industry that is faced with multiple
challenges. We advise you on the laws and regulations and support you drafting and
reviewing selective contracts, general terms and conditions, research and
development contracts, cooperation agreements, NDAs, and more.
In the highly regulated and sanctioned sector of transport and defense, there are
many aspects that need to be considered even in advance of starting business
activities. Contact our experts for advice.
We are advising on any financial transaction including facility agreements based on
loan market association guidelines.
Changes in technology and regulations can quickly lead to disputes in IT contracts.
Let our experts advise you.
We are your partner for all Real Estate contracts including on-plan and off-plan
transactions and tenancy agreements.
Our team at Daburon & Partners drafts and reviews employment contracts and employee
handbooks, advises on terminations and disputes, and in employment mediation and
litigation. If you have any questions, we are happy to assist.
There are multiple ways of starting commercial activities, which are associated with
different risks. To find the appropriate form for you, feel free to contact our
team.
FAQ
In short, a jurisdiction clause allows the parties to agree, at the start of an
agreement, which court or dispute resolution forum will hear any dispute under it.
This is to be contrasted to a governing law clause, which allows the parties to
agree on the substantive law that will govern the agreement.
Without a jurisdiction clause the law of the state where the contract is entered
into is generally the law ruling the contract. But the parties can incorporate a
governing law clause to their agreement. This allows them to determine the
substantive law governing the agreement.
Contracts may be concluded both orally and in writing. Contracts concluded orally
are legally effective unless a written form requirement exists. However, there may
be difficulties in proving this. Some contracts must be notarized, such as wills.
Every contract in the UAE is subject to the duty of good faith of the parties. This
is indicated with the words “that every party must act according to the virtues of
law” stated in Art. 246 Civil Code of Federal Law No. 5 of 1985 (Civil Code of the
UAE). Overall, this implies the obligation to act honestly and fairly with the
contracting party.
Under UAE Law a valid and binding contract is only terminated or can only be
modified in the following cases [Art. 267 of Federal Law No. 5 of 1985 (Civil Code
of the UAE)]:
- mutual consent of the parties
- order of the court
- law provision