مكتب شيماء الكعبي للمحاماة

Shaima Ghanim Al Kaabi Advocates & Legal Consultants
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Commercial Cases

Commercial disputes need a lawyer who speaks the language of business — we represent companies and merchants in every type of commercial case with speed, expertise, and strong courtroom presence.

About the Service

The business world plays by different legal rules

Commercial cases are not ordinary civil cases — they have faster procedures, special fees, and dedicated courts in many emirates. Mistakes here are expensive, and decisions affect your company's entire future: partner relationships, business continuity, commercial reputation, and your relationships with banks and suppliers.

We represent you under the latest legislation: the Commercial Transactions Law No. 50 of 2022, the Commercial Companies Law No. 32 of 2021, and the Bankruptcy Law. Our experience covers partner disputes, commercial contracts, commercial papers, bankruptcy and restructuring, and cases before mainland courts and the DIFC and ADGM courts.

6
months average commercial case duration
2022
the new Commercial Transactions Law No. 50
3
judicial systems: federal, DIFC, ADGM
What We Offer

Integrated Coverage of Commercial Disputes

We work with small and large companies, merchants, investors, and shareholders.

Partner & Founder Disputes

Partner disagreements, company dissolution and liquidation, and protecting minority shareholder rights.

Commercial Contract Disputes

Breach of sale, supply, services, and commercial agreements between companies.

Commercial Papers

Cheques, bills of exchange, and promissory notes — collection, objection, and enforcement.

Commercial Agencies & Distribution

Exclusive agency disputes, termination, compensation, and distribution rights under the agency law.

Bankruptcy & Restructuring

Bankruptcy procedures, financial restructuring, protecting the company, and negotiating with creditors.

Unfair Competition

Customer poaching, damage to commercial reputation, trade secrets disclosure, and competition by former employees.

IP & Trademarks

Protecting trademarks, patents, copyrights, and claiming compensation for infringement.

Enforcing International Commercial Judgments

Enforcing foreign commercial judgments inside the UAE, and vice versa, under international conventions.

How We Work

A Specialist Methodology to Settle Commercial Disputes

Four steps handled with a business mindset — not lawyer-style delay.

1

Dispute Assessment

Analyzing contracts, records, and correspondence, and determining the legal and commercial strength of your position.

2

Choosing the Right Track

Amicable settlement, commercial arbitration, or court litigation — based on the nature of the dispute and your interest.

3

Litigation or Arbitration

Representing you before commercial courts or arbitration panels with strong pleadings and effective advocacy.

4

Asset Enforcement

Enforcing judgment against the losing company's assets — accounts, real estate, shares — until collection.

FAQ

Your Questions on Commercial Cases

Key differences:

Parties: commercial cases are between merchants or companies; civil cases between individuals or non-merchants.
Evidence: in commercial cases, all forms of evidence are admissible (testimony, invoices, books, correspondence); civil cases are more restrictive.
Courts: dedicated commercial divisions in some emirates.
Interest: permitted in commercial cases, prohibited in civil cases between individuals.
Speed: commercial cases are heard faster due to the nature of business.
Commercial arbitration is preferred when:

Confidentiality is a priority — avoiding public disclosure of dispute details
The dispute is technically specialized — you need an arbitrator who knows your sector
Speed matters — resolution in months not years
International enforcement is essential — arbitral awards are enforceable in 170+ countries
Preserving the commercial relationship — less adversarial than the courts

We analyze your situation and recommend the most effective path for your case.
Partner disputes are among the most complex cases, with multiple paths:

First review: the founding contract and the company's articles of association
Shareholders' agreement if any — often contains a dispute resolution mechanism
Amicable settlement or arbitration — to avoid shutting down the company
Company dissolution claim in extreme cases before court
Share buy-out claim for a partner at a fair price

We represent minority and majority partners with the same effectiveness, always aiming to protect your interests while preserving the company's continuity wherever possible.
After amendments to the UAE Cheques Law, you have strong options:

Direct enforcement: a bounced cheque is treated as an enforcement instrument — you go directly to the enforcement judge without filing a substantive case, saving months.
Criminal action: still available in specific cases (fraud, insufficient funds with bad faith).
Commercial action: claiming the amount + interest + compensation.

We analyze your situation and choose the fastest route to recover the full cheque value.
UAE Bankruptcy Law (Decree-Law No. 9 of 2016 and its amendments) offers three tracks:

Preventive Composition: for companies that can be saved — debt deferral and creditor agreements under court supervision.
Restructuring: reorganizing the company's operations financially and administratively.
Bankruptcy & Liquidation: the final solution where continuation is impossible.

Timing is critical — delay can flip the case from protection to personal liability on directors. We assess your situation and guide you to the optimal track.
Yes, through two mechanisms:

Arbitral awards: enforceable in 170+ countries that are parties to the New York Convention — the fastest and broadest international enforcement.
Court judgments: enforceable in countries with bilateral or regional judicial treaties with the UAE — including Gulf and Arab states and several others.

That's why, when drafting contracts with foreign companies, arbitration is a strategic choice that ensures smooth enforcement. We help you choose the track from the start, and enforce judgments abroad when needed.

Your Business Deserves a Defense Worthy of Its Ambitions

A commercial dispute without strategy drains your company. Contact us today to assess your situation and build a legal plan that protects your interests and preserves your commercial relationships.