Hamdan AlShamsi lawyers
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The construction industry is one of the pillars that supports the UAE economy, however it is also open to a lot of disputes and cases requiring arbitration. How does the firm deal with arbitration and construction clients and what services does the firm offer?

At Hamdan AlShamsi Lawyers & Legal Consultants (HAS), we have experienced lawyers who have handled all types of construction disputes through various forums over the last 10 years. We do arbitration in English and Arabic through the forums of the DIFC, UAE Courts and different arbitration centres.

We have acted for employers, engineers and contractors in addition to collaborating with delay and quantum experts to provide assistance with pre-dispute claims procedures. Much of our work arises out of filing orders to freeze assets and recover monies on behalf of our clients.

How much experience do you have with the DIFC Court?

We have significant experience and expertise with assisting clients in finance and banking transactions. The firm has been present in the DIFC Courts since 2014 and has been pivotal in the development of the DIFC Courts as a jurisdiction for dispute resolution.

We regularly advise clients on mis-selling claims, banking and finance agreements with complex dispute resolution clauses including hybrid, multi-tiered and carve out clauses, security documentation, as well as wider fraud, banking and shareholder disputes.

As a whole, the firm has substantial experience in complex civil fraud and dispute resolution claims arising out of efforts to freeze and recover the proceeds of fraud that have been transferred to or moved through bank accounts in Dubai, as well as property- related fraud in the UAE.

DIFC provides a court based on common law and litigation in a common law way, which differs a lot from civil law jurisdictions where hearings are conducted in Arabic.

As a boutique law firm, we involve the client in every step of the process giving us the advantage of transparency and effectiveness.

- Hamdan AlShamsi, Senior Partner, Hamdan AlShamsi Lawyers & Legal Consultants

What are the services that Hamdan AlShamsi offers start-up firms setting-up base in the UAE and what is the service portfolio on offer for the same?

Packages for start-ups include providing templates of fundamental incorporation documents such as non-disclosure/confidentiality agreements, shareholder agreements, and memorandums of associations. Other tier packages include fixed consultation hours and more specialised documents that cater to the requirements of each start-up such as IP licensing, distribution, franchising and services agreements.

We also offer general advice in relation to corporate structuring, appropriate jurisdiction and employment.

Please share some information on the new resolution passed on family contracts and wills and how the firm is placed to service potential clients in light of the change?

The firm has prepared an insightful article and breakdown of the new law regarding family contracts – available on alshamsilegal.com - and is currently registering one of the first aforementioned contracts in Dubai. I am personally registered with the DIFC Probate Registry and am licensed to prepare wills.

We have handled the drafting and execution of wills in both the mainland UAE and the DIFC and we are registered with the Wills and Probate Registry.

What is a significant case that your firm has been handling that relates to trademark or copyright infringement?

The firm prides itself in being able to advise clients on the best practices to take in relation to protecting their copyrightable and trademarked material. The firm is currently handling a significant trademark dispute acting for the Delhi Public School Society, as publicly known through the news.

What are the main challenges your clients have faced since the outbreak of the coronavirus?

Since the outbreak of coronavirus, the main challenges for our clients are: a sudden decrease of revenue, liquidity issues and the inability to use company premises, which led to an inability to deliver services and goods.

We held a series of webinars to raise general awareness on how to deal with liquidity using the law. We also assisted companies facing liquidity issues and, if required, bankruptcies as well as reducing their liabilities, whether dealing with employee liabilities and rent or advising companies in respect of the use of premises and IT solutions.

What advantages do you offer to your clients over your competitors?

As a boutique law firm, we involve the client in every step of the process giving us the advantage of transparency and effectiveness. Our edge over our competitors is to make sure that the accurate and best advice is given to our clients, accountability culture for clients’ satisfaction and ensuring, integrity and sincerity of our employees.

To learn more, visit www.alshamsilegal.com

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