HAMDAN ALSHAMSI LAWYERS & LEGAL CONSULTANTS > Dubai, United Arab Emirates > Firm Profile
HAMDAN ALSHAMSI LAWYERS & LEGAL CONSULTANTS Offices
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Unit 401, Bay Square Building 1
Marasi Drive, Business Bay
P.O. Box 116564
United Arab Emirates
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HAMDAN ALSHAMSI LAWYERS & LEGAL CONSULTANTS > The Legal 500 Rankings
United Arab Emirates > Dispute resolution: local litigation
HAMDAN ALSHAMSI LAWYERS & LEGAL CONSULTANTS > Firm Profile
The firm: Established in 2011, Hamdan Al Shamsi Lawyers & Legal Consultants has adapted and expanded, paving the path for our diverse range of legal experience and clientele. Based in Dubai, UAE our legal practice provides sector expertise in both the local and international levels.
Our areas of legal litigation and consultancy expertise include, but are not limited to: banking and finance, construction, corporate, criminal, family, intellectual property, maritime, employment (labour), private clients and real estate.
Our clients’ success inspires our own. Our sound reputation and proven track record come from our dedication to providing strategic and high-quality legal services while adhering to the highest standards of integrity and excellence.
Areas of practice: The firm is very successful in the UAE courts of litigation. In particular: corporate and partner disputes, commercial matters and claims (various), construction disputes, real estate, leases, labour, inheritance and family disputes and IP.
Our corporate and transactional Lawyers are well versed in all areas of M&A, private client and corporate governance as well as restructuring work.
At Hamdan AlShamsi we have a dedicated department and team of legal experts who are only working on DIFC and ADGM Court related matters.
This team represents clients in a broad range of disputes under the jurisdiction of the Dubai International Financial Centre (DIFC) Courts and Abu Dhabi Global Markets (ADGM) Courts which often have an international or cross-border elements. The department also conducts complex international arbitrations administered by the DIFC, DIAC, and ICC arbitration centers.
The key areas of expertise are:
- Commercial disputes banking and finance
- Construction arbitration and litigation
- White-collar crimes
- DSFA compliance and regulatory
- Maritime
- Corporate and commercial
- Intellectual property
- Employment
The firm’s DIFC department has been very successful before the DIFC courts in: banking, mis-selling, corporate leases, real estate and hospitality. The firm has been very successful in advisory services (drafting and negotiation) in the following: acquisition, corporate restructuring, labour, acquisition, commercial agency/distribution agreements (and license agreements), franchise agreements, assisted with IPOs in other jurisdictions, winding up and liquidation, wills and succession planning.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
UAE Civil Courts | Hamdan AlShamsi | ||
Construction | Robert Whitehead | ||
Construction | Afif Ammoury | ||
DIFC-ADGM Courts & Arbitration | Hamdan AlShamsi | ||
DIFC-ADGM Courts & Arbitration | Robert Whitehead | ||
DIFC Wills | Robert Whitehead | ||
Criminal | Hamdan Alshamsi | ||
Wills and inheritance | Hamdan AlShamsi | ||
Intellectual Property | Mohamed Nour | ||
Corporate and Contracts | Mohamed Nour | ||
Family Law | Mohamed Ahmed Mohamed Elsharkawi | ||
Criminal Law | Mohamed Ahmed Mohamed Elsharkawi | ||
Employment Law | Ayman Al Ashry | ||
Construction and Property Law | Ayman Al Ashry | ||
Criminal and Family Law | Ayman Al Ashry | ||
Corporate and Advisory | Ziad Chebli | ||
Banking and Finance | Ziad Chebli |
Lawyer Profiles
Photo | Name | Position | Profile |
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Advocate Ayman Al Ashry | Senior Legal Consultant | View Profile |
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Advocate Ayman Al Ashry | Senior Legal Consultant | View Profile |
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Advocate Hamdan Alshamsi | Founder & Senior Partner | View Profile |
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Advocate Ziad Chebli | Partner | View Profile |
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Advocate Mohamed Elsharkawy | Legal Advisor | View Profile |
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Ezgi Fedai | Junior Associate | View Profile |
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Ezgi Fedai | Junior Associate | View Profile |
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Mr Mohamed Nour | Senior Associate | View Profile |
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Advocate Robert Whitehead | Partner & Head of DIFC | View Profile |
Staff Figures
Legal Team : 25 Admin Team : 15Languages
Arabic English French Hindi Turkish RussianMemberships
IR GLOBAL EOInterviews
Mr. Hamdan Alshamsi, Senior partner & Founder
What do you see as the main points that differentiate Hamdan AlShamsi Lawyers from your competitors?
We are relying on the best forms of management and data to ensure that the quality we are providing to the client is better than the competitor. To put more emphasis on what team we bring forward to assist the client, we find that assigning the right person to that particular client is essential as apposed to an allocation of work based on capacity.
Which practices do you see growing in the next 12 months? What are the drivers behind that?
We see that acquisitions of medium and small companies will see an increase as well as the setup of companies that rely far less on the traditional brick and mortar model. More companies are being setup to make life, as we currently live it, easier in terms of delivering services to your doorstep which are bespoke and tailored to each individual.
What’s the main change you’ve made in the firm that will benefit clients?
Simply put, we have become a data driven firm in that we collect more data points from our clients and colleagues on the work being done and the legal field than most other firms. We have developed our own task and document management system to ensure work is delivered on time and can be accessed remotely from any location. Tasks are recorded on the system, reminders are sent and matters are followed up on.
Is technology changing the way you interact with your clients, and the services you can provide them?
The ease of which we can meet our clients these days through various video conferencing solutions has lead to much more efficient use of our time and our clients. The need for physical meetings and time spent to and from such meetings has dwindled and virtual meetings have become the norm. I refer back to our own task and management systems which have allowed us to conduct our whole operation paperless has been a game changer. Creation, revisions and amendments to all deliverables are conducted through our own systems through a hierarchy of approvers and decision makers. Paperless operations are the future and the technology we have in our hands allows for such transformation.
Can you give us a practical example of how you have helped a client to add value to their business?
A practical and pragmatic approach to their legal issues is the key to the work we provide to all our clients. For example, we have methods, through the application of the laws of the UAE, to assist clients with collection of their debts from their client or customers that is both cost effective and has a high rate of
Spotlights
UNITED ARAB EMIRATES
Founded in 2010 by Hamdan Alshamsi expert UAE litigation practitioner, Hamdan Alshamsi lawyers & Legal Consultants (“HAS”) legal practice provides sector expertise at both local and international levels.
Our representation in the UAE includes a comprehensive range of legal services from litigation in the Dubai Courts to negotiations of commercial transaction and even DIFC – Arbitration representation with a focus on high quality client service.
With a team of over 10 different nationalities, we provide legal services in English Arabic, French, Hindi & Spanish. At HAS our clients’ success inspires our own. Our sound reputation and proven track record come from our dedication to providing strategic and high quality legal services while adhering to the highest standards of integrity and excellence.
UAE Litigation team: We pride ourselves in having an immaculate reputation with regards to our litigation department. Our main asset lies in our seven lawyers & legal consultants lawyers combining a multifaceted experience ranging from criminal to civil disputes. With a strong track record on rental and commercial dispute Hamdan Alshamsi Lawyers & Legal Consultants has been the preferred UAE law firm for litigation related cases. Our Litigation department expertise is: Criminal | Civil | Construction | Property | Employment | Personal Status | Commercial.
Corporate team: We are well versed in every aspect of commercial, distribution and corporate action according to local,
regional and UAE law. Our skilled corporate lawyers advise public and private companies, government entities, and other institutions on almost every type of transaction or corporate matter. Our Corporate department is specialized in the following
areas: IP | Commercial | Employment | Mergers & Acquisition | Property | Compliance | Distribution & Local Agents | Family Matters.
DIFC & Arbitration: This team is dedicated to representing our clients and advising them for matters subject to the jurisdiction of Dubai International Financial Center, Abu Dhabi Global Markets, Common Law countries (including the UK), or have an international or cross-border element. With an Expertise in: Commercial Disputes | Banking & Finance | Construction Arbitration & Litigation | White Collar Crimes | DSFA Compliance & regulatory | Maritime | Corporate & Commercial | IP | Employment.
HAS is a full-service law firm. Our areas of practice are broad, and they include, but are not limited to:
Practice Area:
- Mergers & Acquisitions
- Insolvency & Bankruptcy
- Agency & Franchising
- Intellectual Property
- Corporate Governance
- Employment (Labour)
- Information Technology
- Tax Law
- Maritime law
Industry:
- Banking & Finance
- Insurance
- Real Estate & Construction
- Contract Law
- Maritime Law
- Tax law
- Insurance
- Real Estate & Construction
- Contract Law
- Media & entertainment
COMMERCIAL, CORPORATE AND M&A
We are experienced in all aspects of commercial and corporate transactions in accordance with local, regional laws. Our corporate department advises individuals, corporates, government entities and other institutions on various types of transactions and corporate related matters. Our corporate services and advisory team provide full legal services for businesses that are both located onshore and offshore in one of the free zones.
Our Corporate team’s broad international experience has allowed them to advise on cross border transactions successfully assisting their clients with various matters relating to their companies.
Our corporate department team’s experience spans over a wide spectrum of legal matters including, but not limited to, drafting various corporate documents including shareholders agreements, terms and conditions and supplier/distribution agreements for a variety of industries ranging from tourism, food & beverage, construction, fintech, commerce and construction. Furthermore, the corporate department is well positioned with years of experience in advising on corporate formation and restructuring matters for onshore and offshore entities within the United Arab Emirates.
Our corporate team members are involved in and members of many renowned organizations where their legal opinion and positioning is often sought after.
Our corporate department is one of the strongest assets of Hamdan AlShamsi Lawyers & Legal Consultants resulting from their educational background to their varied and in-depth experience. With over 16 years of international experience in various spheres giving them an advantage in understanding blends of cultures and requirements.
Our area of expertise are:
- Commercial transactions
- Mergers & Acquisition
- Restructuring
- Start-up Development and Scaling
- Employment
- Compliance
- Intellectual Property
- Commercial contracts
- Distribution and Agency Arrangements
- General Advisory on corporate matters in the UAE
DISPUTE RESOLUTION
Hamdan AlShamsi Lawyers and Legal Consultants has a full service Dispute Resolution and International Arbitration practice.
Our lawyers are highly accomplished litigators and provide sound guidance to clients to protect their commercial interests and minimises legal exposure/risk.
The team has an impressive record in dealing with major litigation and arbitration cases against tier one international law firms. Our strengths lie in effectively managing complex and high-volume caseloads.
We maintain a demonstrable record of identifying and presenting facts in a new light that has a positive impact on case outcomes. We focus on excellence in customer care and practice management by championing current legal standards. Our senior associates are collaborative communicators with a proven ability to build productive relationships with fellow team members as well as with external counsel and others.
The team has substantial experience before arbitral tribunals and in the courts of offshore jurisdictions, in particular the Dubai International Financial Centre Courts. Our work involves issues as to applicable law, jurisdiction and cross border enforcement.
We have represented clients in arbitrations governed by various institutional rules including the Dubai International Arbitration Centre (DIAC), the DIFC-LCIA and the International Chamber of Commerce (ICC).
Areas of expertise:
- Commercial Dispute Resolution
- Banking & Finance
- Construction Arbitration and Litigation
- White Collar Crimes
- DSFA Compliance and Regulatory matters.
- Commercial Litigation
- Professional Negligence
- Arbitration
- Civil Fraud
- Banking and Financial Services
- Regulatory and Investigations
- Property Disputes
- Shareholder Disputes
- Employment, and Pensions Disputes
- Banking and Finance Disputes
- Maritime Disputes
- Corporate and Commercial Disputes
- Intellectual Property Disputes
- Media and Sports Disputes
- Construction and Contractual Disputes
Legal Developments
TO BE UNDER THE CONTEMPT OF THE COURT
12th July 2024 I. WHAT IS “CONTEMPT OF COURT”? Contempt of court takes place when, during legal proceedings, the administration of justice is or has the possibility of being prejudiced or impeded. For example, a person may be in contempt of the court if they commit certain acts, such as: (i) an order, judgment or undertaking has been breached or disobeyed; (ii) a party has made a false statement in a document verified by a statement of truth; and/or (iii) misconduct has occurred by a party during legal proceedings. II. WHAT ARE THE PENALTIES FOR CONTEMPT OF COURT? The court may impose a penalty on a party who is under contempt of court. The most common penalties being imposed include: (i) a fine; (ii) confiscation of a party’s assets or the asset in dispute; (iii) an immediate sentence; and/or (iv) a suspended sentence. III. CONTEMPT OF COURT (IN THE DIFC & ADGM COURTS) In the DIFC Courts, under the rules, contempt of court is defined as the power of the Court of First Instance or Court of Appeal to punish an individual under an order of committal, due to a breach of an order made by a court or a breach of an undertaking. This order may be made by a single Judge of the applicable court or by way of application through a claim form or an application notice that is supported by an affidavit. The court, unless it directs otherwise, shall determine a hearing date to determine the committal application. Should the Court find that a party is in contempt, the penalties that may be imposed are under the Court’s transgression, however, as indicated above, some of the most common penalties include: (i) a fine; (ii) a travel ban; (iii) an order to freeze a party’s assets or bank accounts; and if the previous punishments are insufficient, (iv) to refer the matter to the Attorney General. Similarly, the ADGM has the same stance as the DIFC. The ADGM considers a party to be in contempt of the court if they: (i) willfully insult a person involved in the case during a Court session (i.e. a witness, Judge, or registrar, etc.); and (ii) Willfully commits misconduct during the proceedings. Should the Court find a person to be in contempt of court, they may, as they see fit, (i) impose on the party a fine with the limit of AED 200,000,000; (ii) refer the matter to the attorney general of Abu Dhabi for further penalties if necessary; and (iii) make any further order as the Court considers necessary to achieve justice. IV. HOW TO AVOID BEING IN CONTEMPT? Throughout the committal proceedings, the Court may allow the Party that may be accused of contempt to be permitted a reasonable time to respond to the committal application and to raise a defense (if necessary). Further, the court may allow the party alleged with being in contempt of court to: (i) apologize to the court; (ii) to explain his actions and behaviour, giving good reasons why they have made such actions; and (iii) if contempt is proven successfully, the opportunity to address the court on the penalties imposed. V. CASE LAW & TRENDS FOR CONTEMPT OF COURT (IN THE DIFC & ADGM COURTS) In recent cases, the prevailing trend is that the party accused of contempt must have intentionally breached a court order or undertaking. During any committal hearing, a party in contempt must have been proven to have breached the law intentionally without them being negligent. Further, the accused party cannot claim that they were unaware of the order, as there is no need to show that the party was aware that they were acting in violation of a court order. Recent case law trends suggest an emphasis towards the importance of clear evidence on the non-compliance of court orders, and suggests a high burden of proof on those who file a contempt application. There may be circumstances where enforcing contempt orders can be difficult, especially where there has been extensive dissipation of assets. The courts have used contempt to prevent transfers that deprive parties of their monies or compensation. Non-compliance with court decisions may result in harsh punishment. An example of this is in the case of Lateef and Lukman (acting through its attorney, Lateef) v Laamih, Labib, and Laeek ARB 021/2021, where the Court of First Instance held that each person under contempt was required to pay the claimant’s costs of the application for committal and for the decision of punishment to be referred to the Attorney General of Dubai for consideration. VI. CONTEMPT OF COURT (IN OTHER JURISDUCTIONS) The concept of being in contempt of court is not unique to the DIFC Courts, as it is derived from English law and extends across multiple jurisdictions. Each jurisdiction deals with contempt of court differently, which we explore below. For example, in the United Kingdom (UK), contempt of court is governed by statute and common law. Being in contempt of court does not fall exclusively to civil cases, as parties in criminal cases can also be in contempt of court. In civil cases, should a party find themselves under the contempt of the court, the court will impose a fine or imprisonment. In the case of Commercial Bank of Dubai PSC v Al Sari [2024] the defendants were found to be in contempt of court due to their continuous failure to comply with disclosure requirements under a worldwide freezing order. The Court of Appeal maintained the defendant’s 24-month jail sentences, and found that their failure to comply with the required directions was intentional and significant due to a failure to comply with asset disclosure rules required for the enforcement of a considerable debt judgement. In criminal cases, should a party find themselves under the contempt of the court, the court will impose those in contempt, with fines and/or imprisonment. For example, in the case of Attorney General v Crosland [2021], the defendant revealed information before it was made public to the media, and due to his actions, the defendant was found to be under criminal contempt by the Supreme Court and was sentenced to a fine of GBP 5,000 and GBP 15,000 in costs. Like the UK, the United States of America (USA)’s concept of contempt of court has two categories being civil and criminal. Civil cases usually seek to compel a party to comply with the given court order, whereas criminal cases often punish the activities that disrespect the court or attempts to obstruct justice. An example of civil contempt in the USA is in the case of Taggart v. Lorenzen, 139 S. Ct. 1795 [2019], where the supreme court declared that a creditor who attempts to collect a debt in violation of a bankruptcy discharge order can be punished for contempt of court if there is no reasonable doubt as to whether the order prohibited the creditor's action. On the other hand, United States v Underwood [2023] is an example of a party being in criminal contempt. In this case, the Defendant was found to be in contempt of court for refusing to answer questions during cross-examination despite being cautioned by the judge, as this was found to be disrespectful because he had previously surrendered his Fifth Amendment rights by testifying. VII. SUMMARY In essence, although internationally the concept of contempt of court is different from one jurisdiction to another, the main idea is that being in contempt occurs when a party either deliberately lies to the court, disobeys a court order, or disrupts the application of justice. The consequences of being under the contempt of the court may be severe as the court may decide to punish you with hefty fines or, if severe, imprisonment.Authors: Robert Whitehead – Partner & Head of DIFC and Rayan Bagundang – Paralegal
- Dispute resolution: local litigation