Drafting of contracts
Practice Areas
Corporate and commercial contracts
Get them drafted professionally – and legally
Contracts, agreements and transaction documents are a necessary and important part of doing business – for all kinds of business. These legal papers are formal, often complex, and must include necessary provisions to withstand lawsuits.
Although verbal contracts can be legally enforceable, their terms may be difficult to prove, and it is a universal recommendation to have written contracts with customers, suppliers, partners, principal employees, third-party providers, and government bodies.
A law firm can assist you with all aspects of contracting.
Elements of commercial contracts
In the UAE, commercial contracting is governed by the Civil Transactions Law, Federal Law No. 5 of 1985, (the Civil Code), which is based on Sharia principles. The element of good faith, which is codified in the Civil Code and forms an essential component of all commercial contracts, stipulates that all parties to a contract must act honestly and fairly.
Under the Civil Code, a commercial contract must have the following essential elements:
- Mutual consent to the creation of an agreement, and entering into said agreement
- A permissible subject matter that is both possible and defined, or capable of being defined
- Legal reasons for the obligations and subject matter of the agreement
When the courts have to decide on whether or not the contract is legal, they will also examine the following factors:
- If there is an offer, and acceptance thereof
- If there is certainty regarding all terms
- If both parties have the capacity to enter into the agreement
Corporate and commercial contracting
Our in-depth understanding and knowledge of the UAE’s legal and regulatory environment enables us to provide the most effective and cost-effective advice, while ensuring that all your legal objectives and obligations are met.
Our lawyers and case handles offer a variety of services related to commercial contracts, with personalised consultation:
- Business strategy development
- Contract negotiations with all (other) parties
- Legal structuring and drafting of contracts
- Bespoke clause drafting
- Independent or peer reviews of existing contracts
- T&C analyses (terms and conditions)
- Addressing breaches in existing contracts
- Attestation of signed agreements
We have strong working relationships with various regulatory authorities which keeps us abreast of new developments in key practice areas. This means our advice is clear, current, practical, and pragmatic.
Legislation of commercial agencies
We advise on a wide range of commercial arrangements required by businesses in their day-to-day operations in the UAE, taking into consideration the nature of the business, and various commercial and legal risks. We also provide advice on all types of commercial agencies, and issues concerning the legislation of commercial agencies.
As experienced lawyers practicing in the UAE, we work to ensure that your interests are fully protected in a wide variety of commercial contracts:
- Joint ventures
- Asset acquisition
- Corporate structures and restructuring
- Memorandums and Articles of Association
- Shareholder and partnership agreements
- Share purchase
- Management and operating agreements
- Marketing and sales agreements
- Service and consulting agreements
- Distributorships, franchises, commercial agencies
- Commercial real estate transactions
- Real estate financing
- Construction documents
- Employment contracts
- Non-disclosure agreements
Government contracts
The Government of Dubai Legal Affairs Department often reviews contracts and agreements to which Dubai government entities are a party, both to safeguard their interests and to ensure compliance with legislations in force.
Similarly, in other emirates, authorities often review legal papers in which their respective government authorities are a party. It is vital to ensure that such contracts are drafted properly and reviewed thoroughly before submission.
- Bespoke contracts for complex and high-value matters
- Contracts and agreements which either carry a financial burden or generate revenues for government entities
- Contracts and legal documents related to procurement
- IT contracts to which the government is party
- Registration of ownership, intellectual property and trademark contracts