Commercial litigation in the UAE: What international companies need to know now
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Al Jallaf
Wednesday, June 11, 2025
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Dubai is quickly becoming a preferred venue for international dispute resolution—but many foreign companies still misjudge how litigation works here. It’s not just about legal rights. It’s about knowing how the system functions, what’s required to access it, and how to navigate it effectively. The UAE’s dual-language, civil law-based court structure—and the requirement for local representation—means international businesses can’t simply replicate strategies they’ve used elsewhere. Understanding that difference is the first step to avoiding costly missteps. A major issue we see is international counsel assuming they can manage local litigation as they would in their home jurisdiction. But in the UAE, only Emirati-licensed advocates can appear in the local courts. This creates an immediate gap in representation for foreign businesses. That gap isn’t just procedural—it’s strategic. Without the right local litigation partner, international teams risk misjudging timing, documentation requirements, and even enforceability of foreign judgments. Firms that integrate qualified local advocates from the outset are better positioned to move quickly, respond effectively, and protect commercial interests before court proceedings escalate. Court proceedings are in Arabic, which leads many to treat bilingualism as a language issue. But it’s far more than that. Legal concepts don’t always translate cleanly, and misunderstandings in pleadings or evidence can carry significant consequences. Clients that succeed here are those whose legal teams speak both languages—and both legal systems. Drafting in English and Arabic isn’t just about clarity; it’s about ensuring the legal argument lands with the court as intended. Proactive legal strategy is just as important. Anticipating procedural delays, using interim measures like asset freezes or urgent applications, and front-loading your evidentiary preparation can change the course of litigation. Today’s disputes often involve multiple jurisdictions and counsel across time zones. Local firms that can’t align with international ways of working—clear reporting, collaborative systems, shared document protocols—become friction points. What international clients need is a litigation partner that operates like part of their team. That means more than court access—it means consistent updates, aligned strategy, and responsiveness that matches the pace of their business. Litigation in the UAE is not always adversarial. Courts here actively encourage settlement, especially in commercial disputes. Mediation, amicable resolution, and court-supervised settlements are all common. We often advise clients to assess their case early not just in terms of legal strength, but reputational and operational impact. Some of the most effective outcomes we’ve seen came not from litigation wins, but from well-timed settlements backed by strong legal positioning. For international companies operating in the UAE, litigation doesn’t have to be a risk—it can be a strategic advantage. But that depends on access, alignment, and a legal team that understands both the local courtroom and the global boardroom. When litigation becomes unavoidable, being prepared is what sets apart those who protect their position from those who lose ground.


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