case studies

Client Challenge:‍

Our client, a legal entity facing a commercial lawsuit, was threatened with a hefty $80,000 (AED 293,843.60) payment, plus interest and legal fees. The opposing party demanded immediate payment, jeopardizing our client's financial stability.

Fawzia Law Firm's Approach:

Recognizing the severity of the situation, our legal team at Fawzia Law Firm meticulously reviewed the case details and identified a crucial advantage: the existence of an arbitration clause in the underlying contract. We crafted a strategic defense leveraging this clause to our client's benefit.

Key Legal Strategy:

• Invoking the Arbitration Clause: We relied on Article (8/1) of the UAE Arbitration Law, which empowers courts to dismiss lawsuits if a valid arbitration agreement exists. We argued that the lawsuit should be inadmissible before the court, as the dispute rightfully belonged to arbitration proceedings stipulated in the contract.
• Formal Plea of Inadmissibility: We emphasized the formal nature of our plea, drawing parallels to jurisdictional challenges. Our aim was to establish the court's lack of authority to hear the case due to the pre-existing arbitration agreement.
• Supporting Legal References: We buttressed our arguments with relevant legal provisions from the UAE Commercial Transactions Law (Articles 254/1 & 2). These articles specify that brokerage fees are only earned upon successful contract conclusion, which demonstrably hadn't occurred in this case.

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Client Victory:

Our comprehensive legal strategy resonated with the court. The final verdict favored our client, achieving the following:

• Lawsuit Dismissed: The court upheld our argument, ruling in favor of inadmissibility due to the valid arbitration clause. The lawsuit against our client was dismissed, saving them a significant financial burden.
• Cost Recovery: The opposing party was ordered to bear all legal expenses incurred by our client, including attorney's fees, further minimizing the financial impact.

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Key Takeaways:

This case highlights the importance of seeking legal counsel from Fawzia Law Firm, especially when contracts involve arbitration clauses. Our team's in-depth legal knowledge and strategic approach secured a favorable outcome for our client, saving them from undue financial strain and ensuring their rights were protected.

Client Challenge:

Our client, a prominent legal entity, faced a serious breach of trust by an employee seeking personal gain. The employee exploited their position to divert customer transactions for personal financial benefit, causing significant financial losses to the company.

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Fawzia Law Firm's Approach:

Recognizing the severity of the crime and its impact on our client's business, our legal team at Fawzia Law Firm took decisive action. We crafted a comprehensive legal strategy to hold the employee accountable and recover the stolen funds.

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Key Legal Strategy:

• Comprehensive Investigation and Report: We worked closely with the client to understand the full scope of the employee's actions and gather concrete evidence. This formed the basis for a detailed report submitted to the relevant authorities.
• Strategic Memorandum for Prosecution: We meticulously drafted legal memoranda highlighting the criminal dimensions of the employee's actions. We relied on specific legal provisions, including Article 404 of the Penal Code (embezzlement) and Article 27 of the Code of Criminal Procedure (investigation procedures).
• Demanding Justice and Recovery: Our legal arguments sought two key outcomes: 1) Imposing a financial penalty on the employee commensurate with the embezzled amount; and 2) Referring the case to the civil court for potential recovery of stolen funds.

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Client Victory:

Our comprehensive approach and strong legal arguments resonated with the authorities. The case resulted in the following positive outcomes:

• Employee Held Accountable: The employee was found guilty of embezzlement and faced criminal penalties as per the legal stipulations.
• Financial Recovery Potential: With the case referred to the civil court, our client gained the opportunity to pursue civil action for recovering the embezzled funds, minimizing their financial losses.

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Key Takeaways:

This case underscores the importance of seeking legal counsel from Fawzia Law Firm when facing employee misconduct. Our commitment to comprehensive investigation, strategic legal representation, and pursuing justice for our clients delivered a successful outcome in this sensitive case.

Client Challenge:

Our client, a tenant in a private residential property, faced an unfair situation. The landlord had failed to register the lease contract with the Dubai Real Estate Regulatory Agency (RERA), violating legal requirements and leaving the client vulnerable.

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Our Approach:

Recognizing the injustice, our legal team took decisive action. We filed a lawsuit before the Dubai Dispute Resolution Committee, seeking termination of the unregistered contract. Our strategy relied on two key legal arguments:

• Non-Compliance with RERA Regulations: Article 4/2 of the Law Regulating the Relationship between Landlords and Tenants of Real Estate in Dubai clearly states that unregistered lease contracts are invalid and unenforceable. We presented this point with supporting evidence, highlighting the landlord's violation.
• Contract Invalidity Due to Imbalance: We argued that the unregistered contract violated Article 742 and 750 of the Transactions Law. These articles state that contracts lacking in consideration (due to non-fulfillment of benefits) are null and void. In this case, the unregistered contract offered no legal protection to the     client, rendering it imbalanced and unenforceable.

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Client Success:

Our strong legal arguments resonated with the court. The final verdict ruled in favor of our client, achieving the following favorable outcomes:

• Termination of the Unregistered Lease Contract: The court recognized the legal violations and terminated the unregistered contract, protecting our client's rights and interests.

• Reimbursement of Fees and Expenses: The defendant (landlord) was held responsible for covering all court fees, expenses, and attorney's fees incurred by our client during the legal proceedings.

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Key Takeaways:

This case demonstrates the importance of seeking legal counsel when facing unregistered rental agreements. Unregistered contracts lack legal enforceability and leave tenants vulnerable to exploitation. Our firm's commitment to upholding client rights and leveraging expertise in Dubai tenancy laws secured a positive outcome for our client.

Client Challenge:

Our client faced an unfair situation following a telephonic divorce. Despite the waiting period expiring, the ex-spouse continued demanding spousal support, claiming the marriage was still valid. This caused emotional and financial distress for our client.

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Fawzia Law Firm's Approach:

Committed to upholding our client's rights, our legal team at Fawzia Law Firm took decisive action. We filed a lawsuit seeking to officially prove the divorce and end the unfounded alimony demands.

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Key Legal Strategy:

• Comprehensive Evidence Gathering: We meticulously gathered evidence supporting the telephonic divorce and waiting period completion. This included witness testimonies, communication records, and relevant documentation.
• Strategic Memorandum Development: We drafted legal memoranda presenting a clear and convincing case based on applicable laws. We cited Articles 100 and 99 (amended by 8/2019 & 5/2020) of the Personal Status Law, establishing the validity of telephonic divorce and waiting period rules.
• Leveraging Evidentiary Law: We invoked Article 53 of the Personal Status Law and Article 62 of the Law of Evidence, emphasizing the truthfulness of the evidence presented and its admissibility in court.

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Client Victory:

Our comprehensive strategy and compelling arguments resonated with the court. The verdict delivered a positive outcome for our client:

• Divorce Officially Recognized: The court formally acknowledged the validity of the telephonic divorce, ending the ex-spouse's claims and providing our client with legal clarity.
• Unfounded Alimony Demands Terminated: The court dismissed the ex-spouse's alimony demands, alleviating the financial burden on our client and ensuring fair resolution.
• Cost Recovery: The ex-spouse was held responsible for covering all legal fees and expenses incurred by our client during the case, promoting accountability.

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Key Takeaways:

This case highlights the importance of seeking legal counsel from Fawzia Law Firm in navigating complex personal status matters. Our expertise in UAE family law and commitment to evidence-based representation secured a just outcome for our client, restoring their peace of mind and financial security