Securing Rights
Contentious restructuring refers to reorganising a company's financial and operational structure amidst significant disputes or conflicts among stakeholders.
Describe the service and how customers or clients can benefit from it. This is the place to add a short description with relevant details, like pricing, duration and how to book.
Related Services
Corporate Structuring and Formation
We advise on the choice between contractual joint ventures (governed by partnership or consortium agreements) and corporate joint ventures We handle entity formation, capitalisation structuring, and regulatory filings across ADGM and other GCC jurisdictions; draft and negotiate definitive agreements that allocate rights, obligations, management authority, and profit distribution.
Partners in Charge
Fareya is a Co-Founder and Managing Partner at Fareya Azfar & Araoui LLP.
FAQs
Can I appeal the arbitration award?
An arbitral award is generally final and not “appealable” on the merits (i.e., you normally cannot appeal because you think the tribunal got the facts or law wrong). But an arbitration award can be "challenged" by making an "application to set aside" the award before the courts of the place/seat of arbitration.
How long does a typical arbitration take end-to-end?
Most rules and arbitration laws mandate that the tribunal must render its award within six months of the first hearing or its constitution, but in practice the concept of party autonomy prevails in the timeline of arbitral procedures. If both parties agree to extend the deadline of six months, it is extended until such time as the parties agree to do so, sometimes subject to permission of the scruity of arbitral institution (such as the ICC Court of Arbitration).
Can I get urgent/interim relief (injunctions, asset freezes) in arbitration?
Yes, you can obtain urgent interim relief, including injunctions and asset freezes, in arbitration. You can secure these through an Emergency Arbitrator (before the main tribunal is formed), the Arbitral Tribunal, or National Courts. However, because arbitral tribunals lack direct coercive enforcement powers against third parties (e.g., forcing a bank to freeze an account directly) we apply for interim and freezing orders in support of arbitration to the courts at the seat of arbitration or in jurisdictions where the opposing party's assets are located. We have successfully obtained worldwide freezing orders from local courts in the UAE, as well as foreign courts, such as the BVI, where we secured an order against both the defendant, the party to the arbitration, and a a third party escrow agent, from dealing with the assets referred to within the freezing order until the closure of the arbitration in Dubai.
What is arbitration and how is it different from going to court?
Arbitration is a process through which parties agree to resolve the dispute(s) between them by submitting to the final and binding decision of adjudicators, called arbitrators, appointed by them directly, or a mechanism of appointment agreed in their arbitration agreement. The scope of the disputes subject to arbitration are limited and defined in scope, by reference to a certain situation, contract, deal or transaction.
What if the defendant does not participate in the arbitration proceedings?
The arbitration continues 'in default'. The claimant will still have to prove the merits of their case, and the arbitral tribunal will be more inquisitive and demanding on the claimant. But the arbitration will continue in absentia.
Guiding You through Friction


