Defending Your Rights
Dedicated to excellence in high‑stakes, commercial disputes, including trials, appeals, arbitrations, and investigations. Our practice spans local, offshore and multi-jurisdictional disputes arising from joint ventures, M&A transactions, long-term supply and distribution arrangements, shareholder agreements, and foreign investment.
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Early Case Assessments
Disputes are ultimately a business problem, not merely a legal one. Clients must decide whether to pursue, defend, or settle a dispute often without clear visibility into cost, timeline, and realistic commercial outcome. At the heart of our strategy for legal and commercial victories winning complex is Early Case Assessment (“ECA”); a systematic approach to evaluating the strengths and weaknesses, risks, timeline, and cost of a matter. While our extensive experience means we scope work more precisely and anticipate possibilities more than non-specialists, our transdisplinary practice approach means we combine principles of the DuPont legal model with our proprietary SaaS technology to provide unparalleled assessments. The outcome places clients in a position to make a 'business choice' on whether to pursue, settle, or defend a matter.
Partners in Charge
Fareya Azfar
Partner
Fareya is a Co-Founder and Managing Partner at Fareya Azfar & Araoui LLP.
Fareya Azfar
Partner
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.
Managing Litigation across Multiple Jurisdictions