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SPECIALIST PRACTICE FOCUS

Private Capital

Private Capital Overview

Private capital involves the deployment of privately sourced capital into businesses, assets and investment opportunities outside the public markets. It includes raising capital, deploying capital, preserving value, managing investments and ultimately achieving a successful exit.

We advise founders, private investors, family offices, and owner-managed businesses throughout the investment lifecycle, whether raising capital, deploying capital, restructuring investments, or planning an exit.

Our practice encompasses all components of private capital transactions, from investment structuring and capital raising through fund formation, corporate restructurings, acquisition financing, governance arrangements, and capital structure optimisation.

Our transaction structuring is driven by first-principles analysis rather than conventional deal precedents alone. Instead of defaulting to familiar structures because they are market standards, we evaluate the commercial, legal, regulatory, tax, financing, and governance implications of alternative approaches to identify the structure best suited to the parties' objectives, risk allocation, and long-term strategy.

The objective is not simply to complete a transaction, but to establish an investment structure capable of accommodating future financing, governance changes, restructurings, ownership transitions and ultimately a successful exit.

Fareya Azfar

Partner

+971 56 7058483

Jade Al Araoui

Partner

+971 56 171 5276

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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. 

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