Hadef & Partners LLC

BANKING & FINANCE

Hadef & Partners has acknowledged expertise in banking and finance. Our clients include financial institutions, corporations, governmental authorities, issuers, arrangers, underwriters, project sponsors and private equity participants in a range of sectors.

We routinely advise on acquisition finance, project and other structured finance transactions, privatisation, rescheduling and corporate restructuring, asset finance, and debt capital market transactions.

Our firm regularly acts on a variety of Islamic finance structures and transactions, working closely with specialist boards and scholars. We have also been involved in groundbreaking public private partnerships (PPPs) and a range of fund structures.

We have been involved in all of the UAE’s water, power and sewage infrastructure projects and advise lenders, sponsors and government entities in this respect in addition to having advised major real estate developers and banks in financing a range of real estate and hospitality projects.

We maintain excellent working relationships with global law firms in the US, UK, Europe, and the Far East, and as a result we participate in many cross-border transactions that have an impact in the UAE. We are often the first choice UAE law firm for issuance of UAE legal opinions to foreign lenders and as a result we are regularly involved in the most high-profile financings in the region.

We work with a range of international banks with regional headquarters or branches in the UAE. Our work with international banks is varied and can relate to strategic advisory, operational or project-related transactions.

Hadef & Partners is on the panel of lawyers for many international and regional banks.

In addition, we remain at the forefront of financial services regulation and the drafting of new laws, including preparation of the laws. We have drafted numerous Federal and Emirate-specific laws and treaties, as well as a range of project-specific decrees for establishing corporate entities or for implementing projects.

A substantial component of our expertise lies in our knowledge of the UAE market, its practices, procedures and the workings of UAE regulatory bodies such as the Central Bank, Federal Ministries, DFSA, DIFC, ESCA, local governmental authorities and other agencies.

COMMERCIAL

We have a broad practice encompassing a range of commercial contracts and joint ventures, together with specialisation in agency, distribution, franchising, sale of goods and services, governmental procurement and other forms of contractual structure.

Our lawyers have experience in a range of sectors, including: energy, utilities, financial services, real estate, retail, education, health, pharmaceutical, construction, transportation, hospitality, tourism, manufacturing, technology, telecommunications, sports and media.

The breadth of knowledge gained from our experience enables us to provide well-informed and practical advice, addressing international requirements and standards, together with a thorough understanding of the specific laws, regulations, practices and customs of the UAE.

Strong commercial focus and deep local knowledge distinguishes Hadef & Partners. Many of our lawyers have practical industry experience and understand nuances inherent in key industry sectors in our region.

Because we understand that commercial outcomes require integrated legal solutions, we work with our colleagues in our Employment, Dispute Resolution, Banking & Finance, Financial Services and Real Estate teams as part of a total response to our clients' needs.

CORPORATE

All aspects of corporate, financial, banking, regulatory and general transactional work are covered by our team including inward investment, mergers and acquisitions, private equity and venture capital, corporate structuring and restructuring, joint ventures, corporate reorganizations and initial public offerings. We strive to maintain our focus on our clients’ overall commercial objectives in structuring and negotiating transactions. We operate at the highest standards of quality and responsiveness at all times, which underpins the value which we seek to add.

We are regarded as having a deep understanding of our region's business and legal environment. Our international and regional clients gain the benefit of our long-standing presence in the UAE, which corresponds to a wealth of knowledge and contacts in relation to the structuring and conduct of business.

A large part of our corporate offering consists of the provision of legal advice in relation to the formation of companies, establishment of branch and representative offices, and related agency and sponsorship arrangements, both inside and outside the UAE's free zones and special economic areas. The firm has acted in the establishment of the majority of premier public and private joint stock companies in the UAE.

Managing for successful outcomes is our strength. Whether completing a groundbreaking public equities offering or setting up a business in a free zone, our 35 years of experience in the UAE ensures our clients receive a well-rounded and considered service.

We have led the industry on numerous matters such as playing an instrumental role in establishing the legal framework governing private placements and IPO prospectus preparation in the UAE. Indeed, our lawyers pioneered Western-style IPOs in the UAE, and have advised on more IPOs in Abu Dhabi and Dubai than any other law firm. On many occasions, we have assisted in the creation of procedures and standards used by governmental authorities.

DATA PROTECTION

Hadef & Partners provides advice on the scope and application of data protection and privacy across a broad range of sectors and maintains close contacts with regulatory authorities.

Our data protection and privacy practice specialises in the legal, regulatory and commercial aspects of data protection and privacy, in both ‘onshore’ United Arab Emirates (UAE) and the Dubai International Financial Centre (DIFC).

We advise our clients on data protection and privacy requirements, compliance, how to adopt effective risk management strategies, practical protective measures, policies and procedures.

We advise on the use, processing, and transfer of personal data and sensitive personal data through various forums, such as via electronic communications, physical transfers, filing systems, the media, and other technology or software.

We assist our clients at all stages of their businesses and through all aspects of the data cycle, from day to day operations and functioning, to workplace procedures, internal and staff policies, commercial and corporate transactions, projects, marketing strategies, and where a dispute arises.   

Our clients range from international corporations, to SME’s, public sector organisations and individuals.

Our data protection lawyers have backgrounds in commercial, employment, corporate, regulatory and financial services. Firm wide, our lawyers have experience in almost every sector, including: retail, hospitality, F&B, energy, utilities, financial services, education, health, construction, transportation, real estate, tourism, manufacturing, technology and media and advertising. 

We work with our colleagues, in our Commercial, Employment, Banking & Finance, Financial Services & Regulatory, and Dispute Resolution teams, as part of a total response to our clients' needs. 

The breadth of knowledge gained from our experience enables us to provide well informed and practical advice, addressing international requirements and standards, while addressing specific laws, regulations, practices and market customs of the UAE and DIFC. 

DISPUTE RESOLUTION

Hadef & Partners has a large and market-leading dispute resolution practice. We have extensive experience of UAE, regional and multi-jurisdictional litigation and arbitration, as well as other forms of alternative dispute resolution and associated work such as investigation and evidence collection.

Our team of Arab and Western lawyers is headed by senior litigators with judicial and commercial backgrounds, and is well known for adopting a practical and commercially-aware approach to disputes.

To the extent that a negotiated outcome cannot be achieved, our experienced litigators are able to represent clients in the appropriate forums outlined below:

UAE litigation
Our court advocates have extensive experience in UAE litigation. Our advocates have full rights of audience before the various UAE courts and tribunals.

DIFC Courts
Our registered DIFC practitioners are well-versed in the rules and regulations of the DIFC courts. The firm is a member of the DIFC Court Users Committee.

Arbitration
Our lawyers have extensive experience in domestic and international arbitration. We represent a broad range of clients in various UAE court appointed, ad hoc, DIAC, Dubai Municipality, ADCCI, DIFC-LCIA, LMAA, ICC, UNCITRAL, GAFTA and FOSFA arbitrations.

We have worked on many of the most significant and high-profile commercial litigation cases heard before the UAE and DIFC courts, and we act on complex, high value arbitrations. Our experience spans all industry sectors.

EMPLOYMENT

Our dedicated Employment practice has gained a widespread reputation for providing practical, current advice and well-structured documentation.

We offer a range of legal services for international and regional employers in all sectors and for the entire life cycle of the employment relationship. We advise on immigration and residency rules; Ministry of Labour compliance; staff benefits and incentive schemes; redundancy and termination management; end of service gratuity settlements; drafting and remodelling of service contracts and all other kinds of employment contract documentation.

The team also works with our colleagues in our Corporate and M&A teams, on the employment aspects of business registrations, business transfers and restructuring. In addition, we provide support to our Dispute Resolution colleagues when employment matters become contentious.

Our client base includes both local and international companies in most sectors: banking and finance, insurance, building contracting, manufacturing, government procurement, information technology, real estate, leisure and tourism, and transportation. We are also the UAE law firm of choice for many leading law firms in the US, UK, Europe and the Asia Pacific region.

The importance of specialist employment advice
 

Our mission is to deliver a specialist legal service, tailored to clients' commercial objectives, HR strategies and culture.

Employees are a valuable asset of any business. Satisfied and productive employees are a key ingredient to business success. However effective HR management cannot be achieved without legal guidance. Not only must clients' business comply with existing employment law obligations, but they need to be aware of future legislation and its likely impact on the management of various aspects of their employment relationships.

Issues such as staff turnover, changes in remuneration and benefit structures, staff transfers in acquisition transactions and redundancies must be handled as effectively as possible from an HR perspective, and measures need to be taken to control the effects of any such developments.

Clients should balance the need to attract high quality applicants, against the reasonable expectations of existing staff. At the same time, we never forget that the objective of business activity is to make a profit. This means that the interests of company owners, as well as those on the payroll, are equally our concern.

Employer – employee relationship cycle

The relationship between employer and employee can be viewed as having a lifecycle, with a beginning, a middle and an end. It is helpful to view the employment relationship in this way, within the context of UAE immigration and employment law. Under existing rules, there are important formalities to be addressed, as well as statutory compliance and governmental policy constraints to be considered, throughout the employment period of every staff member. We assist clients at each stage of the employment lifecycle to ensure that they successfully navigate the UAE employment landscape.

The Employment team does not operate in isolation. Hadef is a full-service commercial law firm. Often our clients require us to work alongside other practice areas, for example our Banking, Corporate, Financial Services or Real Estate teams and, to the extent that a business faces legal challenges with an employee or a regulatory authority, we are there to assist in conjunction with our renowned Dispute Resolution practice.

INSURANCE

Insurance law and regulation continues to grow in importance both in the international and UAE context. We regularly advise on insurance considerations in support of other practice areas, particularly in the maritime, transport and aviation sectors, but also in banking and finance, engineering and construction, financial services, projects and energy, and real estate.

We also work closely with our Islamic finance practitioners to assist clients to achieve their desired risk allocation and risk management strategies and to structure Islamically-compliant products. Many of our lawyers have practised insurance law in other jurisdictions.

Our particular relevant experience includes advising on all forms of marine (hull and machinery, and protection and indemnity) and aviation underwriting issues, as well as broking and reinsurance, general compliance and regulatory, anti-money laundering, and insurance portfolio transfer issues.

INTELLECTUAL PROPERTY

Our intellectual property practice specialises in contentious and non-contentious intellectual property matters, advising clients on the legal, regulatory and commercial aspects of intellectual property.

We advise on the protection and use of intellectual property across a broad range of sectors in the UAE. 

We actively help our clients achieve their commercial aims, advising on effective intellectual property and brand preservation, protective measures, and providing suggestions for practical solutions.   

From the earliest stages, we act to protect the intellectual property rights and interests of our local and international clients. We consider how best to preserve intellectual property rights, as well as how best to enable the practical use and effective commercialisation of intellectual property, whether in franchise arrangements, distribution matters, through other third party licensing arrangements or brand development. 

We also advise clients on matters of their online profile, including e-commerce, which is a rapidly developing area within the region’s market. We see an increasing demand for advice on such matters which often involve the use of intellectual property.

Whether new to the region, expanding your business presence online, or entering into new commercial arrangements in the UAE, we provide bespoke intellectual property advisory services to structure commercial arrangements at the preliminary stages and place your business strategically to best realise the potential in the value of your intellectual property rights. 

Should a potential infringement or dispute arise, we have considerable expertise in enforcing rights against counterfeiters and copiers of well-known brands, as well as experience in enforcement proceedings with the relevant ministries/government departments and the UAE civil and criminal courts. With one of the largest dispute resolution teams in the UAE, with rights of audience before the UAE courts, as well as the DIFC Courts, we present our clients with the full spectrum of options should a dispute arise.

Our intellectual property lawyers have backgrounds in commercial, dispute resolution, corporate, and regulatory. Firm wide, our lawyers have experience in almost every sector, including: retail, hospitality, F&B, energy, utilities, financial services, education, health, construction, transportation, real estate, tourism, manufacturing, technology and media and advertising. 

We work with our colleagues, in our commercial, dispute resolution, and regulatory teams as part of a total response to our clients' needs. 

The breadth of knowledge gained from our experience enables us to provide well informed and practical advice, addressing international requirements and standards, while addressing specific laws, regulations, practices and market customs of the UAE. 

REAL ESTATE

The real estate sector represents a significant element of the UAE economy. Hadef & Partners is regarded as a market leader in all aspects of property law, with expertise in the entire range of property sectors, including tourism, leisure, utilities, energy, infrastructure, dispute resolution, development and industrial matters.

Our Real Estate team advises on the entire real estate life cycle, including project and corporate structuring, land and real estate acquisition, asset management, disposals and leasing. We have advised on projects with a combined value in excess of AED80 billion and our real estate lawyers have more than 45 years of combined UAE-specific experience between them.

We act for regional and international developers, investors, contractors, financial institutions, investment funds, operators, retailers, landlords, tenants and governmental entities.

Our team is regularly involved in the establishment of mixed-use developments, industrial projects and strata structures. We also have extensive experience in major projects, infrastructure and commercial developments, including retail, leisure, residential and office developments.

We maintain close working relationships with governmental authorities and the primary developers of the region, enabling us to provide advice with valuable local knowledge and insight into existing and planned real estate laws, regulations and practices.

We also have considerable experience in a broad range of real estate disputes, working alongside our market-leading dispute resolution practice, which has rights of audience in the UAE courts and a team dedicated to arbitration proceedings in UAE arbitration centres, as well as specialist rent committee advisors. We are well-versed in the practical impact of federal laws as well as local laws affecting real estate matters across all of the Emirates of the UAE.