Case Study 1: Shareholder Deadlock in a Family Owned LLC

A prominent family owned LLC experienced a governance deadlock after disagreements over expansion financing, dividend distribution, and the appointment of a new managing director. One shareholder attempted to unilaterally alter signing authority and freeze company accounts, prompting an immediate legal challenge.

Legal Issues

  • Validity of board and partner resolutions.
  • Authority of the general manager under the Commercial Companies Law.
  • Injunctions preventing unauthorised operational interference.
  • Assessment of fiduciary duties among partners.

Outcome

The court issued interim relief restoring corporate authority to prevent operational disruption. A subsequent court appointed expert reviewed financials and governance practices, ultimately leading to a negotiated buyout and re structured governance framework.

Key Lessons

  • Clear governance documentation is essential for preventing and resolving family business disputes.
  • Injunctions are a powerful tool to stabilise the company during litigation.
  • Expert appointments often shape negotiations and final settlements.

Case Study 2: Breach of a High Value Distribution Agreement

A multinational supplier terminated a UAE distributor for alleged non performance, triggering claims for wrongful termination, compensation for customer investments, and infringement of UAE Commercial Agencies Law.

Legal Issues

  • Whether the contract qualified as a registered commercial agency.
  • Termination validity and statutory protections for agents.
  • Compensation for loss of profit and goodwill.
  • Jurisdiction between UAE courts and contractual arbitration provisions.

Outcome

Because the agreement was not registered with the Ministry of Economy, it did not qualify as a statutory commercial agency. The arbitration clause was upheld, and the tribunal awarded limited compensation based on contractual performance metrics.

Key Lessons

  • Registration determines whether UAE Commercial Agencies Law applies.
  • Arbitration clauses are generally respected when drafted clearly.
  • Evidence of actual performance drives compensation outcomes.

Case Study 3: Joint Venture Collapse Over Financing Obligations

Two international companies formed a UAE joint venture to pursue a major infrastructure project. Disputes arose when one party failed to meet capital call obligations, delaying project execution and triggering claims of breach and misrepresentation.

Legal Issues

  • Enforceability of capital call provisions.
  • Impact of project delay on contractual penalties.
  • Cross claims for misrepresentation and reliance damages.
  • Arbitration enforcement across multiple jurisdictions.

Outcome

The arbitral tribunal ruled that capital calls were clear and enforceable. The breaching party was held liable for delay penalties and required to inject outstanding capital. Settlement was reached during enforcement proceedings to avoid reputational exposure.

Key Lessons

  • Capital call mechanisms must be explicit and operationally workable.
  • Delay penalties are enforceable when linked to quantifiable loss.
  • Cross border enforcement considerations influence settlement strategy.

Case Study 4: Fraud and Misappropriation Within a Subsidiary

A UAE subsidiary of a global enterprise discovered financial irregularities involving senior local management, including diversion of funds and unauthorised related party transactions.

Legal Issues

  • Emergency court orders for asset freezing.
  • Internal investigations and evidence preservation.
  • Civil and criminal parallel proceedings.
  • Claims for breach of fiduciary duty and restitution.

Outcome

The company obtained freezing injunctions in both the UAE and a foreign jurisdiction where assets were held. Simultaneous civil and criminal actions resulted in asset recovery, termination of the implicated individuals, and implementation of new controls.

Key Lessons

  • Immediate injunctive relief is crucial in fraud cases.
  • Parallel civil and criminal strategies produce stronger outcomes.
  • Internal controls and audits are essential for early detection.

Case Study 5: Construction Sector Payment Dispute

A contractor engaged in a major UAE project faced delays due to design changes and supply chain issues. The employer withheld payment and imposed liquidated damages, leading to a complex multi party dispute involving subcontractors and consultants.

Legal Issues

  • Interpretation of extension of time provisions.
  • Validity of liquidated damages.
  • Chain liability between contractor, subcontractors, and consultants.
  • Expert evidence on delay analysis and quantum.

Outcome

An independent delay expert appointed by the tribunal found that delays were largely attributable to employer initiated changes. Liquidated damages were reduced significantly, and the contractor was awarded partial compensation for prolongation costs.

Key Lessons

  • Expert evidence is decisive in construction disputes.
  • Contract amendments and variations must be documented carefully.
  • Prolongation claims require strong contemporaneous records.

Case Study 6: Termination of a Senior Executive and Post Employment Restrictions

A regional CEO was terminated for cause and subsequently joined a competitor, prompting litigation over non compete, confidentiality, and breach of fiduciary duty provisions.

Legal Issues

  • Enforceability of non compete clauses under UAE law.
  • Trade secret and confidentiality protections.
  • Compensation claims linked to alleged breaches.
  • Interaction between labour law and commercial claims.

Outcome

The court upheld the confidentiality obligations but narrowed the scope of the non compete clause based on geographic and temporal limitations. Damages were awarded for misuse of confidential materials.

Key Lessons

  • Non compete clauses must be reasonable to be enforceable.
  • Confidentiality breaches often carry stronger remedies than non compete violations.
  • Employment and commercial claims may proceed in parallel.

Conclusion

These case study patterns highlight how UAE corporate disputes are resolved through a combination of contractual interpretation, expert evidence, urgent interim measures, and strategic negotiation. Businesses operating in the UAE must prioritise clear governance, strong documentation, enforceable dispute clauses, and proactive legal strategy to mitigate risk and achieve favourable outcomes when conflicts arise.

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