‘offers strong service on a wide range of corporate and commercial law’ Chambers Global 2012

The surge in commercial activity in the UAE, particularly in Dubai and more recently Abu Dhabi has necessitated an increase in demand for proficiency and experience in documenting all transactions, be they commercial or otherwise.

Where hand shakes and gentlemen’s agreements were once the norm, exacting international standards in drafting are now required. The commercial team at Habib Al Mulla & Co. has responded to these demands and is specialized in drafting and negotiating different types of commercial contracts and agreements.

Clients can access and benefit from the extensive knowledge base found in the commercial team many of whom have experience in the following areas:

• Know how and trademark agreements;
• Licensing agreements;
• Software licensing agreements;
• Supply, distribution and sale of goods agreements;
• Franchising agreements;
• Movable property lease agreements;
• Joint venture agreements;
• Agency agreements;
• Consultancy agreements; and
• Hire agreements; 

All agreements are prepared in line with the highest international standards and crucially also take into consideration the various applicable local rules and regulations which maintain relevance.

The team also advises on intellectual property rights in the UAE, providing clients with advice on the protection of trademarks, copyrights and patents in accordance with applicable UAE law. Familiarity with the local law allows the team to prepare and submit applications for registration of intellectual property rights and if necessary the team is also well versed in the measures needed to enforce any such rights against infringement.

Recent population growth in the UAE has placed sizable demands upon local employment legislation. Our commercial team is responsible for advising on all aspects of employment law and will deal with any issues that you may encounter either as an employer or as an employee in the UAE. Our employment practice focuses on supporting clients´ strategic objectives in the management and organization of their workforce. Our team also offers an advisory service on the application of the various employment laws and the resolution of employment disputes before the Ministry of Labour & Social Affairs, UAE Courts and the Dubai International Financial Centre.

Services:

• Establish business in the UAE and elsewhere in the region
• Contract drafting and review
• Develop legal strategies for growing your business and managing local laws and regulations
• Our litigation and arbitration expertise ensures that our clients are protected when disputes arise

Our Experts

 

Douglas G. Smith

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Position:	Senior Legal Consultant
Contact:	douglas.smith@habibalmulla.com
Admitted:	1998, England and Wales,1998, Law Society of Hong Kong Solicitor; 1983, Law Society of Upper Canada Barrister and Solicitor
Education:	LL.B. Queen’s University, Kingston, Ontario Canada, 1981; B.A. (History, Politics) Queen’s University, Kingston, Ontario, Canada, 1978
Language(s):	English
Expertise:	Asset Finance / Securitisation Commercial Corporate Finance & Capital Markets Corporate Structuring & Restructuring Cross-Border Transactions Employment Law Infrastructure Projects Intellectual Property/Franchising Mergers & Acquisitions Investment Funds Private Equity Regulatory & Public law
Practice & Experience:	With over 25 years’ experience, Douglas’s main areas of practice include corporate law, M&A, private equity, equity-related securities offerings (including IPOs and secondary offerings), corporate restructurings, joint ventures and the drafting, negotiation and settlement of associated documentation and commercial agreements. He also advises on corporate governance and regulation within the UAE. Douglas has been involved in complex transactional work in numerous jurisdictions in the Middle East, North America and Europe, as well as in East and Southeast Asia, including China, Malaysia, Indonesia, Thailand, Singapore and India. Douglas is on the board of directors of numerous public and private companies and frequently speaks on corporate and commercial law. He is a former lecturer at Carlton University in Ottawa, Canada and at the University of Hong Kong as well as a guest lecturer at the City University of Hong Kong. Douglas holds an LLB from Queens University in Canada. He is admitted to the Bar of England and Wales, the Hong Kong Bar and the Canadian Bar.
Publications/Papers:	"The Use of Trusts for Asset Protection in the UAE,” In-House Lawyer, March 2010. "Commentary On The Dubai World Insolvency Code - Toward A Clearer Path,” Mondaq, January 2010. "International Stock Purchase Acquisitions: Summaries of International Law,” American Bar Association, 2007 Edition "China Commercial Contracts,” LegalStudio (4th Edition, 2005-6), Co-Editor and Contributor, Author Finance and Banking chapters "Proposed Changes to Companies Law,” International Financial Law Review, October, 2004 "The New Listing Rules,” International Financial Law Review, August, 2004 "Hong Kong Company Law Reform,” International Financial Law Review, April, 2004 "Due Diligence in Commercial Transactions,” Hong Kong Lawyer, October, 2000
Publications:	Commentary upon the Dubai World insolvency code by Douglas G. Smith and Shoeb Saher, MONDAQ, 16 December 2009 (151 KB )   Use of Trusts for Asset Protection in the UAE by Douglas G. Smith, The In-House Lawyer, April 2010 (1.256 KB ) "Foreign Ownership Restrictions: The Perspective From the Gulf”, International Bar Association Journal, August 2010
Speaking Engagements:	"The Legal Framework for M&A: strategies, pitfalls and the Legislative Landscape,” MEED Mergers and Acquisitions Summit, Abu Dhabi, UAE, December 2009 "Business Development in the Middle East Conference, Forming Alliances and Partnerships - the Indigenous Law Firm Perspective,” The Lawyer ?Dubai, UAE, April 2009 "Conducting Business in the Gulf,” China Law and Practice Hong Kong In-House Summit, Hong Kong, March 2009 "Centres of Islamic Finance panel,” Pacific Business Press, 2009 UAE In-House Counsel Forum, Moderator: Dubai, UAE, March 2009 "Conducting Due Diligence in Cross-border Transactions,” Lexis/Nexis Due Diligence in Commercial Transactions Conference, Hong Kong, March 2008 "Conducting Due Diligence in PRC Transactions ? Evaluating Your Partner or Target,” American Conference Institute Second National Symposium on Mergers and Acquisitions in China, New York City, NY, USA, December 2006 "Overview of PRC Commercial Law: Legislative and Practical Developments,” Alliance for Tax, Legal, and Accounting Seminars (ATLAS) Fourth Annual Summit on Legal and Financial Strategies for Doing Business in China, New York City, NY, USA, November 2006 "Drafting Letters of Intent and MOUs in China Transactions,” American Conference Institute, National Symposium on Mergers and Acquisitions in China, San Francisco, CA, USA, May 2005

 

Eliane Nassour

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Position:	Senior Counsel, Dubai
Contact:	eliane.nassour@habibalmulla.com
Admitted:	1998, Beirut Bar Association
Education:	LLB, La Sagesse University, Lebanon, 1997
Language(s):	English, Arabic, French
Expertise:	Commercial Corporate Structuring & Restructuring Employment Law Intellectual Property/Franchising Mergers & Acquisitions Supply & Distribution
Practice & Experience:	Eliane has more than 14 years‘ experience in corporate and commercial law in the Middle East and a sound understanding of UAE laws.  She is experienced in mergers and acquisitions, restructuring, reorganisation and joint ventures. Eliane also advises on company formation as well as all associated commercial contracts and associated compliance with UAE laws and regulations. She is also experienced in commercial agencies law and employment law. Eliane also specialises in legislative drafting and regulatory matters and has reviewed, drafted and commented upon existing UAE laws and proposed amendments at a Federal and Emirate level.  Eliane holds an LLB from La Sagesse University in Lebanon and is admitted to the Beirut Bar Association. She is fluent in English, Arabic and French.