Documentation Depth
Facility agreements, security documents and side letters analysed together, since the decisive term is rarely in the main agreement.
Most conventional bank facilities in the UAE route disputes to the courts, because lenders want direct access to attachment and execution. Arbitration appears where the transaction is cross border, syndicated, structured or Islamic, and the parties need a neutral forum.
Dubai Legal Expert advises borrowers, guarantors, investors and financial institutions on banking and finance arbitration in the UAE, and on whether the dispute belongs in arbitration at all.
The finance disputes that reach arbitration typically involve syndicated and cross border lending, Islamic finance structures such as murabaha, ijara and sukuk, derivatives and hedging documentation, investment management agreements and structured facilities between parties in different jurisdictions.
The first task is almost always jurisdictional. Finance documentation frequently contains layered clauses giving the lender a choice of forum, and the wording determines whether the borrower can be compelled into arbitration or dragged into court.
Contact UsAdvice on asymmetric and optional clauses in finance documents and which forum will actually hear the dispute.
Claims over drawdown, default events, acceleration, interest calculation and enforcement of security.
Disputes under murabaha, ijara, mudaraba and sukuk structures, including profit and rental calculation arguments.
Disputes under swap and hedging documentation including close out valuation and termination amounts.
Claims involving guarantors, sponsors and security providers under cross border finance structures.
Facility agreements, security documents and side letters analysed together, since the decisive term is rarely in the main agreement.
Advice on asymmetric clauses that give the lender a choice, and how that choice affects the borrower position.
Familiarity with murabaha, ijara and sukuk mechanics and the arguments that arise over profit and rental components.
Recalculation of interest, profit, default charges and close out amounts against the contractual basis.
Analysis of guarantee scope, variations and releases, which frequently reduces or defeats the claim.
A private process that avoids the reputational damage a public default judgment creates for a business.
Finance documentation is drafted by lenders, and the dispute resolution clause is usually drafted in their favour. Asymmetric wording that lets the lender choose between arbitration and court, while binding the borrower to one route, is common and frequently misunderstood.
That analysis changes the strategy entirely. A borrower who understands the forum position early can negotiate from a realistic base, rather than discovering after a default notice that enforcement will proceed in the venue least convenient to them.
Establish the forum, test the numbers, then resolve or defend.
We examine the facility, security, guarantee and side documents to establish obligations and the dispute clause.
Advice on which forum applies, including the effect of asymmetric or optional clauses.
Interest, profit, default charges and close out calculations are recalculated against the contractual basis.
Where repayment or restructuring is the realistic outcome, terms are negotiated and documented.
Where arbitration applies, the claim or defence is commenced and pursued through submissions and hearing.
The award is ratified and enforced, or enforcement against your assets is resisted on the available grounds.
The clause analysis showed the lender had a choice of forum that we had never appreciated. It changed our entire negotiating approach.
The close out calculation under the hedging documents was wrong by a substantial margin. Once it was recalculated the claim reduced significantly.
Most conventional facility disputes go to the courts because lenders prefer direct access to execution. Arbitration is more common in cross border, syndicated, structured and Islamic finance transactions.
A clause giving one party, usually the lender, the option to choose between arbitration and court proceedings while binding the other party to a single route.
Yes, and arbitration is frequently chosen because tribunals can be appointed with the specific expertise these structures require.
Yes. Charges applied outside the contractual basis can be challenged, and a recalculation frequently reduces the amount claimed.
Not automatically. Enforcement of security often proceeds through separate court processes, so both tracks need to be managed together.
Yes, which is a significant advantage where a public default judgment would damage the borrower ability to obtain future facilities.
Send us the facility and security documents and we will advise on the forum and the exposure. The first consultation is free.
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