Let’s begin
with the question.

It depends on the parties, the contract and where the business is located. Onshore matters generally go to the federal or emirate courts (including the Dubai Courts and the Abu Dhabi Judicial Department). The DIFC Courts and ADGM Courts hear matters connected with their financial centres and, in many cases, matters the parties have agreed in writing to bring before them. An arbitration agreement can take a dispute out of the courts altogether.

Both are financial free zones with their own common-law-based legal systems, independent courts and financial regulators — the DFSA in the DIFC (Dubai) and the FSRA in ADGM (Abu Dhabi). In ADGM, English common law applies directly; the DIFC has its own body of laws drafted largely on common-law principles. The right choice depends on the activity, the regulator and the commercial setting.

It depends on where the business will trade, who its customers are and which activities it will carry on. Free-zone entities can usually be wholly foreign-owned but are generally limited in trading directly onshore; a mainland company can trade across the UAE subject to its licence. We look at the operating model before recommending a structure.

Often, yes — particularly in commercial contracts, and especially where the DIFC, ADGM or arbitration is chosen. Some matters, such as certain real estate, employment and public-policy issues, remain subject to mandatory UAE rules regardless of the parties’ choice. The clause should be tested against where enforcement will eventually take place.

Cross-border questions are routed across the TRW network — Dhaka, London, Singapore, China and Europe — and, where needed, coordinated with local counsel within professional-responsibility limits.

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