Success Stories

Nullity of The Real Estate’s Sale Purchase Agreements for Not Being Registered in DLD

All actions on off-plan sold property units  shall be registered in the initial property registrar. Sale and all other legal actions that transfer or restrict ownership and any right based thereon  shall be deemed null and void unless registered with the DLD registrar. ‍ FACTS On 30 December 2015, our client entered  into a Sale […]

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Timing to File an Arbitration Case is Not Deemed a Binding Precedent

M&A was retained to represent the purchaser of a real estate property (“Claimant/Client”) in relation to a dispute against a Dubai based renowned real estate developer (“Developer/Respondent”) Facts The Claimant and the Respondent had entered into a Sale and Purchase Agreement (“SPA”) for the purchase of a unit located on Al Marjan Island in Ras

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Ratification of a DIAC Award for a Fundamental Breach Overruled

Motei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the Dubai Courts in relation to the ratification of an arbitral award issued by the Dubai International Arbitration Centre (DIAC). Appeal Court’s Rationale An arbitrator is under an obligation to give the parties

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A Property Investor in Dubai May Withhold Payment of Due Installments

A recent judgment issued by the Dubai courts has confirmed a property investor’s right to refrain from making any further due installments to a developer who is in breach of his contractual obligations. Facts The Claimant (investor) has signed a Unit Reservation Form with the Defendant (developer) for the purchase of a property for AED

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Court of Appeal Overrules the Ratification of a DIAC Award

Motei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the Dubai Courts in relation to the ratification of an arbitral award issued by the Dubai International Arbitration Centre (DIAC). Appeal Court’s rationale An arbitrator is under an obligation to give the parties

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Lack of Electricity: A “Force Majeure” to Stop the Project?

The fact that a government authority has refrained from supplying electricity to a project under construction, doesn’t constitute an event of “Force Majeure” for exempting the developer from their contractual obligations, as long as the authority’s action is not the direct cause for delaying the completion of the project. Facts On or about 2007, a

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