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Hamdan Al Shamsi Lawyers & Legal Consultants (HAS)

Membership Category

Corporate Membership Up to Five

Membership No.

0412

Commission

Arbitration and ADR

Company Profile

Established in 2011, Hamdan Al Shamsi Lawyers & Legal Consultants (HAS) is a full-fledged law firm based in Dubai - the economic heart of the UAE. We provide bespoke legal services by combining broad international expertise with in-depth local knowledge.

 

Through the vision and dedication of our founder, Hamdan Al Shamsi, HAS established itself as one of the leading Emirati firms. Our cross-border experience and diverse team of local, US and English- qualified lawyers consistently deliver results for our clients.

 

Throughout the years, we have adapted, expanded, and paved the path for our diverse range of legal experience and clientele.

 

Together we go further. To ensure that our service aligns with the best international practice, we collaborate with some of the world’s most respected and well-established banks and businesses, from start-up visionaries to governmental entities.

 

One of our main goals is to build trust and transparency with our clients. We believe becoming familiar with the team will ensure a secure relationship as your legal guardian. Our representation in the UAE includes a comprehensive  range  of  services  from litigation  in   the  Dubai  Courts  to  negotiations  of commercial  transactions  and  even  DIFC representation.

 

With HAS, you also have access to a network of law firms around the world including: The USA, UK, France, Italy, Germany, Saudi Arabia, Oman, Kuwait, Bahrain, Jordan, Lebanon, China, Israel, India  and Australia.

 

Area of Expertise

We bring the best of the Firm’s global experience, practice experience and industry knowledge to our clients and provide guidance and representation before the UAE courts and DIFC/ ADGM.

 

We are well versed in every aspect of commercial, distribution and corporate action according to local, regional and UAE law. Our skilled corporate lawyers advise public and private companies, government entities, and other institutions on almost every type of transaction or corporate matter.

 

Sectors

Agency & Franchising Information Technology Banking & Finance Insurance Real Estate & Construction Immigration. Maritime & Shipping Family Office Wills & Inheritance Financial Institution Fintech. Oil & Gas Pharmaceutical Mining & Metals Media Consumer Product

 

Practice

Mergers & Acquisitions Insolvency & Bankruptcy Agency & Franchising Intellectual Property Corporate Governance Employment (Labour) Information Technology Insurance. Immigration Contract law Tax Technology Transaction Regulatory and Compliance Private Clients & Estate Planning Islamic Finance. International Trade FDI International Arbitration Data Privacy & Cybersecurity Commercial Litigation Pro Bono.

 

DIFC department oversees all dispute resolution cases falling under the DIFC and ADGM jurisdiction. The firm gained international recognition through landmark cases flawlessly handled by our legal team. This team is dedicated to representing our clients and advising them on all the above- mentioned matters when they are subject to the jurisdiction of Dubai International Financial Center, Abu Dhabi Global Markets, Common Law countries (including the UK), or have an international or cross- border element.

Our litigation department is praised to have set several precedents that are admired by our peers and clients with the following area of expertise.

 

       Commercial & Civil Law Disputes within the UAE local or federal courts

       Arbitration in the UAE (non- common law, in Arabic)

       Family Law

       Inheritance Law

       Criminal Law

 

The HAS Approach

Our experience in relation to litigation, commercial & dispute resolution is extensive.  The team’s goal is to understand the objectives of the client and thereafter discuss how to achieve the best possible outcome. We analyze each scenario and the consequences it may bring in order to be a step ahead in every situation.

 

We ensure flexibility when dealing with our clients to provide the most cost-effective service, while meeting the client’s needs and desires. Our primary goal is to work hand in hand with our clients and act in their best interest providing honest and transparent legal advice.

 

Our approach is articulated around 4 pillars that are the foundation of this firm:

 

Transparency:  we make it our main requirement to be fully transparent with our clients and partners. We do this by always providing accurate legal advise and involving our client at every step of the case.

 

Innovation: as a feedback data driven firm we make sure to implement the latest technology into the firm’s workflow process to ensure smooth operation and optimize our efficiency.

 

Empathy: we relate to our clients and listen carefully to their story. Being a boutique law firm our clients are part of the team and have privileged access to the legal team assigned to their case.

 

Relationship:  the main goal is to build a long lasting relationship based around honesty and transparency. We always act in the best interest of our clients and anticipate their needs. Our clients’ success determines our own.

 

Our Social Responsibility

 

Our corporate responsibility allows us to enact positive change that’s why we have launched our pro bono program to make sure that we impact the world for the better. We want to give the opportunities to fight social injustice mainly targeting low income employees that are deprived of their financial rights. Our team of lawyers and legal consultant give local support, in circumstances where they would not ordinarily have access to such facilities.

 

Robert Whitehead is one of our DIFC accepted pro bono lawyer.

Represented by:

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Robert Whitehead

Partner and Head of DIFC

An International Dispute Resolution Specialist with Experience Handling A Wide Range of High-Value Commercial Disputes through Arbitration, Litigation and Alternative Dispute Resolution.

Employment History & Relevant Experience

Robert has a broad commercial and financial dispute practice, with specialist focus in agreements arising out of property, infrastructure, finance, banking and shareholder disputes, as well as wider fraud.

He practised at Clyde & Co LLP in England in claims before the Commercial Court and Chancery Division of the High Court and Court of Appeal where he handled large loss claims for international blue-chip clients from a variety of commercial industries in complex, multi-party and cross-jurisdictional disputes.

He has substantial international experience before arbitral tribunals and in the courts of offshore jurisdictions, in particular, the Dubai International Financial Centre Courts (“DIFC Courts”). Robert’s work involves issues as to applicable law, jurisdiction and cross border enforcement including handling multi-jurisdiction enforcement of judgments and arbitral awards.

He regularly represents clients in arbitrations governed by various institutional rules including DIAC, DIFC-LCIA and ICC and has represented several high-profile individuals in the region in high-value employment disputes.

Core Experience and Recent Cases

Dubai International Financial Centre Courts (Dubai)

·       Acting for a leading financial services entity in a claim for USD 90 million based on fraud allegations made in DIFC proceedings relating to equity commitment letters filed in support of a “go private” bid to acquire a global internet gaming company, Amaya Inc: KBC Aldini Capital Ltd v. (1) David Baazov (2) Canaccord Genuity Corp [2017] DIFC CFI 002 (14 October 2018)

·       Acting for the liquidators of various DIFC and US companies in successfully resisting a jurisdiction challenge brought by a Swiss bank in resisting claims by the liquidators to have certain pledges made by fraudulent directors declared invalid: (1) Orion Holdings Overseas Ltd (2) Orion Global Financial Services LLC (3) Orion Capital Ltd v (1) Mohammed Abdel Khaleq Mohammad (2) Nidal Abdel Khaleq Mohammad (3) Privatbank Ihag Zurich AG [2015] DIFC CFI 033 (8 February 2018)

·       Acting and advising a former Managing Director following a DIFC Court judgment that was secured in the Court of First Instance in respect of the Article 18 penalty provision under the DIFC Employment Law (CFI-015-2014 Asif Hakim Adil -v- Frontline Development Partners Limited).

·       Advising an international businessman regarding the existence of a lease of two units named LP5 and LP6 within Limestone House, DIFC: Vegie Bar LLC v Emirates National Bank of Dubai Properties Pjsc [2016] DIFC CFI 009

·       Acting for the Claimants’ seeking to Re-Amend its Particulars of Claim pursuant to Rule 18.2(2) of the DIFC Courts (Ilyas Gaffar Saboowaka v (1) Soman Kuniyath Kunjunni Nair (2) Mini Soman Thoruvil Veluthedrath (3) RAG Foodstuff Trading LLC – CFI-037-2017)

·       Acting for the Defendants in an application for the hearing of a preliminary issue in respect of the applicability of Article 40(2) of the Law of Damages and Remedies (DIFC Law No. 7 of 2005) to the case and a challenge to the jurisdiction of the DIFC Courts to hear and determine the claimant’s claim for damages for breach of contract (Tavira Securities Limited v (1) Re Point Ventures FZCO (2) Jai Narain Gupta (3) Mayank Kumar (4) Saroj Gupta – CFI-026-2017)

Commercial Court and Chancery Division Cases (England and Wales)

·       Representing an international businessman in claims for defamation, trespass, and nuisance in separate multi-track claims before the Vice Chancellor in the Technology and Construction Courts.

·       Advising a Fortune 500 multinational corporate conglomerate in a complex multi-party claim against an electrical contractor.

Other Courts

·       Acting for a UK supply generator company in a claim for breach of contract for failure to supply generator sets to Kenyan Farmers in the High Court of Kenya

These examples include work that Robert has carried out at other law firms

Sectors

 

>Commercial Litigation

>Arbitration

>Banking & Financial Services

>Property Disputes

>Employment & Pensions Disputes

>Maritime Disputes

>Intellectual Property Disputes

>Construction & Contractual Disputes

>Professional Negligence

>Civil Fraud

>Regulatory and Investigations

>Shareholder Disputes

>Banking & Finance Disputes

>Corporate & Commercial Disputes

>Media & Sports Disputes

 

Academic Qualifications

 

>LLB Hons. degree in Law, Durham University, 2.1 degree class – 2008

>Legal Practice Course, York College of Law – 2009 

 

Membership 

> Registered as a Legal Practitioner, DIFC Courts – 2017

> Registered as a Legal Practitioner, Dubai Legal Affairs Department – 2017

> Member of the Law Society of England and Wales – 2012

> Admitted as a Solicitor of the Senior Courts of England and Wales – 2012

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Rachel Mannam

Associate

Lawyer with over five years of experience in the United Arab Emirates, in dispute resolution before the DIFC Courts, ADGM Courts and various arbitral tribunals, such as the DIAC and LCIA and regulatory authorities such as the DFSA.

PRACTICE OVERVIEW

Rachel Mannam is an India-qualified lawyer who joined the HAS team as an Associate Lawyer within the DIFC and Arbitration department.

 Rachel’s dispute resolution experience of over six years in Delhi, India and over five years in Dubai, United Arab Emirates, has enabled her to successfully complete various types of cases over a broad spectrum of disciplines such as Banking and Finance, Construction, Intellectual Property, Real Estate and Employment. Her cross-border experience has enabled her to effectively adapt to the procedures and workings of different local and international courts and tribunals.

She believes in achieving the best results for her clients in the most practical and cost-effective manner.

AREAS OF EXPERTISE

·       Banking and Finance

·       Commercial and Corporate Litigation

·       Employment

·       Real Estate

·       Construction

CORE EXPERIENCE & RECENT CASES

·       Strategized a cost-effective and practical claim for a group of investors against their respective asset managers for breach of the Dubai Financial Services Authority (DFSA) Regulations and for mis-selling financial products.

·       Achieved the settlement of a claim of a contractor against the project manager, prior to a case being filed before the Dubai International Arbitration Centre (DIAC)

·       Defended a claim filed by the contractor against the project manager for prolongation costs before the DIFC Cours, which was successfully settled by the parties.

·       Successfully recovered the outstanding fees pursuant to a cooperation agreement between a local UAE company and a Saudi Arabian company before the DIFC Courts.

·       Successfully defended an employer against a claim filed by a DIFC employee for gratuity, leave and other benefits.

 

Academic Qualifications

>2012 University of Pune, India, Bachelors in Socio-Legal Studies and Bachelor of Law (B.S.L, L.L.B)

Membership

> 2012 Admitted as an Advocate of Bar Council of India and State Bar Council of Delhi

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Fahad Khalid

Junior Associate

Fahad is currently a Junior Associate in the DIFC & International Arbitration department and graduated with a degree in Bachelor of Laws with International Relations from Middlesex University, Dubai.

 

Fahad has experience in assisting the DIFC & International Arbitration department in various dispute resolution matters involving arbitration and litigation in the courts of offshore jurisdictions.

 

Employment History & Relevant Experience

Fahad is currently a Junior Associate in the DIFC & International Arbitration department and has been with HAS Law Firm since March 2021, where he initially started his journey as an intern at HAS Law Firm, assisting the Partners and Senior Associates in the Corporate and the DIFC & International Arbitration department, in various non-contentious and contentious matters.

 Fahad has been residing in the United Arab Emirates for the past seven years, during which time he completed his GCE A-Level studies in Dubai and afterwards completed his Bachelor of Laws with International Relations degree from Middlesex University, Dubai in 2020. Prior to joining HAS Law Firm, Fahad interned at another prestigious law firm in Dubai.

 Fahad possesses extensive skills in carrying out legal research, understanding client requirements, providing assistance in pre-action letters of claim and pleadings, preparing bundles and notes, providing assistance in drafting agreements, understanding the UAE and Freezone laws, liaising with clients, strategizing, reviewing various agreements, legal memorandums and other such documents for a variety of industries.

 Fahad has experience in assisting the DIFC & International Arbitration department in various civil and commercial disputes pertaining to employment, real estate, intellectual property, maritime, debt recovery, insolvency, white-collar crime regulatory, banking and finance, insurance, construction, and shipping logistics.

 Fahad has also assisted the DIFC & International Arbitration department in various disputes concerning the above areas, that have taken place before the Dubai International Financial Centre Courts (“DIFC Courts”) and the Financial Markets Tribunal (“FMT”) as well as arbitral tribunals involving international ad-hoc and institutional arbitration proceedings taking before the London Court of International Arbitration (“LCIA”), the Dubai International Arbitration Centre (“DIAC”) and the ICC International Court of Arbitration (“ICC”). 

Areas of Expertise

·       Employment Disputes

·       Real Estate Disputes

·       Intellectual Property Disputes

·       Maritime Disputes

·       Debt Recovery Disputes

·       Insolvency Disputes

·       White-collar crime and Regulatory Disputes

·       Banking and Finance Disputes

·       Insurance Disputes

·       Construction Disputes

·       Shipping & Logistics Disputes

Core Experience & Recent Cases

·       Assisted in drafting agreements for employment, consultancy and supplier and distribution matters

·       Intellectual Property agreement drafting

Sectors

 

>Corporate Law

>Commercial Law

 

Academic Qualifications

 

>Middlesex University Bachelor of Laws – LLB Honours

>Law with International Relations –Upper Second Class Honours 2:1 (Merit)

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Jude Senanyake

Paralegal

Jude is a recent graduate from Middlesex University Dubai and have just finished my LLB Honours Law degree with a First class. He has successfully completed two internships prior to joining HAS Law Firm, one was at Afridi & Angell in 2020 and the second one was at DWF in 2021. Jude has also taken part in a couple of virtual insight schemes, the most recent one held by LinkLaters.

 

Further to this he has taken part in several moots as part of his studies and have also entered a virtual moot competition held by students from the University of Exeter. He intends to go further with his studies and qualifications by completing the SQE, as he is aspired to become a solicitor.

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Rayan Mastura Bagundang

Paralegal

Rayan is a Filipino National, who is able to speak in both English and Arabic. He is a graduate from Middlesex University Dubai, having finished his LLB Honors Law Degree. Rayan has successfully finished three internships prior to joining Hamdan Al Shamsi Law Firm. Rayan assists the DIFC & Arbitration team in various legal matters.

PRACTICE OVERVIEW

Rayan has completed internships in Saudi Arabia, namely in Sofana R. Dahlan from 2022-2023, where he assisted senior lawyers in legal research and amending contracts, in addition to assisting with a few translations works.

In 2022 he successfully finished his internship in Hammad & Al-Mehdar Law Firm. Here, he grasped on the functions of legal work, where he assisted the corporate department in legal research and contract amending and drafting.

He also had a brief internship with Al Suwaidi & Company, which was located in Dubai in 2020.

Due to his experience in these firms, Rayan has developed a good understanding of legal research and contract drafting and amending.

Rayan is a highly motivated and hardworking individual who always tackles his work with positivity.

Academic Qualifications

>2018-2022 – Middlesex University Dubai Bachelor of Law / LLB Honours Law