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Protecting your position in high-stakes commercial disputes — from ICC and DIAC arbitration through DIFC Courts litigation to cross-border judgment enforcement across civil law and common law jurisdictions.
When a multi-million dollar construction claim, a shareholder deadlock, a joint venture dispute or a contract termination escalates into formal proceedings, the outcome depends on two things: the strength of your legal position and the capability of the team presenting it. In cross-border disputes between Europe and the Middle East, the additional complexity of navigating different procedural systems, evidence rules, interim relief mechanisms and enforcement regimes makes experienced multi-jurisdictional representation essential.
GSDA Legal Consultants represents multinational corporates, sovereign entities, construction companies, financial institutions and high-net-worth individuals in complex commercial disputes across every major forum in our jurisdictions — ICC arbitration (Paris and Dubai seats), DIAC arbitration, LCIA arbitration, DIFC Courts, ADGM Courts, French courts (Tribunal de Commerce, Cour d'Appel, Cour de Cassation), UAE Federal Courts, Saudi Commercial Courts and the Board of Grievances. Our disputes practice is not a standalone function — it draws on the deep sector expertise of our construction, banking, energy, corporate and real estate practices to build cases that resonate with arbitrators and judges who understand the commercial context.
Our approach is strategic from day one. Before any proceedings are filed, we conduct a rigorous merits assessment, quantify exposure, map the enforcement landscape, and develop a dispute resolution strategy that considers not just the legal position but the commercial outcome the client actually needs. We pursue early settlement where it serves the client's interests and litigate aggressively where it does not. We have particular strength in construction arbitration (FIDIC claims, delay and disruption, quantum), shareholder and JV disputes, banking and finance litigation, and cross-border enforcement of judgments and arbitral awards.
With lawyers qualified across French, English, UAE and Saudi legal systems, we manage proceedings in Arabic, English and French — eliminating the interpretation layer that creates risk in multilingual disputes. Our bilingual advocacy capability is a significant advantage in DIFC Courts proceedings, UAE Federal Court litigation and ICC arbitrations where the tribunal, the documents and the witnesses may operate in different languages.
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The challenges you face
Companies that find themselves in the wrong dispute forum — UAE Federal Courts when the contract specified DIFC, or onshore litigation when the arbitration clause was defective — face procedural disadvantages, higher costs and unpredictable outcomes that could have been avoided with proper clause drafting.
Winning an arbitral award or court judgment is only half the battle. Enforcing it against assets in another jurisdiction — particularly across the civil law/common law divide between France, the UAE mainland, the DIFC and Saudi Arabia — requires specialist enforcement strategy that many firms cannot deliver.
Construction disputes worth tens or hundreds of millions are routinely under-recovered because the claimant's delay analysis, disruption quantification or loss-and-expense methodology fails to meet the evidentiary standards demanded by experienced arbitrators and ICC tribunals.
Joint venture and shareholder disputes in the GCC are often intractable because the underlying JVA or shareholders' agreement lacked proper deadlock resolution, buy-sell mechanisms or valuation procedures — forcing parties into expensive and uncertain litigation.
Companies facing urgent threats — asset dissipation, evidence destruction, ongoing breach of restrictive covenants — lose critical time because their advisors do not know how to obtain emergency arbitrator orders, DIFC freezing injunctions or UAE court attachment orders on compressed timelines.
Increasing cross-border enforcement cooperation between UAE, Saudi, French and international regulators means that compliance failures detected in one jurisdiction can trigger investigations in others — creating multi-front exposure that requires coordinated defence strategy.
We represent parties in institutional arbitrations under ICC, DIAC, LCIA and ad hoc rules — handling complex multi-party, multi-contract disputes with particular strength in construction, energy, JV and banking arbitrations. We advise on seat selection, tribunal constitution, document production strategy and advocacy before tribunals of three.
We litigate before the DIFC Courts and ADGM Courts — common law courts within the UAE offering English-language proceedings, disclosure, cross-examination and enforcement mechanisms modelled on English civil procedure. We handle commercial claims, enforcement actions, freezing orders and the conduit jurisdiction pathway for enforcing foreign judgments through the DIFC.
We represent clients before the Tribunal de Commerce, Tribunal Judiciaire, Cour d'Appel de Paris and Cour de Cassation in commercial disputes, shareholder litigation, construction claims and regulatory proceedings — with deep fluency in French civil procedure, the référé (interim relief) system and expert-witness (expertise judiciaire) procedures.
Working alongside our construction practice, we handle FIDIC-based claims for extensions of time, prolongation costs, disruption, acceleration, variations and defects — deploying delay analysts (critical path method, time impact analysis), quantum experts (AACE/RICS methodologies) and technical experts to build compelling cases before construction-specialist arbitrators.
We enforce foreign judgments and arbitral awards across our jurisdictions — using the New York Convention for arbitral awards, bilateral treaties for French judgments, the DIFC-Dubai enforcement protocol, and Riyadh Convention pathways for GCC enforcement. We trace assets, obtain attachment orders and coordinate multi-jurisdictional enforcement campaigns.
We obtain urgent interim measures — freezing orders, anti-suit injunctions, evidence preservation orders and emergency arbitrator relief — on compressed timelines across DIFC Courts, UAE Federal Courts and French référé proceedings. Our ability to file in multiple jurisdictions simultaneously provides maximum asset protection.
We handle deadlock disputes, minority oppression claims, breach of fiduciary duty actions, valuation disputes and forced buy-out proceedings for joint ventures and closely-held companies — applying the deadlock, drag-along and exit mechanisms in the governing agreements and, where these are absent, the statutory remedies under UAE or French corporate law.
Where the commercial outcome favours settlement, we deploy structured mediation — through CEDR, ICC Mediation, DIAC Mediation Centre or ad hoc processes — preparing clients with rigorous case assessment and negotiation strategy. Our early case assessment methodology has resolved disputes worth over USD 500 million without the cost and disruption of formal proceedings.
The UAE ratified the New York Convention in 2006, and UAE courts now regularly enforce foreign arbitral awards under Federal Law No. 6 of 2018. Enforcement applications are filed before the Court of Appeal, which can only refuse enforcement on limited grounds (invalidity of agreement, breach of due process, excess of jurisdiction, or conflict with UAE public order). Since the 2018 law, UAE courts have adopted a significantly more pro-enforcement stance. However, the 'public order' exception remains broadly interpreted. GSDA assists award creditors with enforcement applications and advises respondents on available defences.
DIAC (Dubai International Arbitration Centre) replaced the former DIAC and DIFC-LCIA centres following Decree No. 34 of 2021. Filing fees are calculated as a percentage of the amount in dispute, starting at AED 40,000 for claims under AED 500,000. Typical DIAC arbitration timelines range from 12 to 18 months from filing to final award for standard commercial disputes, though expedited procedures are available for lower-value claims. GSDA represents clients in DIAC arbitrations and advises on the comparative advantages of DIAC, ICC, and LCIA seats in the Gulf region.
Yes. The DIFC Courts have an established enforcement framework through the Judicial Authority Protocol and Dubai Court of Cassation decisions recognising mutual enforcement between DIFC Courts and Dubai Courts. The 'conduit jurisdiction' mechanism — where parties obtain a DIFC Court order and then enforce it through mainland courts — was curtailed by Cassation decisions but remains available in certain circumstances. DIFC Courts can also enforce directly against assets within the DIFC. GSDA advises on enforcement strategy, including selecting the optimal jurisdictional pathway for asset recovery.
Under Article 53 of Federal Law No. 6 of 2018, an annulment application must be filed within 30 days of notification of the award. Grounds include: no valid arbitration agreement, party was under legal incapacity, breach of due process (inadequate notice or inability to present case), tribunal exceeded its mandate, improper constitution, or the award conflicts with UAE public order or morality. UAE courts do not review the merits of the dispute. The annulment rate in the UAE remains relatively low, and courts have become increasingly reluctant to interfere with arbitral awards.
Under French law, the arbitration clause is autonomous from the main contract — meaning that even if the underlying contract is void, terminated, or non-existent, the arbitration clause remains valid and enforceable (Cour de Cassation, Gosset, 1963). This principle is codified in Article 1447 of the Code of Civil Procedure and is one of the most pro-arbitration doctrines in any legal system. It prevents parties from evading arbitration by challenging the validity of the main contract. GSDA relies on this principle when enforcing arbitration agreements in French-seated proceedings.
Mediation is not generally mandatory in the UAE, but certain courts and free zones have introduced pre-action mediation requirements. The DIFC Courts require parties to attempt mediation or another form of ADR before proceeding to trial (Practice Direction No. 2 of 2015). Dubai Courts have a Mediation and Conciliation Centre for civil and commercial disputes. Federal Decree-Law No. 6 of 2021 on Mediation in Civil and Commercial Disputes established a formal mediation framework, allowing court-annexed and private mediation. GSDA advises on mandatory mediation compliance and represents clients in mediation proceedings.
Under UAE Federal Arbitration Law Article 21, arbitral tribunals can order interim measures including asset preservation, evidence preservation, and orders maintaining the status quo. UAE courts can also grant interim relief in support of arbitration under Article 18. DIFC Courts have extensive interim relief powers including freezing orders, search orders, and anti-suit injunctions (modelled on English law). Emergency arbitrator procedures are available at DIAC and ICC for urgent pre-tribunal relief. GSDA advises on obtaining and enforcing interim measures in both arbitral and court proceedings.
In Gulf arbitration, tribunal-appointed and party-appointed experts are common in construction, valuation, and technical disputes. Most institutional rules (DIAC, ICC, LCIA) permit both types. The IBA Rules on the Taking of Evidence in International Arbitration (2020 revision) are widely adopted as procedural guidelines. Expert reports must comply with the expert's duty to the tribunal (not the appointing party) and are subject to cross-examination. Quantum experts typically follow RICS or AACE methodologies for construction claims. GSDA works with forensic accountants, delay analysts, and technical experts to present compelling expert evidence in Gulf arbitrations.
GSDA secured a USD 87 million ICC award in our favour on a construction dispute in the Gulf, then enforced it across two jurisdictions in under six months. From the initial merits assessment to final recovery, they executed a strategy that our previous counsel said was impossible.
CEO — International Construction Group, Paris Headquarters
The GSDA advantage
Multi-forum capability — we litigate and arbitrate before ICC, DIAC, LCIA, DIFC Courts, ADGM Courts, French courts, UAE Federal Courts, Saudi Commercial Courts and the Board of Grievances, choosing the forum that gives our clients the strongest procedural advantage.
Trilingual advocacy — our lawyers advocate in Arabic, English and French, eliminating the interpretation risk that undermines credibility in multilingual proceedings and ensuring nuance is preserved in witness examination and submissions.
Sector-integrated disputes — our dispute resolution lawyers work alongside our construction, banking, energy and corporate practices, meaning we understand the commercial and technical context of every case, not just the legal arguments.
Enforcement-first strategy — we plan enforcement from day one, selecting forums, structuring claims and obtaining interim relief with the end goal of collecting the judgment or award, not just winning it on paper.
Proven quantum track record — in construction and commercial arbitrations, our claims preparation and expert-witness coordination consistently delivers quantum recoveries that exceed industry averages, because we invest in the evidential foundation that tribunals require.
