Significant reforms to the UAE Commercial Agency Law
31 January 2023
Nikita is a Senior Associate in the Dispute Resolution Group and has been working in Clyde & Co’s Dubai office since she joined in December 2014.
Direct Lines
+971 4 384 4615 +971 56 418 6082 Nikita.patel@clydeco.aeMain Office
Dubai
+ 971 4 384 4000 + 971 4 384 4004Regions covered
Full Profile
Nikita is a Senior Associate in the Dispute Resolution Group and has been working in Clyde & Co’s Dubai office since she joined in December 2014. She is an English qualified lawyer and her particular expertise includes:
- real estate disputes
- hotel management and hospitality disputes;
- automotive disputes;
- commercial agency, distributor and franchise disputes (acting for both foreign principals and locally based agents/ distributors);
- commercial arbitrations, including institutional and ad-hoc arbitration proceedings; and
- court proceedings in the UAE (including DIFC Courts) and other foreign jurisdictions.
Nikita has extensive experience in complex, high value local and international arbitrations, which include those administered by the DIAC, DIFC-LCIA, LCIA and the ICC. Nikita also advises clients in relation to proceedings in the UAE Courts (including the DIFC Courts).
Nikita has been recognised as a leading individual in the hospitality sector in Who’s Who Legal Hospitality for years 2020 and 2021.
Experience
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General
- Advising and acting for an insurance claims administrator in connection with a claim for unlawful termination by an insurer before the DIFC Courts.
- Advising and acting for an Indian rice manufacturer in connection with a claim against an Indian bank relating to a facility agreement.
- Acting for a high net worth individual in a shareholder’s dispute being administered by the ICC concerning business assets worth in excess of USD250m.
- Acting for a shareholder in DIFC-LCIA arbitration proceedings against another shareholder of a joint venture company regarding breach of contract.
- Acting for a Dubai based logistics company in two parallel arbitration proceedings in unpaid invoice and breach of exclusivity claims valued at USD150m.
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Commercial agency disputes
- Advising and acting for a prominent UAE based family business as agent in proceedings commenced by a foreign principal in the retail sector before the UAE Commercial Agencies Committee.
- Advising and acting for multinational companies in commercial agency, distribution and franchise disputes in the UAE and in other GCC countries.
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Automotive
- Acting for a luxury car manufacturer in DIFC-LCIA arbitration proceedings in connection with the termination of an import agreement subject to English law where the claim advanced against the luxury car manufacturer by its importer based in Pakistan was in excess of USD20m.
- Advising a luxury German car manufacturer in connection with the termination of import agreements in various jurisdictions across the MENA region.
- Advising a Japanese car manufacturer in connection with the termination of various supplier agreements.
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Hospitality
- Acting for a hotel operator in DIFC-LCIA arbitration proceedings in connection with the unlawful termination of a hotel management agreement relating to a hotel in Bahrain seeking recovery of losses in excess of USD30m.
- Advising and acting for a luxury Asian 5* operator in connection with foreclosure proceedings commenced against an owner by a UAE mortgage provider as a result of significant mortgage default.
- Advising hotel owners and operators regarding the termination of hotel management agreements and appropriate de-flagging procedures as well as termination of supplier agreements.
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Real Estate
- Acting for a Chinese multinational petroleum company in DIAC arbitration proceedings against a large well know property Master Developer in the UAE concerning eight commercial units that were smaller in size than contracted for under a sale and purchase agreement.
- Acting for an investor in DIAC arbitration proceedings seeking recovery of c.USD50m for failure by a property developer to pay investment amounts owed pursuant to an investment agreement.
- Acting for a large property developer in DIAC arbitration proceedings commenced by a well-known property developer in Dubai concerning a claim for misrepresentation.
- Acting for commercial landlords in the DIFC seeking eviction of commercial tenants in the DIFC.
- Advising various commercial landlords and tenants in connection with proceedings before the UAE Rent Committees.