Companies and individuals who have legal awareness are capable of drafting clear agreements and contracts for financial, contractual and commercial transactions between them and others. This aims at ensuring clarity of rights and obligations and determining the role and rights of each party to terminate the contract in case if the other party breached the contract. The contract and the agreement shall be drafted at the beginning of the dealing between the contracting parties. The parties work on drafting the contract after agreeing on its details. Each concerned party shall seek the necessary legal advice when drafting the agreement, as when some give up this right, it may cause harm later considering that the contract represents an agreement that shall be implemented as long as it is signed with free will and entails legal, financial and contractual obligations that may bring the contracting parties together before the court to determine their nature and failure of each party to fulfill the legal obligation imposed under the contract.

Sound drafting of legal contracts is characterized by specifically defining the subject of the contract between parties. Then, the drafting shall be concerned with specifically defining the obligations of each contracting party as well as regulating the fulfillment of legal obligations, contract implementation, its enforcement mechanisms, and its conditions. Therefore, the contracts deal with all the assumptions that may arise during the implementation of the contract, how individuals shall act in such assumed cases, who bears the risks and consequences of those situations and shall fix them, when the parties are exempted from their obligation to pay compensation, as well as the consequences in the case of non-implementation of the agreed works or payment of the financial payments on the specified dates, either by having financial fines for the delay in implementation or a legal interest on the delay in the payment of those amounts. The contract shall also specify the conditions of notifying, warning and avoidance of the contract, and whether it is possible to do so by individual will or if it requires a judicial ruling. When drafting a legal contract, the e-mail addresses of contracting parties should be included in the contract to ensure the completion of the judicial announcements and that warning are sent at the required speed when they are concerned with business dealings. The relevant jurisdiction of the dispute shall also be defined according to the nature of the business dealing, then it should be defined who is to pay fees, costs, as well as other conditions.

Mohamed Al Hajeri Advocates & Legal Consultants Law Firm advises companies and individuals to seek professional legal advice regarding contracts and agreements due to their binding nature. It is considered highly critical to understand those legal conditions and obligations and to examine the possibilities of fulfilling them in addition to know when the said contracts can be terminated in case of not being able to fulfill them and how to do so with causing the minimal damage. Contracts should be drafted so that they are not permanent nor have a legal loophole. Likewise, contracts and agreements should explain litigation conditions and whether they are arbitral or judicial and the litigation cost compared to the value of the contract, whether the litigation was local or regional. The professional law firm should also advise the client whether he/she has the ability to sue the other party outside UAE according to the jurisdiction and not just if such condition exists in the contract from a legal point of view. The professional attorney or legal consultant always works to associate the fulfillment of the client’s obligations with the fulfillment of the other party’s obligations to ensure fair implementation and to avoid non-fulfillment on part of the other party.

Mohamed Al Hajeri Advocates & Legal Consultants Law Firm provides drafting services for all types of civil and commercial contracts. In addition, we are fully capable of negotiating the terms of the said contracts as well as explaining the legal risks associated with contracts to the contracting parties. Such contracts include, but are not limited to: