IFLR 1000
The Guide to the World's Leading Financial Law Firms

United Arab Emirates

Legal market overview Printer-friendly version

Financial and corporate

Banking and project finance

Capital markets

Mergers and acquisitions

When Dubai World's $25 billion collapse was averted courtesy of some substantial restructuring, the emirates most cumbersome issue in its debt mound was resolved and the hope is it can stave off another year of negative growth.

Prior to any resolution, the Gulf state was stuttering. Going back to early 2010, with the possibility of huge potential defaults looming, issuers and banks underwent a substantial period of consolidation and review, looking at their commercial paper and debt instruments and calculating to what extent they were exposed. This cautiousness correlated in the types of mandates capital market practices received. One lawyer explains: "There were consent solicitations, restructurings that were consistent with the overall view of the market that was; let's have a look at what we've got. Is it credit worthy? Can we get rid of it? Does the issuer need more time? Does the borrower need more time?"

Yet, even prior to Dubai World's final sign-off with its creditors in March 2011, things had begun to stabilise and with issuers less hesitant the debt markets were the chief beneficiary. "We've witnessed a pick-up in new issuances and extension to new issuances that are about to mature," says one lawyer. One issue, which lawyers felt bodes well for the future of the regional markets, was property giant Emaar's successful placing of a $500 million convertible bond. "I'm actually quite excited about convertibles, its quite an attractive tool to raise money for companies when they perhaps otherwise wouldn't," explains one capital markets lawyer.

Regional unrest has, however, stunted the debt markets resurgence by deterring issuers and investors. "It had started thawing out probably in the last half of 2010," says one lawyer. "It's gone in to shock again now because they're still waiting. A lot of the deals that people did in 2010 were in markets like Egypt, which is now looking in-flux, and that spilled over in to a lack of confidence in the regional market, which we're still experiencing. We're not expecting 2011 to be a particularly busy year for transactions generally in the market." Ironically the UAE will almost certainly indirectly prosper from the unrest in the region in the long-term as direct investment from Egypt, Bahrain, Libya and Syria will be diverted in to what is widely regarded as the region's most developed and politically stable country.

Activity on the equity side is yet to resurface with investor appetite in the region at a low ebb. "The equity market has been very quiet there have been some transactions but unfortunately very few have come to market. We've acted on several deals that have been pulled just before pricing," says one partner. The notable exception was Dubai Telecom's $272 million rights issue in June 2010, which was the first in the country for five years. But any expectations for the equity market engendered by the deals success were deflated when Axiom Telecom pulled its IPO in the same period after tepid interest from Middle Eastern institutions.

One area that has continued unabated is restructuring and refinancing. Now a prominent fixture in Dubai, post crisis, all banking and financing lawyers have found themselves overwhelmed with work. "We would have to say that restructuring is the area that has kept us busiest over the last 12 month," says one lawyer.

"If you look back a year there was just restructuring beginning to take off. We had the Dubai World deal, this time last year, since then we've picked up Dubai Group, Dubai International Capital, Limitless, Global has closed in Kuwait, Nakheel and Dry Docks, which is part of Dubai World, Dubai Aerospace and Enterprise, Amlac, a mortgage provider. So there's just lot that just keeps coming in and we've got real momentum on that side of it," says another partner, who said the firm experienced a 15% increase in profits on the previous year on the back of these transactions.

At the peak of the crisis, when Dubai's fate seemed sealed, the issue of insolvency was raised. Now the market has progressed, contingency plans in the form of legislation are being considered should the economy decline again. When it would be implemented, in a country that moves notoriously slowly on new legislation, was not even speculated on. "It's hugely complex, if you think an insolvency law touches on so many other laws and a judicial system; you need buy-in from an awful lot of people before you can actually get an agreed document," says one partner.

New lending is still down with very few banks having the requisite liquidity. "Relatively few banks are actually lending because very few have got any money. It's the like of Standard Chartered and HSBC the banks that have had a long term presence here but the new guys are struggling." Credit is still available to those with well-established relationships and a strong credit history, but even then the banks remain cautious. "There's a certain amount of new money but it's heavily structured. In the old days they would have handed out $100 million without any questions. Now it's pawed over, covenants asked for, lot's of security. Even for smaller deals everything is being thrown into the kitchen sink." Another agrees: "In terms of borrowers it tends to be those that have good relationships with the banks. The banks are doing their due diligence a lot more and not just throwing money at name lending institutions," says another lawyer. Lawyers do note that the syndicated market and trade financing is becoming more common but again restricted to particular banks.

Deals with conventional and Islamic tranches, which tap liquidity of all funding sources, have become commonplace. "Multi-currency, Islamic/conventional, a bit more structured so as law firm you have to be able to do the Islamic bit, you have to be able to do the conventional, so they are becoming, particularly large orders, more structured," remarks one Islamic finance partner.

At its most active since the crisis, project finance has been filling the void left by the absence in lending. Multibillion deals are also resurfacing in the region, with the $14 billion Jubail Oil Refinery in Saudi the most substantial. "We've seen the jumbo projects coming back to the market and by virtue of those jumbo projects the sponsors need to tap in to as many different funding sources as possible," says one lawyer. Another agrees and elucidates further: "It's taking much longer now because you've got an Islamic tranche, we'll have PCAs, people are scratching around for liquidity. You tend to get a large number of finance providers as well. People are generally, having to get a combination of different loans rather than just one."

In 2010 the mid market M&A was hit hardest by the ramifications of the crisis with acquisition finance having dried up and banks preoccupied with more pressing matters. "I think Abu Dhabi was distracted with how much it would cost them to bail out Dubai and also I think there were a lot of infrastructure projects that have taken up resources," explains one M&A practice head. The big ticket outbound M&A deals, where the parties had no need for leverage, were less affected but similarly this market was subdued.

There is a consensus that private equity work is more prevalent: "We think it's coming back again with a vengeance," says one partner. In the corporate arena, firms envisage this will provide a reliable deal-flow in the coming 12 months. Another agrees: "We are on what we think are the first two leveraged private equity deals in the Dubai market at the moment."

Commentators forecast a good year in Dubai for 2011, with many noticing an uptick on a meagre 2010 with more surety about the health of the economy. "It's been surprisingly busy. I think most external commentators expected things to be quiet, particularly since the political unrest came about. But whilst we've seen deals put on hold, certain deals being in effect cancelled, others continue to see the region as being ripe for investment," says one partner.

Afridi & Angell

Ranked among the top four local firms in UAE by competitors, Afridi & Angell is led by managing partner Amjad Ali Khan.In finance work Khan advised the United Bank on a $25 million syndicated quasi-project finance ijarah (credit leasing) which was used to fund the expansion of a power plant at Hadramount in Yemen.... [more]

Al Tamimi & Company

Reffered to as the "best local firm" in the UAE by several competitors, Al Tamimi & Company is led by the market recommended Husam Hourani, who one peer calls an "excellent lawyer with plenty of experience".The firm has a significant regional presence with practices across the Middle East and although it regularly collaborates with international firms it is also has extensive experince in leading on deals.... [more]

Allen & Overy

Established in the region for more than 30 years, Allen & Overy surpasses most of its competitors in terms of longevity and experience. Peers view it as one of the firms to beat, with one lawyer remarking: "We view them as our principal competition across all the areas.... [more]

Leading lawyers
Bimal Desai
Khalid Garousha
Duncan Macnab
Anzal Mohammed
Simon Roderick

Other notable - Baker & McKenzie

Baker & McKenzie's UAE offering has been active on corporate matters in the last 12 months. Partner Tom Thraya has taken the lead on a number of the firm's mandates.... [more]

Clifford Chance

Ranked in the top tier in all categories, Clifford Chance has deep roots and excellent links across the Gulf, with an abundance of market recommended lawyers to compliment its standing. On the corporate side Mike Taylor is considered a valuable asset: "He is very capable and technically a very good lawyer," observes one rival.... [more]

Leading lawyers
Robin Abraham
Peter Avery
Qudeer Latif
Guy Norman

Freshfields Bruckhaus Deringer

Freshfields Bruckhaus Deringer's practice has a distinctly smaller offering than it's magic circle counterparts in the UAE, but its size is deemed commensurate with it's approach, as one lawyer observes: "They have quite a different strategy because their energy is on three/four clients at most." This approach perhaps explains why competitors question the firm's visibility.... [more]

Leading lawyers
Pervez Akhtar
Patrick Ko

Other notable - Gibson Dunn & Crutcher

Gibson Dunn & Crutcher's UAE offering grew in January 2011 with the hire of partner Chézard Ameer from Ashust. The Los Angeles-based firm specialises in advising private equity clients and has acted for the Carlyle Group, Gulf Capital Investcorp Bank and the Kuwait Investment Authority in the last 12 months.... [more]

Other notable - Habib Al Mulla & Company

Habib Al Mulla & Company is a well-respected competitor among the local candidates in UAE. "We've done two deals with them and actually they've impressed us," remarks one peer from a international firm.... [more]

Hadef & Partners

Hadef & Partners is the preferred choice of local practice for a number of international firms in the region and has operations in Abu Dhabi and Dubai.The firm has expanded its partnership in the last 12 months making up Barton Hoggard in the corporate team and Valeria Lysenko and James Farn in the banking and finance department.... [more]

Leading lawyers
Alan Rodgers

Herbert Smith

Competitors note the Herbert Smith has grown in prominence in the UAE market especially in banking and project finance where the firm joins the fourth tier. On the project finance side, head of the firm's Middle East finance and global head of Islamic finance, Nadim Khan, is leading a team advising the arrangers – Citigroup Global Markets, Dubai Islamic Bank, Emirates NBD, Commercial Bank – of the $800 million Salik Toll Collection System financing for the Roads and Transport Authority (RTA) of Dubai and the Department of Finance of Dubai.... [more]

Hogan Lovells

According to the market and the firm's deal list, Hogan Lovells is benefiting on the M&A side from its own merger. A series of favourable recommendations from piers sees the combined US and UK offering join the third tier.... [more]

Other notable - KBH Kaanuun

Boutique firm KBH Kaanuun has offices in Dubai, Kuwait and Bahrain is led by Kahsiff Basit In November 2010, acting for the promoter, Basit advised on securing a $10 million Islamic Finance murabaha (deferred sale) facility from a leading Qatari investment bank. On the projects side the firm as local counsel to a consortium bidding for $30 million post-office and telecoms infrastructure projects in Kuwait In corporate work the firm is acting for the minority partner in connection with a proposed joint venture with a global independent oil trader in the MENA (Middle East North Africa) region.... [more]

Latham & Watkins

The market is in unanimous accord that Latham & Watkins has amassed market share in the last 12 months. According to clients, who concur that the firm have grown in prominence in the region, it is the quality of the firm's lawyers and their personable approach that has increased its popularity.... [more]

Linklaters

In early 2011 competitors were quick to point to the fact Linklaters only had an office in Dubai, as one remarked: "Links, who I regard very highly, are just in Dubai. I think that was actually a massive screw up on their part.... [more]

Leading lawyers
Ewan Cameron
Scott Campbell
James Martin
Sarosh Mewawalla

Norton Rose

Norton Rose has been hit by a veritable exodus of partners from across its practice in the UAE. In September 2011: the much praised Anthony Pallet joined Latham & Watkins; regional managing partner Campbell Steedman, a Dubai-based corporate partner, was poached by White & Case; and, Abu Dhabi-based projects partners Dominic Harvey and Jonathan Brufal left for Vinson & Elkins.... [more]

Shearman & Sterling

When discussing Sherman & Sterling, competitors continually raise the issue of the firm never opening in Dubai and point to this as its major failing. But as one lawyer observes the firm is one of the oldest in the country: "They've got a long history here.... [more]

Leading lawyers
Iain Elder
Iain Goalen

Simmons & Simmons

Competitors recommend Simmons & Simmons for its Islamic finance work and the firm has attained roles in mandates, which support its reputation. As part of property developer Nakheel's sukuk (Islamic bond) which forms part of Dubai-based company's restructuring, joint financial markets practice head, Natalie Boyd, is advising the managers Deutsche Bank.... [more]

Vinson & Elkins

"They don't have a big office here but what they do is quality work," remarks one peer of Vinson & Elkins' UAE offering.Creighton Smith, Ayman Khaleq and Kamar Jaffer led the firm in representing the NBK Capital-GSC Mezzanine Fund in financing of up to $20 million in Metito Utilities, a Dubai-based developer of water and wastewater projects in the Middle East, North Africa and Asia.... [more]

Other notable - Wong Partnership

The Singapore-based Wong Partnership's four-partner UAE offering is run by Paul Sandosham, the firm's joint head of the Middle East. In the banking and finance sector, the firm acted for Deutsche Bank in its $150 million financing for the TS China Fund II SRL, a collaboration between the Abu Dhabi Investment Authority, the Government of Singapore Investment Corporation and TS China Holdco set up to invest in properties in Shanghai.... [more]

See also

United Arab Emirates
Middle East

Practice areas

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