Conflict Waiver Template for the United Arab Emirates

A Conflict Waiver is a fundamental document in United Arab Emirates legal practice that allows law firms to continue representation when conflicts of interest arise. Under Federal Law No. 23 of 1991 and the Charter of Ethics and Professional Conduct for Legal Profession in the UAE, you must obtain informed written consent from all affected clients before proceeding with potentially conflicted representation.

When do you need this document?

You need a Conflict Waiver when your law firm represents multiple clients whose interests may compete or conflict. This commonly occurs in corporate transactions where you represent both buyer and seller, in joint ventures involving multiple parties, or when representing companies and their individual directors simultaneously. The document is also required when your firm has previously represented an opposing party in an unrelated matter, or when you discover potential conflicts after engagement has begun. In the UAE's interconnected business environment, conflicts frequently arise in real estate developments, banking transactions, and family business restructuring where multiple related entities require legal representation.

Key legal considerations

Your Conflict Waiver must include comprehensive disclosure of the actual or potential conflict, explaining how each client's interests may be affected. You must clearly outline the risks of continued representation, including potential limitations on your ability to advocate zealously for each client. The document should specify any information barriers or safeguards your firm will implement to protect confidential information. You must ensure that each client understands they have the right to seek independent counsel and that the waiver can be revoked. The scope of the waiver should be clearly defined, specifying whether it covers only the current matter or extends to future related issues. Additionally, you must confirm that the representation is not prohibited by law and that you reasonably believe you can provide competent representation to all affected clients.

Legal requirements in United Arab Emirates

Under UAE Federal Law No. 23 of 1991 and the Legal Profession Law, you must ensure your Conflict Waiver meets strict professional conduct standards. The document must demonstrate informed consent through detailed explanations written in language your clients can understand. You must comply with emirate-specific regulations, including Dubai Legal Affairs Department Advocacy Law requirements when practicing in Dubai. For matters involving DIFC or ADGM jurisdictions, additional conflict rules may apply. The waiver must be signed by all affected clients and retained in your firm's records. UAE Civil Transactions Law principles of good faith and full disclosure govern the validity of conflict waivers, requiring complete transparency about potential risks and limitations. You should also consider whether the conflict involves government entities or regulatory authorities, as special rules may apply to such representations under UAE administrative law.