Mutual Waiver Of Claims for United Arab Emirates

Mutual Waiver Of Claims Template for United Arab Emirates

A comprehensive legal document governed by UAE law that enables two or more parties to mutually release and waive claims against each other. This agreement is structured in compliance with the UAE Civil Code (Federal Law No. 5 of 1985) and incorporates Islamic Shariah principles where applicable. The document outlines the scope of claims being waived, includes necessary representations and warranties, and provides mechanisms for enforcement under UAE jurisdiction. It serves as a binding settlement tool that helps parties avoid potential litigation and achieve final resolution of disputes or potential claims.

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What is a Mutual Waiver Of Claims?

The Mutual Waiver of Claims agreement is a critical legal instrument used in the United Arab Emirates when parties wish to formally release each other from existing or potential claims. This document is particularly valuable in situations involving dispute settlements, project completions, business relationship terminations, or employment separations. It must comply with UAE Civil Code (Federal Law No. 5 of 1985) requirements and is typically used when parties want to achieve a clean break and prevent future litigation. The agreement includes detailed descriptions of the claims being waived, any excluded claims, and necessary representations about the parties' authority to enter into such arrangements. It's essential for risk management and dispute resolution strategies in various business contexts within the UAE jurisdiction.

What sections should be included in a Mutual Waiver Of Claims?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details if corporate entities

2. Background: Context of the relationship between the parties and the circumstances leading to the mutual waiver

3. Definitions: Key terms used in the agreement, including definition of 'Claims' and scope of waiver

4. Mutual Waiver and Release: Core provision detailing the mutual waiver of claims, including scope and extent of claims being waived

5. Representations and Warranties: Statements by each party regarding their authority to enter into the waiver and ownership of the claims being waived

6. Consideration: Statement of consideration being provided by each party (usually the mutual promises to waive claims)

7. No Admission of Liability: Statement that the waiver does not constitute admission of liability by either party

8. Governing Law and Jurisdiction: Specification of UAE law as governing law and designation of competent courts

9. Execution: Signature blocks and execution formalities compliant with UAE requirements

What sections are optional to include in a Mutual Waiver Of Claims?

1. Confidentiality: Required when parties wish to keep the existence and terms of the waiver confidential

2. Surviving Claims: Needed when certain claims or rights are specifically excluded from the waiver

3. Future Cooperation: Include when parties need to specify ongoing obligations or cooperation requirements

4. Tax Implications: Required when the waiver has significant tax implications that need to be addressed

5. Insurance: Include when insurance policies or rights need to be addressed

6. Dispute Resolution: Alternative dispute resolution provisions if parties prefer arbitration or mediation

7. Third Party Rights: Required when the waiver affects rights of third parties or group companies

8. Language: Required when dual language versions are needed, specifying which version prevails

What schedules should be included in a Mutual Waiver Of Claims?

1. Schedule 1 - Waived Claims: Detailed list and description of all claims being waived by each party

2. Schedule 2 - Excluded Claims: List of any claims specifically excluded from the waiver

3. Schedule 3 - Related Agreements: List of any related agreements affected by or relevant to the waiver

4. Schedule 4 - Corporate Authorizations: Copies of corporate authorizations and powers of attorney if required

5. Appendix A - Supporting Documents: Any relevant supporting documents or evidence related to the waived claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Construction

Real Estate

Financial Services

Insurance

Manufacturing

Technology

Healthcare

Professional Services

Energy and Resources

Retail and Consumer

Transportation and Logistics

Telecommunications

Relevant Teams

Legal

Risk Management

Compliance

Human Resources

Executive Leadership

Finance

Operations

Commercial

Business Development

Claims

Corporate Governance

Relevant Roles

Legal Counsel

Chief Legal Officer

Risk Manager

Compliance Officer

Contract Manager

Project Manager

Human Resources Director

Chief Executive Officer

Chief Financial Officer

Operations Director

Commercial Director

Business Development Manager

Claims Manager

Settlement Officer

Corporate Secretary

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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