Banking & Finance
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Publications

Bankruptcy in the UAE Laws and Procedures Download PDF	Banking and Security Law Download PDF	Islamic Finance -  A UAE Legal Perspective Download PDF	Taxation Law in the UAE  Download PDF

Articles

Are Client Assets safe in the DIFC? (June 2010)

“Client Assets” is defined in the Dubai Financial Services Authority (DFSA) rules, as “Client Money and Client Investments”.

DIFC’s New Representative Office Regime (April 2010)

Q&A with Mr Abdulla Mohammed Al Awar CEO, Dubai International Financial Centre Authority

Representative Offices (March 2010)

A comparison between UAE Central Bank Rep Office License and DFSA Regulated DIFC Rep Office License

New AML/CTF Rulebook 2010 in the Qatar Financial Centre (“QFC”) (March 2010)

Consultation on a new Anti-Money Laundering and Combating Terrorist Financing (“AML/CTF”) Rulebook closed on 17th January 2010 and the issue of a new single AML/CTF Rulebook by the Qatar Financial Services Regulatory Authority (“QFCRA”) is imminent.

New Representative Office regime in the DIFC (February 2010)

This article outlines the main features of the new DIFC regime for Representative Offices introduced on 3rd January 2010.

DIFC Funds – The Way Forward (February 2010)

In June 2009, the Dubai Financial Services Authority (‘DFSA’) established a Market Practitioners Panel (‘Panel’) to review the Dubai International Financial Centre’s (‘DIFC’) collective investment funds regime principally embodied in the DIFC Collective Investment Law of 2006 and the DFSA’s Collective Investment Rules.

How to prepare for a Risk Assessment On-site Visit: Tips for the SEO (January 2010)

As the Dubai Financial Services Authority (DFSA) ushers in a new era of more intrusive supervision in the DIFC, the on-site visit is proving to be one of its more frequently used supervisory tools.

Compliance with AML/CTF requirements in the DIFC: Back to basics (November 2009)

This article describes the high level legal and regulatory framework in relation to money laundering prevention in the DIFC including a definition of money laundering and the offences.

Bank Accounts for Foreign Entities (June 2009)

The Emirate of Dubai is one of the most attractive destinations in the Middle East and Asia for business people and wealthy individuals.

Banking Law Case Update (February 2009)

Declarations and Assignment of Debt Commercial Court Appeal no 217/2008.

Book Building - New Legislation by the Securities and Commodities Authority (January 2009)

Izabella Szadkowska takes a look at the Securities and Commodities Authority of the United Arab Emirates new legislation.

Setting Up of SPC in the DIFC (December 2008)

Since its inception in September 2004, the Dubai International Financial Centre (“DIFC”) has consistently focused on achieving its vision of “shaping tomorrow’s financial map as a global gateway for capital and investment”. It has set out various rules and regulations based on international best standards to attract investors around the globe to consider DIFC as their centre of choice for setting up their business entities and the structuring of their financial and commercial transactions in the region.

Banking Law Case Update (November 2008)

The Dubai Commercial Court of Cassation has made a distinction between commercial endorsements and civil endorsements.

Banking Law Case Update (October 2008)

The Court has held that Article 400(2) of the Commercial Transactions Law allows either the bank or the customer to close a current account at any time.

DFSA Crackdown (October 2008)

Although the Dubai Financial Services Authority ("DFSA"), the sole independent regulator of all financial and ancillary services conducted through the Dubai International Financial Centre ("DIFC"), actively encourage entities to set up in the DIFC, it is also a pro-active supervisor of entities, regulated by them and has wide powers of investigation and enforcement.

Pre-Registration and Mortgage Law: A Banking Perspective (September 2008)

Dubai's current real estate market is fast paced and booming. Competitive banks and financial institutions, domestic liquidity, and consumers ability to choose from a variety of new projects and financing methods all contribute to the unprecedented growth and success of the market.

Dubai Financial Market (June 2008)

The United Arab Emirates (UAE) has become the “place to be” in many respects including construction, banking and finance.

Sharia’a Compliant Financing in the Real Estate Sector (February 2008)

Islamic financing structures are based on the precepts of the Shari’a. Broadly speaking the Shari’a is the body of Islamic jurisprudence that regulates various aspects of life including politics, economics, succession etc.

Construction & Engineering
Publications    Articles   

Publications

Construction Law Download PDF

Articles

Corporate Commercial 
Publications    Articles   

Publications

Companies under the UAE Commercial Companies Law Download PDF	Establishing offshore companies in Jebel Ali   Download PDF	Inheritance Law in the UAE    Download PDF	International Agreements & Conventions UAE 1971-2004  Download PDF	Joint Ventures Theory & Practice in the UAE  Download PDF
Law of Tort in the UAE          Download PDF	Standardisation & Classification in the UAE    Download PDF	The GCC Economic Agreement & Customs Law Download PDF	UAE Immigration Law & Procedures  Download PDF

Articles

Dispute Resolution
Publications    Articles    Law Update Judgement

Publications

Arbitration: Theory & Practice in the UAE Download PDF	Dispute Resolution & Litigation in UAE Download PDF	The GCC Economic Agreement & Customs Law  Download PDF	The Arbitration Practice Download PDF	The Framework for Litigation in the UAE Download PDF

Articles

All About Arbitration The Draft Federal Arbitration Law (July 2010)

The role of arbitration has recently taken a new direction as a result of current challenges facing economies globally.

Question of Jurisdiction DIFC VS Dubai (July 2010)

Jurisdiction (from the Latin ius, iuris meaning “law” and dicere meaning “to speak”) is generally understood to be the practical authority granted to a formally constituted legal body (or to a political leader).

Jurisdiction (June 2010)

In the UAE, arbitration is regarded as an exceptional and special dispute forum whereby parties agree to resolve their disputes.

How Should One Treat A Power of Attorney? (May 2010)

A large amount of diverse and unique financial transactions  require quick process. This can be complicated by the inability of investors and asset owners to be in the same jurisdiction as their investments.

Testing the Boundaries of Jurisdiction in the DIFC Courts (May 2010)

With many of Dubai’s property investors still suffering the effects of the global economic crisis, December 2009 saw the filing of an ambitious claim in the DIFC Courts by Dr. Lothar Ludwig Hardt and Hardt Trading F.Z.E against DAMAC (DIFC) Company Limited and others.

Implementing Regulations of Federal Law No. 10-2008 On Medical Malpractice (February 2010)

The Cabinet has approved the implementing regulations of Federal Law No. 10 of 2008 on Medical Malpractice pursuant to a decision that was issued by HH Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai and published in the local press on 19th December 2009.

Dubai Establishes Special Tribunal to Decide Dubai World Disputes  (January 2010)

On 14th December 2009, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of UAE, Ruler of Dubai issued Decree No. 57 of 2009, “Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries” (the Decree).

The DIFC Courts : A New Decade, a New Era in Dispute Resolution in Dubai (January 2010)

Five years since their establishment, the Dubai International Financial Centre (DIFC) Courts have become a prominent feature of the legal landscape in Dubai.

The Bounce Stops Here (December 2009)

Dubai Establishes Judicial Committee to Resolve Bounced Cheque Cases in Real Estate Transactions

An Esteemed International Gathering (November 2009)

Dubai chosen to host IBA Conference 2011-The International Bar Association (IBA) has announced that Dubai has been selected for its 2011 Annual Conference - the first time in the IBA’s history that its Annual Conference would be held in the Middle East. The Conference is scheduled to take place from 30th  October to 4th November, 2011 at the Dubai World Trade Centre.

Specialised Media Courts Supporting Press Freedom in the UAE (August 2009)

Plans by Abu Dhabi to establish specialised courts to deal with media cases will support freedom of expression and contribute to development of journalism in the country, said a UAE official.

Cargo Insurance Policies (August 2009)
Cargo insurance can be made up of a floating policy or a policy that is valid for a single voyage.

The Proof is in the Signature  (August 2009)

A key element which must accompany any arbitral award is the signature of the arbitrator(s) who issued the award.

The DIFC Court of First Instance Gets Tough (March 2009)

Earlier this month in the DIFC Court, Sir Anthony Colman fines a witness AED500,000 for failing to attend Court for the second time in a row.

The Credit Crunch - The New Force Majeure? (February 2009)

The recent credit crunch or financial crisis has impacted severely on the cash flow and investments of individuals and companies on a global scale.

DIFC-LCIA Arbitration Centre (December 2008)

Essam Al Tamimi discusses the DIFC-LCIA Arbitration Centre and comments on concerns raised.

The Road Ahead - The Future of Arbitration in the UAE (November 2008)

Hassan Arab provides an overview of developments in Arbitration in the UAE and reviews what's in store.

Modern Arbitration - DIFC Arbitration Law 2008 (September 2008)

DIFC Arbitration Law 2008 Enters into Force and Replaces DIFC Arbitration Law 2004.

Notary Department lacks up-to-date laws (September 2008)

Comments from Hamed Hassan Al Aidaroos, the Notary Public at Al Najdah Street Notary Public Office affiliated to the Abu Dhabi Judicial Department on the changes to the Notary Public Department. 

Specialised Courts (September 2008)

The Dubai Courts recently announced the structure of Specialised Courts.

A Matter of Legal Principal (August 2008)

An attorney’s tardiness to file a lawsuit is a breach of professional honor.

Ignorance of Law Does Not Clear Criminal Intent (August 2008)

The Federal Supreme Court established a legal rule that ignorance or misunderstanding of the law does not clear the criminal intent, as all people should be aware of the law and understand its provisions correctly.

Law on Entry and Residence of Expatriates (August 2008)

Cabinet resolution no. 16 of 2008 and cabinet resolution no. 322 of 2008 amending the executive regulations of the law on entry and residence of foreign nationals came into force on Tuesday 29.07.2008 at all Dubai immigration ports.

Dubai Courts Implement Conciliation System in Labour Court (July 2008)

Dubai Courts recently adopted the conciliation departments system at various competent courts.

Dishonoured Cheques in Jebel Ali (July 2008)

The Chief of Dubai Police emphasised the importance of a Jebel Ali Police Station Jurisdiction area.

Realty Court in September (July 2008)

Ten Judge Court to deal exclusively with property cases in Dubai.

Severance Pay in UAE Labour Law (July 2008)

Djalila Behaz comments on a recent judgement passed in the UAE and reviews the legislation relating to the calculation and payment of severance pay under the UAE Labour Law.

Specialised Courts (June 2008)

Hassan Arab reviews the plans for establishment of six specialised courts in Dubai to assist in the reform of the judiciary in the Emirate.

Tortious Liability and Damages (June 2008)

In all cases of tort, damages are assessed on the basis of the loss which the aggrieved party has incurred and any gain they have foregone as a direct consequence of the tort.

Confidentiality & Privacy in Arbitration (May 2008)

Emma Van Son outlines the confidentiality of arbitral proceedings and how it is often taken to be one of the most important advantages of arbitration. Draft Arbitration Laws Published.

Arbitrator Nomination (May 2008)

Seminar on Litigation in the UAE and the Tenancy Laws of Dubai, Sharjah and Ajman.

Draft Arbitration Laws Published by Ministry of Economy and DIFC (March 2008)

If enacted, two draft arbitration laws released for consultation in February 2008 stand to put the UAE at the forefront of arbitration in the Middle East.

Directory of Websites of Arbitral Institutions (March 2008)

For your information and for ease of reference we have put together a list of websites of International Arbitration related organisations.

Litigation Seminar (March 2008)

Seminar on Litigation in the UAE and the Tenancy Laws of Dubai, Sharjah and Ajman.

Law Update Judgement

Dubai Court of Cassation

Dubai Court Of Cassation Judgment (July 2010)

The decision in this case explains how ‘fair remuneration’ should be assessed with respect to fees payable to a consulting engineer for design services (notwithstanding the fact that the consulting engineer failed to get the necessary Dubai Municipality approvals in order to proceed with the project) and the Court’s approach to assessing the claim.

The Limited Grounds for Challenging an Arbitration Award (july 2010)

In this case, the Claimant filed an application with the Court of First Instance to enforce an arbitration award issued under the auspices of the Abu Dhabi Commercial Conciliation and Arbitration Center (“ADCCAC”).

Employer Compensation (June 2010)

In ruling upon an action initially filed before the Dubai Court, the Court of Cassation held that an employer and an employee could not agree to increase the compensation to be paid by the employee to the employer upon an early termination of a contract which had been fixed for a definite period.

Infringing Patent Rights (June 2010)

A Patent is a right associated with any new invention resulting from a novel idea or novel improvement of an invention protected by a patent.

Electronic Emails as Evidence (May 2010)

In an action initially filed before Abu Dhabi Court, the Court of Cassation held that unless proven otherwise:

Public Welfare (May 2010)

In ruling upon an action initially filed before the Abu Dhabi Court, the Court of Cassation held that pursuant to a Fatwa issued from the Fatwa and Legislation Department, private establishments contributing to public welfare are deemed to be considered as private establishments and thus subject to private law; specifically, to Federal Law No.8 of 1980 (“Labor Law”).

Interim Real Estate Register (April 2010)

In an action initially filed before the Dubai Court, the Court of Cassation held that in accordance with Law no. 13 of 2008 the Dubai Land Property Department (DLPD) is the responsible authority for registering the Sale and Purchase Agreement (SPA) or any other transactions in the Interim Real Estate Register (IRER) within the 60 days period prescribed by the said law.

Letter of Credit (April 2010)

This case, in which Al Tamimi successfully represented the Claimant at all levels of the proceedings, is significant for the new legal precedent established by the Court of Cassation.

The Prescribed Process for Labour Disputes (March 2010)

The Appellant brought Abu Dhabi Administrative Action No. 1879-2007 (Full Bench) against the Respondents seeking a stay of enforcement and cancellation of an appealed decision requiring the Appellant’s retirement before the legal retirement age.

Registration of Transactions in the Interim Real Estate Register (March 2010)

In an action initially filed before the Dubai Court, the Court of Cassation held that in accordance with Law No. 7 of 2006, transactions related to off plan properties or properties that are still under construction cannot be registered directly in the Real Estate Register (“RER”) at the Dubai Land & Properties Department (“DLPD”).

Power of Attorney in Arbitration (March 2010)

In an action initially filed before Dubai Courts, the Court of Appeal cancelled the decision handed down by the Court of First Instance and dismissed the defendant’s claim due to the existence of an arbitration clause.

Public Service Undertakings (February 2010)

Summary of Decision- A public officer or person entrusted with a public service is:

Arbitration Award Formalities - Signatures (January 2010)

Judgment Summary :One of the essential requirements of an arbitration award is the signature, on the award, of the arbitrators who have issued the award.

Involving Interim Measures of Relief (January 2010)

Judgment Summary : The Court which has jurisdiction to hear the application for precautionary attachment of a vessel to secure the payment of a maritime debt is the court in which jurisdiction the defendant is domiciled, or the asset to be arrested is located.

Transport Transactions (January 2010)

Transactions related to sea and air transportation, including the building, sale, purchase, rent, utilization, repair or maintenance of ships and planes, shall be deemed as commercial transactions.

Arbitration Clauses in Insurance Policies (December 2009)

Three Claimants jointly insured their warehouses against fire and other risks under an insurance policy. A fire broke out at the insured warehouses resulting in damages totalling almost AED AED40,000,000.

Arbitration Awards (December 2009)

A person may seek recourse to arbitration on rights of which he has free disposal but not on matters that are strictly limited to the Courts.

Terminating a Contract (December 2009)

In a binding contract, each party must perform that which he is obliged to do under the contract.

Rights of Subrogation in Insurance Contracts (November 2009)

The principle of subrogation dictates that an arbitration clause in the main contract is transferable to the Insurer from the Insured even though the Insurer is not a party to that contract. 

Interest Rates on Bank Loans (November 2009)

There is nothing in the law that prevents banks from charging interest on loans even if the agreed interest rate exceeds the amount of the original loan.

Jurisdiction of the UAE Courts The Requirement of Domicile (November 2009)

According to Article 20 of the Civil Procedure Code, the Dubai Courts retain jurisdiction in proceedings brought against an alien defendant having domicile or a place of residence within their jurisdiction even if the contracts made with the defendant are for the investment of money on a foreign stock exchange.

Federal Personal Status Law (September/October 2009)

The Federal Personal Status Law (Law No 28 of 2005) shall apply to non-nationals (the parties to the claim) unless any of them insists on the application of the law of his home country.

The Effect of Ruler’s Decrees (September/October 2009)

Title and other rights in rem in movable or real property shall be transferred under a contract when the terms and conditions of the contract are fully satisfied.

The Jurisdiction of the Arbitral Tribunal in Respect of Attachment  Proceedings (September/October 2009)

Courts have jurisdiction over summary and precautionary proceedings that shall be executed in the country, although they have no jurisdiction over the original action.

Arbitration Award (June 2009)

If the original terms of a contract contain an arbitration clause, any party to the contract may assign his rights and obligations to third parties (after acquiring the relevant consent) in the knowledge that the arbitration clause shall survive the assignment.

Deduction in the Value of Negotiable Instruments (April 2009)

Commercial Appeal Judgement No. 129/2007, 18th September 2007

Distinction between Commercial Agency Contracts and Exclusive Distribution Contracts (April 2009)

Commercial Appeal Judgement No. 11/2006, 3rd June 2006

Being Held Accountable (March 2009)

Comment on Court of Cassation Judgment Appeal No. 369/2007 Commercial 6th October 2008

Elements of a Trademark (March 2009)

Comment on Court of Cassation judgment Appeal No. 95/2008 on 9/6/2008

Limitations on Commencing Arbitration (February 2009)

Comment on a Judgement issued by Dubai Court of Cassation, Cassation Appeal No. 204/2008 Civil 12th October 2008

The Binding Nature of Administrative Resolutions (February 2009)

Comment on the Judgement Issued by Abu Dhabi Federal Supreme Court Cassation No. 469/2008 administrative dated 31st December 2008

The Elements of a Counterfeit Trademark (January 2009)

Comments on Decision Rendered In Civil Cassation Appeal No. 113-2008 On 8th June 2008.

Arbitration Awards - When is Nullification by the Court Permitted? (January 2009)

Article 216 of the Civil Procedure Code provides:

Cassation Appeal No.469/2008, Civil - Limitations on Commencing Arbitration  (31 December 2008)

Comment on the Judgement Issued by Abu Dhabi Federal Supreme Court Cassation No. 469/2008.

Cassation Appeal No.169/2008, Civil - Arbitration Awards  (20 October 2008)

Comments of Judgement discussing "When is Nullification by the Court Permitted?"

Cassation Appeal No.204/2008, Civil - Limitations on Commencing Arbitration  (12 October 2008)

Parties drafting an arbitration clause may incorporate certain conditions which outline settlement attempts which must be fulfilled prior to resorting to arbitration.  If an arbitration clause does not contain conditions for satisfaction prior to resorting to arbitration, then the parties may directly commence arbitration.

Cassation Appeal No.369/2007, Civil - Being Held Accountable  (6 October 2008)

Comments of Judgement discussing Commercial Transactions.

Cassation Judgement No.95/2008, Commercial - Elements of a Trademark  (9 June 2008)

Comment on the Judgement Issued by the Court of Cassation regarding trademarks.

Cassation Appeal No.113/2008, Civil - The Elements of a Counterfeit Trademark  (8 June 2008)

Trademark counterfeiting involves the use of a Trademark to create a similar overall impression which confuses the public as to the Trademark's source. When assessing distinctive character, the overall impression must be considered, not just the component parts.

Cassation Appeal No.98/2008, Civil - Arbitration Awards - To What Extent is Court Review Permitted?  (25 May 2008)

Comments on Judgment discussing Article 212 of the Civil Procedural Law (Federal Law No.(11) of 1992 as amended by the Federal Law No.(30) of 2005.

Cassation Appeal No.103/2008, Civil - Credit for Published Works: To Whom and When is it Due?   (25 May 2008)

Hassan Arab comments on judgement in relation to Article 25 of the Law No.7 of 2002 on Copyrights and Patent Rights.

Cassation Appeal No.72/2008, Civil - DFM Disputes (20 May 2008)

Disputes arising in the DFM out of the application of the provisions of the Law as agreed by the parties transacting in the field of securities and commodities shall be determined solely by way of arbitration, and the provisions of these regulations shall apply in this regard.

Cassation Appeal No.87/2008, Civil -  (27 April 2008)

The admission or rejection of an appeal in cassation is a matter of public policy that must be decided by the Court of Cassation in its sole discretion. The grounds of appeal may not be heard unless the appeal is admitted. The value of a claim, as of the date on which it is filed, shall comprise the amount claimed plus all guarantees, revenues and expenses as well as any interests claimed.

Cassation Appeal No.5/2008, Labour - Severance Pay in UAE Labour Law (14 April 2008)

Comments on a recent judgment passed on the UAE and reviews the legislation relating to the calculation and payment of severance pay under the UAE Labour Law.

Cassation Appeal No.151/2007, Commercial - Extending the Date  (17 March 2008)

The opposing parties may explicitly or implicitly agree to extend the date prescribed by agreement or by law, and they may empower the arbitrator to extend it to a particular date. At the request of the arbitrator or one of the opposing parties, the court may extend the date specified in the foregoing paragraph for such period as it deems appropriate for settlement of the dispute.

Cassation Appeal No.35/2008, Civil - Tortious Liability and Damages (16 March 2008)

In all cases of tort, damages are assessed on the basis of the loss which the aggrieved party has incurred and any gain they have foregone as a direct consequence of the tort. The court may be satisfied as to the quantum of damages merely based on the papers submitted before the court.

Cassation Appeal No.151/2007, Civil - Contracting Relationships  (22 January 2008)

Case relating to a lease on a plot of land which had prescribed a very low annual rent, which was not commensurate with the market value of the buildings. The Respondent requested that an arbitrator be appointed.

Cassation Appeal No.232/2007, Commercial - Trademark Registration of Names  (22 January 2008)

Comments on a recent judgement discussing the use of the trade name Harrods.

Cassation Appeal No.51/2007, Personal Status - Divorce Under the Personal Status Law (20 November 2007)

Article 117-1 of the Personal Status Law provides that a spouse may seek divorce on the grounds of harm if he/she or his/her parents or family have suffered injury in word or in deed (either material or moral) such that it is not possible to remain in an amicable relationship unless the parties have reconciled.  An example of harm to a wife is her husband's filing for divorce without excuse.  The harm will be assessed by the Court based on the evidence.

Cassation Appeal No.125/2007, Commercial - Remuneration Debate  (25 June 2007)

Comments on judgement of a claim brought on the grounds that the Plaintiff agreed with the Defendant that the latter will act as a broker for the purchase of a plot of land against the payment of commission.

Cassation Appeal No.83/2007, Civil - Treatment of Gifts under UAE Law  (24 June 2007)

Comments on decision rendered in Civil Cassation Appeal No 83-2007.

Cassation Appeal No. 301/2007, Civil - Disputes Subject to Arbitration Clause (25 February 2007)

The court should not interfere in a case in circumstances where the matter in dispute relates to issues which are subject ao an arbitration clause, as the judgement given could contradict the arbitration award. By accepting such a case the Court would be accepting that the arbitration clause was not valid.

Cassation Appeal No.180/2006, Commercial  (16 October 2006) 

Any ruling made by an Arbitrator who is empowered to effect reconciliation will decide the dispute at hand conclusively and may not be appealed. Article 217/3 of the Law on Civil Procedure provides that a ruling may not be appealed if the Arbitrator is empowered to effect reconciliation.

Family Business & Private Client 
Publications    Articles   

Publications

The Family Business Practice  Download PDF

Articles

Family Trusts about to land in the UAE (June 2008)

For years wealthy families in the United Arab Emirates (UAE) have used family trusts to hold “off-shore” assets. However, “off-shore” trusts are generally not suitable structures to hold “onshore” assets. In a major announcement made in June 2008, Dubai International Financial Centre (DIFC) now proposes regulations establishing a clear legal framework and process to facilitate the establishment of “single family” trusts in the UAE, which would be suitable to hold “on-shore” UAE assets (both within and outside the DIFC).

The 4th Annual Private Meeting for Family Businesses (March 2008)

The 4th Annual Middle East Families in business conference was held on March 3 & 4 at the Ritz Carlton in Bahrain. The conference was supported by the Bahrain Financial Services Board and the Bahrain Family Business Association.

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