Law Update

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June-July

  • Abu Dhabi Court of Cassation’s Interpretation of Conflicting Contractual Clauses: A Specific Arbitration Clause Overrides a General Clause that Provides for Court Jurisdiction

    by Hassan Arab / Marwa El Mahdy - / - Dubai, UAE / Sharjah, UAe

    It is an established principle that a court of substance has the discretionary power to interpret the clauses of an agreement, provided that such interpretation considers the agreement as a whole in...

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  • Money Makes the Camera Go Round: A Guide to Deals in Film Financing

    by Fiona Robertson -  - Dubai, UAE

    Ideas for films are not unusual – we have potential film ideas presented to our team every month. Harder to find are film finance deals. Films are generally not cheap to produce and with all costs of...

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  • Collision Liability under Kuwaiti Maritime Law

    by Karim Marouny -  - Kuwait City, Kuwait

    In maritime law, the term ’Ship collision’ is given when a physical impact occurs between two ships resulting in an accident which causes damage. The ship collision can occur between a moveable...

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  • Is a Holding Company Criminally Liable for Acts Committed by its Subsidiary? The Abu Dhabi Court of Cassation Responds

    by Ashraf Shoukri -  - Abu Dhabi, UAE

    The principle that a person cannot be responsible for the acts of another is a fundamental principle of UAE criminal law. A person, natural or legal, can only be accountable for his own acts.

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  • Abu Dhabi Film Incentives: A Reminder of the Basics

    by Fiona Robertson -  - Dubai, UAE

    One of the exciting filming initiatives that was introduced to the film finance landscape in the region was the Abu Dhabi Government’s rebate for productions that are filmed in its boundaries.

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  • Socialising at Work: The Implications of using Social Media in the Workplace in KSA

    by Zahir Qayum -  - Al Khobar, Saudi Arabia

    Social media usage is prevalent and growing in the Kingdom of Saudi Arabia (the “KSA”). It has not only revolutionised communication in our personal lives but its impact and potential is also keenly...

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  • Apparent Authority when Signing Arbitration Agreements

    by Zafer Oghli / Marwa El Mahdy -  /  - Sharjah, UAE

    It has been noted in a series of cases that when an application to ratify an arbitration award is filed a respondent, hoping to resist enforcement of the arbitration award often resorts to...

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  • Back to the Digital Future: Updating Media Buying Agreements for New Advertising Outlets

    by Fiona Robertson -  - Dubai, UAE
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  • Every Player Gets a Fine: UAE Criminal Court Issues Fines for Broadcast of Content Without Consent

    by Omar Khodeir / Fiona Robertson -  /  - Abu Dhabi, UAE / Dubai, UAE

    A broadcaster in the Arab World, as well as the production company and the on screen presenters have all been fined AED 50,000 in a criminal matter. They were each fined because of the broadcast of a...

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  • The Rise of the Keyboard Shopper: Basic Legal Issues in Setting up E-Commerce Sites in the UAE

    by Fiona Robertson / Amna Qureshi -  /  - Dubai, UAE

    In 2016, the GCC was in the global top five for purchases via mobile devices. It is becoming clear that people in the UAE, and the broader GCC region, are increasingly e-shopping and entering into...

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  • Criminal Liabilities Arising from Infringing Intellectual Property Rights

    by Omar Khodeir / Bassam AlAzzeh -  /  - Abu Dhabi, UAE / Dubai, UAE

    Intellectual property law overlap with criminal law in many ways, one of which is piracy of media content. This is one of the fastest-growing forms of criminal offence and breaches of intellectual...

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  • Accelerators and Incubators Pave the way for a World: Leading Startup Ecosystem in the UAE

    by Amna Qureshi -  - Dubai, UAE

    There have recently been a lot of developments in the innovation and tech space in the UAE. The last few years have seen the UAE transform into an innovation hub for the MENA region, with the launch...

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  • Navigating Domain Names and Social Media Platforms for Brand Owners

    by Stephen Jiew -  - Dubai, UAE

    Internet presence and social media presence is all important for brand owners in today’s brave new world of consumers clutching their mobile phones, tablets and laptops at every turn. Brand owners...

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  • Artificial Intelligence and Innovative Developments in the UAE

    by Eleonore Kressner -  - Dubai, UAE

    Artificial intelligence (“AI”) can be loosely defined as “intelligence as exhibited by machines”.

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  • Protecting and Enforcing your Trademarks in Iran

    by Mohammad Ali -  - Dubai, UAE

    Iran has been recognised as one of the major potential markets in the Middle East. With the lifting of the UN Sanctions against Iran, many businesses are looking to expand their operations and enter...

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  • The QMUL Study on Resolving TMT Disputes: What Lessons for the UAE?

    by John Gaffney / Malak Nasreddine -  /  - Abu Dhabi, UAE

    The School of International Arbitration, which is part of the Centre for Commercial Law Studies at Queen Mary University of London, carried out an International Dispute Resolution Study in 2016...

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  • FinTech Licensing Framework in the UAE

    by Divya Abrol Gambhir / Margaret Elder / Yi Ling Wong -  / /  - Dubai, UAE

    The banking industry globally is moving from a traditional relationship based banking model to a more technology-based provision of services.

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  • E-Trading Business Activities in Dubai

    by Noff Al-Khafaji -  - Dubai, UAE

    The Dubai Department of Economic Development (DED) has recently introduced a number of E-Trading activities evidencing Dubai’s efforts to establish itself as an E-Commerce hub. Traders will have the...

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  • So, You Want to Buy a Ship? Sale & Purchase Essentials

    by James Newdigate -  - Dubai, UAE

    Selling a ship is similar to sailing a ship. It cannot be done by one person. Both require a collaborative effort, with a full complement of crew performing important tasks at key times. Here the...

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  • Practical Guidelines to Minimize Risks from Cyber Attacks

    by Omar Khodeir -  - Dubai, UAE

    With the increase of technology, criminals use malicious software programs for their own benefit. This includes malicious software programs that blocks access to data and electronic devices, known as...

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  • Blockchain, the Law and Dubai’s Grand Plan

    by Nour Kanawati -  - Dubai, UAE

    Dubai is the international business and trading hub of the MENA region. Dubai has near-zero taxation, outstanding lifestyle attractions, advanced physical infrastructure and a safe environment. In...

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  • Criminal Penalties for Commenting on the Qatar Situation and Liability for Posting, Re-Posting and Sharing Content on Social Media & Electronic Platforms

    by Omar Khodeir -  - Dubai, UAE

    Following the severance of ties with Qatar by several countries, including the United Arab Emirates (‘UAE’), there was a recent affirmation that legal action could be pursued against those who show...

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  • DIFC Courts Enforce United States Judgment for the First Time

    by Peter Smith -  - Dubai, UAE

    Peter Smith examines the recent, groundbreaking judgment of Justice Sir Richard Field in Barclays Bank PLC and others v Essar Global Fund Limited in which, for the first time, the DIFC Courts...

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  • Real Estate Considerations Regarding Data Centres and Co-Location Agreements in the UAE

    by Ian Arnott / Samantha Shaw -  /  - Dubai, UAE

    In simple terms, a data centre is a building that contains computer servers and equipment that provides end users located elsewhere with access to large telecommunications networks and a stable...

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  • Arrested Development: Legal Considerations for App Developers in the Middle East

    by Nick O'Connell -  - Dubai, UAE

    App development is a flourishing industry across the Middle East. We are regularly approached by clients seeking legal advice on issues relating to app development. In some instances, the app is...

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  • The Legal Horizon for Telecommunications in Iraq

    by Ali Al Dabbagh -  - Baghdad, Iraq

    At present, Iraq does not have much legislation that is specifically directed to matters related to the telecommunications sector, including those related to internet and mobile phone services....

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  • MENA Cloud Alliance launches GCC Cloud Competitiveness Index 2017

    by  Nick O’Connell  -  - Dubai, UAE

    The development of cloud computing is fundamental to innovation and the development of digital economies and smart cities. The UAE, and the broader GCC, would benefit from greater clarity when it...

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  • Aspects of Trade Mark and Data Exploitation and Protection in Oman

    by Richard Baxter -  - Muscat, Oman

    As Oman’s economy develops and diversifies, the commercial operations and contractual arrangements of both international and local businesses become more sophisticated and complex. This article...

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  • Into the Wild: Fintech and Regtech Innovation in the Middle East

    by Nick O’Connell  -  - Dubai, UAE

    Dubai International Financial Centre and Abu Dhabi Global Market, two of the leading financial services free zones in the region, are each seeking to appeal to developers of financial services...

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  • What Vision 2030 Means for the Information and Communication Technology Sector in Saudi Arabia

    by Haroun Khwaja -  - Riyadh, Saudi Arabia

    Saudi Arabia’s Vision 2030 is the Kingdom’s vision for the future. It is an ambitious blueprint setting out long-term goals and expectations. The government has flagged that it will pursue...

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  • Splinternet: Do Data Localisation Laws Threaten the Global Internet?

    by Andrew Fawcett -  - Dubai, UAE

    The borderless nature of the Internet has enabled the development of the digital economy and revolutionary technical innovations. It has become easy for companies (large and small) to achieve a...

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  • Busting the Myth on Cheques in Bahrain

    by Natalia Kumar -  - Manama, Bahrain

    For many years it has been market practice for banks in Bahrain (and in the wider GCC region) to take undated, signed cheques (generally for the full amount of the loan) from customers as security...

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  • Cyber Attacks will make you WannaCry

    by Haroun Khwaja -  - Riyadh, Saudi Arabia

    A ‘cyber attack’ is commonly defined as the use of malicious code to manipulate or disrupt a computer system. In the past, cyber attacks were mostly aimed at governments and the defence industry.

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  • Finally, a Comprehensive Sports Law in Egypt

    by Laila El Shentenawi / Farah Ramzy / Youssef Sallam -  / /  - Dubai, UAE / Cairo, Egypt

    On 31 May 2017, Law No. 71 for 2017 promulgating the Egyptian Sports Law was published in the Egyptian Gazette, Vol. 21 bis (b) (the “Sports Law”).

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