Law Update

Select issue:

December - January

  • CONSIDERATIONS IN TRADEMARK LICENSING IN THE UAE

    by Waldo Steyn & Mohammed Ali  -  /

    The licensing of trademarks is an essential component of various commercial agreements facilitating business operations in the UAE.

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  • DUBAI: LIABILITY OF SHAREHOLDERS IN A LIMITED LIABILITY COMPANY

    by Al Misbah Sabiel & Marwa El Mahdy -  /

    A Limited Liability Company as defined by Article 218 of the UAE Commercial Companies Law is a company in which the liability of its partner is limited only to the extent of their shares in the...

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  • KUWAIT: REQUIREMENTS FOR OBTAINING APPROVAL OF A PRIVATE PLACEMENT MEMORANDUM FROM THE CAPITAL MARKETS AUTHORITY

    by Fatema Fathnezhad  - 

    In February 2010, the Kuwait government passed new laws and regulations related to the activities of securities in Kuwait, namely Law No. 7 of 2010 (the “Law No. 7”) and Executive Bylaws for Law No....

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  • THE INTERNATIONAL JURISDICTION OF THE IRAQI COURTS

    by Jawad Khalaf - 

    On the onset, it is important to understand that jurisdiction is defined by local legislation to be “the set of rules that determine the competence of a state’s jurisdiction to look into cases...

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  • NEW LAW COMBATING INFORMATION TECHNOLOGY CRIMES

    by Sana Saleem - 

    Last month the President His Highness Shaikh Khalifa Bin Zayed Al Nahyan issued Federal Law No. 5 of 2012 (“New Cyber Crime Law") a comprehensive piece of legislation on combating cyber crimes. The...

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  • IMPLICATIONS OF THE KUWAIT TID V. BLOM JUDGMENT ON WAKALA CONTRACTS

    by Paul Saba & Fatema Fathnezhad  -  /

    Wakala contracts are agency agreements that are widely used in Shari’ah compliant Islamic finance transactions.

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  • NEW COMPETITION LAW IN THE UAE

    by Waldo Steyn  - 

    On 5 December 2012 the European Commission imposed the biggest antitrust penalty in its history - EUR1.47 billion (USD1.92 billion) - against six firms for running two cartels for nearly a decade.

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  • ARBITRATION CLAUSES: RESOLVING CONFLICTING JURISDICTIONAL CLAUSES IN THE SAME AGREEMENT

    by Suzzane Abdallah - 

    Article 203 of the UAE Civil Transactions Law allows parties to agree to seek arbitration for any dispute that arises between them in a given contract, and sets the rules for such agreement. However,...

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  • MANAGED AND SERVICED APARTMENTS IN DUBAI Considerations from a Jointly Owned Property (Strata) and Hotel Operation perspective

    by Jeremy Scott & Katrine Kofoed -  /

    The term “managed and serviced apartments” (“MSA”) is generally given to apartments sold to investors where the investors may also agree to put these apartments (“Units”) into a “Rental Pool”...

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  • CADBURY RETAINS HOLD OVER ITS TRADEMARK FOR A SHADE OF PURPLE

    by Manal Ben Said - 
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  • THE TEMPORARY JORDANIAN PATENT LAW NO. 71 OF 2001

    by Odai Mismar & Saleem Kharraz  -  /

    As part of the process of acceding to the WTO, Jordan has enacted its new Patent Law No. 71 of 2001 (the "Patent Law"), in accordance with the international standards which Jordan has been committed...

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  • NEW DIFC DATA PROTECTION LAW COMES INTO FORCE

    by Nick O' Connell - 

    The Dubai International Financial Centre, a financial services free zone located in the Emirate of Dubai, has its own ‘European style’ data protection law, applicable in the jurisdiction of the DIFC.

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  • LEGAL ISSUES IN CLOUD COMPUTING – PART I

    by Nick O' Connell - 

    Remote access computing services, whereby software applications, databases, data storage, network configuration and programming tools are made available to clients as a service, are becoming...

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  • LIQUIDATED DAMAGES

    by Justin Ede - 

    International contractors from common law jurisdictions will be familiar with the concept of liquidated damages. A typical clause will provide that should the contractor fail to complete by a date...

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  • HERE COMES ERBIL

    by Adam Balchin - 

    The devastating effects of the 2003 Iraqi War, subsequent sectarian violence and struggles for power have complicated efforts to promote foreign investment, economic growth and reconstruction efforts...

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  • BONUSES

    by Samir Kantaria & Natalie Jones -  /

    Employers often use bonus schemes as incentives to reward and retain valuable employees and this is usually the time of year when employers are reviewing performance and determining whether bonuses...

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  • CAN FAMILY COMPANIES SURVIVE THE WINDS OF CHANGE? A CRY FOR LEGISLATIVE HELP

    by Mariam Sabet - 

    Did you know that most of the successful businesses in the Gulf are in fact family owned? Did you also know that only a small minority actually survive into the second generation?

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  • MIXED USE DEVELOPMENTS INCORPORATING HOTEL AND RESIDENTIAL FEATURES

    by Jeremy Scott & Katrine Kofoed -  /

    Dubai is now familiar with the concept of Jointly Owned Property where developments are sub-divided into “Units”, being the separately owned part of the development (for which the Owner will receive...

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  • ABU DHABI RENT CONTROLS AND LEASE RENEWALS

    by David Bowman - 

    Abu Dhabi Law No. (20) of 2006 (the “Landlord and Tenant Law”), as amended by Laws No. (6) of 2009 and No. (4) of 2010 (“Law No. (4)”) and Executive Council Resolutions No. (56) of 2010, No. (25) of...

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  • SO YOU THINK YOU CAN ARBITRATE?

    by Omar Khodeir - 

    This article addresses situations where there is an arbitration agreement but the dispute is reviewed by the national courts instead of being referred to arbitration or the arbitration clause is...

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