Law Update

Select issue:

October – November

  • A message from Essam Al Tamimi, Chair of the IBA Dubai Host Committee and Senior Partner of Al Tamimi & Company

    As we embark on the biggest conference hosted by the IBA each year, I am overwhelmed by what an achievement this has been not only for Dubai but for all involved in the legal profession in the Middle...

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  • Revisiting The Par Value Regime

    by Hamad Haider - 

    I. INTRODUCTION: Shares represent fractional ownership of assets in a company. Under the par or nominal value regime shares of a company are ascribed an arbitrary value at the time of...

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  • The Development of the Judiciary -Challenges and Outlook

    by Hassan Arab - 

    Introduction: A country’s strength ties in with the success of its legislative, judicial and executive authorities. The function of the judiciary is to promote justice and equity through the proper...

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  • Licences to Occupy Premises and Concession Agreements

    by David Bowman - 

    The need to share business premises: Businesses often need to share their premises with other companies and in the UAE they first need to consider some practical and legal issues.

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  • So... Why Do You Attend The IBA Conference?

    With the IBA conference being held in Dubai, there’s no better time to get up to speed with the latest legal professional developments in the Middle East and beyond.

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  • Banking Enforcement Update 2011

    by Jody Waugh - 

    Overview of 2011: To date, 2011 has continued to offer many milestones in the area of enforcement. The UAE Courts and regulatory bodies have shown a unique willingness to cooperate with interested...

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  • Smoothing The Path

    by Samer Qudah  - 

    According to the Doing Business Report 2011, which was published by the World Bank and assesses the efforts of 183 countries worldwide, the UAE has made notable recent strides when it comes to...

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  • Vessel mortgage

    by Omar Omar - 

    Vessel mortgage in the UAE is governed by the UAE Commercial Maritime Law No. 26 for the year 1981 and amendments as per law No. 11 for the year 1988 (the “Law”). The Law permits the mortgage of a...

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  • Distinguishing Features of Security and Collateral in the UAE

    by Dena Elkhatib - 

    I. Introduction: The UAE is a Civil Law jurisdiction and the law and practice has developed from several sources, including the Sharia’s, and the French and Egyptian legal codes. Banking and...

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  • Banking Overview In Saudi Arabia

    by Hesham Al Homoud  - 

    The banking industry in the Kingdom of Saudi Arabia (“KSA”) embodies one of the main commercial industries that still has a number of issues requiring clarity for the sector and the following will...

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  • Does legislation operate retrospectively?

    by Mohammed Jamil AK BIK - 

    Claim: This judgment of the Court of Appeal arose from four appeals. The facts are that the First Respondent (as he was known in all four appeals) brought Abu Dhabi Commercial Action No. 41-2010...

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  • Managing the Risk of Decennial Liability

    by Kamal Hafez - 

    Although much has been written about it, decennial liability continues to surprise and confound architects, engineers and contractors from other parts of the world who are coming to the Middle East...

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  • The Legality Of Consumer Financing Products

    by Islam Abaza - 

    One of the primary issues in Islamic finance transactions is the determination of the Shariah compliance of the financial instruments. As a market practice, this role to confirm whether or not a...

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  • The Right over a Copyright

    by Ayen Biar - 

    Number a time we receive queries in relation to rights over the designs, drawings, models, specifications or reports (“Designs”) prepared upon an employer’s request for its various projects by an...

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  • Changes to the International Chamber of Commerce Arbitration Rules

    by Paul Turner - 

    The International Chamber of Commerce (ICC) is a highly respected organization in the global trading community. One of the services it provides is the International Court of Arbitration, which is an...

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  • Judgment: the Court’s discretion when terminating binding contracts

    by Zane Anani  - 

    Introduction: In the last few years, the Dubai courts have witnessed many cases filed by investors/purchasers of real estate against developers requesting the courts to terminate their contract.

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  • Caterpillar - Form Yellow Iron to Software Caterpillar

    by Stephen Jiew - 

    What: Domain name dispute Who: The Complainant, Caterpillar, is a MNC with a stellar reputation built in heavy equipment and construction.

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  • Legal Study on Arbitration Before the Securities Authority

    by Mohammed Jamil AK BIK - 

    Preamble: Arbitration in civil and commercial matters is an alternative method of dispute resolution that may be agreed upon by the parties –Article 203 of the Civil Procedure Law.

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  • Mobile commerce and social media - some points to consider

    by David Yates - 

    Internet-capable mobile devices have become ubiquitous. More and more businesses are trying to meet their customers’ swiftly evolving needs and expectations by using mobile devices and social media.

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  • Franchising in the UAE

    by Marcus Wallman - 

    When walking from the car park of the Dubai International Financial Centre to my office each morning, I pass a Costa Coffee, Caribou Coffee, Caffe Nero, a Yo Sushi restaurant, a Gourmet Burger...

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  • The Top 10 Mistakes We See In Sale & Purchase Contracts

    by Sarah Hasnani - 

    A sales and purchase agreement (SPA) is the most commonly used document in commercial transactions, from deals involving purchases of commodities, shares, businesses and real estate, these types of...

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  • Practical Insights onto UAE Merger Regime

    by Mohamed Khodeir  - 

    In this article we examine a key form of transaction offering growth and liquidity options. Without doubt, mergers are becoming more crucial in the UAE, post the global financial crises as companies...

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