The final Law Update of 2022 is here, and it’s packed full of articles. The double edition features two focus areas, first is a spotlight on Energy and Resources and second we feature a collection of articles on Transport and Logistics. The developments occurring in these sectors in the MENA region are unprecedented and our lawyers cover vast themes for you.
The Energy and Resources focus features topics such as diversifying energy resources, solar PV, mining in the Middle East, renewable energy and green hydrogen. From a transport perspective, we draw attention to the Bahrain metro project, discuss the challenges and remedies associated with the repossession of an aircraft, and there is advice on what to consider should a party vary the terms of a shipping contract.
This edition navigates you through updates from across jurisdictions such as, Oman, Jordan, Saudi Arabia, Egypt, Iraq, Qatar, and the UAE. Each article is timely and provides insights into legal issues and cases that are affecting these sectors across the region.Read the full edition
Muhammad Mahmood - Associate - Litigation
This law amended Dubai Law No. 12 of 2004, which established the DIFC Courts and set out the original gateways granting exclusive jurisdiction to them. The parties in this case initially agreed that the courts of the Claimant’s country would have exclusive jurisdiction over any dispute arising under or in connection with the agreement between them. Subsequently, however, the parties decided to confer jurisdiction on the DIFC Courts by way of a written agreement.
In the DIFC Courts’ short history, this case represents a further example of its expanding jurisdiction. Prior to Law No. 16, the DIFC Courts could only assume jurisdiction over matters that had a direct connection to the DIFC, as set out in Law No. 12. Broadly, this connection had to involve the subject matter of the dispute, the location of the parties or the transaction concluded. Law No. 12, as amended by Law No. 16, opened the gates to potential cases without such a jurisdictional connection, or gateway. It granted the DIFC Courts jurisdiction over cases “if submitted thereto by the agreement of the parties in writing whether before or after the dispute”. As seen in the SPX Case, the effect of this opt-in provision is to allow the DIFC Courts to hear disputes between parties located anywhere in the world where there is no other jurisdictional connection with the DIFC.
Although the decision to opt into the jurisdiction of DIFC Courts should take account of a number of factors, the DIFC Courts have become known for offering several advantages over other courts in the region. Their advantages include: an international judiciary with significant experience in sophisticated commercial disputes; the availability of an immediate/summary judgment; and the opportunity to recover most of a successful party’s legal costs. As a firm, Al Tamimi shares Justice Sir David Steel’s sentiment expressed in the SPX Case that it is “legitimate to hope that this example is the first of many where parties take advantage of the extended jurisdiction of the Court”.