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Find out moreThe first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.
Read the full editionAbu Dhabi Global Market Courts (ADGM Courts) have issued their Litigation Funding Rules in response to the growing interest in third party funding of proceedings in the Middle East and Africa (MENA) region. The new Rules have immediate effect. They apply to ADGM arbitration and ADGM litigation proceedings.
The Rules are enacted under section 225 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, which regulate litigation funding agreements (including the duty of a funded party to disclose the existence of funding to the court and the other parties).
Generally, the Rules adopt a “light touch”, and focus in on certain fundamental issues, such as qualifying requirements for third party funders, financial and other interests in third party funders, litigation funding arrangements, and conflicts of interest:
A Funder must satisfy the following at the time the Litigation Funding Agreement is made, and continue to satisfy the following:
A Funder must not be owned (whether wholly or partly, and whether directly or indirectly, and whether by way of shares or otherwise) by a lawyer or a law firm:
The enactment of the Rules follows an extensive consultation process in November 2018, in which the ADGM Courts sought the views of the legal and litigation funding communities. The Rules, which are the first comprehensive framework for third party funding in the MENA region, are designed to provide parties and funders with greater certainty in relation to the enforceability of funding arrangements in proceedings for resolving disputes. The Rules are perfectly timed, as we at Al Tamimi & Company see growing interest by third party funders in funding arbitration and litigation proceedings in this region.
Rita Jaballah
Partner, Head of
DIFC Litigation
r.jaballah@tamimi.com
John Gaffney
Senior Counsel,
Arbitration
j.gaffney@tamimi.com
Peter Smith
Senior Associate,
Litigation
p.smith@tamimi.com
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