1. General 1.1 General Characteristics of the Legal System The UAE follows a civil law system, which is inspired by the Roman and French legal systems as well as the Egyptian civil codes of law. Although the core principles of law in the UAE are rooted in Sharia, a predominant proportion of the UAE’s legislation …
Delve into the complexities of recognizing and enforcing foreign court judgments in UAE local courts with practical insights in a write up authored by our Senior Associate, Rajiv Suri. Explore the Montevideo Convention’s principles, the ‘lotus principle,’ and the territoriality principle, uncovering the nuances of sovereignty and jurisdiction. Understand the pivotal role of bilateral agreements …
Enforcement of Foreign Court Judgments in Civil Proceedings Read More »
Check out our latest insight of LexisNexis, authored by our Senior Associate, Rajiv Suri, which elaborates on the criminal liability of Directors under UAE law. Criminal liability of directors under most of the texts of law do not necessarily apply on directors by virtue of their titles but rather on the basis of the abuse …
As the words suggest, alternative dispute resolution (“ADR”) implies any process, system or method which helps resolve disputes between the parties without them having to resort to litigation. Some of the most used forms of ADR methods are arbitration and settlement through mediation. We are pleased to share with you that one of our Senior Associates, …
We are pleased to share with you that one of our Senior Associates, Rajiv Suri, has contributed towards updating LexisNexis Middle East publication which is titled ‘Purchasing an Insolvent Business’. It is intended to provide an overview of the key aspects of the laws and regulations governing acquiring insolvent business in United Arab Emirates (UAE). The …
Regulating crypto has never been more important in this highly dynamic, emerging industry 2022 has been a very eventful year for the cryptocurrency industry. It had its share of global headlines: from the collapse of Sam Bankman-Fried’s FTX, an insider trading scandal at Coinbase, and a prolonged downturn in cryptocurrency prices. Nevertheless, digital currencies continue …
We are pleased to share with you that one of our Senior Associates, Rajiv Suri, has contributed towards updating the Trademarks law for LexisNexis Middle East publication which is titled ‘Trademark Transaction and Management’. It is intended to provide an overview of the key aspects of the laws and regulations governing Trademarks in United Arab …
An interesting article written by Rajiv Suri, Senior Associate, highlighting the Importance of Trademark Registration, has been published in the Corporate Investment Times magazine. The Article appears on page/s 95-97”. It is a prestigious publication featuring contributions from industry experts from around the globe covering varied topics, such as regulatory changes and compliance issues…etc. Alsuwaidi …
One more time, Senior Associate of Alsuwaidi & Company, Mr. Rajiv Suri achieved another milestone with his article “Registration of Smell Marks”. It has been recently published in Intellectual Property Expert Guide – CorporateLiveWire – a prestigious UK based publication featuring contributions from industry experts from around the globe covering varied topics, such as regulatory …
What is Emiratisation? Emiratisation is an initiative being advanced by the UAE Government that mandates the employment of UAE nationals within both, the public and the private sectors. The main aim is to enhance the local contribution to the national economy by raising the number of UAE nationals within the UAE workforce. This programme has …
Emiratisation new law frequently asked questions Read More »
H.H. Sheikh Mohamed Bin Zayed Al Nahyan – the United Arab Emirates (“UAE”) President, recently issued the Decree by Law No. (41) of (2022), concerning the Civil Personal Status Code. The provisions of this Decree shall apply to the non-Muslims in the UAE who are UAE Citizens and to non-Muslim Foreigners residing therein. The Decree …
Scent trademark registration – The new trademarks law i.e., Federal Decree-Law no. (36) of 2021 in UAE now specifically provides for registration of “smell” marks considering that the definition of “trademark” under Article (2) of the said law has been widened to include such a mark. There are very few countries in the world which …
The United Arab Emirates (UAE), which is a federation of seven Emirates i.e., Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain (UAQ), Ras Al Khaimah (RAK) and Fujairah, has promulgated laws which are progressive in content and application. These have, over the years, served ends of justice well. Towards this end, the Federal Government of …
The United Arab Emirates, over the years, has improved upon legislations and their effectiveness from the perspective of enforcement landscape involving intellectual property rights of legitimate owners. There are various forums available within the UAE which can be availed of by the rightful owners to enforce their intellectual property rights. Rajiv Suri, Senior Associate at …
Enforcing IP Rights in the United Arab Emirates’ new and improved legislative landscape Read More »
One of the important aspects of intellectual property law is regulating the regime of prosecution and protection of Patents, and Industrial Designs. This encourages innovation thus leading to advancement in technology. In October 2014, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President, Prime Minister, Minister of Defence for the United Arab Emirates and …
UAE–Regime to encourage innovation through new Patent law Read More »
Trademarks law in the United Arab Emirates has recently undergone several changes including provisions concerning opposition/s. We have formulated and provided answers to some of the relevant frequently asked questions (FAQs) which specifically deal with the opposition/s as laid down under the UAE Trademarks law. These are as follows: 1- Does the UAE trademarks law …
FAQs on Trademark/s Oppositions-United Arab Emirates Read More »
1- The United Arab Emirates (the “UAE”) has a comprehensive Sharia’ governance framework for Islamic financial institutions issued by the Central Bank of the UAE (the “Central Bank”). The framework provides in detail for the Sharia’ governance bodies and requirements related to Islamic financial institutions and Islamic windows. Branches of foreign financial institutions that provide …
Sharia’ Governance Framework for Islamic Financial Institutions in the UAE Read More »
Copyright is an important branch of intellectual property which seeks to extend protection to any innovative and original works which inter alia include any literary, artistic and musical work/s. As a part of reforming its intellectual property regime, in the year 2021, the UAE Federal Government, the Ministry of Economy, had inter alia issued an …
The United Arab Emirates (UAE) federal government adopts a progressive approach towards governance and implementation of laws. It recognizes best practices in international laws and adapts them to suit local needs as these are important for growth of the economy to bring it in line with the global trade regimes. Resultantly, over the years, the …
International Judicial Delegation in Criminal Matters As the means of communications advanced among various persons and entities, transportation and travel among countries have become easier along with the conclusion of transactions of all kinds including commercial transactions and banking transfers, and other cross-border transactions that can be completed in a matter of minutes or less …
The Federal Decree-Law No. (33) of 2021 took effect on 2 February 2022 and one of the significant changes which both the employer and employee must take into consideration is the non-compete clause in the employment contract. The Federal Decree-Law No. (33) of 2021 the Regulation of Labor Relations states, in Article 10, that the …
Abdelhak Attallah, head of the Alsuwaidi & Company’s shipping practice shares his insight on maritime liens and ship arrests in the UAE. This article was published with Legal Business’s Global 100 end of year publication which can also be viewed here: https://www.legalbusiness.co.uk/co-publishing/sponsored-briefing-ship-arrest-maritime-liens-and-ship-mortgages-in-the-uae/. READ MORE
Federal Decree Law No. 14 of 2020 was issued to amend certain provisions of the Federal Commercial Transactions Law No. 18 of 1993 and was published in the Official Gazette in Issue 687 (Supplement) issued on September 30, 2020. This law will come into force on 02 January 2022, and a number of provisions have …
From the 02 of January 2022 a Bounced Cheque will be considered an execution deed Read More »
صدر المرسوم بقانون اتحادي رقم 14 لسنة 2020 بتعديل بعض أحكام قانون المعاملات التجارية الاتحادي رقم 18 لسنة 1993 وتم نشره في الجريدة الرسمية في العدد 687 (ملحق) الصادر بتاريخ 30 سبتمبر 2020. والذي يبدأ العمل به من تاريخ 02/01/2022، وفي ضوء هذا المرسوم بقانون، فقد تم تعديل وإلغاء واضافة بعض الأحكام لقانون المعاملات التجارية …
بداية من يناير 2022 الشيك المرتجع يعد سنداً تنفيدياً Read More »
Amendments on UAE laws involving bounced cheques from 2022 A. Amendments to criminal offences associated with bounced cheque: The most anticipated decree, the Federal Decree No. 14/2020 (the “Decree”) will come into force in January 2022, abrogating provisions of Article 401, 402, and 403 of the Federal Law No. 3/1987 concerning the Penal Code governing …
Read Legal Business Week’s interview with Managing Partner Mohammed Alsuwaidi where he talks about the role of technology in the legal profession, what sets Alsuwaidi & Company apart from other law firms in the region, and how the firm navigated the pandemic so that it provided continuous support to all its clients. You can view …
Legal Business Week interview with Mohammed Alsuwaidi, September/October 2021 Read More »
CRIMINALS HAVE BEEN BUSY: The COVID-19 pandemic dominated 2020. Cybercriminals have been busy exploiting vulnerabilities as a result of the pandemic, disrupting companies with remote working becoming a reality. We are all more exposed to cyber fraud due to the inevitable digital dependence, and this has resulted in cases of financial cybercrime being at an …
Financial cybercrime since the COVID-19 Pandemic: Read More »
Alsuwaidi & Company sponsored this year’s Inhouse Congress. Our panel focused on Anti Money laundering and Dispute Resolution. Read More
A new chapter has arrived with arbitration in Dubai being under the umbrella of DIAC with DIFC-LCI continuing as a division of DIAC with its own rules and case officers. This will make the process of arbitration more streamlined and allow users to have a real choice in the arbitration procedures and rules to be …
We are pleased to share with you our contribution to Legal Business. Our article takes a look at the recent English Supreme Court judgements that affect International Arbitration and how this interpreted into the world of arbitration within the GCC region. The cases of Enka Insaat Ve Sanayi AS v 000Insurance Company Chubb [2020] and …
Dubai International Financial Centre (DIFC) has enacted new Intellectual Property Regulations with effect from 5 July 2021 under DIFC Law No. 4 of 2019 (IP Law). The new regulations will enable DIFC to increase innovation by identifying and protecting IP rights, important to technology and start-up companies. Moreover, these regulations allow Commissioner of Intellectual Property …
Abu Dhabi to allow 100% foreign ownership of professional companies Read More »
Dubai International Financial Centre (DIFC) has enacted new Intellectual Property Regulations with effect from 5 July 2021 under DIFC Law No. 4 of 2019 (IP Law). The new regulations will enable DIFC to increase innovation by identifying and protecting IP rights, important to technology and start-up companies. Moreover, these regulations allow Commissioner of Intellectual Property …
Dubai International Financial Centre: New Intellectual Property Regulations Read More »
We are pleased to share with you our contribution to the Legal 500’s Dispute Yearbook 2021. Our article takes a look at the recent English Supreme Court judgements that affect International Arbitration and how this interpreted into the world of arbitration within the GCC region. The cases of Enka Insaat Ve Sanayi AS v 000Insurance …
As a UAE firm, with over 23 yeas experience in helping clients navigate the legal landscape, we are well versed in assisting foreign investors establishing their presence and business in the UAE – both onshore and free zones. We have significant expertise working with investors in joint ventures, mergers and acquisitions in the Gulf. We …
Dubai International Financial Centre (DIFC) has just announced its first successful cross-border merger under the DIFC’s Companies Law. The DIFC Companies Law allows mergers between both private and public companies established in the DIFC and companies established in jurisdictions outside of the DIFC. This is a huge step forward that allows the DIFC to attract …
Last Wednesday, Reda Hegazy was invited to participate on Judicial Training Institute of the Ministry of Justice on the experts role in maritime disputes. Mr Reda said “My lecture focused on the role of legal experts in light of the Supreme Courts provisions that experts should be fully aware of the legal principals in how …
Foreign nationals can now own 100% of companies within the onshore jurisdiction of the UAE, which previously required 51% Emirati ownership to do business outside of UAE free zones. This remarkable development is expected to further enhance the UAE’s position as the Gulf’s premier business hub and a stronger magnet for foreign capital and investment. …
UAE Companies Law to Allow 100% Foreign Ownership in UAE Read More »
Introduction Over the past 14 years, Dubai has embraced both civil and common law legal systems within its borders. In order to understand the concepts involved I have set out below the fundamentals of each system ending with a comparative look at the two systems as they are currently in use at this time. Dubai …
Now that many construction and engineering contracts have recommenced after a period of shut down or slow down due to the issues surrounding Covid-19, many Contractors and Employers are having to assess and deal with the effects on their projects including whether extensions of time and damages should be awarded to the Contractor. In this …
Does COVID-19 really result in a force majeure claim under FIDIC? Read More »
In the backdrop of a worldwide health crisis brought about by the novel coronavirus (COVID-19), the Insurance Authority in the UAE took a number of measures to limit the adverse implications of the virus on the insurance sector and to ensure continuation of insurance businesses across the UAE. On 8th March 2020, the Authority passed Circular …
Have you filed your Economic Substance Regulation notification? All Licensees in the UAE must “notify” by the 30th June deadline and certain businesses engaged in “relevant activities” must further report. PURPOSE The purpose of the Regulations is to ensure that UAE entities that undertake certain activities are not used to artificially attract profits that are …
Have you filed your Economic Substance Regulation notification Read More »
The question which many in the construction industry are asking during this time, is whether the current pandemic can be deemed a force majeure event. If so, what impact does this have on construction contracts? Should parties be in agreement, is it acceptable for them to continue with an existing contract irrespective of the force …
Business integrity in the time of pandemic: what can businesses in the UAE do to protect their people and business? During these uniquely challenging times, businesses are poised to react to sudden changes in the market. As businesses navigate through new waters, it is best to seek guidance from the authorities and methodically deal with …
Cyber blackmailing is the threat of disclosing certain information about a person, or doing something to harm a threatened person if the threatened person does not respond to certain requests. This information is usually embarrassing or socially destructive. A common form of blackmail is threatening the victim to share private pictures or videos or expose …
Article 85 of the Regulations of the Civil Procedures Law issued by Cabinet Resolution No. 57 of 2018 (“Regulation”) regarding the regulations of Federal Law No. (11) of 1992 regarding civil procedures, enumerates the procedures that the applicant shall take to enforce foreign provisions, orders and bonds within the state. In addition, Article 86 of …
In a historical development of India and UAE relationship, UAE Judgment will be recognized and enforceable in India based on reciprocity as per the Notification issued by the Government of India on 17 January 2020 (“Notification”). On 17 January 2020, Government of India published in its official gazette Notification for recognition of the UAE as …
Be aware: Defaulters in UAE may be pursued in India Read More »
His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister, in his capacity as Ruler of Dubai, has issued an amendment to Law No. 21 of 2015 regarding the new fees of the Dubai Courts. The amendment replaced the provisions of Articles (8), (14) and (35) with provisions relating to non-payment of fees, …
This month, the UAE Cabinet approved the issuance of a five-year, multiple entry tourist visa for all nationalities visiting the country. This move aims to enhance the UAE’s position as a top tourist destination and further strategically supports the Dubai Expo 2020 efforts. Holders of the five-year multiple entry tourist visa shall be allowed to …
Tourism Boost: The New Five-Year Multiple-Entry Tourist Visa Read More »
Recognizing the importance and the growing preference for arbitration as a form of dispute resolution, UAE authorities promulgated Federal Law No. (6) of 2018, otherwise known as the UAE Arbitration Law. This law repealed Articles 203 to 218 of Federal Law No. (11) of 1992 or the UAE Code of Civil Procedures and further has …
Ensuring Validity of Arbitration Agreements in the UAE Read More »
INTRODUCTION AND BACKGROUND H.H. Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai has promulgated the Resolution of the Cabinet of Ministers No. (31) for 2019 concerning Economic Substance Regulations (ESR/Regulations) on 30 April 2019. Pursuant to the Regulations, a Ministerial Decision no. 215 of 2019 …
Japan Patent Office (JPO) decided that VW’s famous car model “Polo” is dissimilar to, and unlikely to cause confusion with, the word mark “Car-pollo” when used for car navigation. Volkswagen AG filed an opposition against registration the word mark “Car-pollo” written in standard character filed by Baidu Online Network Technology Beijing Company Limited on the grounds that …
“Alsuwaidi & Company has successfully represented their client in a ruling by the Federal Supreme Court on 15 January 2019 on the enforcement and recognition of an arbitral award.”. In the said ruling, the Federal Supreme Court overturned a refusal by the Khor Fakkan Court of Appeal to recognize and enforce a foreign arbitral award …
Alsuwaidi & Company succeeded in obtaining final and executory judgment rendered by the Dubai Court of Appeal in favor of our Client whereby it upheld to hold the shareholder of a limited liability company jointly and severally liable for said company’s obligation. Short facts: The Client filed a commercial dispute case before the Dubai Court …
Dubai Court’s Leading Judgement on Piercing the Corporate Veil Read More »
A Judgment issued by the Dubai Court of Cassation to stop the infringement of a well-known trademark in a case that presents a unique precedent because of the difficulty in these types of cases to ascertain the conditions and reasons for stopping the infringement of trademarks and prevent it. The case is that the claimant …
A Judgment by Dubai Court of Cassation to stop infringement of international trademark Read More »
The new employment law, namely, the DIFC Law No. 2 of 2019, came into force on 28 August 2019, replacing the DIFC Law No. 4 of 2005, as amended by DIFC Law No.3 of 2012 to be the current applicable law. In an effort to accommodate the varied employment arrangements in the DIFC, the newly …
The United Arab Emirates is a fascinatingly inspirational young nation that has accomplished remarkable success in a short span of 48 years. UAE is also one of the safest countries with the lowest rate of crimes in the world. In line with UAE’s vision to become one of the safest places in the world, the …
The UAE Cabinet recently approved Decree-Law No. (19) of 2019 on the Insolvency of Natural Persons concerning natural person’s inability to pay debts due to insolvency and debt default. This new law is aimed at enhancing the competitiveness of the UAE, ease of doing business and at facilitating more favorable conditions for individuals facing financial …
Long-term Residence Visas The UAE has launched long-term residence visa programs that aim to attract international talent into the UAE, such as entrepreneurs, investors, scientists and special talents. Availing these long-term residence visas can be described below: 10-year UAE residence visa According to the General Directorate of Residency and Foreigners Affairs, foreign investors may obtain …
يدخل القانون رقم 9 لسنة 2019 بشأن الاعسار حيز التنفيذ بداية من يناير 2020 وهي سنة الرهان الاقتصادي والمجتمعي على التطور والتطلع الى دولة أكثر سعادة واستقرار فما هو دور قانون الاعسار في هذ السياق؟ على خلاف القانون الاتحادي المتعلق بالإفلاس، يشمل قانون الاعسار المدنيين من غير التجار ممن حالت الصعوبات المالية دون سداد ديونهم …
“But I did not know!”; “That can’t be!”; “It’s totally unacceptable!” These may just be a few of exclamations that people utter when they are apprehended while transiting, visiting or moving to a new country. As in most jurisdictions, “Ignorance of the law excuses no one.” Therefore, it is highly advisable to get acquainted with …
Due to the inability of some individuals to own properties or movables of high value that exceed their financial limits, the federal legislators were led to issue a law on Financial Leasing. This law aims to make individuals of limited income invest in immovables and movables in long-term installments. These individuals are entitled to own …
The way in which Islamic banks (the “Banks”) foreclose on properties they finance due to a default of the customer depends on whether the Banks either: a) register the properties in the names of their customers and mortgage them in favour of the Banks, or b) register the properties under the names of the Banks. …
Foreclosure and Legislative Challenges for Islamic Banks Read More »
In the UAE, a country which continues to be a strategic hub with a rapidly growing economy, writing cheques is one of the common forms of payment; whether you’re buying a car, paying rent or any form of purchases and individual transactions, cheques are commonly used as a form of security. The below outlines important …
Our latest insight from Reda Hegazy. A Job Offer Letter: It is the intention of an employer to appoint a prospective employee under the conditions and features that are outlined in a job offer. This offer is generally prepared in writing in order to prove its content easily, and it may include terms of contract and …
Is job offer letter legally binding on the employee and the employer? Read More »
The UAE Federal Law No. (37) of 1992 on Trademarks defines “well-known” trademark as trademarks that pass borders of the origin country of the trademark to other countries. These may not be registered unless upon a request or official authorization from the original owner. To determine that a trademark is well-known, familiarity with such trademark …
Parallel importation is genuine product importation from another country without the permission of the intellectual property owner. Parallel import is based on the idea of consuming the intellectual property rights. When a product is first sold on the market territory, parallel importation is authorized to all residents in that state. Some countries allow it, but …
Parallel Import in light of UAE Commercial Agencies Law Read More »
Alsuwaidi & Company’s Head of the Maritime Department, Mr. Abdelhak Attallah, participated in the discussion on “London’s Competitiveness as a Shipping Cluster” on 9 September 2019 at the 2019 edition of London International Shipping Week (LISW). At the said event, Maritime London, the Department for Transport (DfT), and the City of London Corporation formally launched …
“London’s Competitiveness as a Shipping Cluster” Read More »
The United Arab Emirates (UAE) is one of the fastest-growing countries in the field of construction and real estate development. Among the seven emirates in UAE, the Emirate of Dubai is one of the leading contributors in the speedy growth of construction and real estate development through the issuance of comprehensive real estate legislations as …
The United Arab Emirates officially announced changes in the official fees for services offered by the Ministry of Economy. As regards to intellectual property fees, the following reductions were made: – Trademark registration fees were reduced from AED 10,000 to AED 6,700. No changes to filing and publication fees. – Trademark renewal fees were reduced …
United Arab Emirates Reduction In Trademark Registration And Renewal Fees Read More »
The United Arab Emirates Cabinet passed a landmark decision last year to allow 100% foreign ownership of companies onshore and have recently announced the industry sectors that are eligible. This marks a significant change from the prior law where foreigners must seek a local partner to set up business in the UAE, onshore and where …
Eligible Sectors for 100% Foreign Ownership in the UAE Now Defined Read More »
General rule There is a general rule in most countries worldwide that states one must use their registered Trademark, or it may be subject to a potential cancellation by a competitor. The concept is known as ‘non-use’. In the UAE, use of a trademark is not required for registration or renewal. However, a trademark is …
UAE has established itself as an economic hub in the MENA Region. Investors are presented with numerous options on how to enter the UAE market. Some establish their own companies while others opt to enjoy the market reputation, existing processes, and manpower of established companies in the UAE through mergers or acquisitions. Due diligence investigation …
Legal Due Diligence: Understanding How a Company Fares Read More »
Islam has legitimized the arbitration method in order to simplify the process of litigation. Islamic jurisprudence has given the subject of arbitration utmost attention and organized a well-established rules and regulations. The advantages of arbitration lie in streamlining its procedures, confidentiality of its hearings, and legal basis in particular if those in charge are recognized …
The Legitimacy of Arbitration as a Means of Dispute Resolution Read More »
إن الإسلام شرع وسيلة التحكيم لتسهيل عملية التقاضي واختصارها وقد أولى الفقه الإسلامي موضوع التحكيم عناية قصوى، فنظمه تنظيماً جيداً ووضع له ضوابط وقواعد. وتكمن مزايا التحكيم في قلة كلفته وتبسيط إجراءاته وسرعته، وسرية جلساته، واتساع أسسه، خصوصا إذا كان القائمون به مشهوداً لهم بالكفاءة والمهارة والاستقلالية والخبرة والاستقامة والنزاهة والحكمة ولم يخرج تعريف التحكيم …
The Dubai Land Department (DLD) has circulated a new investor protection law which aims to protect the rights of property investors in Dubai. A move well welcomed by the emirates industry professionals and legal experts and expected to restore confidence in Dubai real estate sector. The coming law aims to improve the clarity and fairness …
“Tanweer” The awaited Real Estate Investor Protection Law Read More »
Dubai liquidates Cancelled Real Estate Projects By a decree issued last July 2013 by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, a special legal committee will be set up in order to liquidate canceled real estate projects in Dubai. The mission of the …