Dispute Resolution
Be aware: Defaulters in UAE may be pursued in India
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
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Ensuring Validity of Arbitration Agreements in the UAE
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 This law repealed Articles 203 to 218 of Federal Law No. (11) of 1992 or the UAE Code of Civil Procedures and further has
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Economic Substance Regulation of UAE
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
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Key Changes of the New DIFC Employment Law
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
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Introduction to the UAE’S Court System
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
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Key Highlights on the UAE Insolvency Law
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
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Foreclosure and Legislative Challenges for Islamic Banks
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.
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Basics of Bounced Cheques in Dubai
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
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Well-Known Trademarks, Standards & Protection
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
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Eligible Sectors for 100% Foreign Ownership in the UAE Now Defined
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
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Trademarks – a Brief Guide to Protecting your Business in the UAE Relating to non-use and Licences
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
The Legitimacy of Arbitration as a Means of Dispute Resolution
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
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Demystifying the Local Courts, The Seminar by K&L Gates and Alsuwaidi &Company
Our Firm’s Managing Partner Mr. Mohammed Alsuwaidi conducted a seminar along with K&L Gates at the Ritz Carlton in Dubai on Monday 10 Dec. 2018 whereby he spoke about “Demystifying the UAE Local Courts”. Mr. Alsuwaidi explained to all the attendees about the insights into the UAE Civil & Criminal Courts including structure, procedures, applicable
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