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 »
Alsuwaidi & Company has been ranked Tier 2 law firm in Chambers and Partners Global 2024 research. Chambers notes that Alsuwaidi & Company “inspires a considerable return of insightful client commentary, indicating a dependable level of service and houses a solid bench of dedicated specialists.” “Alsuwaidi & Company’s ability to handle complex and sophisticated matters is strong. They have …
Alsuwaidi & Company ranked Tier 2 in Chambers & Partners Global 2024 Read More »
The United Arab Emirates (UAE) issued a new Federal Insurance Decree No. 48 (‘Decree No. 48 of 2023’) which was published in the UAE Official Gazette (Issue No. 762), the official periodical of laws and decrees issued by the UAE Federal Government, on 31 October, 2023. Decree No. 48 of 2023 came into force on …
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 …
We are pleased to share with you our contribution to the Chambers Global Practice Guide, Litigation 2024 for the UAE. The latest guide provides expert legal commentary on litigation funding, initiating a lawsuit, representative or collective actions, pre-trial proceedings, discovery, injunctive relief, settlement, damages, appeals, costs, alternative dispute resolution (ADR) and arbitration. Many thanks to Mohammed Alsuwaidi, Reda …
Chambers Global Practice Guide UAE: Litigation 2024 Read More »
Join us in this podcast to explore the dynamic world of intellectual property rights scenario in the United Arab Emirates! In this podcast, our Senior Associate, Rajiv Suri, as a seasoned expert in intellectual property laws, delves deep into the nuances of safeguarding creative intellectual property rights comprising trademarks, patents, designs and copyrights within the …
“ESG, Environmental, Social & Governances, is a hot topic for every business discussion and on top of the agenda for every business strategy meeting.” Mr. Mohammed Alsuwaidi, Managing Partner of Alsuwaidi & Company, and Mr. Suneer Kumar, Head of Corporate and Commercial team, shed light on ESG engagement and litigation in various jurisdictions in …
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 invite you to attend our event “ UAE- The Middle Ground Between Europe, Africa and Asia: The Benefits of a Pluralistic Approach to International Arbitration”, which is scheduled to take place on Monday 13th November 2023, 01:00 PM-3:00 PM at Amal’s Coffee & Tea House, Capital Club Dubai, Gate Village Building 3, …
بالتعاون مع غرفة تجارة وصناعة عجمان سيقيم مكتب السويدي ومشاركوه ندوة حول قانون تنظيم علاقات العمل يقدمها المستشار/رضا حجازي يوم الاربعاء الموافق 13 سبتمبر 2023 الساعة 10 صباحاً. تأتي هذه الندوة ضمن سلسلة فعاليات تهدف إلى تعزيز الوعي حول القوانين والأنظمة والتي سيتم تقديمها من خلال خبراء في المجال القانوني. ندعو جميع الشركات والأفراد المهتمين بموضوع …
ندوة حول قانون تنظيم علاقات العمل بالتعاون مع غرفة تجارة وصناعة عجمان Read More »
We are pleased to share with you our contribution to the Chambers Global Practice Guide UAE: Enforcement of Judgments 2023 This guide provides the latest legal information on the identification of another party’s asset position, the costs and time involved in the enforcement of domestic and foreign judgments, challenges to enforcement, and the process of enforcing arbitral award. Many …
Chambers Global Practice Guide UAE: Enforcement of Judgments 2023 Read More »
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 …
بالاشتراك مع المنظمة العربية للمحامين الشباب نظم مكتب السويدي ومشاركوه بتاريخ 25 يوليو 2023 ندوة علمية من خلال الانترنت حول موضوع : المحاماة والرقمنة تحديات وآفاق، وخلال هذه الندوة تولى عدد من المستشارين من بلدان عربية مختلفة تقديم عروضا تناولت محاور مختلفة بعلاقة مهنة المحاماة بالرقمنة وتحدياتها من ناحية وما يمكن أن توفره من فرص …
ندوة علمية من خلال الانترنت حول موضوع : المحاماة والرقمنة تحديات وآفاق Read More »
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 …
We are pleased to share with you Craig Cothill’s article which featured in the Legal 500 Disputes Yearbook 2023. ‘Legal 500’s ‘Disputes Yearbook 2023’ contains an important article on data flows and data privacy issues in the UAE by Mr. Craig Cothill, Senior Associate resident in Alsuwaidi & Company’s Abu Dhabi office. Cothill’s analysis will …
We are pleased to invite you to attend the Zoom Legal Webinar ‘A Tale of 3 Cities: Overview of the legal systems of Abu Dhabi, Dubai & Hong Kong SAR’ which will commence on Thursday 1st June at 11.00 am UAE time (3:00 pm Hong Kong time). Legal experts from Abu Dhabi and Dubai are …
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 …
“ESG, Environmental, Social & Governances, is a hot topic for every business discussion and on top of the agenda for every business strategy meeting.” Mr. Mohammed Alsuwaidi, Managing Partner of Alsuwaidi & Company, and Mr. Suneer Kumar, Head of Corporate and Commercial team, shed light on ESG engagement and litigation in various jurisdictions in …
We are delighted to share with you that Alsuwaidi & Company has been ranked for the second year Tier 2 law firm in Chambers and Partners Global 2023 research. Our recognition in international legal market is only as good as our representation of you, our client, so I thank you from my heart for your continued support. Why are the …
We are pleased to share with you our contribution to the Chambers Global Practice Guide, Litigation 2023 for the UAE. The latest guide provides expert legal commentary on litigation funding, initiating a lawsuit, representative or collective actions, pre-trial proceedings, discovery, injunctive relief, settlement, damages, appeals, costs, alternative dispute resolution (ADR) and arbitration. Many thanks to Mohammed Alsuwaidi, Robert …
Chambers Global Practice Guide UAE: Litigation 2023 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 …
سؤال يطرحه الكثيرون من الأفراد والمستثمرين غير المسلمين حول عقاراتهم وممتلكاتهم بعد الوفاة وكذلك كافة حقوقهم المدنية الأخرى وهل سيتم تطبيق أحكام الشريعة الإسلامية تلقائيا. أصدر صاحب السمو الشيخ محمد بن زايد اَل نهيان رئيس دولة الإمارات العربية المتحدة مرسوم بقانون اتحادي رقم (41) لسنة 2022 في شأن الأحوال الشخصية المدني. ويطبق هذا المرسوم على غير …
عقارات وممتلكات وحقوق غير المسلمين بالإمارات ومدى تطبيق الشريعة من عدمه Read More »
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 foremost and important requisition of a new trademark application in UAE is the filing of the Power of Attorney. The said document essentially empowers the agent/s or the advocate/s to act for and on behalf of an applicant before the Trademark Office which falls under the auspices of the Ministry of Economy. …
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 »
The Emirate of Dubai in the United Arab Emirates (UAE) is rapidly developing into as being one of the global centers for setting up of operations and dealing in virtual assets and cryptocurrencies. There are new startups in this digital space which encourage innovation in technology and digital assets. With such interests developing comes the …
Dubai – Virtual Assets are accorded statutory recognition Read More »
Decree No (23) of 2022, regulating the grant of Musataha Right over commercial lands in the Emirate of Dubai issued by H.H. Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai. Purpose of the Decree The Decree aims to organise and control exploitation of commercial land …
Regulation of Musataha Rights over commercial lands in Dubai 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 »
Mohamed Elmasry’s recent contribution to the Gulf News focuses on how can you move out of the UAE even if you have upcoming installments. AS PUBLISHED IN GULF NEWS Dubai: if you are planning to move out of the UAE because of a new job offer, how will your decision affect any ongoing loans you …
UAE: Will I be stopped at the airport for an ongoing loan? Read More »
REDA HEGAZY’s recent contribution to the Gulf News focuses on the policy of unused leaves in the UAE’s Labour law. AS PUBLISHED IN GULF NEW What if I am asked to work during my annual leave? If a worker does not avail their annual leave, because the employer has postponed it due to work commitments, …
The policy of unused leaves in the UAE’s labour law 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 »
In today’s day and age where the world is moving towards conducting trade through e-commerce and online transactions, foremost requirement for enabling such digitized transaction/s is to register subjects as users with one’s personal data. Resultantly, such personal data has become a valuable intangible asset for any commercial venture/s which has its online presence. It …
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 …
REDA HEGAZY’s recent contribution to the Gulf News focuses on what does the UAE Labor Law say about employees starting a business on the side? Find out AS PUBLISHED IN GULF NEW Dubai: If you are a full-time employee in the UAE and have business aspirations, you may be wondering about the legality of creating …
Is it legal to start a business while working in the UAE? Read More »
Mohamed Elmasry’s recent contribution to the Gulf News focuses on how travel bans may be placed due to administrative or legal reasons. AS PUBLISHED IN GULF NEWS Dubai: Have you defaulted on your bank loan or have a case pending against you in UAE courts? If so, you may be worried if you have a travel …
Legal internship and training program at Alsuwaidi & Company allow interns and trainees to actually contribute to the Firm’s legal projects and cases. Being one of the top local law firms in the UAE, the program provides the interns and trainees a deeper understanding of the regional legal framework and teaches them important skills that …
Internship and Training Program at Alsuwaidi & Company Read More »
REDA HEGAZY’s recent contribution to the Gulf News focuses on how non-compete clause is void in case of arbitrary dismissal. AS PUBLISHED IN GULF NEWS What the new UAE Labour Law states about the non-compete clause and the exceptions Dubai: If you are changing jobs in the UAE and are planning to work for a …
I’m changing jobs? Can my employer apply a non-compete clause on me? Read More »
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 …
We are delighted to share with you that Alsuwaidi & Company has been ranked Band 2 law firm in Chambers and Partners Global 2022 research. Why are the Chambers Rankings Important? Chambers and Partners is recognized as the worldwide leader in legal performance insights, and their rankings are considered the gold standard for firms and attorneys in …
Alsuwaidi & Company ranked band two in Chambers & Partners Global 2022 Read More »
Alsuwaidi & Company handles all matters before the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM). The off shore legal system operates independently to the onshore system. This short guide aims to give you an overview of the various courts the operate in the DIFC and ADGM. For further information, please …
Alsuwaidi & Company Legal Guide to the DIFC and ADGM Courts 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 »
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 …
We are proud to be this year’s sponsors of Global Arbitration Week Dubai (GAR Dubai). Should you wish to attend the event, you can purchase your tickets here Read More
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 »
REDA HEGAZY’s recent contribution to the Gulf News focuses on how to apply for bail in the UAE. AS PUBLISHED IN GULF NEWS Gulf News spoke with legal experts in the UAE to find out details of how a person can apply for bail, what are the implications of being out on bail and what …
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 …
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 »
What do you need to know? Read Part 1 of 3 of the Alsuwaidi & Company Dispute Resolution Guide in the UAE. REad more
Congratulations to Robert Sliwinski for achieving the award for Dispute Resolution lawyer of the year for the Middle East Robert primarily deals with claims for professional negligence, property, landlord & tenant, delay analysis, costs, variations, defects, interpretation of contracts, repudiation, and many other aspects of contract in the areas of building, civil engineering, mechanical & electrical, …
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 …
“On 17 September 2020 Robert Sliwinski of Alsuwaidi & Company joined distinguished speakers from the Saudi Centre for Commercial Arbitration and ArbDB Chambers discussing ADR in the GCC Region (and in particular KSA) as well as the importance of Arbitration and Mediation to Family-Owned Business, Energy and Infrastructure. The event has assisted in raising awareness …
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 »
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 …
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 …
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, …
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 »
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 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 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 »
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 »
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 »
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 »
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 …
Demystifying the Local Courts, The Seminar by K&L Gates and Alsuwaidi &Company Read More »
Our Firm represented by Mr. Mohammed Alsuwaidi (Managing Partner) and Ms. Stephanie Mouanes (Associate) have attended the 2018 Multilaw Annual Global Meeting event (“AGM”) held in Bangkok, Thailand from 25-28 October 2018. – More than 100 lawyers from 90 independent law firms have attended this event, all coming from different Regions (America, Asia Pacific, Europe, …