A&C Legal Guides – Guide to Litigation & Arbitration in the UAE Part 1
What do you need to know? Read Part 1 of 3 of the Alsuwaidi & Company Dispute Resolution Guide in the UAE. REad more
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Knowing and understanding the UAE Court system: a comparison of the legal civil procedures between the DIFC and Dubai Courts’ systems
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 …
Does COVID-19 really result in a force majeure claim under FIDIC?
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 …
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In the UAE, is the spread of the coronavirus considered as a force majeure in construction contracts?
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 …
The enforcement of arbitral awards and foreign provisions within three days in United Arab Emirates
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 …
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 This law repealed Articles 203 to 218 of Federal Law No. (11) of 1992 or the UAE Code of Civil Procedures and further has …
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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 …
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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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 …