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 »
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, …
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 »
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 …
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 »
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 »
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 …
Regulates the benefits, incentives and work of family businesses, governance, management, transfer of shares and dispute resolution in order to enhance their role in the national economy On 10 October 2022, Decree-Law No. (37) on Family Businesses was issued and published in the Official Gazette and it will come into force three months after the …
اعتبارا من 29 سبتمبر 2022، أدخلت وزارة الموارد البشرية والتوطين تعديلا بموجب المرسوم بقانون اتحادي رقم 14 لسنة 2022، بتعديل بعض أحكام المرسوم بقانون اتحادي – رقم 33 لعام 2021 والذي يتناول في المقام الأول تنظيم علاقات العمل. ويبرم عقد العمل لمدة محددة لا تزيد على ثلاث سنوات، ويجوز تجديده أو تمديده باتفاق الطرفين لفترة …
تعديل قانون العمل يسمح بإبرام عقد عمل دون حد أقصى لمدته Read More »
Effective September 29, 2022, the Ministry of Human Resources and Emiratization (MoHRE) has brought into force an amendment vide Federal Decree law No. 14 of 2022 amending some provision/s of Federal Decree – Law No. 33 of 2021 which primarily deal with the Regulation of Labor Relations. The amendment primarily relates to abolishing the maximum …
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 »
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 …
We are pleased to share our recent insight which feathered in In-House Community Magazine on Compliance and Sanctions of Anti-Money Laundering and Countering the Financing of Terrorism in the UAE. The article takes a look on how the United Arab Emirates (UAE) continues to improve its reputation as a premier global financial hub and battle perceptions …
The UAE Cabinet approved the executive regulations of the Federal Decree-Law on Entry and Residence of Foreigners last month, increasing the attractivity of the UAE to live, work and invest in. The Golden Residence Scheme was initially approved in 2020 creating a 10-year renewable residency visa for select groups to attract skilled workers and entrepreneurs …
Anti money laundering (AML) and Know Your Client (KYC) provisions can be tricky to understand. Our latest Alsuwaidi & Company legal guide aims to help provide some clarity in this area. For further information on this and how we can work with you to ensure your organisation is compliant, please get in touch with the …
Anti money laundering (AML) and Know Your Client (KYC) Read More »
The UAE recently updated it labour laws and such will come into effect on 2nd February 2022. Further to receiving queries from our clients about these updates, we have put together a short overview outlining some of the new laws and suggestions on what your company should do to stay compliant and avoid the hefty fines. Read …
The UAE recently updated it labour laws and such will come into effect on 2nd February 2022. Further to receiving queries from our clients about these updates, we have put together a short overview outlining some of the new laws and suggestions on what your company should do to stay compliant and avoid the hefty fines. Read …
The UAE has updated its labour laws. What are these updates and what should you do? 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 »
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 …
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 »
“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 …
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 »
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 …
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 …
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 …
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 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 …
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 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 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 »
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 »