The Legal 500

Shahram Safai, Arsalan Shaikh, Andrew Yule, Christopher Linwood and Omar Ayad
Afridi & Angell

What have been the main trends in the real estate market in your jurisdiction over the last 12 months? What have been the most significant deals? 

International businesses must devote ever increasing resources to avoid involvement in anti-corruption offences. Of course, for decades the strict provisions of the U.S. Foreign Corrupt Practices Act, or FCPA, have applied to American corporations, defined broadly to include entities whose securities are listed on American stock markets. These provisions have led to many non-U.S. corporations being caught in FCPA violations.

Haider K Afridi and Chatura Randeniya
Afridi & Angell

How is commercial arbitration used in your jurisdiction? What are the recent trends? What are the general advantages and disadvantages of arbitration compared to court litigation in your jurisdiction? 

Few things are as certain as disputes in construction projects. The Middle East has been, and will continue to be, a hub for construction activity.

The Dubai Government recently issued Law No. 16 of 2011 on Amending Some Provisions of Law No. 12 of 2004 Concerning the Dubai International Financial Centre Courts (the “Law”). The effect of the Law is that it significantly expands the jurisdiction of the Dubai International Financial Centre (“DIFC”) courts. In addition to providing parties with no connection to the DIFC the option of resolving disputes through the DIFC courts, the Law also opens up the possibility of avoiding the UAE court system and allowing parties to opt for an English-based, common law court.

I was recently asked, on two occasions within one week, to advise on online service providers’ (“OSP”) liability in connection with copyright infringing material.

Gordon Blanke and Soraya Corm-Bakhos, Arbitration department, Habib Al Mulla & Company

It is commonplace in international arbitration theory that an arbitral award is not worth the paper it is written on unless it is easily enforceable. Unfortunately, enforceability is not always a given in international arbitration practice. Enforcement of foreign awards in the UAE may serve as an instructive example.

The UAE Judiciary operates under a civil law system which is largely influenced by Islamic and European civil law; also, civil matters between Muslims are governed by Shariah law. In addition to subject-specific legislation which covers a variety of matters, the UAE has also adopted commercial and civil codes. 

If the transient bout of economic recession is kept aside, yester years witnessed huge growth in the financial sector of the UAE. This inspired a big chunk of expatriate population to relocate to the UAE both for employment and investment. With the most congenial economic and employment ambience created by the visionary rulers of the country, many of the expatriates made significant economical gains too.

Mark Gilligan & Douglas G. Smith: September 2011 

UAE Agency law impacts upon many different aspects of commercial life in the United Arab Emirates. The governing law, Federal Law No. 18 of 1981 (“the Agency Law”), is extremely broad and captures commercial activities ranging from a classic principal/agent relationship to franchising and distribution agreements. The Agency Law is a framework which serves to champion the rights of the local commercial agent, normally at the expense of the (typically foreign) principal.