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United Arab Emirates > Legal Developments > Litigation & Dispute Resolution > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Right of Set off under the UAE Civil Transaction Law No. 5 of 1985 and the view from the DIFC

In a 2018 judgment the DIFC, discussed and decided upon the concept of set-off under the UAE Civil Transaction Law No. 5 of 1985 (the “Civil Code”).

How can you obtain long-term residence visa in UAE?

Legal Consultants in Dubai have shed some light on the recent update or regulation passed by the UAE Cabinet which will be implemented on 03 February 2019 allowing residents to obtain long term visa. 

SPORTING THE LAW | The UAE PERSPECTIVE

Developing transparent and sustainable regulatory structures that conform to global measures: International sporting events have undergone tremendous metamorphosis over the past few decades, and today they generate large amounts of revenue throughout the world. Europe, Africa and Middle East account for the second largest sports market in the world whilst sponsorship being one of the fastest growing segments. With advocacy of the assiduous sovereign counsel and an exemplary think tank, the UAE, in particular, has earned prominence as a hosting destination for world sporting events.

Extradition treaty between UAE and India

It is a formal demand sent by one nation to another through diplomatic routes, for the latter to surrender the person who has committed the offence in the requesting country to their authorities. 

3 POINTS TO REMEMBER IF YOUR SPOUSE ABDUCTS YOUR CHILD TO UAE

3 POINTS TO REMEMBER IF YOUR SPOUSE ABDUCTS YOUR CHILD TO UAE

Family Lawyers of Dubai have seen a tremendous increase in cases of Parent-Child Abduction from one country to another in an estranged marriage. Through this article, I will highlight three important points to be considered by either spouse, if the other half has abducted the child from another country to the UAEwithout proper authorization and consent. Children are always caught up in these despicable events. Nevertheless, such situations can be prevented by taking calculative legal steps within the UAE.

Points to remember when enforcing foreign judgement

UAE legislative framework empowers courts to enforce judgments issued by foreign courts under specific conditions. 

CAN A TRAVEL BAN BE IMPOSED ON PERSONAL GUARANTORS?

Think about this situation - You are a majority shareholder of an organization which is confronting financial issues. The company applied for a bank loan. 

How can you avoid debt in UAE?

The vast majority of residents in the UAE float through their day to day lives without really thinking about their spending standards to control our ways of managing their budget.

First Nullification of a Domestic Arbitration award under the umbrella of the new Federal Arbitratio

Abstract:

Recently, the UAE has promulgated Federal Law Number 6 for 2018 (UFAL 2018) at the time when procedures for ratifying of arbitral awards have been changed substantively. The new UAE federal law (hereafter referred to as UFAL 2018) has replaced the enforceability of Articles 203-218 of the Civil transaction code promulgated by law number 11 of 1992 (hereafter referred to as CPC). These provisions were mainly linked to the definition of the Arbitration clause, types of disputes that could be resolved by arbitration and that show how to ratify such awards by Dubai courts in order to execute reliefs awarded thereof . The UFAL 2018 stipulated that the provisions of the said law shall be only applicable to all ongoing arbitration proceedings from the time the law came into force.

What is Finance Lease?

UAE Federal National Council recently issued a Federal Law number 8 of 2018 governing financial leasing (the Law) within the country. The Law prohibits any company from undertaking activities of financial leasing without a relevant license from the Central Bank of UAE. 

UAE Law: Choice of governing law and Jurisdiction

Significant growth in the international trade and commerce has appended eminence to clauses of dispute resolution in the private international law. In a globalized world, everything is believed to be moving at a speed of knot. New innovative techniques have enormously affected the manner in which business is conducted. 

Can you claim legal costs in arbitration?

Isn’t it too complex and too expensive to proceed with arbitration? What all costs can we recover in this arbitration apart from the claim? Can we claim attorney’s fees or legal costs from this arbitration? There are few but very frequently asked questions from the Lawyers in UAE, and the answers to these questions can be spotted in this article.

One of the most appealing advantages of turning to arbitration is the tribunal’s authority to award legal costs and expenses. These would ordinarily incorporate the arbitrator's fees and any other costs incurred in any arbitration institution. It is a recent practice in UAE among commercial parties to empower the tribunal to award legal costs either within the Terms of Reference or drafting a special provision for the same. However, under certain circumstances, the ability of the tribunal to grant legal costs is a challenging task. Consequently, the Arbitration Lawyers of Dubai have simplified it through this article for all the commercial parties in arbitration or desiring to file for arbitration. The concerned article will emphasize the most prominent arbitration institute of Dubai that is Dubai International Arbitration Centre (DIAC). The article is divided into several categories to comprehend the status of each case easily.

Legal Consultants in Dubai: Discussing Legality of Verbal Contracts

A verbal contract is valued as much as the paper it is written on. While discussing and preparing for an important case, I found myself thinking the legalities of verbal contracts and the misconception towards their unenforceability.

Recent Amendments in the Civil Law Procedure

UAE Legislators on 9 December 2018 issued a Decision of Council of Ministers Number 57 of 2018 (the Decision) regarding the recent amendments in Federal Law Number 11 of 1992 concerning the UAE Civil Procedure Code (the Civil Law). 

Visa Extension for Divorced Women

UAE Federal Law Number 6 of 1973 concerning entry and residence of foreign national as thereafter amended by Federal Law No. 13 of 1996 regarding the Immigration Law (Immigration law) along with several ministerial decisions governs the rules and regulations pertaining to the issuance of visas in the country. 

Significant Changes to Civil Procedure Code

Significant changes to Federal Law No 11 of 1992 (the Civil Procedure Code) will soon be coming into effect. These changes are introduced through regulations (the Regulations ) issued under the Civil Procedure Code and will come into effect on 16 February 2019.

Overview of the Bankruptcy Proceedings and Preventive Measures in the UAE

Before the approval of the UAE Federal Decree Law No. 9 of 2016 (the “Bankruptcy Law”) by the UAE Cabinet on 4 September 2016, the bankruptcy proceedings were regulated under the Commercial Code and were limited to court-driven proceeding addressed to liquidate companies rather than assist in restructuring their debts. This new law puts some light on the regulation on how companies should deal with their financial issues. In below article, our Associate from the Dispute Resolution department, Ahmed Salih talks about the bankruptcy proceedings and the preventive measures in the UAE. With over 10 years of experience in the UAE and Sudan, Litigator Ahmed Salih specializes in Commercial Law, Corporate Law, Civil Claims, Labour Disputes, Shari'a Law, personal status cases, Real Estate Claims, and Bankruptcy.

Time-bars, time limits and deadlines for legal cases under UAE law

Under UAE civil law – like in other civil law systems – not all time-bars are mentioned and dealt with in one particular statue. Our Partner, Alessandro Tricoli, and Senior Associate, Shehab Mamdouh explains the different time bars, time limits and deadlines for legal cases under UAE law.

UAE Shipping Companies Seek VAT Exemption

The UAE has climbed to sixth place in 2017 from seventh in 2015 on the list of the future leading maritime capitals.

The UAE maritime industry is seeking exemption from the value-added tax as industry falters.

Maritime Executives in the United Arab Emirates are lobbying the government to reduce new value-added tax obligations, saying they threaten their slim profit margin and could cause companies to move elsewhere.

The industry leaders also stated that tax endangers industry struggling with narrow margins.

In a recent article in Bloomberg BNA, our Managing Partner, Jasamin Fichte highlighted some of the latest concerns and their possible solutions such as –

  • What effect has the introduction of VAT had on the UAE maritime industry?
  • Should the industry be exempted or zero-rated? If so, what services/supplies should that apply to?
  • What is the likelihood that the UAE government would agree to exempt/zero-rate the industry?

To read the full article, click here.

All You Need to Know About Debt Recovery Procedures in the UAE

According to the 2018 Global Ranking on Debt Collection, UAE is one of the most challenging places in the world for recovering the debt. With this in mind, keeping an eye on your cash-flow and expenditures are more vital than ever! Fichte & Co.’s dedicated Corporate and Litigation teams provide specialized commercial advice both for creditors and debtors and offer a tailor-made solution, including methods of recovery involving both judicial and quasi-judicial proceedings. Our debt recovery services minimize the time and expenditure involved in the pursuit of defaulting companies or individuals by applying a “No Cure – No Pay” policy. In the below article, our Associate & Litigator, Moaz Mustafa explains the debt recovery process, the court procedures and the time limitation in the UAE.

Examining FIDIC Construction Contracts: Part 1 – The Dispute Adjudication Board

It is usual for construction and infrastructure projects in the UAE to be procured under FIDIC-based construction contracts, with varying degrees of amendment. Although FIDIC- Fédération Internationale Des Ingénieurs-Conseils (International Federation of Consulting Engineers) contracts are generic and internationally recognized standard form construction contracts, they require amendment for use in the UAE market. In the below article, our Litigator, Mahmoud Ahmed talks about few terms & conditions of this most popular and widely used FIDIC contract.

Application for an Anti-Suit Injunction: Dismissed

Legal update on the dismissal of the anti-suit injunction in the groundbreaking DIFC case of ED&F Man Capital Markets MENA Ltd v RJ O'Brien MENA Capital Ltd (and others).  Read more...

Dubai relaxes rules on filing appeals before the Court of Cassation

On 19 September 2018, H.H. Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, issued Decree No. 28 of 2018 concerning the Acceptance of the Civil Petitions before Dubai Courts (the Decree). The Decree was issued by His Highness to address the procedures in filing appeals to the Court of Cassation. The Court of Cassation is the highest court in Dubai. pdf Read more...

All You Need to Know About Debt Recovery Procedures in the UAE

According to the 2018 Global Ranking on Debt Collection, UAE is one of the most challenging places in the world for recovering the debt. With this in mind, keeping an eye on your cash-flow and expenditures are more vital than ever! Fichte & Co.’s dedicated Corporate and Litigation teams provide specialized commercial advice both for creditors and debtors and offer a tailor-made solution, including methods of recovery involving both judicial and quasi-judicial proceedings. Our debt recovery services minimize the time and expenditure involved in the pursuit of defaulting companies or individuals by applying a “No Cure – No Pay” policy. In the below article, our Associate & Litigator, Moaz Mustafa explains the debt recovery process, the court procedures and the time limitation in the UAE.

Overview of the Bankruptcy Proceedings and Preventive Measures in the UAE

Definition of bankruptcy:

Legally speaking, bankruptcy is an expression used to describe a legal status in which a natural (individual) or legal (company) person owes a sum of money to third parties and ceases to pay its debts when they fall due because of its troubled financial position and insolvency.

Arbitration Article Series V: Challenging an Arbitration

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.

Arbitration Article Series IV: Enforcing Arbitration Awards

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.

Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai. The arbitration process is the preferred method to resolve disputes by commercial companies. As the certified language of arbitration proceedings is in English, a specialist tribunal can be appointed as opposed to the more broad UAE courts, and arbitration is generally more cost-effective and less time-consuming. This has led businesses and investors in the UAE to ensure that arbitration clauses or agreements are inserted into their contracts. Furthermore, the downturn in economic conditions in the real estate market over the past few years has led to an increase in disputes in general, and parties are more likely to issue court proceedings than to try to recover their losses through other ventures.

Arbitration Article Series II: Appointing Arbitrators

An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to make an application. The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an arbitrator. There must be an odd number of arbitrators, although there is no limit set on the number of arbitrators.

Arbitration Article Series III: Terms of References

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the UAE courts to require the foreign award to satisfy the rules and procedures of the UAE, and they may refuse to enforce it if there is a violation of local laws. One potential difficulty arises in convincing the UAE court that it did not have jurisdiction to hear the dispute in the first place (irrespective of the arbitration agreement between the parties). The UAE courts normally have a fairly broad jurisdiction over disputes including, for example, claims connected to money or assets within the UAE and claims arising out of contracts executed or to be performed in the UAE, as well as claims over foreigners who are resident in the UAE. Therefore, it is difficult to prove that the UAE court did not have jurisdiction over the order.

Midnight Arbitration Clause v. 8:00 a.m. Clause

By: Ashraf El Motei LL.M., MCIArb

In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.

Dubai Court's Ruling Against Developer

Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.

When A Marriage Breaks in the United Arab Emirates

Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.

New York Convention: Lack of jurisdiction prevents enforcement in UAE

The arbitration enforcement proceedings brought by Construction Company International (CCI) against the Ministry of Irrigation of the Government of Sudan (MOI), for whom our firm acted, has now passed through all three tiers of the Dubai Courts. The Dubai Court of Cassation (Case No. 156/2013 Civil Cassation) rejected CCI's arguments and upheld the judgments of the lower Courts. This means that all three tiers of the Dubai Courts, having considered the applicability of the New York Convention, refused to recognise and enforce two ICC Paris arbitration awards on the ground that under the UAE's procedural laws the Court had no jurisdiction. This result is likely to be viewed with concern by arbitration practitioners based in Dubai and worldwide.

 

Enforcement of foreign arbitral awards against UAE counterparties

The merits and de-merits for seating arbitration in the DIFC using the DIFC-LCIA Arbitration Rules for contracts with UAE counterparties are explored by Reema Ashraf, Jonathan Brown and Valeria Lysenko.

United Arab Emirates

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? 

Country Q&A: Arbitration 2010/11

Please give a brief overview of the use of commercial arbitration in your jurisdiction, including any recent trends. What are the general advantages and disadvantages of arbitration compared to court litigation in your jurisdiction?

UAE - Dispute Resolution 2009/10

Commercial disputes in the United Arab Emirates (UAE) are generally resolved through litigation in the courts or arbitration. Arbitration is becoming an increasingly popular way to resolve disputes. The UAE recently signed the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).

Draft Arbitration Laws Published by Ministry of Economy and DIFC

If enacted, two draft arbitration laws released for consultation in February 2008 stand to put the UAE at the forefront of arbitration in the Middle East.