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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

 

Legal Developments Worldwide

Articles contributed by Al Rowaad Advocates & Legal Consultants

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Arbitration Article Series V: Challenging an Arbitration

October 2017 - Litigation & Dispute Resolution. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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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.

Investors win Dh84m claim against developer in Dubai

October 2017 - Real Estate & Property. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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A Dubai developer has been ordered to pay three men Dh84m after they failed to deliver villas the men had purchased from a housing project near Dubai Land.

Arbitration Article Series IV: Enforcing Arbitration Awards

October 2017 - Litigation & Dispute Resolution. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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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

September 2017 - Litigation & Dispute Resolution. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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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

September 2017 - Litigation & Dispute Resolution. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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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

September 2017 - Litigation & Dispute Resolution. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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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.

An Introduction to Corporate Guarantee

August 2017 - Finance. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending or providing other banking facilities to family or other private businesses, primarily on the strength of the “name” or “names” of the proprietors standing behind the business, rather than on the strength of the asset quality and underlying credit of the particular business. Of course, in practice, there is commercial overlap between the proprietors and the companies which they own, but the credit analyses can break down where poor banking practices and procedures result in poorly constructed legal documentation and gaps in guarantee and security support documents.

An Introduction to Personal Guarantee

August 2017 - Finance. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism. According to common practice in the UAE, the most secure and quickest method is the post-dated -  and in some cases undated â€“ cheque. This is often requested by creditors (financial institutions) and sellers, mostly in real estate transactions and trade. The rationale is mostly economic to individuals who are issuing the cheque, and how does personal guarantee play a role? In this Article, we attempt to analyze and overview UAE laws on Personal guarantee.

The Rules and Procedures Followed Before the Criminal Courts under the UAE Criminal Procedure Law

July 2017 - Crime. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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After having explained the procedures of transferring cases to the criminal courts, in this part we will describe the procedures following the transfer and the rules to be followed before the criminal judge in the hearings.

Arresting Orders Under The Uae Criminal Procedure Law

July 2017 - Crime. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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It has been noticed that many of our colleagues based abroad are contacting us here in the UAE for their clients who were unfortunately arrested at one of the Airports in the UAE for some criminal charges. Their query usually relates to what the expected procedures are. 

Al Rowaad is Available Around the Clock 24/7

July 2017 - Employment. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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Al Rowaad Advocates is also pleased to announce it is now even easier to access our team of legal experts in Abu Dhabi and Dubai at any time. We understand that legal emergencies can happen at any moment, so we have created two round-the-clock services through which you can reach us. 

Dubai Court Rejects Extradition Request for 'Wanted' Russian Woman

June 2017 - Crime. Legal Developments by Al Rowaad Advocates & Legal Consultants.

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A Russian woman, wanted for fraud in her country, will not be extradited after Dubai Courts rejected the request.