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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 Hadef & Partners

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New York Convention: Lack of jurisdiction prevents enforcement in UAE

November 2013 - Litigation & Dispute Resolution. Legal Developments by Hadef & Partners.

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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.

 

PLEDGES OVER SHARES (QUOTAS) IN ONSHORE LLCS - WHEN THE NEW CCL IS PUT INTO EFFECT...

November 2013 - Corporate & Commercial. Legal Developments by Hadef & Partners.

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IS IT ALL DOWNHILL...

The much awaited new commercial companies law is widely expected to enable the grant of registered pledges over shares (or, quotas) in limited liability companies. The effect of the possible legislative development and its potential to aid financing transactions may need to be carefully considered.

 

ARE POST-TERMINATION RESTRICTIONS WORTH THE PAPER THEY’RE WRITTEN ON?

November 2013 - Employment. Legal Developments by Hadef & Partners.

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In this article, Jamie Liddington addresses some of the questions which employers frequently pose when dealing with post-termination restrictions.

 

A common fear among employers is the risk that senior employees (in particular, those in possession of confidential information or who have formed close client or customer connections) leave to join a competitor or set up their own competing business. While Federal Labour Law No.8 of 1980 (as amended) (the "Labour Law") includes provisions which seek to assist employers in trying to prevent this risk from materialising, it remains a vexed topic among employers as the application of the Labour Law in relation to this topic often gives rise to uncertainty.

 

USE IT OR LOSE IT – ANNUAL LEAVE – EVERYTHING YOU NEED TO KNOW

November 2013 - Employment. Legal Developments by Hadef & Partners.

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Reece Leggett helps employers and employees understand their rights and obligations.  In brief this article addresses the law surrounding annual leave. In particular it discusses:

 

·         an employee's minimum leave entitlement;

 

·         situations where accrued leave can be carried forward to another year or encashed; and

 

·         how accrued but unused leave is treated at the end of an employee's period of service.

 

Both employers and employees need to understand their rights and obligations when it comes to annual leave. In most cases employees will use up their annual leave allowance during the course of the year.  However situations arise where an employee is unable or chooses not to take accrued annual leave. This may be because an employer requires an employee to work through a holiday to complete an urgent project, or alternatively an employee may try to accumulate annual leave (by not taking it) over a long period in anticipation for a larger payout when they leave.  Employers and employees must be careful as these actions may inadvertently not comply the law, or result in the leave entitlement being lost without recourse or recompense.

 

 

DIFC EMPLOYMENT LAW: WHY 2013 WON’T BE LIKE 2005

February 2013 - Employment. Legal Developments by Hadef & Partners.

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"On January 24th, Apple Computer will introduce Macintosh. And you'll see why 1984 won't be like "1984""

The Reluctant Poacher - Focusing on the fundamentals

November 2012 - Employment. Legal Developments by Hadef & Partners.

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Foreign labour migration in the UAE (and, indeed, the AGCC in general) is characteristically transient, a trait which is further exacerbated by the increasing liberalisation of local sponsorship transfer rules. The departure of the original employer's talent pool to a competitor will inevitably impact upon its business, especially if the departures lead to loss of key customers or clients, damage to the company's competitive edge and other critical elements of profitability. Mandeep Kalsi reports

Enforcement of foreign arbitral awards against UAE counterparties

June 2012 - Litigation & Dispute Resolution. Legal Developments by Hadef & Partners.

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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.

When boom turns to bust: protective measures in the UAE engineering and construction industry

June 2012 - Projects, Energy & Natural Resources . Legal Developments by Hadef & Partners.

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In this article Anthony Edwards considers the extent to which the Dubai legal framework has served the construction industry in terms of protecting parties from the consequences of what happens when the boom times turn to bust. This article is the first in a series by Hadef & Partners’ Engineering & Construction Group.

The legal framework concerning Abu Dhabi oil concessions

June 2012 - Projects, Energy & Natural Resources . Legal Developments by Hadef & Partners.

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Michael Webb comments on the possible opportunities for new entrants and international oil companies with an established presence in Abu Dhabi in connection with the upcoming renewal of the ADCO and ADMA-OPCO oil concessions.

Salient provisions of the draft UAE Federal Bankruptcy Law

May 2012 - Finance. Legal Developments by Hadef & Partners.

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James Farn, Partner and Head of Banking & Finance in Hadef & Partners’ Abu Dhabi office, details the salient provisions of the draft UAE federal bankruptcy law and their practical effect on conducting business in the UAE.

Choice of jurisdiction - a new layer of considerations

May 2012 - Corporate & Commercial. Legal Developments by Hadef & Partners.

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It is beyond doubt that the ground breaking change to the courts law at the end of 2011, by which the DIFC Courts’ jurisdiction was extended, is a significant and positive step for Dubai. However, any decision to opt into the DIFC Courts’ jurisdiction is one to be approached with care and knowledge.

The new UAE law on commercial companies - what does it mean for foreign investors?

May 2012 - Corporate & Commercial. Legal Developments by Hadef & Partners.

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The long-awaited UAE law on Commercial Companies which, at the date of writing, is in a draft form (New CCL) is expected to be promulgated in the coming months. The New CCL will introduce a number of new provisions, which set out major, and generally welcome, departures from the existing UAE Law on Commercial Companies (Existing CCL).

Guide for foreign companies setting up in the UAE

May 2012 - Corporate & Commercial. Legal Developments by Hadef & Partners.

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There are a variety of corporate structures available to foreign companies seeking to set up in the UAE. In this article, we take a look at those most commonly used.

Overview of ship arrests procedures in the UAE

May 2012 - Transport. Legal Developments by Hadef & Partners.

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The United Arab Emirates (UAE) has a long and proud maritime tradition, and is an important strategic hub for shipping in the Arabian Gulf. From time to time, it may become necessary to arrest vessels trading to and from, and located in the UAE. This article will briefly examine the relevant statutory and procedural framework for conducting vessel arrests in the UAE.

The challenge of defining an administrative contract in the UAE

May 2012 - Corporate & Commercial. Legal Developments by Hadef & Partners.

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In Middle Eastern jurisdictions, contracts concluded by the governments are subject to a particular regulatory framework, both in terms of governing law and dispute resolution. Rana El Hussieni demystifies the position of administrative contracts and the prevailing judicial system.