The Legal 500

In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.


by Richard Catling - r.catling@tamimi.com

by Nick O'Connell - n.oconnell@tamimi.com

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

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

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.