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THE APPLICABILITY AND ENFORCEABILITY OF CONDITIONAL CLAUSES IN THE CONSTRUCTION CONTRACTS UNDER THE UAE LAWS

M&CO Legal | October 14, 2021

INTRODUCTION “Conditional Payment Clauses” also generally known as “back to back provisions” commonly form part of the construction contracts[1] in the UAE and are frequently incorporated therein. Generally speaking, such provisions are a common feature of the sub-contractor’s / sub-consultant’s payment terms[2], and subject the payment of the sub-contractor/ sub-consultant to a suspensive condition, e.g. …

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What you need to know about patent litigation?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

The United Arab Emirates has built up a rigorous intellectual property protection regime in the country. The UAE is also a signatory of various international treaties relation concerning intellectual property protection such as the ‘World Intellectual Property Organization Convention’ (WIPO), ‘Trade-Related Aspects of Intellectual Property Rights’ (TRIPS), ‘Paris Convention for Protection of Industrial Property’, ‘Patent …

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What are the types of fraud done by bank cheque?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

Cheque fraud can be described as ‘depositing of a fake or manipulated cheque’. Cheque frauds are increasingly common in many jurisdictions, and therefore, it is important to understand the various types of cheque frauds and how to avoid them. In this article, we will be discussing the various types of cheque frauds and also the …

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What are the punishments for child abduction in the UAE?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

Abduction in legal terms refers to ‘taking a person away by means of persuasion, fraud, or force’. It can also be an act of unlawful interference with a family relationship, such as the taking of a child from its parent, irrespective of whether the person abducted consents or not.  

New Updates: Health, safety measures & fines during Expo 2020

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

The much-awaited world expo has begun this October 2021 in Dubai. Originally scheduled for October 2020 and later postponed to 2021 due to the effects of covid-19 and the related travel restrictions. However, just one year from the earlier date, the UAE is back at the forefront and ready to welcome the world spectators to …

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What are the conditions to receive child support?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

The Federal Law No. 28 of 2005 and its amendments (“Personal Status law’) govern all aspects concerning marriage, divorce, and child custody and succession rights in the United Arab Emirates for both UAE nationals and residents. In addition, the Islamic principles of the Sharia law guide the said law and its application. However, under certain specific …

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How can arbitration be enforced?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

An arbitration proceeding is similar to traditional court litigation in many ways. However, it has many advantages to offer in comparison to traditional litigation. An Arbitration procedure is private and confidential and, in many ways, faster and less expensive when compared to traditional litigation channels. For these advantages, companies often prefer to choose arbitration proceedings …

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UAE : Highlights on penalties for use, possession of narcotics and illegal substances

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

All citizens, residents and tourists to the United Arab Emirates must be aware of the non-tolerance for drugs in the region. The UAE has a strict drug policy and laws in place which enforce ‘zero tolerance’ for drugs. In this article, we would highlight the main provisions of the UAE drugs law and the applicable …

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Facing a Rent Increase? Know your rights and options legally

Awatif Mohammad Shoqi Advocates & Legal Consultancy | October 11, 2021

In Dubai, the rental increase is subject to the provisions of Decree number 43 of 2013, determining the rent increase for real property in the emirates of Dubai (the “Decree”).

Is it possible for foreign investors to have a big loan?

Awatif Mohammad Shoqi Advocates & Legal Consultancy | September 30, 2021

The United Arab Emirates has consistently sought to develop the UAE into a pro-business region and to have the best of facilities and policies that encourage foreign direct investments. The UAE has progressed in leaps and bounds and has established itself on the global page. It no longer identifies itself as an economy that is …

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