Accidental injuries are commonplace in any modern society. Such injuries are usually remedied by courts through compensation and damages awarded to the injured party, thus assigning some liability to the injurer, whether such injury was caused by a direct act or an indirect one. There are two legal systems in Dubai, the onshore courts which…
1. Governing Texts 1.1. Legislation relevant to employee monitoring The United Arab Emirates (‘UAE’) is a federation of seven emirates, and all emirates are subject to the UAE constitution and a set of federal laws while retaining the right to administer their own internal aairs and to manage their wealth through a local legal infrastructure.…
1. What legislation applies to arbitration in your country? Are there any mandatory laws? The legislation which applies to an arbitration is dependent on whether the arbitral process (i.e. the lex arbitri) is subject to the Federal Civil Law system of the United Arab Emirates (“UAE”), or by the laws of two distinct jurisdictions I.e.…
Anti-corruption Q&A 1. Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern anti-corruption in your jurisdiction, from a regulatory (preventive) and enforcement (criminal) perspective? 1.1.1 The United Arab Emirates (UAE) has been fighting bribery and corruption since the 1980s with the enactment of Federal law 3/1987 otherwise known as the UAE Federal Penal…
1. What are the sources of payments law in your jurisdiction? The United Arab Emirates (“UAE”) consists of “onshore” (“UAE Onshore”) and financial free zone jurisdictions, to which different sources of payments law apply. There are currently two financial free zones in the UAE: the Dubai International Financial Centre (the “DIFC”) and the Abu Dhabi…
Intellectual Property Right Assignments Q&A: United Arab Emirates Key aspects of intellectual property right assignments Definition of IP rights 1. Does the definition of “Intellectual Property Rights” in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights? The…
Overview 1.1 Describe your jurisdiction’s sanctions regime The United Arab Emirates (“UAE”) has a complex sanctions regime based on a variety of sources. Sanctions are based on diverse interests, including political, economic and national security interests. Due to the rapidly changing nature of such interests, sanctions are susceptible to significant and constant changes. Sanctions in…
UNITED ARAB EMIRATES Authors: Michael Kortbawi and Adam Tighe I INTRODUCTION i. Legal framework Article 383 of Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (the Civil Code) states: (1) if that which is required of an obligor is . . . the exercise of care…
In a construction dispute between the subcontractor and the main contractor, the chairman of a tribunal was challenged for failing to allow equal opportunities to the parties in presenting their case, whilst issuing various procedural directions purportedly on behalf of the tribunal. The relevant arbitration authority reviewing the challenge, rejected the reasons argued therein but…
UAE Companies – How Your Business May Be Affected If you are operating an onshore or offshore entity in a “no or only nominal tax jurisdiction” (referred to hereinafter as a “noon”), which amongst others, holds shares or licenses intellectual property and receives operational income from other jurisdictions this article should be important to you…