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Force majure and Frustration under Indian Law

The spread of COVID-19 has occasioned serious implications for the global economy. It has also affected, in particular, party obligations under contracts. In this light, the present note provides a broad overview of the principle of force majeure and the doctrine of frustration under Indian law. This note does not constitute legal advice. Force majeure literally means a ‘superior force’. Broadly, it refers to circumstances where performance of a contract is prevented by an event or circumstance beyond that party’s control. Instances of such events include war, natural calamities, civil ...
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Force Majeuere Claims and Construction Contracts in the UAE

Eric Teo – Head of International Practice & Special Projects “Force Majeure” is a buzzword in these uncertain times that we face the COVID-19 outbreak. I have received several questions about it in relation to construction contracts in the UAE. This article provides a general guideline that I would like to share. In respect of contractual obligations, there must be an element of “impossibility” to carry out the obligations before the affected party can rely on Force Majeuere under UAE law to either terminate its obligations under the contract or seek other kinds of reliefs. By prac...
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Service of Proceedings

The UAE cabinet recently approved amendments to Federal Law No. 11 of 1992 on the Civil Procedure Law by supplementing certain provisions via cabinet resolution number 57/2018 which came into effect on 16 February 2019. In this article we will stress on enhanced changes made to the “Service of Proceedings” by highlighting the below salient points; as follows: 1. The time scale for the serving of court notices has been extended between 7 am to 9 pm, which previously could only take place between 7 am to 6 pm. Moreover, such services can take place at any time during non-business days by a...
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Economic Substance Regulations

The UAE Cabinet has issued Ministerial Resolution No.31 of 2019, requiring all in-scope UAE entities which conduct certain activities (Relevant Activities) to have demonstrable economic substance in the UAE. As a result of the promulgation of the Resolution, the UAE was removed from the European Union's blacklist by the Code of Conduct Group on Business Taxation. The Regulations apply to all UAE onshore and free zone companies (including in the financial free zones) that carry on and generate income from one of the “Relevant Activities” listed below (Relevant Entities): Banking D...
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Execution of civil decrees passed by courts in the UAE can be enforced in India

The Republic of India and the United Arab Emirates established diplomatic relations in 1972, and India is considered to be one of UAE’s largest partner in many aspects. In January 2020, the Ministry of Law and Justice in India issued a gazette declaring the UAE as a "reciprocating territory" for the Code of Civil Procedure and identifying the superior courts in the UAE, thereby facilitating the execution of UAE civil court orders through Indian courts; which reads as follows: “In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1...
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Construction Disputes in the UAE – the Common Issues Ten Years On (Part 2)

By Eric Teo* - Head of International Practice & Special Projects This is the second part of my two-part article revisiting an article written almost ten years ago about the common contractual issues in the UAE's construction industry (the old article[1]). In part one[2], I highlighted that these issues still prevail in the UAE and that they are consistent with the findings of Arcadis in its 2019 report[3] regarding the top causes of construction disputes in the Middle East. In part one, I have discussed issues concerning: (i) the contractor’s right to suspend works, (ii) the engineer's...
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Key Distinctions in the Legal Landscape between the UAE and India that Indian Investors in the UAE need to understand when considering Investing

By Shoeb Saher - Senior Counsel Indian companies with robust balance sheets, ready access to capital and strong positions in their domestic markets are increasingly looking to expand globally to new growth markets as the local markets become saturated. The Middle East and North Africa (MENA) region shows immense potential for growth; however, companies often wonder how to manage the downside risks, including political instability, infrastructure deficits, difficulty in attracting top talent, environmental degradation and other challenges associated with the MENA region. The United Arab ...
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United Advocates in collaboration with The Madrid Chamber organized a conference held in Spain, to talk about the business opportunities in Egypt and the Mega Project

United Advocates in collaboration with The Madrid Chamber organized a conference held in Spain, to talk about the business opportunities in Egypt and the Mega Project
On Wednesday, October 23, United Advocates in collaboration with The Madrid Chamber organized a day to explore the business climate of Egypt. Our  Chairman, Mr. Abdallah Alzari and CEO, Mr. Walid Jumaa along with our Spanish Partner, Ms. Maria Rubert, represented United Advocates in the conference held at the headquarters of the Chamber (Plaza de la Independencia) and talked about the business opportunities in Egypt and the Mega Project. "We encourage companies to take advantage of the collaborative climate between Spain and Egypt to explore the business, cooperation, and investment opportu...
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Construction Disputes in the UAE – the Common Issues Ten Years On (Part 1)

By Eric Teo* - Head of International Practice & Special Projects In 2010 I co-wrote an article highlighting the common contractual issues or disputes that were plaguing the construction industry in the UAE (the old article)[1].  That article was published when the industry was going through a very tough economic environment following the global financial crises that started with the US subprime crisis in late 2007.  Almost ten years on, the same issues are still prevalent in the industry. The Arcadis’ 2019 Global Construction Disputes Report[2] described the following situations as the...
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