Questions to Ask When an Employer Wishes to Pay a Subcontractor Directly
What are the questions to consider if an employer wishes to pay directly to a subcontractor – bypassing payment to its main contractor but without taking over the liability of the subcontract? Lately, I have received an increasing number of enquiries concerning such a situation. Read More…
Is Your Project’s Documentation Ready to Face the COVID-19 Financial Crunch?
Perhaps the current slow-down in the construction industry (whether in the UAE or internationally) brought on by the COVID-19 pandemic allows industry players some breather to focus their attention to the state of their project’s documents management and records keeping systems. Read More…
COVID-19 – The Impact on Agency and Distribution Agreements: FAQ Agency Agreements
Each principal who decides to benefit from the activity of a commercial agent makes a prior assessment of the relevant business costs, in particular regarding commission, expense reimbursements and amount of the indemnity for termination. Read More…
The Impact of the so-called “Decreto Liquidità” on Corporate Matters in Italy
Decree-Law No 23 of 8 April 2020 (hereinafter referred to as “Liquidity Decree”) provides for a series of measures aimed at safeguarding business continuity throughout the emergency phase, particularly in respect of businesses that before the crisis were considered Read More…
COVID-19 and its possible classification as a Material Adverse Effect
What is a Material Adverse Effect? Interpretation of a Material Adverse Effect (MAE) may vary depending on a certain situation; as it is used to measure an effect of an event, and how it may or may not impact a small business or a larger corporation in various Read More…
Precautionary Measures by the UAE government to Curb the Spread of Novel Coronavirus
Federal Law No. (1) of 1972 on the Functions of the Ministries and Powers of Ministries and its amendments; Federal Law No (8) of 1980 regarding the Organization of Labour Relations; and as part of the States efforts to combat and contain the spread of Covid-19; and upon the proposal Read More…
Force Majeure 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 Read More…
Force Majeuere Claims and Construction Contracts in the UAE
“Force Majeure” has been the 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. Read More…
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. Read More…
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 Read more...
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 Read more…
Construction Disputes in the UAE – the Common Issues Ten Years On (Part 2)
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 Read more…
Key Distinctions in the Legal Landscape between UAE and India that Indian investors in the UAE need to understand when Considering Investing
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 Read more…
Construction Disputes in the UAE – the Common Issues Ten Years On (Part 1)
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 Read more…
Doing Business in the UAE – slide presentation
Doing business in UAE Eric Teo Head of International Practice & Special Projects, United Advocates. Read more…
Recent Changes Made to Payment Orders as per the new regulations of the Civil Procedures Law
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 Read more…
Women’s Rights and UAE Divorce Proceedings
This article focuses on the rights of women during and after the divorce. Referring Article 110 to 135 of the Personal Status Law, failure to pay the prompt dowry (mahr), physical or mental abuse proved upon provision Read more…
Basic guide to UAE Employment Contracts
There are mainly two types of employment contracts in the Labour system of United Arab Emirates, namely Unlimited Contracts and Limited Contracts. In this article, we will be evaluating the key differences in both the contracts in Read more…
General Limitation Periods in Civil & Commercial matters in the UAE
The UAE Federal Law No. 5 of 1985 (the “UAE Civil Code”) contains general rules relating to limitation periods. In general, as per Article 473 of the UAE Civil Code, the claim is time-barred after 15 years, unless a specific provision Read more…
Bounced Cheques in the UAE & Emirate of Dubai
Dishonour of cheques or bounced cheques are primarily governed by Article 401 of Federal Law No. 3 of 1987 (the “UAE Penal Code”), which reads as follows:“Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a Read more…
Donations & Charities in the Emirate of Dubai
Charities or donations are one of the mandatory duties to be observed by an individual practicing the Islamic faith as per the 5 pillars of Islam. The term in Sharia is “Zakat”. Hence, such a concept is actively present in the United Arab Emirates (UAE) which is closely monitored and heavily regulated Read more…
The practice in the cryptocurrency trading in UAE
The year 2017 started with a shocking surprise for those (individuals and companies) participating in cryptocurrencies trading in the UAE due to the UAE Central Bank’s unforeseen Regulatory Framework for Stores Values and Electronic Payment System, which stated that “[a]ll virtual currencies are prohibited” Read more…
Travel Ban in the UAE
The third chapter of the Constitution of the United Arab Emirates, dealing with freedoms, rights and public duties, stipulates in its Article 29, that “freedom of movement and freedom of residence shall be guaranteed to citizens within the limits of the law”. That means that a person Read more…
Companies Buying Real Estate in Dubai
The type of company that can purchase property in Dubai is dependent on where the property is located, the nationality of the owner of company and the structure of the company. The restrictions on purchase of property by foreign companies has been heightened to keep in mind the anti-money laundering legislation. Read more…
UAE Agency Law
Federal Law No.18 of 1981, as amended by Federal Law No.14 of 1988, Federal Law No.13 of 2006 and Federal Law No.2 of 2010 (“the Agency Law”) governs commercial activities relating to agency and distribution agreements (“Agency Agreement”). Read more…
New UAE Bankruptcy Law
The new UAE Federal Decree Law No. 9 of 2016 (the “Bankruptcy Law”) was finally approved by the UAE Cabinet on 4 September 2016. This new Law is expected to put some light on the regulation on how companies should deal with their financial health issues. Read more…
Value Added Tax in the UAE to be implemented in 2018
Value Added Tax (VAT) is a general, indirect, consumption tax. It is imposed on supply of goods and services. VAT is charged at each step of the ‘supply chain’ with consumers bearing the VAT cost. Businesses act as collectors of the tax on behalf of the government. Read more…
Post Termination Restriction Rights
There is always a concern that hovers over the Employer upon departure of the Employee, especially where the Employee has been privy to confidential information and know-hows of the Company. The Ministerial Resolution No. 297/2016 published earlier Read more…
DIFC Courts Wills and Probate Registry
The DIFC Courts Wills and Probate Registry (WPR) is aimed at creating certainty and security for non-Muslim expats who do not want UAE laws of succession to apply to their assets. The DIFC is the first jurisdiction where non- Muslims are able to register a will under common law rules. Read more…
Musataha Agreement
With the rapid growth in business and infrastructure resulting in the high influx of foreign nationals into the United Arab Emirates, investment opportunities in land and protection of interests need to go hand in hand.Read more…
General View on key changes of the New Commercial Companies Law of 2015
This article aims to summarise the key changes to the existing commercial companies law and highlight the improvements made to the framework of the old CCL, in an effort to modernise the governance of companies in the UAE. Read more…
Corporate Structuring in the UAE
The United Arab Emirates has been able to grasp the attention of the entire world due to the opportunities and flexible structures it provides to businesses. The large number of free zones Read more…
New UAE Labour Laws
UAE has flourished over the last 44 years. A significant increase in the workforce population has been noted over time as a result of increased investment opportunities and developmental projects. Read more…
Cyprus Where Invesment Opportunities Prevail
Cyprus has long established itself as a one of the hubs for international investments. The corporate and legal activities emerging through Russia, the United Kingdom, Ukraine, Hong Kong and Singapore have seen a huge growth over the last 20 years. Read more…
Will a “will” help in the UAE for non-muslim expats?
It is a debatable proposition as to how the movable and immovable assets of non-muslim expats in the UAE will be dealt with, upon their demise. There are conflicting views whether the laws of deceased home country Read more…
Sale and Purchase Agreements
Dear readers, We thank you for your questions. In light of the great number of questions mostly regarding Purchasers’ possibility to terminate Sale and Purchase Agreements (“SPAs”) when Developers (“Seller”) fail to fulfill their contractual Read more…
Offshore Property Ownership
Recent developments have raised reasonable doubts regarding who is entitled to own real estate property in Dubai. This post aims to clarify who particularly which entities can own real estate properties in Dubai. Pursuant to Law No. 7 of 2006 concerning Property Registration in the Emirate of Dubai Read more…
Divorce and Custodial Rights
The UAE has the highest rate of divorce in the GCC. According to the data released by the Dubai Statistics Centre, the divorce cases in the UAE increased by 40 percent for expatriate couples, 7 percent for Emirati couples, and 25 percent for Emiratis married to expatriates. Read more…
Different Business Structures in the UAE
This article focuses on different legal business structures in Dubai and the most common and preferred business structures. In general, foreign entities with an intention to establish a commercial presence in the UAE opt for a Limited Liability Company. They can also incorporate Read more…