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Legality of the Unilateral Appointment of an Arbitrator: India A unilateral appointment clause is an agreement that gives one of the parties the opportunity to choose between two available options to settle a dispute, while only one of the options is available to the other party. Whether Unilateral Appointment Clauses…
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Duress in Contract Law In UAE, all legal aspects in regards to contractual related issues are encapsulated under the UAE Civil Code and the UAE Commercial Code. It is difficult to establish between illegitimate and legitimate duress as in regards to commercial contracts, a certain level of duress is expected…
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Competition Law, 2020: Bahrain 1. What is the name of the main regulator/ regulators governing the competition law in this jurisdiction? The Authority for Promotion and Protection of Competition. 2. In the context of a merger acquisition in what circumstances, are the seller and/or the purchaser required to notify the…
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Enforcement of New York Convention Award in the UAE Introduction Arbitration clauses are becoming more and more prominent in corporate agreements, the reason behind this is the ease with which disputes can be dealt with as compared to the traditional court system. In any case, a corporation may find that…
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UAE: Effect of the Amendment to the Companies Law on LLCs Introduction The UAE government has recently amended Federal Law Number 2 of 2015 (hereinafter referred to as “Old Law”) by issuing Federal Decree-Law Number 26 of 2020 (the “New Law”). The introduction of this amendment has effectuated an overhaul of…
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Fujairah Creative Freezone 1. What law established this freezone? Fujairah Emiri Decree No. 4/2007 established Fujairah Creative City (FCC). 2. What are the main internal regulations governing this freezone? The Fujairah Free Zone Authority sets the regulations governing FCC Free Zone. 3. Does this freezone have any reciprocal arrangements with…
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Doing Business in Ras Al Khaimah 2021 Enforcing Contracts Questionnaire 1.Case Study Assumptions Two domestic companies - Seller and Buyer - conclude a contract for the sale of some custom-made goods. Further to such contract, Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, custom-made furniture.…
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Amendments in Insolvency Law in UAE The laws concerning insolvencies of the United Arab Emirates-domiciled companies are fairly recent (the "Bankruptcy Law"). The Bankruptcy Law has been an important step forward and is influenced by features of a number of insolvency laws in other jurisdictions and international insolvency law trends.…
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Liquidation and Winding up of a company in DMCC DMCC Company Regulations 2020 On 02 January 2020, the Dubai Multi Commodities Centre (DMCC) issued and promulgated the New Company Regulations 2020 ('Regulations'), which were to replace the former DMCC Company Regulations of 2003. They were so reconfigured in order to…
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Contracts, Negotiations and Enforcement in the United Arab Emirates: Overview Question Set: Formation of contracts Authority and capacity Question Body: What are the authority/capacity rules for entering contracts? Answer Body Individuals UAE Federal Law Number 5 of 1985 on Civil Transactions Law (Civil Code) allows all individuals to enter into…
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Effect of Recent Bankruptcy Legislation on Those Businesses Facing Difficulties on Account of Cash Flow Issues The recent overhaul in the laws governing insolvencies of domiciled companies in the United Arab Emirates (UAE) vide the new UAE Bankruptcy Law (December 2016) ensures that most corporate insolvencies are resolved through the…
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Negligence and Mismanagement by a Manager in a Limited Liability Company: UAE Companies Law A limited liability company (LLC) is a form of a company that is subject to the regulations of laws and the governing law for the management of a company in the United Arab Emirates (UAE) is…
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Challenging Expert Appointment in the UAE The appointment of an expert in UAE (United Arab Emirates) can be challenged on the basis that the expert failed to carry out his duties in an impartial manner or without prejudice to either one of the parties. The expert appointed has to at…
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Procedural Overview onto the rules of arbitration at the Ras Al Kamiah Reconciliation and Commercial Arbitration Center Although a dispute may be resolved through court litigation, the parties in the new era are increasingly submitting their disputes for mediation, arbitration or any other Alternative Dispute Resolution (“ADR”). Since a long…
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