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DIFC Contract Law Is the Law of Contracts a complete descriptive theory, explaining what the law is? Or is it a complete normative theory, explaining what the law should be? The traditional definition of a contract is one embracing all promises that the law will enforce. However, even a theory…
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Guide to International Arbitration "When will mankind be convinced and agree to settle their difficulties by arbitration?"- Benjamin Franklin A year ago, it seemed as if Brexit was finally about to happen. One year on, they are in the same position again. At one point, albeit, it seemed likely…
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DIFC-LCIA Arbitration comparison with DIAC Arbitration Manchester United is playing Arsenal. In an incredibly intense contest between the two, at the 85thminute, there is a coming together between the players inside the penalty box. The referee, to understand the incident and know who the perpetrator was, uses the help of…
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Due Diligence by Foreign Law Firms of UAE Entities Business transactions around the world often involve mergers, acquisitions or take-overs. Such transactions of the business organizations require thoughtful decisions which ultimately decides the future of the Company. Hence, due diligence holds the key to vital decisions of the economy as…
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The Cost of Running a Private Equity Real Estate Fund Private equity real estate is an advantage class that comprises of pooled private and public interests in the real estate market. Such contributing includes the obtaining, financing and proprietorship of property or properties utilizing a shared vehicle. Private equity real…
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UAE Netting Law As announced by the Dubai International Financial Centre (“DIFC”) on 14 December 2014, His Highness Sheikh Mohammed bin Rashid Al Maktoum has enacted the DIFC Law Number 2 of 2014 (the "DIFC Law"), in his capacity as the Ruler of Dubai. This legislation came into power as…
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Force Majeure Clauses and the Limitation of Liability Introduction Force majeure is a Latin term, commonly used in the legal profession which translates to ‘superior force’ and is used when referring to unforeseeable events taking place. For the most part, unforeseeable events are not attractive prospects for any individual, especially…
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DFSA Regulations on Cross-Border Crowdfunding In the wake of the 2008 financial crisis, when access to capital became difficult, the concept of Crowdfunding emerged. Crowdfunding, an outcome of the modern sharing economy, is a loaded term where old and new meanings have come up to describe similarly or the same…
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A Guide to Non-compete Clauses in the Middle East Introduction Non-compete clauses are sometimes incorporated into the contracts of employees to ensure the security and protection of the employer if an employee decides to move to another company. When working for an entity, individuals will likely pick up on and…
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Employment Regime in the DIFC “A diploma is a piece of paper that is used to acquire another piece of paper: an employment contract.” Mokokoma Mokhonoana Time and again, our team of employment lawyers in Dubai have discussed the provisions of UAE Federal Law Number 8 of…
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DIFC: A Jurisdictional Overview The DIFC courts exist as a jurisdictional island within the Dubai panorama. The Dubai International Financial Centre (the DIFC) Courts were established back in 2004 by His Highness, Dubai's ruler at the time, Sheikh Maktoum bin Rashid Al Maktoum. Providing an independent administration of justice in…
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Maritime Arbitration- Legal Perspectives Courts can no longer individually address the issue of conflict resolution and as such the modern business world requires an alternative means of conflict resolution to meet its demands. A need arises for a legal mechanism through which parties can resolve their disputes quickly, fairly, efficiently,…
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Company Formation in Abu Dhabi Global Market The impact of globalization and elimination of trade barriers is considered to be an economic merit that consolidated the domestic markets of the world under one roof. However, there also exists an opposing view to this concept. Some financial pundits have argued that…
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Special Purpose Companies or Vehicles (the SPCs or SPVs) are temporary companies set up to achieve a precisely structured financial operation. SPCs provide an alternative mode of financing transactions. Put simply they are subsidiary companies of a parent company, whose assets are protected from the actions of the parent company.…
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