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Criminal Law: Theft – Provisions, remedies, and procedure in the UAE Introduction Theft may only be perpetrated on an actual movable property that has monetary or nonmonetary value and belongs to someone else. Theft is described as the physical seizure of an object that can be stolen from the owner…
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Q & A: Third-Party Funding in UAE Introduction Third-party funding, also known as litigation funding, provides a business with a viable means of pursuing litigation, Arbitration and adjudicating claims. Third-party financing ensures that the legal needs are met with minimum risk and subsequently preserve the business's liquidity in case of…
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Environment 2020 1. What is the main legislation governing contamination of land in this jurisdiction? What are the main penalties and how is liability determined? Bahrain Ministerial Order No. 21/1996 with respect to the Environment governs the issue of land contamination. Land is effectively protected by the prevention of indiscriminate…
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Establishing Policies for Blockchain Technology Introduction Blockchain can be considered as a breakaway technology and is currently a hot topic that has been the subject of numerous studies across various industries. Blockchain is briefly defined as a shared ledger database that records and shares every transaction that occurs in the…
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Business Exit Strategy for a Family-Owned Business Introduction Companies like Walmart in the US and Reliance in India are some really successful examples of family-owned businesses. However, family and business are two parallel worlds that should ideally never meet. Operating a family business comes with its own challenges and results…
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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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Avoidance of Double Taxation (DTAA) – UAE & India Introduction Benjamin Franklin once said, there are two things you cannot avoid; death and taxes. In a country like the UAE, where tax is almost invisible, corporate tax is levied on oil companies and foreign banks as part of the corporate…
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UAE: Federal Law Number 4 of 2020 on Securing Interest over Movable Assets Introduction Federal Law Number 20 of 2016 concerning mortgage of movable properties has been repealed and replaced by the introduction of Federal Law Number 4 of 2020 on securing interest over movable assets. It is imperative to…
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Inchoate crimes and criminal responsibility Introduction As a general rule, criminal codes punish all those criminal acts preceding the commission of a crime. The liability hereunder is determined by the intention to commit the crime. It is to be kept in mind that, merely thinking about committing a crime does…
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Concealment of Assets in Bankruptcy Introduction A businessman's business is basically his baby; the decision of going through the process of bankruptcy is probably the most difficult decision that a company has to make throughout its lifetime. Everyone involved in the procedure, be it, the debtors or creditors are losers…
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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 (hereinafter referred to as “new law”). The introduction of this amendment has…
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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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Enforcement of New York Convention Awards 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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Confidentiality in International Arbitration Introduction Confidentiality is the essence of trust, which is why individuals, corporations and even government bodies resort to Arbitration. Confidentiality is attractive to litigants internationally for a myriad of reasons, like freedom of making arguments which would not normally be made at a public forum, or…
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