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	(95131,5167,'content_description','Medical malpractice claims can be pursued against doctors and hospitals by filing a medical complaint at the appropriate health authority (the “Regulator”), filing a civil case before the UAE court and by commencing a criminal complaint before the UAE police which will be transferred to the public prosecution.'),
	(95132,5167,'_content_description','field_59b641c07f473'),
	(95133,5167,'pageSummary','Medical malpractice claims can be pursued against doctors and hospitals by filing a medical complaint at the appropriate health authority (the “Regulator”), filing a civil case before the UAE court and by commencing a criminal complaint before the UAE police which will be transferred to the public prosecution.'),
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	(95149,5167,'_yoast_wpseo_metadesc','Medical malpractice claims can be pursued against doctors and hospitals by filing a medical complaint at the appropriate health authority (the “Regulator”), filing a civil case before the UAE court and by commencing a criminal complaint before the UAE police which will be transferred to the public prosecution.'),
	(95150,5168,'content','June - July 2015\r\n\r\n<hr />\r\n\r\n<strong>Background</strong>\r\n<ul>\r\n 	<li>The Claimant is an investor and came to the UAE to invest in real estate. The Claimant met the Defendants, who introduced themselves as working in real estate brokerage and having connections with prominent developers in the UAE such that they could purchase, through their relationship with the officials, the plots of land desired by the Claimant.</li>\r\n 	<li>The First Defendant received approximately AED 2,500,000 and the second Defendant AED 6,000,000,  for their mediation.</li>\r\n 	<li>Although the purchasing transactions were successfully made, the Claimant alleged that the Defendants had not expended any effort and did not answer the Claimant’s calls. Therefore, the Claimant filed his claim before the Court of First Instance requesting reimbursement of the amounts paid by him on the basis of unjust and baseless enrichment.</li>\r\n 	<li>The Court of First Instance rejected the Claimant’s action. The Claimant then appealed to the Court of Appeal, who overruled the judgment of the Court of First Instance and ordered the Defendants to reimburse to the Claimant the amount received, along with legal interest at the rate of 9% from the date of the claim until full payment. The Court of Appeal based its reasoning on the fact that the brokerage contract, the subject matter of this case, should be considered invalid since it was not interpreted into a written contract in accordance with Article 26 of Regulation No. 85/2006 regulating the real estate agents register in Dubai.</li>\r\n</ul>\r\nThe Defendants appealed the judgment before the Court of Cassation on the grounds of:\r\n<ul>\r\n 	<li>Misapplication and misunderstanding of the law;</li>\r\n 	<li>Flaws in reasoning; and</li>\r\n 	<li>Contravening what was established by the documents.</li>\r\n</ul>\r\nThe Defendants argued that the Court had ruled for the invalidity of the brokerage contract due to its form, despite evidence submitted to prove that the transaction for plot no. 32 had been executed by the Defendants, as a result of their mediation, for the benefit of the Claimant. This fact had been confirmed by the Court of First Instance and the Court of Appeal had also pointed out in its reasoning that the Claimant has issued the cheques because of the Defendants’ mediation efforts for the land deal.\r\n\r\n<strong>Judgment of the Court of Cassation</strong>\r\n\r\nIn its ruling, the Court of Cassation granted the appeal of the Defendants (the Brokers) and explained that Articles 210 and 274 of the Civil Transactions Law provide that if the subject matter of an obligation is contrary to public order or morals, the contract is considered void. In deciding the invalidity of the contract, the contracting parties shall return the received amounts pursuant to the provision on refund of unentitled amounts at Article 321 of the Civil Transactions Law. Even if the invalidity is due to illegality, such that restitution is impossible, if a contracting party has provided a benefit, the recipient party is obliged to make fair compensation.\r\n\r\nEven though the judgment under appeal had found that the contract of brokerage was invalid because it was not interpreted into a written form and this should lead to restoring the parties to their initial status before contracting and thus obliging the Defendants to refund the amounts received from the Claimant, the expert assigned by the Court of First Instance had stated in his report that the purchase transaction of plot no. 32 for the company belonging to the Claimant and his son was a result of the effort made by the Defendants, which meant that they had achieved a benefit for the Claimant in procuring the plot. Due to the impossibility of restitution for the benefit received by the Claimant, the Defendants deserved compensation for their effort and this should have been estimated by the judgment. The appealed judgment had violated the law in ruling that the Defendants must refund the amounts received from the Claimant without estimating compensation for the benefit they provided, and must be revoked for this reason.'),
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	(95154,5168,'content_description','In a recent judgment, (Dubai Court of Cassation Case No. 40/2013 (Civil)), the Court decided that the annulment of a brokerage contract for non-fulfilment of formalities, such as being made in writing, does not preclude the Court from estimating the efforts made by the broker and in justly compensating the broker thereof.\r\n'),
	(95155,5168,'_content_description','field_59b641c07f473'),
	(95156,5168,'pageSummary','In a recent judgment, (Dubai Court of Cassation Case No. 40/2013 (Civil)), the Court decided that the annulment of a brokerage contract for non-fulfilment of formalities, such as being made in writing, does not preclude the Court from estimating the efforts made by the broker and in justly compensating the broker thereof.'),
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	(95159,5168,'_currentURL','field_59d35123ab1e7'),
	(95160,5168,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Rami Abdellatif'),
	(95161,5168,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(95162,5168,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','r.abdellatif@tamimi.com'),
	(95163,5168,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(95164,5168,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(95166,5168,'lawUpdateArticleNoWriters','1'),
	(95167,5168,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(95168,5168,'_yoast_wpseo_metadesc','In a recent judgment, (Dubai Court of Cassation Case No. 40/2013 (Civil)), the Court decided that the annulment of a brokerage contract for non-fulfilment of formalities, such as being made in writing, does not preclude the Court from estimating the efforts made by the broker and in justly compensating the broker thereof.'),
	(95169,5169,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nHowever, understanding the various unilateral and multilateral sanctions against Iran is not simple. These are complex and ever-changing regulations from different international sources; any number of which can apply to a company or individual depending on many factors such as nationality, place of business and ownership structure.\r\n\r\nThe world recently watched eagerly every time the P5+1 and Iran sat down for a round of negotiations, hoping they would strike an accord.\r\n\r\n<strong>A ‘historic’ understanding </strong>\r\n\r\nOn 2 April 2015, the P5+1, the European Union and Iran reached a ‘historic’ understanding, as they concluded upon a preliminary framework for a nuclear deal. However, the positivity came with mixed feelings. Soon afterwards, the respective governments published their views of the agreement. The media was quick to highlight why it was uncertain and unclear that a deal would go through.\r\n\r\nFollowing these negotiations in Lausanne, the P5+1, European Union and Iran agreed on a preliminary framework for an agreement, which once / if it comes into effect, will relieve Iran of some of the toughest sanctions imposed upon a nation, in exchange for significantly curbing its nuclear activities.\r\n\r\n<strong>What does the deal have to offer?</strong>\r\n<ul>\r\n 	<li>After the meeting in Lausanne, the White House released the “Parameters for a Joint Comprehensive Plan of Action” (JCPOA) regarding Iran’s nuclear programme.</li>\r\n 	<li>US and EU nuclear related sanctions will be lifted in phases, upon verification that Iran is indeed fulfilling the terms of the agreement. To this end, Iran will be subject to strict oversight by the UN nuclear watchdog (IAEA).</li>\r\n 	<li>All UN Security Council resolutions on the Iran nuclear issue will be suspended as Iran acts upon its commitments to address key nuclear issues.</li>\r\n 	<li>The existing UN Security Council sanctions on transfers of sensitive technologies and activities will still be in force. Therefore, a new UN Security Council resolution will be drawn up that will re-establish these sanctions and endorse the JCPOA.</li>\r\n 	<li>The new resolution will also create a procurement channel, to ensure transparency in Iran’s nuclear supply chain.</li>\r\n 	<li>A dispute resolution channel will be established where the JCPOA members can voice their concerns and grievances. In case the issue of non compliance raised by a JCPOA member cannot be resolved through this mechanism, all previous UN sanctions will be re-imposed.</li>\r\n 	<li>Regardless of the success of this agreement, the sanctions imposed on Iran by the US due to its support of terrorism, human rights abuses and ballistic missiles will continue to be in force.</li>\r\n</ul>\r\n<strong>Are you free to do business with and within Iran?</strong>\r\n\r\nIt is crucial to note the following:\r\n<ul>\r\n 	<li>This agreement is only a preliminary understanding. There is no deal yet between the P5+1 powers and Iran.</li>\r\n 	<li>Several technical details remain to be finalised.</li>\r\n 	<li>No definitive time frames have been announced on how and when the sanctions would be lifted.</li>\r\n 	<li>The sanctions to be suspended are all nuclear related sanctions. Any sanctions in place overlapping nuclear proliferation and Iran’s support of terrorism will still be in force.</li>\r\n</ul>\r\n<strong>This means that the sanctions remain as they are</strong>\r\n\r\nOwing to the chain of events that have occurred in the past few weeks, it is unclear as to whether the P5+1 and Iran will be able to reach a conclusive deal. The 30th June 2015 deadline has been extended - as previous deadlines have been - to the 10th of July 2015, with a view to progress and finalize the negotiations.\r\n\r\nHence, you must continue to be vigilant to sanctions violations, and it would be advisable for all businesses to strengthen their compliance systems and structures.\r\n\r\nEnforcement actions that we have witnessed reiterate the need to have strong compliance programmes in place, despite the news that is floating around regarding hungry investors, individuals and conglomerates alike, eyeing Iran as an investment opportunity and acting too soon.\r\n\r\nThe next few weeks will be critical as the P5+1 continue talks and work on drafting the deal. Until then, we wait and watch for matters to unfold.\r\n\r\nFor any queries in relation to economic sanctions, please contact Ibtissem Lassoued, Partner in our Regional Financial Crime Practice (email: i.lassoued@tamimi.com)'),
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	(95173,5169,'content_description','Given the proximity of Iran to the Middle Eastern Countries, the prospect of business opportunities in Iran is attractive to many investors in the Region. '),
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	(95175,5169,'pageSummary','Given the proximity of Iran to the Middle Eastern Countries, the prospect of business opportunities in Iran is attractive to many investors in the Region.'),
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	(95187,5169,'_yoast_wpseo_metadesc','Given the proximity of Iran to the Middle Eastern Countries, the prospect of business opportunities in Iran is attractive to many investors in the Region.'),
	(95188,5170,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nThis enhances trading activity and boosts the shares’ liquidity.\r\n\r\nDual listing also offers greater access to capital; the ability to tap into different markets at different times; and an opportunity to boost public profile even further than listing shares on a single market.\r\n\r\nOver the past months there has been a significant increase in the economic activity between the UAE and Egypt. In March 2015 Orascom Construction Limited, a leading global engineering and construction contractor, listed its shares first on NASDAQ Dubai (”NASDAQ”) and then a day later on the Egyptian Stock Exchange (”EGX”). The shares trade on the EGX in Egyptian Pounds and on NASDAQ in USD.\r\n\r\nWhilst there can be benefits to dual listing, companies need to be aware that they will be subjecting themselves to further regulations. Common concerns are:\r\n<ul>\r\n 	<li>what on-going disclosure/reporting obligations they will have under the regulations of each of the exchanges;</li>\r\n 	<li>whether these obligations overlap so that one set of information prepared for disclosure in one market can be used for the other; and</li>\r\n 	<li>how does a company fulfil its obligation to disclose to both markets if one market is closed?</li>\r\n</ul>\r\nBelow we have set out some key on-going reporting obligations under the EGX and NASDAQ regimes that can serve as a point of reference for companies which are considering a dual listing on EGX and NASDAQ.\r\n\r\n<strong>Inside Information</strong>\r\n\r\nUnder the NASDAQ regulations, there is a requirement on the business/reporting i.e. publically-listed entity (“PL Company”) to disclose information that is not generally available but which would have a significant impact on price. However, there is no clear requirement to disclose such inside information on the EGX unless it is considered as a material event. EGX further obliges each PL Company to have in place procedures to protect against misuse of insider information.\r\n\r\nDespite the lack of an explicit prohibition under the EGX regime that the PL Company disclosed “price-sensitive” information, in practice the overall Egyptian legal framework requires that information that would impact the price of securities be disclosed to the public.\r\n\r\nBoth regimes are similar in this regard and a PL Company would disclose this information at the same time to both markets.\r\n\r\n<strong>Governance</strong>\r\n\r\nBoth the DFSA and the Egyptian Financial Supervisory Authority (“EFSA”) have prescribed a number of governance-related events that give rise to disclosure obligations.\r\n\r\nThe NASDAQ market disclosure requirements include disclosure of:\r\n<ul>\r\n 	<li>the best corporate governance practices adopted and if not, why not (in the annual report of the PL Company);</li>\r\n 	<li>in case of a change to the board of directors (“Board”) composition or duties of the Board/Directors, the effective date of the change and the nature of the position;</li>\r\n 	<li>an event that (a) requires shareholder approval, (e.g. changes in the constitutional documents), or (b) changes the issued share capital over 20%, acquisition/disposal of assets equal or greater than 50% net assets value of the PL Company;</li>\r\n 	<li>voluntary liquidation; and</li>\r\n 	<li>in case of a Board resolution being passed outside the ordinary business of the PL Company, disclosure of the resolution.</li>\r\n</ul>\r\nThe EFSA market disclosure requirements prescribe public disclosure of the following events concerning the governance of the PL Company:\r\n<ul>\r\n 	<li>Any changes that occur to the disclosed information of the PL Company or any of its data incorporated in the pertinent prospectus, and any amendments to:</li>\r\n</ul>\r\n- PL Company’s Articles of Association;\r\n\r\n- Change of auditor during the fiscal year;\r\n\r\n- Change of address of headquarters or contact details thereof; and\r\n\r\n- Any change to the principal managers;\r\n<ul>\r\n 	<li>Any change to the Board of the PL Company;</li>\r\n 	<li>Resolutions of the Board of the PL Company;</li>\r\n 	<li>Resolutions of the general assembly meeting of the PL Company;</li>\r\n 	<li>Approval of the Board on the annual and quarterly (periodic) financial statements;</li>\r\n 	<li>Publishing a summary on the board of directors’ report, annual financial statements, auditor’s report together with the comment and remarks of the EFSA;</li>\r\n 	<li>The shareholding structure for all shareholders owning 5% or more; and</li>\r\n 	<li>A statement setting out the investments made by the PL Company in other companies exceeding 10% of their relevant share capital.</li>\r\n</ul>\r\nThe governance–related reporting obligations of a PL Company largely overlap between NASDAQ and EGX. Therefore, a disclosure statement prepared for one market, e.g. Board composition changes, maybe used for the other market (for NASDAQ in English and the EGX in Arabic).  To the extent possible, in practice a PL Company would adopt the more extensive reporting obligations when reporting to both markets.\r\n\r\n<strong>Business</strong>\r\n\r\nIn case of NASDAQ, transactions which potentially result in:\r\n<ul>\r\n 	<li>any significant investment (i.e. any investments equal to or greater than 5% of the value of the net assets of the PL Company as per its most recent financial reports, or material change to such a reports) or material change to such a course of business of the PL Company; or</li>\r\n 	<li>the incurring of any significant debt (being a debt with an amount equal to or greater than 5% of the value of the net assets of the PL Company as per its most recent financial reports) outside the usual and ordinary course of business of the PL Company, and</li>\r\n 	<li>would trigger disclosure requirements.</li>\r\n</ul>\r\nUnder the EFSA regime, however, disclosure is required if the following circumstances concerning the business of the PL Company arise:\r\n<ul>\r\n 	<li>any arrangements of a value exceeding 5% of the revenues of the preceding fiscal year;</li>\r\n 	<li>and change in the PL Company’s financing structure that would exceed 5% of the equity;</li>\r\n 	<li>initiation of any lawsuits against the PL Company in relation to its business, Board members or managers as well as judgments rendered in this respect;</li>\r\n 	<li>any legal judgments issued against the PL Company that may impact its financial position or the rights of the shareholders or has an impact on the trading price of the stocks or the investment decisions of the persons dealing on the stock;</li>\r\n 	<li>sale or purchase of assets, share of other companies or real estate that exceeds 10% of the equity of the PL Company and shall prepare an independent valuation report thereon;</li>\r\n 	<li>issuance of any administrative decrees that affect the business of the PL Company as well as any amendment to such decrees or withdrawal or revocation of same; and</li>\r\n 	<li>any arrangements concluded with elated parties.</li>\r\n</ul>\r\nThe DFSA have left a lot of discretion to the PL Company allowing it to decide where a disclosure should be made.\r\n\r\nThe EFSA, however, have been more particular as to what type of events trigger disclosure requirement in terms of the business of the PL Company, e.g. disclosure of any law suits, judgements, decisions that involve the PL Company.\r\n\r\nDespite these differences, however, both the DFSA and the EFSA implemented the 5% disclosure triggering threshold that applies if the PL Company makes an investment or incurs a debt.\r\n\r\nAs stated earlier, in practise the easiest way of ensuring both markets get the same information is to adopt the more stringent requirements in each case and then disclose that information to each market.\r\n\r\n<strong>Securities</strong>\r\n\r\nAs far as the securities of the PL Company go, the following events give raise to a disclosure obligation on NASDAQ:\r\n<ul>\r\n 	<li>Any decision to declare, recommend or pay any dividend or to make any other distribution on the securities; or not to declare, recommend or pay any dividend which would otherwise have been expected to have been declared, recommended or paid in the normal course of events, if the decision of such nature has been taken by the PL Company, when the decision shall be disclosed including the rate and amount of and record date for the dividend or other distribution or the grounds for the decision in relation to non-payment;</li>\r\n 	<li>Any decision on admission to listing or trading of the same class of securities of the PL Company on another stock exchange; and</li>\r\n 	<li>Any other disclosure required to be made pursuant to the requirements in the other stock exchange arising from the listing or trading of the same class of securities on that exchange where such disclosure is not made in the DIFC.</li>\r\n</ul>\r\nUnder the EFSA regime, however, disclosure is required if the following securities-related circumstances arise:\r\n<ul>\r\n 	<li>any new issuance of bonds as well as related collaterals and mortgages;</li>\r\n 	<li>any decision that might result in the redemption or cancellation of issued and registered securities;</li>\r\n 	<li>any proposed change to the capital structure exceeding 5% of the equity;</li>\r\n 	<li>any person purchasing more than 25% of the stock (and the future investments plans of any person purchasing more than 25% of the stock would also need to be disclosed);</li>\r\n 	<li>any capital increase, rights issue or other issuance of other securities or share split;</li>\r\n 	<li>cash dividend distributions or issuance of free shares or any combination thereof;</li>\r\n 	<li>resolutions related to amending the nominal value of the shares;</li>\r\n 	<li>purchase of any treasury stock;</li>\r\n 	<li>voluntary delisting request; and</li>\r\n 	<li>any agreement that may result in the admission of new strategic investors to purchase a stake in the PL Company.</li>\r\n</ul>\r\nUpon reading of the above, it may seem that only few securities–related events, mainly concerning dividends, require disclosure on NASDAQ whereas on EGX a PL Company needs to disclose far more share-related events.\r\n\r\nThis is all organisation and apparent difference. A comprehensive reading of the DFSA rulebook indicates there is a significant overlap between disclosure triggering events.\r\n\r\nSome of events treated as “securities-related” under the EFSA regime have been classified as PL Company or Business related under the DFSA Rulebook, arriving at the same outcome, regardless of the apparent discrepancy.\r\n\r\n<strong>Interests</strong>\r\n\r\nBoth NASDAQ and EGX require certain public disclosures to be made when an event affecting interests of the PL Company has taken place.\r\n\r\nFor instance, the DFSA require that a NASDAQ-listed PL Company file a report of interests held by a Connected Person (as defined under the DFSA regime) and make a market disclosure including details of name/address of the Connected Person, date when the Connected Person acquired interests in the PL Company, the transaction price, amount and class of security.  It should also be noted under the DFSA regime that a Director has a material interest in the company if he/she has direct or indirect ownership of investments in the PL Company or any involvement in financial or commercial arrangements of the PL Company.\r\n\r\nUnder the EFSA regime, the existing shareholders and their Related Parties (as defined in the EGX Listing Rules) of the PL Company shall disclose the purchase of any shares exceeding 5% or any multiple thereof of the PL Company’s share capital and/or the subscription rights. Any existing shareholder who exceeds 25% must disclose its investment plans. The Board members and employees and their Related Parties (as defined in the EGX Listing Rules) of the PL Company shall disclose a purchase of any shares exceeding 3% or any multiple thereof of the PL Company’s share capital and/or the subscription rights. Related party transactions must be pre-approved by the general assembly in advance and disclosed.\r\n\r\nIn relation to the DFSA requirements, it is important to note that, whilst the obligation to file a Connected Person relates to a person who owns 5% or more of the PL Company, a person who is a director of PL Company is per se, a Connected Person.  What this also means that a person who is a director must file a Connected Person Report if they acquire or cease to hold investments in the PL Company.  In this case, the 5% threshold does not apply.  Likewise, an increase or decrease of 1% of the last level reported will trigger an obligation to lodge a Report.  What this means is that a relatively small movement in the holding of a director could trigger an obligation to lodge a report.\r\n\r\n<strong>Financial Information\r\n</strong>\r\n\r\nIn line with international standards, a PL Company is subject to numerous disclosure requirements that concern its financial information.\r\n\r\nThe DFSA require, amongst others, that a NASDAQ-listed PL Company discloses to the public:\r\n<ul>\r\n 	<li>an annual financial report;</li>\r\n 	<li>a semi-annual financial report;</li>\r\n 	<li>preliminary financial results (if required by DFSA);</li>\r\n 	<li>any change to the accounting reference date; and</li>\r\n 	<li>any change of accounting date extending the annual accounting period to more than 14 months.</li>\r\n</ul>\r\nIn Egypt, the disclosure requirements concern the following:\r\n<ul>\r\n 	<li>Audited annual financial balance sheets and financial statements with the audit report (consolidated and standalone);</li>\r\n 	<li>Reviewed quarterly financial balance sheets and financial statements with review report  (consolidated and standalone); and</li>\r\n 	<li>Any change of the financial year of the PL Company.<strong> </strong></li>\r\n</ul>\r\n<strong>Capital\r\n</strong>\r\n\r\nAny proposed new issue of securities by the PL Company requires NASDAQ disclosure of the class, number and proposed date of issue and details of the changes to the share capital resulting from the new issue proposed, consideration received.\r\n\r\nIn Egypt this is the same.\r\n\r\nUnder the DFSA Rules that an alteration in the share capital of the PL Company will require approval of a majority of shareholders.  The DFSA Rules also require that where there is an issue of shares for cash that these shares must be offered to existing shareholders in proportion to their existing holdings, prior to any offer to investors who are not existing shareholders.\r\n\r\n<strong>Insolvency/Winding-Up\r\n</strong>\r\n\r\nFinally, on NASDAQ, in the case of the presentation of any winding-up petition, the making of any winding-up order or the appointment of an administrator, liquidator or the commencement of any proceedings under any applicable insolvency laws in respect of the PL Company or any member of its group; or the passing of any resolution by the PL Company or any member of its group that it be wound up by way of members’ or creditors’ voluntary winding-up, or the occurrence of any event or termination of any period of time which would cause a winding-up, the PL Company is required to make market disclosure of:\r\n<ul>\r\n 	<li>the time and date of the presentation, details of the order, appointment, resolution or other event;</li>\r\n 	<li>the identity of the petitioner or other person at whose instigation the event occurs;</li>\r\n 	<li>the court or tribunal responsible for making any order; and</li>\r\n 	<li>the administrator or liquidator appointed, as is relevant.</li>\r\n 	<li>In Egypt the PL Company is required to disclose any material decisions, events and the resolutions of the Board and general assemblies, as well as, any law suit filed against it that may have a material impact or judgment issued against it that may have such an impact.</li>\r\n</ul>\r\n<strong>Director’s dealings\r\n</strong>\r\n\r\nIt is also important to note that under the DFSA Rules during certain periods of the year, directors and senior management of the company are prevented from dealing in the securities of the company.  The restricted periods are from the end of the relevant financial year up to and including the announcement or publication of the annual financial report.  In the case of semi-annual reports the close period is from the time of the end of the semi-annual financial period and up to the announcement of the semi-annual financials.  The rationale is easy to understand, that is directors will have access to details of the financials of the company prior to the details of the financials being disclosed to the market.  It is therefore important that they not be able to trade on the basis of this information.  In any event, even if the prohibition was not in place, because of the prohibition on insider dealing, a director would be subject to that prohibition.\r\n\r\n<strong> Conclusion\r\n</strong>\r\n\r\nA dual listing is often a commercially appealing proposition. It can help get global exposure and boost a company’s profile.\r\n\r\nThat said, apart from assessing the potential benefits that having shares listed on NASDAQ and the EGX can bring, companies should carefully consider the challenges that the dual listing may create.\r\n\r\nListing shares on more than one market increases initial and ongoing costs associated with the listing as well as liability of the business given the requirement to comply with more than one set of rules and regulations. This requires significant management commitment and time dedication, amongst other challenges.  As suggested, one way of meeting these challenges is, to the extent feasible, to disclose on the basis of the more stringent requirements because the PL Company can be sure that it complies with its obligations in both markets.  Investors in both markets should be able to make informed investment decisions based on the same information in each market.\r\n\r\nDual listing, however, can be an excellent means to achieving greater commercial success.\r\n\r\nAs the above indicates, certain reporting obligations overlap so one and the same public disclosure statement may satisfy both NASDAQ and EGX requirements.'),
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	(95211,5171,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nNot only dishonoured cheques, but any action in which a person stops payment of the cheque is perceived as a crime. That includes making changes in the cheque which deprives the beneficiary from cashing it, signing the wrong signature or omitting one’s signature or having insufficient funds in the account. Any act or omission that prevents the beneficiary from cashing the cheque is a crime punishable under UAE law.\r\n\r\nCriminal proceedings are usually pursued against the person signing the cheque whether he is a lawyer, manager, accountant or any individual who has placed his signature on the cheque.  Even if the dishonoured check is from a company owned by another person, the signatory of the cheque will be charged with criminal proceedings. This is based on the premise that as a responsible executive in the company, the signatory should have known that there are insufficient funds in the account before issuing the cheque. However, both the signatory of the cheque and the company may have civil liability to pay the money (a different topic from the subject matter of this article).\r\n\r\nAny argument that the cheque was postponed or paid in the future or that the signatory could not know if there were sufficient funds in the account is not a valid defence. The intent to commit cheque fraud is not required to be found guilty.\r\n\r\nFurthermore, the mere fact that the dishonoured cheque was signed and handed over for a legitimate transaction, subjects the signatory to criminal proceeding even if the transaction was not completed. The non-completion of the transaction will be considered a civil argument, and will not be a defence to the criminal prosecution. In other words, the fact that the service was not provided or was otherwise frustrated is not sufficient to stop a criminal proceeding or to acquit the signatory of cheque.\r\n\r\nTwo other arguments are also used, although they usually fail:\r\n\r\n(1) that the cheque was not due for payment and was stolen (provided, most of the time, that a criminal complaint was filed to report the lost or stolen cheque before the beneficiary lodged the cheque with the police); or (2) if the transaction underlining the payment of the cheque was an illegal transaction contrary to UAE Public Policy, such as gambling. These two arguments require high standard proof and often need to be documented and the simple argument that the cheque was illegal or lost will not be enough. Of course, the argument that the cheque was obtained contrary to public policy could open the door for other prosecution against the signatory and beneficiary of the cheques if that argument came to be true.\r\n\r\nThe only way to prevent criminal prosecution is if payment of the cheque is made in full at the time of prosecution. In other words, the best way to avoid prosecution is to produce and pay a certified cheque or preferably cash in the full amount of the cheque.   Usually the person has two options:\r\n<ul>\r\n 	<li>To pay the beneficiary of the cheque the full amount (after which the case will be closed instantly); or</li>\r\n 	<li>To deposit the money with the Police or the Prosecutor as the case may be, and be granted bail subject to the outcome of the proceeding. However, as stated above, it is likely that the outcome of the proceeding will be a sentence so payment of the cheque to the beneficiary is a must if the person wishes to avoid prosecution.</li>\r\n</ul>\r\n<strong>Bail</strong>\r\n\r\nIf the person wishes to resist the prosecution then it is advisable to put the full amount of the cheque as bail in court before the police or the prosecutor before the matter is transferred to court. Prior to 2008, it was almost impossible to bail a person out on a cheque matter unless the full amount was paid before the police or the prosecutor’s office. It is likely that in most of the cases and especially where there is substantial amount of money, the person will stay in prison during the investigation and while the case is heard in court until final sentence. It is likely that the person will not be released until he serves the sentence. In most cases the sentence will be anything between 6 months to 3 years depending on the circumstances surrounding the cheque and the amount of the cheque. The higher the amount the longer the sentence. There were hardly any exceptions to this except pardon from the Ruler which was given in extreme and rare circumstances, and mainly for humanitarian reasons. In recent years there has been a relaxation of the strict rules and bail is granted more easily.\r\n\r\nWhen deciding on bail the criminal court will not be focusing on the repayment of the amount. This often comes as a surprise to people not familiar with the legal system in the UAE and especially those that follow the civil law system. The police, prosecutor and the court in particular focus on the criminal aspect of a dishonored cheque. Although they would require the value of the cheque to be put as bail, the criminal court will focus on the criminal sentencing and will leave it to the civil court independently to award the beneficially the amount due. This is unless the party settles before the criminal court to repay the amount by mutual agreement. In such case the criminal sentence used to be a fine, but now the case will be closed if the amount is paid in full.\r\n\r\nSince 2008 and because of the financial crisis and the sharp rise in the volume of dishonoured cheques, changes have occurred to the criminality of dishonoured cheques. In essence, all that is said above remains the same and  dishonored cheques continue to be a crime and the police, the prosecutor and the court continue to prosecute. However:\r\n<ul>\r\n 	<li>It is not uncommon to find people who have been released on bail by giving security of another passport or for a lesser amount than the value of the cheque until the case is judged. In other words, unlike in the past, the party on some occasions does not have to lodge the full amount of the cheque.</li>\r\n 	<li>Prior to 2008 it was in only very rare and exceptional situations that the sentence for a dishonoured check was limited to a fine. Whereas post 2008 there has been quite a few cases where despite the fact that the amount of the cheque was large, the sentence has been a fine and not imprisonment. This may be attributed to the large number of cases facing the police and the prosecutor and the volume of people being imprisoned.</li>\r\n 	<li>In the past paying the full amount of the dishonoured check before the court or the prosecutor changed the sentence from imprisonment to fine.  However, today if the amount is paid in full the sentence will be waived entirely.  In other words, if payment is made in full, the case will be closed by the police or the prosecutor.  If the case has been transferred to court and sentence passed, the sentence will be waived by virtue of the fact that the amount has been paid. Payment of the amount will not only stop prosecution but the entire sentence.</li>\r\n 	<li>It is possible to obtain an Interpol warrant of arrest for a dishonoured cheque even if the accused is absconding and is not currently residing in the UAE provided that the dishonored cheque is not less than AED 37,000 (or if multiple cheques, that the total amount is not less than AED 37,000). However, note that for such situations the police will not immediately issue an Interpol arrest warrant but will issue a circular for arrest internally and the file will remain with the police before issuing an Interpol arrest warrant.</li>\r\n 	<li>It is becoming more difficult to circulate a warrant of arrest through the Interpol based on prosecution of dishonoured cheques. This is not only because of the legal system in the UAE but also foreign countries are not willing to entertain arrest warrants based on financial liability.</li>\r\n</ul>\r\nThe process has become slightly lenient and more accommodating.  Bail is very much possible unlike with the old process and time extension is granted more than once to assist the party to reach amicable settlement.\r\n\r\nWhile in principle dishonored cheques remain a criminal offence, there have been many debates on whether it should continue to be a crime or whether the UAE Federal criminal law should change to abolish Article 401 and to limit dishonored cheques to only civil liability. The opinion in the UAE seems to be split over the subject. Some think that although the criminal aspect of the dishonoured cheque exists in many other countries and currently in some parts of the developed western world, it is something of the past and is not conducive to commercial transactions. They feel that it does not fall within the meaning of a cheque as a commercial document and that the recovery potential should be limited only to civil commercial recovery and not extend to the prosecution of the signatory of the cheque. My view is that the UAE is an emerging market, with cheques being used on many occasions as security for payment including banks. It is the only flexible means of deffered payment, which numerous businesses use and depend upon. Various industries continue to have cheques as a good useful commercial instrument that is not only used for payment but also for an extra measure of security and that security is dependent on criminal protection.\r\n\r\nIn view of this, while the punishment for dishonored cheques has become more flexible and soft, such that the criminal sentence can be waived, the criminal protection against dishonoured cheques continues to exist and be useful. It is likely to continue to exist in the UAE for sometime in the future. The Central Bank seems to be aiding in mitigating the occurrences of dishonoured checks by making it difficult for parties who have more than one dishonored cheque to open a new bank account or possibly even closing the bank account. This will put increased pressure on businesses to ensure that cheques are honoured.'),
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	(95232,5172,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nLaw No. 7 of 2006 concerning Real Property Registration in the Emirate of Dubai (“Property Law”) governs property ownership by individuals and companies in the Emirate of Dubai. Article 4 of the Property Law, which is the key provision on property ownership, states:\r\n\r\n“The right to own real property in the emirate will be restricted to UAE nationals, nationals of the Gulf Cooperation member states and to companies fully owned by these, and to public joint stock companies. Subject to the approval of the Ruler, non –UAE persons may, in certain areas determined by the Ruler, be granted the following rights:\r\n<ul>\r\n 	<li>Freehold ownership of real property without time restrictions; and</li>\r\n 	<li>Usufruct or leasehold over real property for a period not exceeding ninety-nine (99) years.”</li>\r\n</ul>\r\nThis Article will discuss the current legal position of real property ownership in the Emirate of Dubai as regulated by Article 4 of the Property Law and, based on our experience in registering property transfers, the current policy of the Dubai Land Department (“DLD”).\r\n\r\nIt is important to note that the DLD’s policy has not been formally published and is subject to change from time to time. Specific legal guidance on a proposed ownership structure should be sought prior to entering into any property transaction.\r\n\r\n<strong>Ownership by UAE and other GCC nationals and companies</strong>\r\n\r\nUnited Arab Emirates (“UAE”) and Gulf Cooperation Council (“GCC”) nationals and companies incorporated in the UAE (excluding the free zones) that are wholly owned by UAE or GCC nationals have the right to own any property interest in real property located in any area in the Emirate of Dubai pursuant to Article 4 of the Property Law. This includes limited liability companies and private joint stock companies in which all the shareholders are UAE or GCC nationals.\r\n\r\nIf a company incorporated in the UAE has non-UAE or GCC shareholders, it will not be considered a UAE or GCC national for the purposes of Article 4 of the Property Law. The only exception to this rule is public joint stock companies that are listed in Dubai. Although these companies allow their shares to be bought by non-UAE or GCC nationals, they are still considered to be UAE nationals for the purposes of Article 4 of the Property Law.\r\n\r\n<strong>Ownership by other nationals and companies </strong>\r\n\r\nArticle 4 of the Property Law allows non-UAE or GCC nationals and companies to own freehold title, a long lease or a usufruct right up to 99 years in the areas in Dubai that have been designated for foreign ownership under regulations issued by the Ruler of Dubai (“Designated Areas”).\r\n\r\nOn a strict interpretation of Article 4 of the Property Law, all non-UAE or GCC nationals or  companies are granted the right to own a freehold interest, a right of usufruct or a long lease of up to 99 years in real property in Designated Areas. However, the DLD’s current policy imposes restrictions on the types of non-UAE or GCC companies that can own property. A summary of the current restrictions on property ownership is as follows:\r\n\r\n<strong>Offshore companies</strong>\r\n\r\nPresently, the only types of offshore companies that DLD permits to own property in Designated Areas are offshore companies incorporated in the Jebel Ali Free Zone or the Dubai Multi Commodities Centre Free Zone. Thus, offshore companies set up in other jurisdictions such as the Cayman Islands or the British Virgin Islands are currently not allowed to own property in Dubai.\r\n\r\nOffshore companies that owned property in Designated Areas before the DLD’s policy came into force are entitled to maintain their ownership, but will not be able to make further property purchases.\r\n\r\n<strong>2.   Free zone companies in Dubai and other Emirates (excluding DIFC)</strong>\r\n\r\nCompanies incorporated within the free zones in Dubai, such as Dubai Media City and Dubai Healthcare City, are allowed to own properties in Designated Areas.\r\n\r\nThe DLD does not currently permit Free zone companies incorporated in other Emirates, such as Ajman and Ras Al Khaimah, to own property in Dubai. However, free zone companies that owned property in Designated Areas before the DLD’s policy came into force are entitled to maintain their ownership, but will not be able to make further property purchases.\r\n\r\n<strong>3.   DIFC companies</strong>\r\n\r\nCompanies incorporated within the Dubai International Financial Centre (“DIFC”) must obtain special approval from the DLD to purchase property outside the DIFC and such special approval shall be granted by the DLD at its sole discretion. We anticipate that this special restriction may be removed in the near future so that the regulation of ownership of property by DIFC companies will be treated the same as companies incorporated in other free zones within Dubai.\r\n\r\nHowever, while direct ownership of property by DIFC-registered companies is only permitted within the DIFC and not in the rest of Dubai (i.e. Designated Areas), an offshore company (such as JAFZA offshore or DMCC offshore company) whose shareholding is held by a DIFC-registered company will be permitted to own property within the Designated Areas.\r\n\r\n<strong>4.   Other companies</strong>\r\n\r\nCompanies that are incorporated onshore in Dubai, such as limited liability companies and private joint stock companies, with non-UAE or GCC shareholders may own property in the Designated Areas. However, the current policy of DLD does not allow companies registered onshore in foreign jurisdictions to own property in Dubai.\r\n\r\n<strong>Summary of ownership structures</strong>\r\n\r\nTo summarise, the structure of a proposed owning entity will depend on where the property is located, the nationality of the owner and, if the owner is company, the type of company. The types of entities that are permitted to own property in the Emirate of Dubai in accordance with Article 4 of the Property Law and the DLD’s current policy are set out below.\r\n\r\n<strong>1.   All areas:</strong>\r\n<ul>\r\n 	<li>UAE or GCC nationals</li>\r\n</ul>\r\n<ul>\r\n 	<li>companies incorporated onshore in the UAE (excluding the free zones), e.g. private joint stock companies or limited liability companies, where 100% of the shareholders are UAE or GCC nationals</li>\r\n 	<li>public joint stock companies that are listed on the Dubai Financial Market.</li>\r\n</ul>\r\n<strong>2.    Designated Areas:</strong>\r\n<ul>\r\n 	<li>nationals of all countries</li>\r\n 	<li>free zone companies incorporated in Dubai regardless of the nationality of the shareholders (except DIFC companies, which require special approval)</li>\r\n 	<li>Jebel Ali Free Zone offshore companies or Dubai Multi Commodities Centre Free Zone offshore companies, regardless of the nationality of the shareholders</li>\r\n 	<li>companies incorporated onshore in Dubai (e.g. private joint stock companies or limited liability companies), regardless of the nationality of the shareholders</li>\r\n 	<li>public joint stock companies that are listed on the Dubai Financial Market.</li>\r\n</ul>'),
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	(95247,5173,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nArticle 154 of the new law states that:\r\n\r\n<em>“The Board of Directors shall have all the powers specified in the Articles of Association of the company, other than as reserved by this Law or the Articles of Association of the company to the General Assembly. However, the Board of Directors may not enter into loans for a period in excess of three years, sell the property of the company or the store, or mortgage movable and immovable property of the company, discharge the debtors of the company from their obligations, make compromise or agree on arbitration, unless such acts are authorized under the Articles of Association of the company or are within the object of the company by nature. In cases other than these two ones, such acts require to issue a special resolution by the General Assembly.” </em>\r\n\r\nThe text of Article 154 is almost identical to Article 103 of the existing Commercial Companies Law. The latter referred to the requirement for “an approval from the General Assembly” whereas Article 154 requires “a special resolution by the General Assembly”. While the latter appears to have the same meaning and goal, it could also be viewed as specifically requiring a “special resolution” rather than just an “approval”, where agreement to arbitration is not “authorized under the Articles of Association of the company or are within the object of the company by nature”.\r\n\r\nWhat is clear is that the new law is maintaining a restrictive approach when it comes to the critical issue of authority to agree to arbitration (to the exclusion of court proceedings in the UAE). While arbitration has increasingly been adopted by many companies in the Middle East, it is viewed by the local UAE courts as an exceptional exceptional mode of dispute resolution. This restrictive view is also reflected in Article 154 of the new law.\r\n\r\nThe power of the Board of a PJSC to agree to arbitration as a means of resolving disputes has to be explicitly stated in the Articles of Association of the Company. The alternative requirement is to deem the agreement to arbitration as a matter falling within the objectives of the company, which is unlikely to ever be the case. Failing these two options the General Assembly will be required to issue a special resolution. It should also be noted that Article 58(2) of the Civil Procedures Law provides a general restriction that the power to agree on arbitration cannot be delegated to others without a special resolution to that effect.\r\n\r\nWhile the foregoing may seem formalistic, failure to satisfy the same may have adverse and unwanted implications. In a recent case the Abu Dhabi Courts annulled an arbitration award since it was based on an arbitration agreement whose signatory was someone who lacked an explicit resolution authorizing him to agree on arbitration (the power had not been properly delegated as is necessary under article 58(2)). Al Tamimi &amp; Company represented the successful applicant.\r\n\r\nWe note that, in practice, the above requirements may not always be absolute as cases contesting arbitration agreements are assessed on a case by case basis. The Courts may interpret other circumstances such as implied approval of an arbitration agreement, and thus deem the agreement valid in all the circumstances.\r\n\r\nTo minimize unwanted outcomes, however, a PJSC would be well advised to explicitly state in its Articles of Association that its Board can agree on arbitration. Any delegation of this power to third parties should be explicitly stated in a special resolution as well.'),
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	(95251,5173,'content_description','The new UAE Commercial Companies Law will enter into force this Summer. The new law has significant ramifications for how a UAE Public Joint Stock Company (“PJSC”) can bind itself to an arbitration clause.'),
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	(95267,5173,'_yoast_wpseo_metadesc','The new UAE Commercial Companies Law will enter into force this Summer. The new law has significant ramifications for how a UAE Public Joint Stock Company (“PJSC”) can bind itself to an arbitration clause.'),
	(95268,5174,'content','June - July 2015\r\n\r\n<hr />\r\n\r\nMs H, a North Carolina singer who appeared in the program as part of its audition process, has lodged a claim in the Los Angeles Superior Court against the producers of the program. Her claim is for intentional infliction of emotional distress, defamation, false light, invasion of privacy and gross negligence.\r\n\r\nThis article will briefly describe the claim and consider how it might be treated under UAE law.\r\n\r\n<strong>The Claim</strong>\r\n\r\nMs H, according to her claim, sang “The Greatest Love of All” in front of a live audience, four celebrity judges and a team of camera operators for the program.  This was then broadcast worldwide and has since, of course, been generally available via YouTube. She is claiming that the producers altered her vocal performance in order to make her sound “screechy”, and that the wildly positive audience reaction was replaced with a calm and underwhelmed audience. She says that the judges original comments and reactions were removed and replaced with other comments that were recorded when she was not present. All of this harm has, according to the court papers, caused the claimant a considerable amount of embarrassment, emotional distress and has harmed her reputation as a professional singer. Ms H has valued her damages at USD 2 million.  In addition, because she says that the producers did all of this wilfully, maliciously and fraudulently, she is seeking further (unspecified) sums as punitive damages.\r\n\r\nThe interesting part of the claim is that Ms H claims that she was taken into a room alone with a staff member and told that, if she did not sign the contestant release immediately, she would not be permitted to continue with the audition process. She states that she was not provided with an opportunity to seek legal advice, nor to take a copy of the agreement, and that her consent was therefore obtained by duress and undue influence. She is also claiming mistake as to her understanding of what was to be done with the performance (that is, she did not understand that they could alter the performance and, impliedly, alter it to make her appear less talented than she was) and goes on to claim that the resulting mistake revokes and rescinds the release under Californian law.\r\n\r\nOf course, ‘The X Factor’ is not the only program on television to require its contestants to sign release forms that are, as a rule, not able to be negotiated.  Having seen numerous contestant release forms for both broadcast and on-line competitions, it is clear that the terms are always firmly in favour of the producer of the content. No producer wishes to risk a large investment in producing content unless it can control every aspect and every contributor. A short version of a standard term might read: “my appearance in the Program can be edited at the Producers discretion”. Undoubtedly, the heavyweight industry producers involved in ‘The X Factor’ would have had such a clause in the release form.\r\n\r\nSo, how might such a claim fare under UAE law?\r\n\r\n<strong>Duress Under UAE Law</strong>\r\n\r\nLooking first at duress, this is set out in Section 2 (4) (a) of the UAE Civil Code. In Article 182 it states that: A person who exercises … duress to conclude a contract may not enforce his contract, but the contract will be valid if the victim or his heirs so permit after the threat has ceased, either expressly or by their acts.\r\n\r\nIf this law had applied to Ms H’s situation, what might the result be?  How would the courts view the fact that she returned 4 times to audition? What would it think of the fact that the program was in its 3rd season and so its content would have been well known to her?  Did she, by continuing to audition, presumably entering the makeup room, rehearsing  out the back, getting her costume on, willingly walking onto the stage lose her right (under UAE law) to claim the duress as she then acted in accordance with the terms of the release?  Is this behaviour enough to validate the release, or must that validation be explicit? In addition, was the mere statement that she could not continue to audition strong enough to be considered duress under UAE law?  Our view is that it is not likely to succeed here – we await the view from California.\r\n\r\nWhat of the fact that it was a staff member and not the producers that ‘forced’ her to sign the release?  Article 184 of the UAE Civil Code states that: “If the duress is exercised otherwise than by one of the contracting parties, the person coerced into contracting may not claim that the contract is ineffective unless he proves that the other contracting party knew or is presumed to have known of the duress”.  So, to succeed in her claim in the UAE, the claimant would have to not only show that a staff member had forced her to sign the release in the dressing room, using threats, but that the producer were aware that this was being done by its staff members.  This might be difficult to prove.\r\n\r\n<strong>Mistake Under UAE Law</strong>\r\n\r\nIn most jurisdictions, mistake is a complex area of contract law and always a difficult argument to raise and win.  The UAE Civil Code covers mistake in Section 2 (4)(c).  Article 194 states that: “If there is a mistake as to the identity of the contract or as to one of the conditions upon which it is made or as to the subject matter of the contract, the contract shall be void”.  Ms H says that, had she known that the release meant that the producers could alter the performance to make her “screechy”, then she would not have signed it. She is, from a UAE law perspective, trying to claim that this is “one of the conditions” upon which the release is made; this was unknown to her and had she known it, she would not have signed the release. Indeed, it is true that some releases can contain a clause that may say that materials cannot be edited in “a manner that will be in any way derogatory to [the contestant]”.  But more common in releases for reality, quiz shows or game shows is a clause that acknowledges that the program may contain “statements … surprising, humiliating, embarrassing, derogatory, defamatory or offensive or injurious to [the contestant] or to third parties”.\r\n\r\nIf this statement was indeed contained within the release, it is hard to then argue that there was mistake as to the basis on which the contract was formed. Article 193 states that: “No regard shall be had for any mistake save in so far as it is contained in the form of the contract or demonstrated by the surrounding circumstances and conditions, or the nature of things, or custom”. Obviously, her misunderstanding of the release terms will not, of itself, allow the release to be declared void.  She has to be mistaken about the circumstances of the contract. The producers will likely claim that the right to edit is clear in the release, possible humiliation is mentioned in the release and she must logically have seen past acts portrayed badly on the same program. If these arguments are available to the producers, it is difficult to understand the surrounding circumstances that might further her claim.  How was it possible that she was unaware that, despite being allowed a right to edit as they see fit, the producers may use that right to edit the footage to make her ‘screechy’ (if indeed they did)?\r\n\r\n<strong>Other Possible Claims Under <strong>UAE</strong> Law</strong>\r\n\r\nInterestingly, Ms H has not claimed for misrepresentation nor for cheating (or deceit) in California.  In the UAE, this claim would fall under the same section of the UAE Civil Code as the above two claims, and would give rise to a defect in consent. Although the facts are not clear in Ms H’s claim, if it could be shown that Ms H has signed the release because the producers had deceived her into believing that the filmed performance would not, for example, be edited in any way then she would have a claim for cancellation of the release. Article 187 is clear: “If one of the contracting parties makes a misrepresentation to the other and it transpires that the contract was concluded by a gross cheat, the person so misled may cancel the contract”. As with the claims above, if it can only be shown that the employees of the producers made the misrepresentations, then Article 190 allows the release to be cancelled if “the other contracting party knew of the misrepresentation at the time of the contract”.\r\n\r\nIn California, Ms H may struggle to win her case against the producers.  In the UAE, she would have to jump over several more hurdles to prove duress, find a mistake of fact or show misrepresentation in order to have the release held as void.\r\n\r\nWhether she is successful or not, the claim is a timely reminder to content producers to ensure that all talent is given proper time to review the release and ask any questions.  Staff should be trained to present the release responsibly. And only edit people to make them sound ‘‘screechy’’ if your release clearly allows you to do it.\r\n\r\nAl Tamimi &amp; Company’s Technology, Media &amp; Telecommunications team regularly advises on content financing, production and distribution.'),
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	(92283,5013,'_yoast_wpseo_metadesc','Qatar has high levels of internet connectivity, with 96% of households now connected to the internet, a six-point jump since last year, according to a new report from the UN Broadband Commission.'),
	(92284,5014,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoBodyTextIndent2\">In light of the increasing pace of globalisation, progress in technology resulting in new crimes and more advanced threats, criminals and criminal organisations, today more than ever before, are able to perpetrate crimes on an international scale and often in multiple jurisdictions simultaneously.</p>\r\n<p class=\"MsoBodyTextIndent2\">Mutual judicial cooperation is essential in the fight against such offending and has several tools, one of which is the international police organisations, such as <strong>the International Criminal Police Organisation </strong>(INTERPOL).<strong> </strong></p>\r\n<p class=\"MsoBodyTextIndent2\"><strong>The Colossus of INTERPOL</strong></p>\r\n<p class=\"MsoNormal\">INTERPOL is a world-wide network that facilitates the exchange of information to assist law enforcement agencies in detecting and deterring international crime.</p>\r\n<p class=\"MsoNormal\">INTERPOL was established in 1923 and its headquarters are located in Lyon, France. The organization has an operating budget of EUR 78 million<a href=\"#_ftn1\">[1]</a> (approximately AED 362 million) and 190 member countries, which include the United Arab Emirates (UAE) and other Middle Eastern and North African countries such as Egypt, Iraq, Lebanon, Libya and Tunisia- there is only a handful of countries which are not members of INTERPOL – and as such, it is the largest international policing organization in the world.</p>\r\n<p class=\"MsoNormal\">INTERPOL has four official languages: French, English, Spanish and Arabic. Its member countries cooperate on a daily basis, utilising the organisation’s database, tools and secure communication systems in the international fight against crime.</p>\r\n<p class=\"MsoNormal\">INTERPOL’s mandate is to <em>ensure and promote the widest possible mutual assistance between all criminal police authorities<a href=\"#_ftn2\">[2]</a>.</em><strong> </strong></p>\r\n<p class=\"MsoNormal\">INTERPOL has four main bodies, namely the General Assembly, the Executive Committee, the General Secretariat, and the Commission for the Control of INTERPOL’s Files.</p>\r\n\r\n<ul>\r\n 	<li><strong>Organisational structure of INTERPOL</strong><strong> </strong></li>\r\n</ul>\r\n<strong>1.    </strong><strong>The General Assembly</strong>\r\n<ul>\r\n 	<li>Highest-ranking authority of the organisation composed of ‘delegates’ appointed by member countries, who are experts in police affairs.</li>\r\n 	<li>Meets once per year at a plenary session, acting mostly on a two-thirds majority.</li>\r\n 	<li>In charge of establishing the rules that govern the activities of INTERPOL, and appointing the Organisation’s President.</li>\r\n</ul>\r\n<strong>2.    </strong><strong>The Executive Committee</strong>\r\n<ul>\r\n 	<li>Its 13 members are elected by the General Assembly.</li>\r\n 	<li>The Executive Committee is headed by the President of the organization, currently <strong>Mrs. Mireille Ballestrazzi</strong>, of France – who is since 2013 the Central Director of the French Judicial Police and accordingly Head of the National Central Bureau.</li>\r\n 	<li>Supervises the execution of decisions of the General Assembly and oversees the work of the General Secretariat.</li>\r\n 	<li>Has the functions, <em>inter alia</em>, of deciding upon an annual work programme for approval at each General Assembly session and handling certain disputes arising in the context of INTERPOL’s work.</li>\r\n</ul>\r\n<strong>3.    </strong><strong>The General Secretariate</strong>\r\n<ul>\r\n 	<li>Main executive body, which administers INTERPOL’s networks, databases and other activities.</li>\r\n 	<li>Acts as the contact point between INTERPOL and the national police forces.</li>\r\n 	<li>Operates 24 hours a day, 365 days a year.</li>\r\n 	<li>Under the authority of the Secretary-General, currently <strong>Mr. Ronald K. Noble</strong> of the United States. After three mandates of five years each, Mr. Noble will retire in 2015.</li>\r\n 	<li>Has its own legal service, the Office of Legal Affairs, which provides advice on the compliance of INTERPOL’s work with international legal standards and the rules adopted by the General Assembly.</li>\r\n</ul>\r\n<strong>4.    </strong><strong>The Commission for the Control of INTERPOL’s Files (CCF)</strong>\r\n<ul>\r\n 	<li>Oversees INTERPOL’s activity of personal data processing e.g. names, fingerprints.</li>\r\n 	<li>Independent body comprised of five members selected for their expertise in data protection, information security and police cooperation. The General Assembly appoints the members from a pool of candidates put forward by the Member States and selected by the Executive Committee, who then choose the Chairman <em>inter se</em>. The present Chairman is <strong>Mr. Billy Hawkes</strong>, the Data Protection Commissioner of Ireland.</li>\r\n 	<li>The CCF’s role, as outlined by the Rules on the Control of Information and Access to INTERPOL’s Files (RCI), is to advise, investigate, handle and examine individual requests.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong> </strong></p>\r\n<p class=\"MsoNormal\"><strong>Regional Bureaux and other representative offices</strong></p>\r\n\r\n<ul>\r\n 	<li>Seven Regional Bureaux located in: Argentina, Cameroon, Cote d’Ivoire, El Salvador, Kenya, Zimbabwe and Thailand (liaison office);</li>\r\n 	<li>Representative offices at the United Nations in New York and the European Union in Brussels.</li>\r\n</ul>\r\n&nbsp;\r\n<ul>\r\n 	<li><strong>INTERPOL’s lifeblood : the National Central Bureaux (NCB)</strong></li>\r\n</ul>\r\n<p class=\"MsoNormal\">In addition to the Regional Bureaux mentioned above, each member country of INTERPOL establishes a National Central Bureau (NCB) to serve as its liaison between the member country’s law enforcement agencies and INTERPOL. It is usually comprised of a division of the national law enforcement or intelligence agency with highly trained officers, as a point of contact between its national policing agencies, INTERPOL’s General Secretariat (GS), and other countries’ NCBs.</p>\r\n<p class=\"MsoNormal\">NCBs have direct access to INTERPOL’s system, interconnecting law enforcement in all member countries, enabling them to share critical police data and granting them direct access to INTERPOL’s criminal databases.</p>\r\n<p class=\"MsoNormal\">Further, NCBs may authorise other national law enforcement agencies to have direct access to INTERPOL’S systems. Access to the I-24/7 secure global police network enables NCBs and authorized National Entities to instantaneously search and crosscheck various criminal databases. The I-link, accessed through the I-24/7 system, is an operational system through which all INTERPOL alerts are submitted (in the form of Notices for example). It acts as an aid to data exchange, identifying common features in otherwise seemingly unrelated criminal investigations. Systems such as “MIND” (for access on mobile sites) and “FIND” (for access through fixed location devices) are specifically targeted for use by such law enforcement agencies on the field, authorised by their country’s NCB.</p>\r\n<p class=\"MsoNormal\">NCBs have additional obligations with regard to using INTERPOL’s systems to record data, <em>inter alia</em>, in the form of Notices which are set out in the <strong>Rules and Procedures for Data Processing (RPD)</strong>. <em>This topic will be addressed in future articles in the series.</em></p>\r\n\r\n<ul>\r\n 	<li><strong>Policing the Region</strong></li>\r\n</ul>\r\n<p class=\"MsoNormal\">The following chart sets out a selection of INTERPOL’s members in the Region with the dates of memberships (as per INTERPOL’s website):</p>\r\n\r\n<div>\r\n<table class=\"MsoNormalTable\" border=\"0\" cellspacing=\"5\" cellpadding=\"0\">\r\n<tbody>\r\n<tr>\r\n<td width=\"100\">\r\n<h5 class=\"MsoNormal\"><strong>Yemen – 1976</strong></h5>\r\n</td>\r\n<td width=\"108\">\r\n<h5 class=\"MsoNormal\"><strong>Bahrain – 1972</strong></h5>\r\n</td>\r\n<td width=\"92\">\r\n<h5 class=\"MsoNormal\"><strong>Libya – 1954</strong></h5>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td width=\"100\">\r\n<h5 class=\"MsoNormal\"><strong>Qatar – 1974</strong></h5>\r\n</td>\r\n<td width=\"108\">\r\n<h5 class=\"MsoNormal\"><strong>Kuwait – 1965</strong></h5>\r\n</td>\r\n<td width=\"92\">\r\n<h5 class=\"MsoNormal\"><strong>Lebanon – 1949</strong></h5>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td width=\"100\">\r\n<h5 class=\"MsoNormal\"><strong>UAE – 1973</strong></h5>\r\n</td>\r\n<td width=\"108\">\r\n<h5 class=\"MsoNormal\"><strong>Saudi Arabia – 1956</strong><strong> </strong></h5>\r\n</td>\r\n<td width=\"92\">\r\n<h5 class=\"MsoNormal\"><strong>Iran - 1938</strong></h5>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td width=\"100\">\r\n<h5 class=\"MsoNormal\"><strong>Oman – 1972</strong></h5>\r\n</td>\r\n<td width=\"108\">\r\n<h5 class=\"MsoNormal\"><strong>Jordan  – 1956</strong></h5>\r\n</td>\r\n<td width=\"92\">\r\n<h5 class=\"MsoNormal\"><strong>Egypt – 1923</strong></h5>\r\n</td>\r\n</tr>\r\n</tbody>\r\n</table>\r\n</div>\r\n<ul>\r\n 	<li><strong>Recent</strong><strong> INTERPOL initiatives</strong></li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong><em>Around the globe</em></strong></p>\r\n\r\n<ul>\r\n 	<li>Very recently in Singapore: on 30 September 2014, <strong>the INTERPOL Global Complex for Innovation </strong><strong>(</strong><strong>IGCI)</strong> <strong>building</strong> was officially handed over to the head of the world police body by Singaporean authorities. The IGCI’s aim is to be “<em>a cutting-edge research and development facility for the identification of crimes and criminals, innovative training, operational support and partnerships</em>”.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong><em>In the Region</em></strong></p>\r\n<p class=\"MsoNormal\">In the Region, a few examples of initiatives include: Project ESTIJAB, Police Development Program for NCBs, Project RELINC, Enhancing Fugitive Investigations, Global Security Dialogue via INTERPOL and, Fusion Task Force.</p>\r\n\r\n<ul>\r\n 	<li><strong>Project ESTIJAB in Amman, Jordan:</strong> launched on 26 September 2014 on the sidelines of the INTERPOL Heads of National Central Bureaux meeting for the Middle East and North Africa Region (MENA), which took place from 23 to 25 September 2014. This is a joint INTERPOL and European Union project, aimed at strengthening and reinforcing security across Jordan. For example, the law enforcement officers at key border control points will be able to conduct instant checks against INTERPOL’s databases for wanted persons.</li>\r\n 	<li><strong>Police Development Program for NCBs: </strong>This program was hosted by the UAE in February 2012. It was the first INTERPOL development program for NCBs in North Africa and the Middle East. The underlying purpose of this program was to train officers from those countries on the most efficient use of INTERPOL’s tools and services.</li>\r\n 	<li><strong>Project RELINC</strong> (“<strong>Re</strong>building <strong>L</strong>ibya\'s <strong>In</strong>vestigative <strong>C</strong>apability”) was an 18-month project launched on 1 September 2012, resulting in creation of the country’s first Crime Analysis Unit.</li>\r\n 	<li><strong>Enhancing Fugitive Investigations:</strong> This meeting was held at the GS headquarters in Lyon, France in January 2014 for officers from North Africa and the Middle East. The meeting brought together 24 officials dealing with international search requests. This workshop enabled the exchange of information and experiences as well as enhancement and development in the understanding of various INTERPOL tools, including the issuing of Red Notices.</li>\r\n 	<li><strong>Global Security Dialogue via INTERPOL:</strong> A dialogue held in Beirut, Lebanon in January 2014, brought together top delegates from INTERPOL, INTERPOL Foundation for a Safer World, and directors of the Association of Banks in Lebanon, with a focus on threats and remedies in the banking sector. The general consensus was that a global alliance with more communication between governments, civil society and the private sector is required.</li>\r\n 	<li><strong>Fusion Task Force: </strong>Created in 2002, Fusion Task Force (FTF) is comprised of 6 regional task forces that have been created to combat terrorism. Each task force is coordinated by a counter terrorism expert in the designated geographical area. There are more than 270 designated FTF officers from over 160 countries making up the FTF. The FTF investigates attacks, organisational hierarchies, financing, training, motives and methods of terrorist groups.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The main objectives of the Fusion Task Force are:<strong> </strong></p>\r\n<p class=\"MsoNormal\">a)     Identify active terrorist groups and their membership;</p>\r\n<p class=\"MsoNormal\">b)     Solicit, collect and share information and intelligence;</p>\r\n<p class=\"MsoNormal\">c)     Provide analytical support;</p>\r\n<p class=\"MsoNormal\">d)     Increase the capacity of member countries to address the threats of terrorism and organised crime.</p>\r\n<p class=\"MsoNormal\">Currently, there are six regional task forces. For the Middle East and North Africa the task force is called <strong>Project AL QABDAH</strong>. Working group meetings take place annually, assembling specialists in order to analyse trends in the respective regions, exchange information and examine case studies. The working groups serve as a firm operational foundation from which to initiate investigations with the aim of dismantling terrorist organisations.</p>\r\n\r\n<ul>\r\n 	<li><strong>The use of notices in the context of mutual judicial cooperation</strong></li>\r\n</ul>\r\n<p class=\"MsoNormal\">Notices function as alerts or requests for cooperation. They are published and accessible on the INTERPOL I-24/7 secure global police communications system, allowing law enforcement bodies in other member countries to share information related to criminal activity.</p>\r\n<p class=\"MsoNormal\">A range of notices are available:</p>\r\n\r\n<ul>\r\n 	<li><strong>Red:</strong> seek the location and arrest of wanted persons with a view to extradition or similar lawful action.</li>\r\n 	<li><strong>Blue:</strong> collect additional information about a person’s identity, location or activities in relation to a crime.</li>\r\n 	<li><strong>Green:</strong> provide warnings and intelligence about persons who have committed criminal offences and are likely to repeat these crimes in other countries.</li>\r\n 	<li><strong>Yellow:</strong> help locate missing persons, often minors, or to help identify persons who are unable to identify themselves.</li>\r\n 	<li><strong>Black:</strong> seek information on unidentified bodies.</li>\r\n 	<li><strong>Orange:</strong> warn of an event, a person, an object or a process representing a serious and imminent threat to public safety.</li>\r\n 	<li><strong>Purple:</strong> seek or provide information on <em>modi operandi</em>, objects, devices and concealment methods used by criminals.</li>\r\n 	<li><strong>INTERPOL United Nations Security Council Special Notice:</strong> Issued for groups and individuals who are the targets of UN Security Council Sanctions Committees</li>\r\n</ul>\r\n<strong> </strong>\r\n<ul>\r\n 	<li><strong>Statistics on Red Notices</strong></li>\r\n</ul>\r\n<p class=\"MsoNormal\">The bar charts below clearly indicate there has been a radical increase in both the total number of Notices, as well as the number of Red Notices issued:</p>\r\n<p class=\"MsoNormal\"><strong><em><img src=\"http://localhost:8888/tamimi/en/media/get/20141028_INTERPOL-Part-1-12OCT2014.jpg\" width=\"500\" height=\"750\" />\r\n</em></strong></p>\r\n<p class=\"MsoNormal\">Al Tamimi &amp; Company’s Financial Crime Department is experienced in dealing with matters involving international judicial cooperation, having represented both requesting states and sought individuals. For assistance with financial crime, including cross-border matters, please contact our Partner Ibtissam Lassoued, at <a href=\"mailto:i.lassoued@tamimi.com\">i.lassoued@tamimi.com</a>.</p>\r\n<p class=\"MsoNormal\">In this Series “Navigating the minefield of mutual judicial cooperation in criminal matters” important topics shall be analysed in depth, such as INTERPOL Red Notices (including  challenges), Extradition, the UAE Federal Law no. 7 of 2014 on Combating Terrorist Crimes implemented on 31 August 2014 and also the new AML Law (once enacted by the UAE President).</p>\r\n\r\n<div>\r\n\r\n<hr size=\"1\" />\r\n\r\n<div>\r\n<p class=\"MsoFootnoteText\"><a href=\"#_ftnref\">[1]</a> INTERPOL Annual Report 2013</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoFootnoteText\"><a href=\"#_ftnref\">[2]</a> ICPO-INTERPOL Constitution Art.2(1)</p>\r\n\r\n</div>\r\n</div>'),
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	(102211,5556,'lawUpdateArticleMonth','5535'),
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	(102213,5556,'content_description','The pharmaceutical industry in Jordan is regulated by the Ministry of Health (‘MoH’), and supervised by the Jordanian Food and Drug Association (‘JFDA’). Under the auspices of the MoH and the JFDA, a myriad of local laws regulate the pharmaceutical sector, including those governing the import of medical products and registration requirements. In this article, we examine the impact of transferring the marketing authorisation holder (‘MAH’) status to a new legal entity. '),
	(102214,5556,'_content_description','field_59b641c07f473'),
	(102215,5556,'pageSummary','The pharmaceutical industry in Jordan is regulated by the Ministry of Health (‘MoH’), and supervised by the Jordanian Food and Drug Association (‘JFDA’). Under the auspices of the MoH and the JFDA, a myriad of local laws regulate the pharmaceutical sector, including those governing the import of medical products and registration requirements. In this article, we examine the impact of transferring the marketing authorisation holder (‘MAH’) status to a new legal entity.'),
	(102216,5556,'_pageSummary','field_59e59b307dec8'),
	(102217,5556,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/the-pharmaceutical-sector-in-jordan-what-is-involved-in-changing-a-marketing-authorisation-holder-1.html'),
	(102218,5556,'_currentURL','field_59d35123ab1e7'),
	(102219,5556,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Hanin Abughazaleh'),
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	(102221,5556,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','h.abughazaleh@tamimi.com'),
	(102222,5556,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(102223,5556,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Amman, Jordan'),
	(102224,5556,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
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	(102228,5557,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">In a recent attempt to rejuvenate the declining economic environment, a new regulation concerned with regulating foreign investments has been passed. The Regulation for Organising Non-Jordanian Investments No.77 of 2016 (the “New Regulation”) replaces the previous regulation No.47 of 2000 (the “Old Regulation”).</p>\r\n<p class=\"p1\">The purpose of the New Regulation is to specifically layout the framework governing economic activities that non-Jordanians are allowed to undertake, whether independently or in partnership with Jordanians. It also identifies the activities that the non-Jordanian investor is not allowed to participate in.</p>\r\n<p class=\"p1\">This article provides an outline of the key changes that have been made to the Old Regulation in the New Regulation.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Activities that Require 50% Local Ownership</strong></span></p>\r\n<p class=\"p1\">Article 4 of the New Regulation which lists the activities that non-Jordanian investors are permitted to participate in with a shareholding of no more than 50%. The New Regulation also adds new activities to the previous list, including Maritime Maintenance and Maritime Health Services. Such additions broaden the scope of activities foreign investors can participate in creating a more engaging investment climate.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Activities that Require 51% Local Ownership</strong></span></p>\r\n<p class=\"p1\">Another amendment found in the New Regulation is in Article 5, under which the percentage of foreign ownership of companies engaged in certain economic activities has been lowered to 49%, in contrast to 50% under the Old Regulation. Such activities include maintenance of transmitters, television broadcasting and the purchase of land for the purpose of building residential apartments and selling and leasing such apartments.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Restricted Activities </strong></span></p>\r\n<p class=\"p1\">Article 6 on the other hand, sets out the activities that non-Jordanians are prohibited from participating in, such as the selling, importing and maintenance of weapons, and the trading and importing of fireworks. Furthermore, in sub-clause 6 (B), it is stated that the Investment Commission is to release regulations that govern the crafting and handcrafting professions, which are exclusive to Jordanians.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Proof of Indirect Jordanian Ownership Allowed</strong></span></p>\r\n<p class=\"p1\">New amendments in Article 7 allow foreign private companies that are owned by Jordanian individuals by no less than 50% to participate in any economic activity, provided the companies do not engage in activities restricted to Jordanians and there are no restrictions set out in any other legislation.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Deviations from the Maximum Percentage of Ownership in Special Circumstances</strong></span></p>\r\n<p class=\"p1\">Article 9 of the New Regulation entitles the Council of Ministers to increase the permitted percentage of foreign ownership of companies so long as these companies engage in activities that relate to large economic development projects, subject to special conditions and procedures, that have been recommended by the Head of the Investment Commission.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Minimum Capital Required No Longer Required </strong></span></p>\r\n<p class=\"p1\">A major change in the New Regulation is the removal of the minimum capital requirement for non-Jordanian investors. The previous article required non-Jordanian investors to have a minimum capital of JOD 50,000 in order to be able to participate in any economic activity which was available to foreign investors. The New Regulation abolishes this minimum capital requirement and thereby paves the way for foreign investors to invest any amount they see fit.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Endorsement of International Treaties</strong></span></p>\r\n<p class=\"p1\">Finally, Article 11 of the New Regulation emphasises the importance to adhere to international treaties and investment promotion and protection agreements that Jordan is a party to in the implementation of the provisions of the New Regulation.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">A number of noteworthy amendments have been implemented as a result of the New Regulation, including the removal of JOD 50,000 minimum capital requirement for foreign investment and the expansion of the activities that foreign investors may participate in. These changes have been introduced in an attempt to encourage investment and it is hoped that they will achieve this objective. </span></p>'),
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	(102232,5557,'content_description','Over the past few years, Jordan has been introducing several investment laws and regulations in the hope of creating a sustainable and fertile investment environment for foreign investors, while also ensuring that the proper and necessary incentives required to attract those investors are adequately accommodated. '),
	(102233,5557,'_content_description','field_59b641c07f473'),
	(102234,5557,'pageSummary','Over the past few years, Jordan has been introducing several investment laws and regulations in the hope of creating a sustainable and fertile investment environment for foreign investors, while also ensuring that the proper and necessary incentives required to attract those investors are adequately accommodated.'),
	(102235,5557,'_pageSummary','field_59e59b307dec8'),
	(102236,5557,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/recent-updates-on-jordans-foreign-investment-regulation.html'),
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	(102241,5557,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(102242,5557,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Omar Adel Habaybeh'),
	(102243,5557,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(102244,5557,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','o.habaybeh@tamimi.com'),
	(102245,5557,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(102246,5557,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Amman, Jordan'),
	(102247,5557,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
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	(102250,5557,'_yoast_wpseo_metadesc','Al Tamimi & Company provides an outline of the key changes that have been made to the Old Regulation in the New Regulation.'),
	(102251,5558,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>A. The legal framework for media in Iraq.</strong></p>\r\n<p class=\"p2\">Article 38 of the current Iraqi constitution guarantees ‘freedom of expression’ and ‘freedom of press’. However, as necessary in constitutional language, public order and morality limit this protection. The current constitution marked a shift in policy for Iraq and real change followed with many publishers and broadcasters operating in Iraq today. Nevertheless, we need to cover scattered pieces of Iraqi legislation to give an accurate picture of media regulations. Limitations on freedom of expression exist in both legacy laws and in new measures introduced after 2003. For instance, the Iraqi Penal Code (Law No. 111 of 1969) contains a number of sanctions, which, even though likely to find support from the public in Iraq, can be abused to improperly restrict freedom of expression. I will cover two groups of sanctions: for defamation and for preservation of public order.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Criminal sanctions for defamation</strong></span></p>\r\n\r\n<ul>\r\n 	<li>Insult the Arab community, the Iraqi people (including any part of the population), the national flag or any state emblem (Article 202);</li>\r\n 	<li>publicly insult any public institution or official (Article 226);</li>\r\n 	<li>publicly insult a foreign country, flag, or national emblem, or international organization with an office in Iraq (Article 227);</li>\r\n 	<li>insult a public servant or body in the course of its work (Article 229);</li>\r\n 	<li>attack the creed of a religious minority, or insult a symbol or person which /who is an object of sanctification, worship, or reverence (Articles 372(1) and (5));</li>\r\n 	<li>defame another, and if the defamation is published in the media it is considered an aggravating offence (Article 433);</li>\r\n 	<li>insult another, including directing abuse, which compromises their honor or status, or offends them. Publication of such abuse in the media is an aggravating circumstance (Article 434);</li>\r\n 	<li>insult a person in a personal meeting, telephone conversation, or private letter (Article 435).</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p2\"><strong>Criminal sanctions for preserving public order</strong></p>\r\n\r\n<ul>\r\n 	<li>promote Zionist or Masonic ideologies, including by joining related institutions, or by promoting these ideologies morally or in any other way (Article 201);</li>\r\n 	<li>shout or sing in a manner that provokes dissent (Article 214);</li>\r\n 	<li>possess (with the aim of publication, trade, or distribution) materials that disturb public security or tarnish the country’s reputation (Article 215).</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\">The sanctions listed above can cause problems for freedom of expression because they contain language that is too broad for criminal law. This is because criminal law carries with it penalties that make it too strong of a tool, and, thus, is inappropriate to achieve certain legitimate policy objectives, like protecting reputation or preserving public order, as it can be used to threaten or intimidate dissenting voices. Luckily, Iraqi courts are not overly enthusiastic in applying said criminal sanctions and a reading of the case law shows that civil treatment is more prevalent. In 2011, the Iraqi parliament passed Law No. 61 to protect journalists’ rights. The law provided for some benefits but did not address criminal sanctions that intersect with freedom of expression. In 2014, the then new Prime Minister Haider al-Abadi issued an order withdrawing all pending government cases against journalists and other media outlets. However, government entities initiated a number of new cases in 2015, and, currently, Penal Code sanctions remain on the books with varied degrees of application.</p>\r\n<p class=\"p2\"><strong>B. Media regulation by the Communication and Media Commission</strong></p>\r\n<p class=\"p1\">The body responsible for regulating the media in Iraq is the Communication and Media Commission (‘CMC’), an independent government entity established by the Coalition Provisional Authority (‘CPA’) under Order No 65. The CMC is responsible for granting licences to media broadcasters, such as TV and radio, as well as other communication service providers, such as cell phone operators and Internet service providers.</p>\r\n<p class=\"p1\">The CMC released a new code of professional practice in 2014; the applicable code of professional conduct is 22 pages long and covers the following areas, in the proportions below:</p>\r\n\r\n<ul>\r\n 	<li>Incitement to violence or hatred (4 pages);</li>\r\n 	<li>Morals and public policy (2 pages);</li>\r\n 	<li>False material (2 pages);</li>\r\n 	<li>Accuracy, integrity and transparency in reporting information (4 pages);</li>\r\n 	<li>Privacy (2 pages);</li>\r\n 	<li>Religious programs (1 page);</li>\r\n 	<li>Defamation (0.5 pages); and</li>\r\n 	<li>Commercials (0.5 pages).</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p3\"><span class=\"s2\"><strong>Increased activity by the CMC due to concerns over national security and civil peace</strong></span></p>\r\n<p class=\"p1\">While the CMC is structurally independent, it does echo broader government policy. The current atmosphere in Iraq caused the CMC to step up its regulation of broadcast media in response to deteriorating security. Terrorist organizations rely heavily on media coverage to spread their ideologies; this creates a critical tension between security concerns and protecting freedom of expression. For example, the CMC used the code of professional conduct to revoke broadcast licences of notable TV channels broadcasting in Iraq in 2014, prior to ISIS takeover of Mosul, for their critical coverage of the unrest that proceeded the collapse of the security forces. The current CMC attitude is expected to continue at least until it is satisfied that enough stability is reached post insurgency to relax its regulation.</p>'),
	(102206,5555,'lawUpdateArticleWriters','1'),
	(102207,5555,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(102208,5555,'_yoast_wpseo_metadesc','Healthcare is one of the main focus areas of Vision 2030 and this article considers what is envisaged and what this could entail for the sector and for the foreign investor.'),
	(102209,5556,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The process for transferring or changing the MAH begins with the submission of an application to the JFDA, together with all the required documents explaining the justification and scientific basis for the change.</p>\r\n<p class=\"p1\"><span class=\"s1\">The detailed requirements for the submission of documents are beyond the scope of this article, accordingly, we focus on the overall process and key points of interest only. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Change of MAH</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">When there is an MAH change, the JFDA requires a separate application for each product affected. The JFDA begins the process by first accepting a general application. Once approved, the application and all the required documents are submitted along with the fees, and then transferred to the related committee. The file is then evaluated, and upon acceptance, the current MAH will be cancelled and the new MAH will be recorded for each product. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> The JFDA regulations require that the application, along with the required supporting documents, are submitted by a pharmacist in charge on behalf of the supplier (Agent), or the technical manager for the factory to avoid the involvement of lay persons. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> It is important to note that the requirements mentioned below are only related to changing the MAH (transferring the legal entity) - there must be no change of any kind to the product itself, to the approved method, or the site of manufacture - since such changes are likely to trigger other reporting obligations. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Change in the name or address of the MAH</strong></span></p>\r\n<p class=\"p1\"><span class=\"s3\">As mentioned above, specific details are important to the JFDA. For instance, if the MAH change relates to a change of address, the application should differentiate between a change of address within the same country, and a change of address to a different country. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Government fees</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">Currently, there is a fee schedule detailing the fees associated with the change of MAH. Specifically, Regulation No.19 of 2015 imposes administrative fees for a change in the MAH or product license. These fee schedules are amended from time to time and should be ascertained before the submission of the application. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Missing documents</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">It should be noted that if any of the required supporting documents are not submitted along with the application, the JFDA requires the applicant to submit a justification and the scientific basis for not submitting a document.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> However, If a document is simply ‘missing’ or the applicant cannot produce a required document, it is unlikely that this will be acceptable to the reviewer, with the likely consequence being that the application will be put on hold or possibly rejected. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Consequential impacts</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">Once the MAH has been changed, the product label must be updated to reflect the new MAH details. The amended details must be included on the internal leaflet, and on the product packaging. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> It is worth noting that the Medicine and Pharmacy Law No. 12 of 2013 does not permit any tampering of product labelling thus, over-labelling is not permitted. Notably, this is a stricter approach compared to any other Gulf states, where over-labelling, or the application of a non-removable sticker with the new MAH details are permitted, and where the new labelling solutions are approved by the regulator. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Inventory already within the market</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">One major worry for a pharmaceutical company undertaking this process is the current inventory within the market. In Jordan, following the change to the new MAH, the JFDA will typically allow existing stock to remain on the market for a ‘grace’ period of one year, except in circumstances where any change may affect the safety and efficacy of the product. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> However, in practice, the JFDA may apply its discretion to grant a longer ‘grace’ period of up to two years.</span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Voluntary withdrawal of the MAH</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">Where the MAH wishes to voluntarily withdraw its marketing authorisation, this constitutes a ’cancellation’. As a result of this cancellation, the product will be withdrawn from the market. It is also possible for the product registration will be cancelled. Hence, cancellation of the marketing authorisation and the withdrawal from the market always occur at the same time.</span></p>\r\n<p class=\"p1\">In such situations, the JFDA must be notified of the reason for the withdrawal. This is especially so if the withdrawal is related to efficacy, safety, quality and/or compliance issues. Additional measures may be required if the withdrawal/cancellation is due to such issues as safety, which is beyond the scope of this article.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The length of time it takes to cancel or withdraw a marketing authorisation varies depending on the reasons stated by the applicant. Generally, the JFDA is not favourable to removing products registered in Jordan, since this may result in limiting the range of products available to healthcare providers and/or consumers. However, if there are any safety or pharmacovigilance concerns the JFDA will generally react decisively and handle the cancelation or withdrawal differently. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> As we can see from the above, we consider that the JFDA has developed specific regulations for the change of MAH which aim to protect the interests of pharmaceutical companies in the jurisdiction, while at the same time maintaining the highest standards of pharmacovigilance within the MENA region. </span></p>');

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	(102198,5555,'content_description','On 25 April 2016 Saudi Arabia unveiled an ambitious plan called Saudi Vision 2030 (“Vision 2030”) to transform its economy and diversify the country’s sources of income away from its current dependence on oil. In addition to this the National Transformation Program 2020 (“NTP”) was approved in June 2016 by the Saudi Cabinet as the interim medium for realising the goals laid down in Saudi Vision 2030. '),
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	(102200,5555,'pageSummary','On 25 April 2016 Saudi Arabia unveiled an ambitious plan called Saudi Vision 2030 (“Vision 2030”) to transform its economy and diversify the country’s sources of income away from its current dependence on oil. In addition to this the National Transformation Program 2020 (“NTP”) was approved in June 2016 by the Saudi Cabinet as the interim medium for realising the goals laid down in Saudi Vision 2030.'),
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	(102183,5554,'content_description','In the past, there has generally been limited encouragement and focus in Saudi Arabia on sports, participation in sports, and development of sports infrastructure (with the limited exception of Saudi’s soccer clubs). Participation at major sports events, such as the Olympics, has also been very limited. Women’s participation in sports has been particularly limited.'),
	(102184,5554,'_content_description','field_59b641c07f473'),
	(102185,5554,'pageSummary','In the past, there has generally been limited encouragement and focus in Saudi Arabia on sports, participation in sports, and development of sports infrastructure (with the limited exception of Saudi’s soccer clubs). Participation at major sports events, such as the Olympics, has also been very limited. Women’s participation in sports has been particularly limited.'),
	(102186,5554,'_pageSummary','field_59e59b307dec8'),
	(102187,5554,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/developments-in-saudi-sports-following-saudi-vision-2030.html'),
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	(102193,5554,'_yoast_wpseo_metadesc','There are encouraging signs that this may be changing following the announcement of Saudi Vision 2030 and subsequent announcements and developments.'),
	(102194,5555,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">Healthcare is one of the main focus areas of Vision 2030 and this article considers what is envisaged and what this could entail for the sector and for the foreign investor.</p>\r\n<p class=\"p2\"><strong>Vision 2030</strong></p>\r\n<p class=\"p2\">Vision 2030 is a comprehensive plan for reform of the entire economic structure of Saudi Arabia. The main goals are to develop other industries and sectors to ensure that the economy is no longer as dependent on oil as a source of income and to decrease public spending with a greater emphasis and participation from the private sector.  In order to ensure that these goals are met and the vision of Vision 2030 becomes a reality the following targets have been set:</p>\r\n\r\n<ul>\r\n 	<li>Reduction of the dependence of the economy on oil through the development of other industries and sectors;</li>\r\n 	<li>Reduction of public spending through more efficient use of current resources;</li>\r\n 	<li>Greater participation of the private sector and an increase in its contribution to GDP;</li>\r\n 	<li>Creation of an attractive environment for both local and foreign investors; and</li>\r\n 	<li>Increased employment and participation of Saudi nationals in the workforce.</li>\r\n</ul>\r\n<p class=\"p6\">The targets are ambitious and require a comprehensive course of action to meet the targets laid down in Vision 2030. To achieve this, the following initiatives have been proposed:</p>\r\n\r\n<ul>\r\n 	<li>Entering into partnerships and joint ventures with large international companies;</li>\r\n 	<li>Encouragement of public-private partnerships to facilitate the flow of private investment;</li>\r\n 	<li>Enterprises to encourage privates sector investment in healthcare, municipal services, housing, finance, energy and education;</li>\r\n 	<li>The facilitation of foreign access to investing and trading in Saudi Arabia’s stock markets (this will include the listing of private companies and state owned enterprises such as Aramco);</li>\r\n 	<li>Support and promotion of leading national companies;</li>\r\n 	<li>Regulatory reform with the strict adherence to international and commercial regulations;</li>\r\n 	<li>Facilitation of the movement of people and goods through streamlined licensing and customs procedures;</li>\r\n 	<li>Improved education and training initiatives for Saudi nationals.</li>\r\n</ul>\r\n<p class=\"p6\">The NTP is the interim action and development plan for Vision 2030 which sets out strategic objectives to be met by a number of government bodies by 2020.  It has identified common national priorities and goals to be achieved through the following:</p>\r\n\r\n<ul>\r\n 	<li>Contributing to Job Creation</li>\r\n 	<li>Strengthening Partnerships with the Private Sector</li>\r\n 	<li>Maximising Local Content</li>\r\n 	<li>Digital Transformation</li>\r\n</ul>\r\n<p class=\"p6\">The following strategic objectives have been identified for the Saudi Arabian General Investment Authority (“SAGIA”) to achieve:</p>\r\n\r\n<ul>\r\n 	<li>Improve administrative and procedural environment to enable significant investments;</li>\r\n 	<li>Improve infrastructure needed to ensure ease of doing business;</li>\r\n 	<li>Excel in investor services and improve their level of satisfaction.</li>\r\n</ul>\r\n<p class=\"p6\">These objectives are based on the targets laid down in Vision 2030. The main aim being the creation of an attractive environment for both local and international investors to enhance their confidence in the Saudi economy.</p>\r\n<p class=\"p1\">The strategic objectives identified for the Ministry of Health and the Saudi Food &amp; Drug Authority (the regulatory authority for pharmaceuticals and medical devices) are discussed in more detail below.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Focus on Healthcare</strong></span></p>\r\n<p class=\"p1\">A target of Vision 2030 is greater participation of the private sector within the economy and this is especially so of healthcare. There is a definite move towards privatisation with a stated objective in the NTP of increasing private healthcare expenditure from the current 25 per cent to 35 per cent of total expenditure by 2020. This represents a projected increase in revenue generated from 3 Billion SAR to 4 Billion SAR. In addition to this, the Ministry of Health plans to spend over 23 Billion SAR on new initiatives over the next 5 years.</p>\r\n<p class=\"p1\">The NTP has identified the following strategic objectives for the Ministry of Health and the Saudi Food &amp; Drug Authority (‘SFDA’):</p>\r\n<p class=\"p1\"><em>Ministry of Health</em></p>\r\n\r\n<ul>\r\n 	<li>Increase private sector share of spending through alternative financing methods and service providers;</li>\r\n 	<li>Increase the efficient utilisation of available resources;</li>\r\n 	<li>Improve the efficiency and effectiveness of the healthcare sector through the use of information technology and digital transformation;</li>\r\n 	<li>Increase training and development both locally and internationally;</li>\r\n 	<li>Increase the attractiveness of nursing and medical support staff as a preferred career path;</li>\r\n 	<li>Improve healthcare provision before hospitalisation and in the main hospitals (ER &amp; ICU);</li>\r\n 	<li>Improve integration and continuity in service provision by developing the primary care;</li>\r\n 	<li>Improve the infrastructure, facility management and safety standards in healthcare facilities;</li>\r\n 	<li>Attain acceptable waiting times across all stages of service delivery;</li>\r\n 	<li>Improve governance in the health system in order to enhance accountability with regards to quality issues and patient safety;</li>\r\n 	<li>Adopt a national plan for emergency response to public threats in line with international standards;</li>\r\n 	<li>Identify additional sources of revenues;</li>\r\n 	<li>Improve public health services with focus on obesity and smoking;</li>\r\n 	<li>Improve the quality of life and healthcare service provided to patients outside hospitals;</li>\r\n 	<li>Improve quality and safety principles as well as skills of service providers.</li>\r\n</ul>\r\n<p class=\"p2\"> <em>SFDA</em></p>\r\n\r\n<ul>\r\n 	<li>Ensure sufficient supply of basic medicines.</li>\r\n</ul>\r\n<p class=\"p6\">These objectives are based on the targets laid down in Vision 2030. The main aims being the improvement of the quality of healthcare services, the expansion of the privatisation of government services and finally the creation of an attractive environment for both local and international investors.</p>\r\n<p class=\"p1\">The strategic objectives stated for healthcare in the NTP are extensive and in order to successfully meet them the initiatives will be launched this year at the following ministries and authorities:</p>\r\n<p class=\"p1\"><em>Ministry of Health</em></p>\r\n\r\n<ul>\r\n 	<li>Reform and restructuring of primary health care;</li>\r\n 	<li>Encouraging the pursuit of nursing and clinical health professions through amendment of some policies and the participation of such by all community segments;</li>\r\n 	<li>Private-public partnership through the privatisation of one of the medical cities and localisation of the pharmaceutical industry;</li>\r\n 	<li>Increasing the capacity and quality of healthcare education (through partnership with the Ministry of Education);</li>\r\n 	<li>Health Insurance &amp; medical services purchase schemes;</li>\r\n 	<li>Increasing the number of trained health practitioners and improving their training</li>\r\n</ul>\r\n<p class=\"p2\"><em>SAGIA</em></p>\r\n\r\n<ul>\r\n 	<li>Development and execution of a plan for localising the healthcare industry and services sector</li>\r\n</ul>\r\n<p class=\"p1\"><em>SFDA</em></p>\r\n\r\n<ul>\r\n 	<li>Establishment of a Centre for Standardisation of Medical Products and Equipment</li>\r\n 	<li>Establishment of a Unified Electronic System</li>\r\n</ul>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Opportunities for the Foreign Investor</strong></span></p>\r\n<p class=\"p1\">Vision 2030 offers many opportunities in healthcare for the foreign investor in key areas which can be identified in the NTP as follows:</p>\r\n\r\n<ul>\r\n 	<li>Additional private medical facilities;</li>\r\n 	<li>Increased medical insurance;</li>\r\n 	<li>Increased use of information technology;</li>\r\n 	<li>Healthcare Education;</li>\r\n 	<li>Provision of improved training facilities;</li>\r\n 	<li>Enhanced professional development;</li>\r\n 	<li>Local manufacture of pharmaceuticals.</li>\r\n</ul>\r\n<p class=\"p6\">Foreigners are able to own and manage hospitals in Saudi Arabia but are unable to own or manage other healthcare institutions. It is envisaged that foreign participation and investment in new hospitals will take place through public-private partnerships and joint ventures with Saudi owned entities.</p>\r\n<p class=\"p1\">Medical insurance is already compulsory for expatriates and Saudi nationals (and their dependents) working within the private sector. Citizens working within the public sector currently receive free coverage in government health care centres and public hospitals. It is not known at this stage how medical insurance will develop however as more public services are privatised and public-private partnerships are entered into the provision of healthcare will naturally transfer to the private sector. In anticipation of this, we understand that current medical insurance providers are developing products that cater for public sector employees to meet future requirements.</p>\r\n<p class=\"p1\">Digital healthcare innovations are key for supporting Vision 2030 as the Ministry of Health is aiming for at least 70 percent of Saudi citizens to have unified digital records by 2020. In addition information technology solutions will improve the performance and productivity of healthcare providers and will enable a better quality of service to be provided. Software that assists with the treatment of medical issues such as the diagnostic process is considered a medical device whereas other software used with the healthcare sector is not. We have assisted a number of healthcare technology providers looking to carry out business in Saudi Arabia either directly or through a distributor and expect this to continue as the opportunities for investment here are recognised more and more. In addition, we are seeing an increasing interest in telemedicine which enables providers to offer services within the country under the supervision of locally registered physicians on a consultancy basis.</p>\r\n<p class=\"p1\"><span class=\"s2\"> The NTP places a great deal of emphasis on healthcare education and training. There is a recognised need for qualified Saudi healthcare practitioners and support staff as healthcare requirements increase and currently the sector is mostly supported by expatriate workers. The increased education and training needs will be catered for domestically and internationally potentially with links to world renowned institutions and public-private partnerships. Furthermore, this increased need could also be catered for through management and operational arrangements with internationally recognised service providers.</span></p>\r\n<p class=\"p1\">Saudi Arabia is mostly dependent on imports for its pharmaceutical requirements and there is a desired need for pharmaceuticals to be manufactured locally to ensure an adequate supply of medicines. Foreign pharmaceutical manufacturers are being actively encouraged to establish plants in Saudi Arabia through public-private partnerships and joint ventures with national entities. Incentives are being offered in the form of preferential treatment in future volume tenders. As an additional incentive, foreign owned manufacturers within Saudi Arabia are able to distribute and sell pharmaceuticals within the country whereas all imported pharmaceuticals can only be distributed through a Saudi distributor.</p>\r\n<p class=\"p1\"><span class=\"s3\"> The SAGIA website lists the manufacture of medical devices and equipment as an investment opportunity for foreign investors. Currently the majority of medical devices and equipment are manufactured abroad and are imported into the country. The Ministry of Health is supporting local manufactures by partnering multinationals with Saudi companies with the incentive of guaranteed volumes for Ministry of Health purchases and preferential treatment in future volume tenders. Furthermore, foreign owned manufacturers within Saudi Arabia have the additional benefit of being able to distribute and sell medical devices within the country without the need of a local distributor. </span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\"><span class=\"s3\">The potential effect of Vision 2030 is far reaching and if achieved will bring enormous benefit to the economy of Saudi Arabia. There is a huge possibility for foreign investment albeit in limited areas. It is clear that foreign investment is being guided in a carefully controlled direction with activities such as the distribution of imported pharmaceuticals and medical devices being reserved for Saudi entities and citizens. Furthermore, most healthcare institutions will remain within the ownership and control of Saudis. All foreign investors must have something to offer the country and must demonstrate a commitment to assisting Saudi Arabia in reaching the goals laid down in Vision 2030. For the investors willing to do so the possibilities are endless.</span></p>'),
	(157806,5555,'core_values',''),
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	(102179,5554,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">Saudi Professional League’s soccer clubs have historically been government owned and heavily subsidised. There has been talk for several years of privatisation but without progress.</p>\r\n<p class=\"p1\"><span class=\"s1\"> There are encouraging signs that this may be changing following the announcement of Saudi Vision 2030 and subsequent announcements and developments.</span></p>\r\n<p class=\"p2\"><strong>Sports and Saudi Vision 2030 </strong></p>\r\n<p class=\"p2\">Saudi Vision 2030 was announced in April 2016 and represents Saudi Arabia’s plan not only to diversify its economy and address the challenges brought by low global energy prices but also to implement far reaching  social and life style changes.</p>\r\n<p class=\"p1\"><span class=\"s1\"> One of the goals of Saudi Vision 2030 is ‘creating a vibrant society with fulfilling lives’ through amongst other things ‘the promotion of physical and social wellbeing and healthy lifestyle’. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Saudi Vision 2030 acknowledges that opportunities for playing sports in Saudi Arabia have previously been limited and recognises the importance of sports as part of a healthy lifestyle. Saudi Vision 2030 includes the aim of ‘encouraging widespread and regular participation in sports and athletic activities, working in partnership with the private sector to establish additional dedicated facilities and programmes . . . we aspire to excel in sports and be among the leaders in selected sports regionally and globally’.</span></p>\r\n<p class=\"p2\"><strong>Grassroots development of sports and sporting infrastructure</strong></p>\r\n<p class=\"p2\">In June 2016, the National Transformation Program 2020 (‘NTP’) was launched by the Saudi Government as the first stage of the implementation of the Saudi Vision 2030 with the aim of meeting interim targets by 2020 through various strategic initiatives across 24 Saudi governmental bodies including the General Authority for Sports (previously called the General Presidency of Youth Welfare).</p>\r\n<p class=\"p1\"><span class=\"s1\"> The NTP contains a list of 22 initiatives based around the following main strategic objectives:</span></p>\r\n\r\n<ul>\r\n 	<li>the promotion of sports and physical activities;</li>\r\n 	<li>improved return on investment in sports clubs and facilities; and</li>\r\n 	<li>enabling Saudi elite athletes to achieve high performance on a sustainable basis in different sports.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\"><span class=\"s3\">As well as targeting significantly improved performance at international sporting games, there is a heavy emphasis in the NTP initiatives on improving sports infrastructure and facilities at the grassroots level, for example, in schools, through the addition of women’s sports facilities, and through local communities, where previously investment has generally been very limited.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Saudi Vision 2030 and the NTP target increasing the scale of community participation in sports from 13 per cent to 40 per cent by 2030.</span></p>\r\n<p class=\"p2\"><strong>Subsequent Developments</strong></p>\r\n<p class=\"p2\">In May 2016, the General Presidency for Youth Welfare was renamed the General Authority for Sports with enlarged responsibilities for licensing sports and sports clubs, and with responsibilities for the construction of sports facilities for clubs and the public.</p>\r\n<p class=\"p2\"><strong>Women’s Sports</strong></p>\r\n<p class=\"p2\">In August, Saudi Arabia’s Cabinet announced the appointment of Princess Reema Bint Bandar Al Saud, a prominent Saudi Princess, as head of a new Department for Women’s Affairs at the General Authority for Sports. This has been widely seen as signalling potential greater female access to sports in the Kingdom, a country where women’s participation in sports has been relatively rare.</p>\r\n<p class=\"p1\"><span class=\"s1\"> Following the appointment of Princess Reema in November 2016, the General Authority for Sports and the prestigious Princess Nora University in Riyadh, the largest women’s university, signed a memorandum of cooperation for the promotion of sports facilities with a view to the promotion of healthy lifestyles.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Somewhat controversially, given the Kingdom’s conservatism in some quarters, further plans in relation to women’s sports include:</span></p>\r\n\r\n<ul>\r\n 	<li>the licensing for the first time of women’s gyms; and</li>\r\n 	<li>modifying outdoor areas to allow women to work out without being seen by men.</li>\r\n</ul>\r\n<p class=\"p2\"><strong>Privatisation and promotion of soccer and other sports clubs</strong></p>\r\n<p class=\"p2\">In a further major development, in November, the Council of Economic and Development Affairs (‘CEDA’) directed the General Authority for Sports to establish a Sports Development Fund within three months to support and invest in different sports and to establish and fund amateur sports programmes.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The objectives of this fund include providing loans for sports clubs, promoting sports events, helping privatise sports clubs, and setting up and funding sports incubators, with a view to the creation of up to 40,000 jobs. The fund is targeted to be at least US$ 650 million.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> At the same time CEDA also approved the formation of a committee (headed by the Chairman of the General Authority for Sports  and including representatives of the Saudi Arabian Football Federation and the Saudi Professional League) to supervise implementation and completion of the procedures for the privatisation of the Saudi  Professional League’s soccer clubs. The privatisation of the soccer clubs is intended to help provide the funding for the development of other sports and sporting programmes.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Details as to how such privatisation will be achieved are not yet available.</span></p>\r\n<p class=\"p2\"><strong>Trademarks and logos</strong></p>\r\n<p class=\"p2\">In a further sign that the Saudi authorities are now focusing on protecting value in sports clubs, in July 2016, the General Authority for Sports and the Ministry of Commerce and Investment organised a campaign to raise awareness amongst soccer, and other sports clubs of the importance of registering trademarks to protect the value of their merchandise and services (such as replica soccer kits). As part of this campaign the authorities are targeting areas to combat the display and sale of counterfeit merchandise.</p>\r\n<p class=\"p2\"><strong>Watch this space</strong></p>\r\n<p class=\"p2\">It is relatively early following the launch of Saudi Vision 2030 but there is a clear impetus to move the plans forward quickly, but in a financially balanced way.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The general move to promote sporting activities and sports facilities, both at the community and national level, and developments such as the launch of the new sports fund and the apparently aligned privatisation of the Saudi Professional League soccer clubs, are major developments which should give rise to significant opportunities for foreign companies involved in the sports sector.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> As a minimum such opportunities might include:</span></p>\r\n\r\n<ul>\r\n 	<li>increased demand for sports equipment and sports services; and</li>\r\n 	<li>increased demand for services related to the supply, management and operation of sports facilities.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s1\">All those involved in the sports sector should keep a close eye over the coming months and years on developments in this sector in Saudi Arabia.</span></p>\r\n<p class=\"p6\"><span class=\"s1\"> </span></p>\r\n<p class=\"p6\"><span class=\"s1\"><em>Jonathan Reardon (j.reardon@tamimi.com) is the Head of Al Tamimi’s Al Khobar office and a key member of the firm’s dedicated Sports Law practice.  Jonathan is a highly experienced Corporate Commercial Lawyer with more than 30 years of professional experience, having also acted for sports management companies, sports associations and clubs in a range of cases notably for Wasserman Media Group on its acquisition of market leading European football player agency, SFX Sports Group, and advising the British Bloodstock Association for many years.</em></span></p>'),
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	(102178,5553,'_yoast_wpseo_metadesc','The GCC countries are taking initiatives for the accomplishment of technological advancements with the vision of expanding in the fields of science and technology.'),
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	(102164,5553,'content_description','Small and medium enterprises (‘SMEs’), including start-ups, are considered to be the engine of the economy and have always been positioned at the centre of attention by governments and policy makers desiring to foster technological developments and innovations, and to sustain an economy based on innovation and knowledge. '),
	(102165,5553,'_content_description','field_59b641c07f473'),
	(102166,5553,'pageSummary','Small and medium enterprises (‘SMEs’), including start-ups, are considered to be the engine of the economy and have always been positioned at the centre of attention by governments and policy makers desiring to foster technological developments and innovations, and to sustain an economy based on innovation and knowledge.'),
	(102167,5553,'_pageSummary','field_59e59b307dec8'),
	(102168,5553,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/leading-an-rd-innovation-sme-are-you-on-the-right-track.html'),
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	(102145,5552,'content_description','Current issues faced by the oil and gas industry '),
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	(102147,5552,'pageSummary','Current issues faced by the oil and gas industry'),
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	(102159,5552,'_yoast_wpseo_metadesc','In this article, we examine the innovation and diversification efforts of various national oil and gas companies (NOCs) in the Gulf region, and examine how structured strategies for diversification of IP protection (namely patents), can aid oil producers to fend off detrimental volatility and the uncertainty it causes.'),
	(102160,5553,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The GCC countries are taking initiatives for the accomplishment of technological advancements with the vision of expanding in the fields of science and technology, in the objective of transforming their economies traditionally based on petrochemicals to more diversified and sustainable economies with an important component based on research and development (‘R&amp;D’), technology, knowledge and innovation. Having realised that the achievement of such a vision passes necessarily through SMEs, an important part of the governmental initiatives are directed to attracting and supporting SMEs focusing on R&amp;D and innovations in the different industrial sectors. This has unfastened a wide arena for business developments and investments in the region in technology based SMEs, including start-ups focusing on R&amp;D and the development of innovative technologies in different technical fields. The main assets of these SMEs being innovations, it is crucial for them to adopt appropriate commercial and legal routes for the development, commercialization, and legal protection of these innovations in order to protect their investments and secure their sustainability and competitive edge. It is also important for investors investing in SMEs to conduct their own due diligences in order to manage their investment risks and business expectations, including appropriately assessing the actual value as well as business potential of these companies, essentially, based on the actual and prospective value of innovations and other valuable intangibles developed or under development by these companies.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Guiding R&amp;D and Innovations</strong></span></p>\r\n<p class=\"p1\"><span class=\"s2\">SMEs should focus their efforts in developing innovative technologies which are novel, inventive and useful in addition to being commercially viable with a commercial advantage with respect to existing technologies in the field. Innovative technologies can be pioneer technologies (not seen before) or can consist of improvements over existing technologies. Most of the innovations taking place are improvements over existing technologies, and they are used, in their turn, as a benchmark basis for future technological advancements by the same R&amp;D team or by others if they become part of the public domain. </span></p>\r\n<p class=\"p1\"><span class=\"s3\"> For technology based SMEs, innovation is generally the main or only asset on which they rely to attract investments, fund the operations of the company, and generate revenues. It is difficult for technology based companies nowadays to have a successful and sustainable business model without developing and commercialising innovative technologies. It takes on average between one to three years for SMEs to complete the research stage and to develop a first version of a product before they start the commercialisation stage and start generating money. This period may extend longer in case of life sciences based companies, such as chemical and pharmaceutical companies. During this period, entrepreneurs and start-ups normally rely heavily on capital investments, including their own savings as well as on a limited number of investors. </span></p>\r\n<p class=\"p1\"><span class=\"s2\"> Therefore, it is crucial for SME’s to appropriately guide their R&amp;D projects in order to develop an innovative product worth the investment made. Otherwise, they would spend human capital, time, and money in working on a technology already existing in the field. This is a common issue faced by inexperienced entrepreneurs and SMEs. Focusing efforts and money on developing a technology which turns out to be existing in the technical art or which falls short of providing a technical/commercial edge over existing technologies can have heavy business consequences. This can lead to bankruptcy or the cease of operations, especially in case of entrepreneurs and start-ups which normally have limited fund sourcing and their business continuity relies on the success or failure of a single or few technical projects. </span></p>\r\n<p class=\"p1\">Not only it is important for the innovative project to be new and inexistent as a commercial product in the market, but also to reflect an innovative concept not known in the technical field that is eligible for protection from the intellectual property perspective. It is intellectual property, particularly patents and industrial designs, at the end of the day, that provides proprietary rights on developed innovative technologies, prohibiting others from using the technology without authorisation, and, therefore, boosting the commercial value of these technologies and of the companies.</p>\r\n<p class=\"p1\"><span class=\"s2\"> It is, therefore, recommended for R&amp;D and innovation based companies to conduct state of the art landscape searches as early as possible in the R&amp;D process in order to determine the state of the technical art and to calibrate and guide the R&amp;D project. As a result, efforts can be focused towards the development of an innovative technology that is commercially viable and eligible for intellectual property protection, with inventive technical contributions and improvements over existing and competing technologies. Companies can seek assistance and training by specialised professionals, including patent professionals, to conduct these state of the art landscape searches and for reading through, analysing and applying the results to realign their R&amp;D projects. These searches are normally conducted iteratively throughout the R&amp;D process.</span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Funding R&amp;D and Innovations</strong></span></p>\r\n<p class=\"p1\">Seeking and managing an initial funding is crucial for the R&amp;D stage. Initial funding generally come from personal savings of the founders, personal loans, or from capital funding, which is more difficult and more costly to obtain when companies are in the early stage of their R&amp;D project and absent proof of concept.</p>\r\n<p class=\"p1\">Seeking and selecting capital fund investors is a business decision that should be considered carefully and wisely based on the commercial and financial needs to fund the development of these innovations during the R&amp;D and commercialisation stages. Capital share investors look to secure a portion in the capital share of the company as a counterpart to their investments, and, in some cases, participation in the management of the company. Active investors (with participation rights in the business management) should be considered and selected carefully based on the profile of the investors and the company’s business needs in such a manner as to fulfill certain expertise required by the companies for the success advancement of their projects. Active investors would act as business partners; thus, the importance for the companies of selecting these partners diligently is to ensure business vision alignment and the smooth management of the operations.</p>\r\n<p class=\"p1\">Amount, timing, and equity tradeoffs for these investments should also be considered wisely so as not to dilute the founders share portions unnecessarily, in case these investments are not required. Normally, the earliest investment is sought, the higher the risk is for investors, and the more they would require in equity counterpart to their investments. The risk would be reduced substantially after intellectual property protection is sought and a technical and commercially viable prototype is developed. It is, therefore, generally advantageous for start-ups to limit and reduce the calling for funds from capital fund investors, where practically possible, until securing intellectual property protection and developing a first viable prototype. The negotiation position would substantially increase for companies once these are secured. Using these funds wisely is also extremely important. The first funds are normally used to fund the R&amp;D operations, secure the first intellectual property rights, and build a viable prototype. Unnecessary spending on other secondary matters is to be avoided during the first R&amp;D stage, absent specific valuable reasons justifying such spending.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Protecting R&amp;D and Innovations</strong></span></p>\r\n<p class=\"p1\">Intellectual property protection improves the business position of R&amp;D and innovation based companies by securing proprietary rights to their innovations and monopoly for the commercialisation of these. Some types of R&amp;D and innovations are more sensitive to intellectual property protection than others, which means that a higher focus on intellectual property protection would secure a more substantial return on investment than others. This would reflect in a substantially better business position and in leading to more commercial and financial returns for the company compared to the investments made. This is particularly the case for innovations with a reasonably medium to high life expectancy before they become obsolete and outrun by the advancement of other competing technologies or by the needs of the market. The life expectancy may be assessed by, among others, the period of time required for the competition to develop a competing technology with a better competitive edge over the developed one and by the needs of the market to continue using the innovation. Life expectancy is particularly high for information and communication technologies (‘ICT’), transport, aerospace and defence, healthcare and biomedical, clean energy, integrated circuits (‘IC’), and pharmaceutical and chemical related technologies.</p>\r\n<p class=\"p1\">The main intellectual property rights involved in the protection of innovations are patents and industrial designs. Patents are related to the protection of the structural and functional aspects of innovations where industrial designs are related to the protection of the visual and ornamental features of these. There are other types of intellectual property rights, including copyright, plant varieties, and trade secrets, which may also be relevant depending on the nature of the innovation. Trade marks, another form of intellectual property, should also be considered to protect the brand of the product when it reaches the commercialisation stage.</p>\r\n<p class=\"p1\">There is an advantage to considering patent and industrial design protection very early in the R&amp;D stage. Such consideration should be made as soon as the innovative concept is conceived and is theoretically workable. It is not necessary to wait for the development of a working prototype. The earlier patent/design protection is sought, the earlier proprietary rights for the invention are allocated to its owners, which would provide them a priority over others on the property of the innovation. Also, the quicker a patent/industrial design is granted, the quicker the company can use the legal remedies available under the applicable patent/industrial design law to enforce their monopoly rights in the innovation against competition and exploit their rights to licence the patented innovation and benefit from royalties.</p>\r\n<p class=\"p1\"><span class=\"s4\"> Patent/industrial design protection should be sought even before reaching out to investors, where practically and financially possible. If there are restrictions in time/budget, provisional protection may be sought quickly and inexpensively, before disclosure is made, to preserve patent rights in the invention for a given period of time. At a strict minimum, a confidentiality agreement (also called a non-disclosure agreement) must be put in place between the disclosing and receiving parties. Confidentiality agreements, however, have their limitations in case of breach. Also, intellectual property protection boosts the financial value of an innovation and of the developing company, thereby, providing better commercial leverage while seeking investors or commercial partners.  </span></p>\r\n<p class=\"p1\"><span class=\"s4\"> In all cases, it is imperative to seek patent/industrial design of an innovation while it is still at the confidential stage and before any public disclosure thereof, as such disclosure may irrevocably compromise protection of the innovation. </span></p>\r\n<p class=\"p1\"><span class=\"s2\"> An appropriate intellectual property protection strategy, including patents and designs, should be adopted with the help of intellectual property professionals on a case by case basis based on the nature of the innovation, the commercial objectives, the potential markets and budget. An effective intellectual property strategy would also address protection of an innovation from different angles and using the different legal vehicles available in order to make it more difficult for competition to design around or benefit from unprotected aspects of the innovation.</span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Consideration for Investors: Conducting Due diligence and IP Valuation</strong></span></p>\r\n<p class=\"p1\"><span class=\"s2\">Investing in R&amp;D and innovation startups presents as much risks as opportunities. There are no strict rules to which to adhere for the investors before planning to invest in startups, however, as a matter of guidance, it is advisable to appropriately conduct a due diligence. Such due diligence should include the assessment and valuation of intellectual property rights, particularly patents and industrial designs, associated to the R&amp;D and innovations developed or under development by the company as this would provide a better visibility on the prospects to succeed in the market. A startup with weak, or without, intellectual property assets has lower prospects of success in the market than a startup with a strong intellectual property portfolio. Without intellectual property protection, there is no exclusivity for the exploitation of an innovation and competition is free to adopt and commercialise the same without restrictions. This puts the company at high risk for competition and can largely affect commercial success and financial returns of the business. </span></p>\r\n<p class=\"p1\"><span class=\"s2\"> Assessment of intellectual property should account, among others, for current and/or prospective territorial coverage, temporal scope, and competitive scope secured by the protection. A patent application means little if not appropriately assessed as to the competitive scope and edge provided by the inventive subject matter. By such prospect, a patent application translates into a granted patent as an industrial design or other form of intellectual property rights. Due diligence should also extend to assess any risks of infringing third parties’ rights by the commercial exploitation of the innovation, in case the latter, at least partially, incorporates or builds on components subject to intellectual property rights owned by others. </span></p>\r\n<p class=\"p1\"><span class=\"s4\"> In this respect, a due diligence should account for any intellectual property litigations or infringement notices against the company, for the registration status of intellectual property rights and for the prospects of registering any unregistered intellectual property rights, including projects still at the research stage. A valuation of intellectual property would also be recommended once these rights are appropriately determined and assessed, which would provide investors with an indication on the current and/or potential value of the innovation. This value can then be considered in making the investment decision. </span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\">Business success of innovation based businesses is highly sensitive to the management of the business from the early stages, including appropriately obtaining and managing R&amp;D funds, guiding the R&amp;D projects, seeking intellectual property protection, and appropriately and wisely seeking and selecting the right investors.</p>\r\n<p class=\"p1\"><em>Ahmad Saleh regularly advises companies on patents &amp; designs and best practices for protection of such IPR’s. For further information please contact Ahmad Saleh (ah.saleh@tamimi.com).</em></p>'),
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	(102140,5551,'_yoast_wpseo_metadesc','The GCC countries have had the vision and objective of transforming their economies traditionally based on petrochemicals to more diversified and sustainable economies with an important component based on R&D, technology, knowledge and innovation.'),
	(102141,5552,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The recent slump in oil prices coupled with a depletion of existing reserves has caused the energy marketplace to focus upon diversification strategies and a movement toward innovation driven alternatives. The major players in the oil and gas industry are realising that, in the new age of innovation and technological advancement, those who can adapt and develop new technologies are better able to control and influence the market.</p>\r\n<p class=\"p3\">In the summer of 2014 a barrel of crude oil cost over US$100 and in 2016 the price had dropped by nearly half.  This trend was caused by various factors, including an increased supply along with a decreasing demand.</p>\r\n<p class=\"p3\">The volatility of the market has adversely affected Gulf countries that depend heavily on oil revenues and stability within the sector.</p>\r\n<p class=\"p3\">Accordingly, countries such as the UAE, Saudi Arabia and Qatar have increasingly focused upon innovation efforts and are recognizing the value of diversification of intellectual property (IP) assets. In this article, we examine the innovation and diversification efforts of various national oil and gas companies (NOCs) in the Gulf region, and examine how structured strategies for diversification of IP protection (namely patents), can aid oil producers to fend off detrimental volatility and the uncertainty it causes.</p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>How innovation impacts the oil and gas industry</strong></span></p>\r\n<p class=\"p3\">It is indisputable that in the last decade innovation has played a fundamental role for the oil and gas industry. The industry has been steadily redefining production possibilities, largely due to technological advances which have allowed extraction of fossil fuels that were not previously possible.</p>\r\n<p class=\"p3\"><span class=\"s2\"> The protection of IP has had a direct impact on these advances. Statistics provided by the United States Patent and Trademark Office (USPTO) show that the number of patents granted in the oil and gas sector has grown at a double-digit rate in the years following the 2008 recession.</span></p>\r\n<p class=\"p3\">The leading innovators have typically been service and equipment providers, resulting from their increasing investments in R&amp;D. For example, in 2013 alone, Halliburton invested US$588 million in R&amp;D, an increase of more than $100 million on its 2012 investment. The increase in R&amp;D has had a direct correlation to large patent portfolios.</p>\r\n<p class=\"p3\">Unlike oil and gas service companies, NOCs have historically lagged behind in recognising the value of innovation and in seeking IP protection, although this trend is changing.</p>\r\n<p class=\"p3\">In particular, NOCs are recognising that if new innovations are adequately protected, it enables them to maximise the benefit of those innovations. This includes harnessing the potential for income generation through licensing, preventing others from entering the market through patenting, procuring a competitive advantage from innovative technologies, and gaining access to other technologies through favourable cross-licensing arrangements.</p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>United Arab Emirates</strong></span></p>\r\n<p class=\"p3\"><span class=\"s3\">In the UAE each emirate controls its own oil production and resource development. The majority of UAE’s oil production comes from the emirate of Abu Dhabi, which accounts for around 95% of the country’s oil and gas. The Abu Dhabi National Oil Company (ADNOC) accounts for more than half of Abu Dhabi’s oil production. With 21 subsidiary companies, and operations covering all aspects of upstream and downstream processes in the energy industry, ADNOC is currently the world’s 12th largest oil producer.</span></p>\r\n<p class=\"p3\"><span class=\"s3\"> In recent years, ADNOC has made a focused push to increase innovation efforts through R&amp;D investment. An example is the funding and establishment of the Petroleum Institute University and Research Center (PI). PI is not only a teaching university but also acts as ADNOC’s R&amp;D arm. In further efforts, ADNOC has also partnered with Abu Dhabi’s Technology Development Committee for centralised and focused IP management services, which includes the management of ADNOC’s patent portfolio.</span></p>\r\n<p class=\"p3\"><span class=\"s3\"> This increased focus on IP protection and diversification has successfully led ADNOC to leverage proprietary technologies through commercialisation. As an example, ADNOC recently entered into an agreement with Schlumberger, a world leader in drilling technology, to license ADNOC’s proprietary offshore drilling technology for use in Schlumberger’s portfolio of drilling services. The technology greatly improves offshore drilling operations by improving borehole stability and reducing drill times, with significant potential savings for operating companies.</span></p>\r\n<p class=\"p3\"><span class=\"s3\"> ADNOC has further diversified by investing in the petrochemicals industry. Petrochemicals are chemical products derived from petroleum, such as plastics. ADNOC entered into a joint venture with Austrian based Borealis, to form Borouge (based in Abu Dhabi), a leading provider of innovative polyolefin plastics solutions. Borouge has its own R&amp;D facility which serves as the focal point of innovation and research in the field of polymer development and technology. Since the inception of the research and development operations a few years ago, Borouge has filed over 200 patents, which accounts for about 30% of all patents filed by UAE applicants and registered in the World Intellectual Property Organisation (WIPO) database. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>Saudi Arabia</strong></span></p>\r\n<p class=\"p3\">Saudi Arabia has recently resumed the position of the world’s top oil producer from the U.S., according to the International Energy Agency. The country’s national oil company, Saudi Aramco retains the most proven reserves and production of hydrocarbons worldwide. The Kingdom has reserves of 266 billion barrels, according to government estimates submitted to the Organisation of the Petroleum Exporting Countries.</p>\r\n<p class=\"p3\">Saudi Aramco has notable assets, including some of the world’s largest crude oil reserves, one of the largest daily producers of oil, and owner of the Ghawar field, the world’s largest oil field.</p>\r\n<p class=\"p3\">The company strives to foster a culture of innovation and exploration. Saudi Aramco’s R&amp;D activities are focused on innovative ideas to make its resources more accessible, useful, sustainable and competitive.  It is apparent that the company recognises that achieving innovation success requires consistent and diversified efforts with respect to R&amp;D.</p>\r\n<p class=\"p3\">One aspect of Saudi Aramco’s innovation strategy for diversification of its IP assets has been to create a global research network with the establishment of research facilities in targeted innovation hubs in the US, Europe and Asia. This has provided the company with a large pool of research talent globally. Its current research hubs include the King Abdullah University of Science and Technology (KAUST), and research centers in Boston, Houston, Paris, and Aberdeen, all focusing on a variety of specific technologies. These facilities are aligned and integrated with Saudi Aramco’s central R&amp;D organisations and its core businesses goals.</p>\r\n<p class=\"p3\">This focus on R&amp;D has allowed Saudi Aramco to build a diverse IP portfolio, which it leverages by commercialisation and collaboration with other industry leaders. The company’s patent procurement strategy has primarily focused on areas where IP protection provides a competitive advantage, global recognition and product differentiation. In 2014, Saudi Aramco was granted 99 patents by the U.S. Patent and Trademark Office, the most in a single year in its history, and 154 new patent applications were filed.</p>\r\n<p class=\"p3\">The company’s efforts to pursue and diversify its IP assets ranks it first among Arab countries in globally registered patents, holding around 45% of the total number of registrations.</p>\r\n<p class=\"p3\">Further diversification includes research areas in catalyst development, materials science, nanotechnology, robotics and solar energy materials.</p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>Qatar</strong></span></p>\r\n<p class=\"p2\">Qatar Petroleum (QP) is the state-owned public corporation responsible for the Qatar’s oil and gas business, both domestically and internationally.</p>\r\n<p class=\"p3\">QP has invested in a diversified portfolio of companies and activities including the exploration, production and sale of crude oil, natural gas and gas liquids, refined products, synthetic fuels, petrochemicals, fuel additives, fertilizers, liquefied natural gas, steel and aluminum.</p>\r\n<p class=\"p3\">In 2009, QP set up the Qatar Petroleum Research &amp; Technology Department which was tasked with planning and executing its R&amp;D needs for existing and new technologies, in an effort to broaden and diversify its business opportunities.</p>\r\n<p class=\"p3\">In just over two decades, Qatar has managed to transform itself from a small oil producer to a global supplier of energy. Today, the country is the world’s largest liquefied natural gas (LNG) producer with a production capacity of 77 million tonnes per annum (MTA). This significant achievement was possible due to QP’s long standing relationships with international partners including ExxonMobil, as well as through fostering an investor-friendly atmosphere which focused on innovation.</p>\r\n<p class=\"p3\">In 2015 Qatar reported LNG exports of 77.8 MTA, which allowed it to maintain its status as the largest LNG exporter, a title it has now held for a decade. The country accounts for just shy of a third of the global LNG supply.</p>\r\n<p class=\"p3\">Innovation is the major factor that has enabled Qatar’s LNG industry to flourish, and this has in turn significantly shielded QP from the volatility of crude oil prices. At the Qatar Science and Technology Park in Doha, international partners like ExxonMobil partner in R&amp;D efforts, new ideas and technological developments which are focused on environmental management and LNG safety. Through seeking and fostering international partnerships, QP has been able to bring important technologies to Qatar, which has resulted in milestones, such as deeper production wells which produce gas at higher flow rates than wells in other places such as the Gulf of Mexico and the North Sea.</p>\r\n<p class=\"p2\"><strong>Recommendations for IP strategies</strong></p>\r\n<p class=\"p2\">The view of IP, particularly patents, has shifted in the industry from merely being a legal instrument to an important financial asset and weapon. As discussed above, IP assets rather than physical assets have become more and more important to corporate wealth and to keeping a competitive advantage.</p>\r\n<p class=\"p3\">In the oil and gas industry, IP is generally protected under either a trade secret or through patenting. Trade secrets, however, do not allow the company to exclude others from using a particular technology if they have themselves independently developed it, whereas a patent gives the owner the exclusive right to practice the invention, the right to license it, and the right to exclude others from using the technology, which ultimately results in a competitive market advantage.</p>\r\n<p class=\"p3\">There are additional risks involved with trade secrets, such as reverse engineering of processes or products. Particularly in the GCC region, trade secret laws are weak and not well established, thus making the enforceability of rights a difficult exercise. The foregoing are notable considerations when companies are evaluating their technologies for protection under trade secrets versus patenting. On the other hand, patenting allows oil and gas producers to generate licensing revenues, ensures them freedom to operate, and provides bargaining chips to be cross-licensed or leveraged with other industry leaders.</p>\r\n<p class=\"p3\">A well designed patent strategy identifies the key business goals of the company, identifies the key players and competitors in that the particular technological field, and determines the focus of the patent portfolio, whether defensive or offensive. Defensive patents are those designed with the primary intention of defending a company against patent infringement lawsuits, whereas offensive patents are sought to protect and monopolise the invention by excluding others or by commercialising through licensing. An effective patent strategy is to diversify the patent portfolios to include both defensive and offensive patents, which allows a company to use its IP portfolio as both a sword and a shield.</p>\r\n<p class=\"p3\">Once an invention has been identified and selected for a patent application, several factors should be considered to determine the protection strategy, including territorial coverage and patent filing routes. The determinative factors include potential markets for the exploitation of the invention, cost, timing, the expected importance or commercial viability of the technology and how the technology aligns with the company’s core business plans.</p>\r\n<p class=\"p3\">A typical patent filing strategy in the oil and gas industry involves filing a first patent application (which can be in the home country), followed by a PCT International Application (Patent Cooperation Treaty), which allows applicants to simultaneously pursue individual patent applications in a large number of countries that are party to the PCT, up to 30 or 31 months from the first filing date. This provides applicants with a chance to determine the commercial viability of the invention and allows them ample time to determine which individual countries would be of interest in terms of protection.  The national filings based on a PCT application can be done at any time within the 30 or 31 months time frame, depending on commercial and legal needs which are assessed on a case by case basis.  Where potential markets include non-PCT contracting states, such as Iraq, a complementary protection strategy should be adopted early in the process, including a convention filing under the Paris Convention within the 12 months period from the filing date of the first application.</p>\r\n<p class=\"p3\"><span class=\"s2\"> For protection in the Gulf region, applicants have a first choice of filing a single GCC application which covers all the GCC states, within 12 months of the first filed application, or pursue an application in each individual country after 30 months via the international PCT route. The GCC is not a signatory to the PCT, therefore a single GCC application cannot be filed via the PCT route. Usually a single GCC application filed in parallel to an international PCT application is the most cost-effective means of obtaining patent protection in the GCC region, particularly because  a GCC patent is the only effective way to seek patent protection in certain countries such as Kuwait. National Kuwait patent applications are not currently examined and granted since the implementing regulations of the Kuwait patent law have not yet been adopted.  A GCC patent application can also co-exist with national patent applications in the GCC countries which can also be considered, depending on the filing and protection strategy.</span></p>\r\n<p class=\"p3\"><span class=\"s2\"> Once patent protection has been granted, it is important for each company to evaluate how to best commercialise the technology. This can include self use and/or technology transfer. Technology transfer can entail a lump sale of patent rights, or different licensing agreements, including exclusive or non-exclusive license rights to various third parties in the industry. Commercialisation or successful proprietary self use provides the company with means to exploit the financial advantages provided by the patent.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p3\">The general consensus among oil and gas companies is that the industry is at a critical juncture and it is imperative that NOCs in the Gulf region go beyond merely acknowledging the necessity to innovate and start executing upon this vision in a systematic way to  ensure their long-term survival in a volatile market. Investing in R&amp;D and developing targeted IP strategies are paramount to achieving this vision.</p>\r\n<p class=\"p3\">The global upstream oil and gas industry is projected to spend in excess of $1.6 trillion by the end of 2016. A considerable part of the upstream spend is in the development and introduction of new technology and ideas. Innovation is not simply down to the traditional measure of dollars spent, but also how that investment is implemented and administered. NOCs need to develop and foster innovation strategies that take into account factors such as geography, service models and their own production challenges, as there is no single solution that fits all company models.</p>\r\n<p class=\"p3\">Even in a growing market, companies face market volatility and ever-changing technical challenges, which can have a major impact on their ability to find and produce oil competitively. Increased focus on R&amp;D and strategic processes for recognising, protecting and commercialising IP can provide a buffer from market downturns and help companies, and particularly NOCs, to become industry leaders and compete on an international level.</p>'),
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	(102105,5550,'_yoast_wpseo_metadesc','In today’s information-based economy, intellectual property rights, and trademark rights in particular have received more media attention than ever before in the Middle East. Yet little has been said about trademark protection in a simply read format for the business community including branding personnel.'),
	(102106,5551,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The GCC countries have had the vision and objective of transforming their economies traditionally based on petrochemicals to more diversified and sustainable economies with an important component based on R&amp;D, technology, knowledge and innovation. An important part of this vision has been attracting and supporting SMEs who focus on R&amp;D and innovation in the various industrial sectors.</p>\r\n<p class=\"p1\">This has unfastened a wide arena for investments and technological developments within the region which we explore in further detail below.</p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Innovation Updates: UAE</strong></span></p>\r\n<p class=\"p1\"><span class=\"s2\">The UAE has adopted Vision 2021 with an aim to enlarge socio-economic development. It seeks transformation to a diversified and knowledge based economy by 2021 and the recognition that goes with that status. Vision 2021 is based on four principles, namely; United in Responsibility, United in Destiny, United in Knowledge and United in Prosperity. The vision focused upon improvisation in the fields of cohesive society and preserved identity, competitive knowledge economy, world-class healthcare, first-rate education system, sustainable environment and infrastructure, safe public and fair judiciary.</span></p>\r\n<p class=\"p1\"><span class=\"s2\"> An important consideration of Vision 2021 is the attraction and thereafter support of start-ups and SMEs to ripen the seeds of science and technology with the objective of achieving technological advancements. In order to facilitate this Vision 2021 objective, the UAE government has recently announced a $82 billion funding injection for innovations in the field of technology, with a view to transform UAE into a universal innovation hub.</span></p>\r\n<p class=\"p1\"><span class=\"s3\"> Statistics published in 2016 show that the fundamental business and socio-economic growth of the Dubai is contemplated via technological start-ups and SMEs representing 95% of the business sector, accounting for 86% of the workforce and contributing around 60% to the non-oil GDP. All this is driven successfully by the combined efforts of the government and the private players whereby technology based SMEs and start-ups are expected to play a significant role in developing innovation and strengthening the economy of the UAE. </span></p>\r\n<p class=\"p1\">Among the strategies adopted by the UAE to enhance in the development of innovation is the endorsement of public-private partnerships across the UAE.</p>\r\n<p class=\"p1\"><span class=\"s2\"> A large number of initiatives have been adopted in this respect, mainly in Dubai and Abu Dhabi, namely through research centres such as Khalifa Innovation Centre established by Khalifa University of Science &amp; Technology (KUSTAR) and the UAEU Science &amp; Innovation Park established by the United Arab Emirates University. </span></p>\r\n<p class=\"p1\">A number of innovation incubators and accelerators have also been established and initiated throughout the UAE. For example, the Dubai Future Accelerators program (the “Program”) which aims to attract and support entrepreneurs and start-up companies from across the globe and link them to local sponsors, mainly governmental entities, in various industrial fields with the objective of developing innovative technologies. The Program is for a three month duration per round receiving around 30 entrepreneurs each round most of whom come from outside the country. The first round which took place between September - December 2016 brought around 130 million dirhams of contract values to these entrepreneurs.</p>\r\n<p class=\"p1\"><span class=\"s4\"> Certain government-initiated innovation incubation and acceleration programs such as the Program are open to international entrepreneurs and companies. These international entities are provided with the opportunity to connect and work with local entities on projects of common interest which can then lead to business opportunities whilst giving entrepreneurs the opportunity to develop, test and deploy their innovations inside the UAE. </span></p>\r\n<p class=\"p1\">International companies continually show interest in opportunities inside the UAE due to its potential to become a regional and international innovation hub. However, certain government-initiated innovation incubation and acceleration programs are open only for UAE and/or GCC nationals. International companies can visit and review the eligibility conditions of the different governmental programs that are available.</p>\r\n<p class=\"p1\"><span class=\"s5\"> Private innovation incubators and accelerators also exist and are increasingly present in the UAE. These are normally open to foreign entrepreneurs and can offer a good starting point for business support and networking in the UAE. In addition, there are a number of corporate incubators established which provide physical environments and infrastructure for the establishment of companies in UAE free zone with 100% ownership rights including Dubai Science Park, Dubai Techno Park, Dubai Silicon Oasis, D3, Masdar City, Dubai Internet City, Dubai Biotechnology &amp; Research Park (DuBiotech), just to name a few. </span></p>\r\n<p class=\"p1\">Another example is Dubai SME which has instituted innovation incubation programs through its innovation arm Hamdan Innovation Incubator with the objective of backing entrepreneurs in the development, protection and commercialization of their innovations.</p>\r\n<p class=\"p1\">In Abu Dhabi, <em>the Takamul program</em> deployed by the Abu Dhabi Department of Economic Development supports and funds Emirati inventors, universities and companies in the protection and commercialization of their innovations.</p>\r\n<p class=\"p1\"><span class=\"s2\"> The importance of Vision 2021 is also evidenced by the launch of the <em>Science, Technology and Innovation</em> (STI) policy in the year 2015 by the UAE Government which aims to prepare the UAE for the post oil world. The STI policy is an exclusive policy which identifies the requirements and challenges faced by exceptional researchers and scholars of Universities and also technical entrepreneurs. These challenges include the limitations to access to advanced and specialized R&amp;D, R&amp;D infrastructure, high laboratory costs and prototyping facilities to name a few. The STI aims to support start-ups by not only funding the innovations but ensuring the availability of R&amp;D facilities for advanced research. It also aims to enhance the world class innovation ecosystem and offers availability of technology transfer and incubating innovation. To work on its implementation, the government established a committee known as the National Science, Technology and Innovation Committee policy in order to make the UAE amongst the most innovative countries in the world, owing to advanced and innovative talent, resources, legislations and infrastructure. </span></p>\r\n<p class=\"p1\"><span class=\"s3\"> In view of spreading a culture of innovation, since 2015 the UAE government has assigned a week in the month of November as innovation week taking. The objective of innovation week is for educating and encouraging the public as well as private entities to take initiatives in fostering and developing innovations with a number of programs to accolade innovators for their initiatives.</span></p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Innovation Updates: Saudi Arabia</strong></span></p>\r\n<p class=\"p1\"><span class=\"s2\">In a recent survey conducted in Saudi Arabia it was determined that young entrepreneurship and innovations in the field of science and technology are the next most economically effective forces after the oil industry. The Government is working towards implementing <strong>Vision 2030</strong> which was released in April of 2016 and which includes 80 projects costing up to $3.7 million and other implementation costs of $20 million. Vision 2030 is implemented with various objectives and targets sustainable development. It includes the following objectives:</span></p>\r\n\r\n<ul>\r\n 	<li>increase the non-oil revenue;</li>\r\n 	<li>developing a vibrant society with fulfilling lives;</li>\r\n 	<li>achieving environmental sustainability;</li>\r\n 	<li>raising the global ranking in the Logistics Performance Index (LPI) from 49 to 25 and to ensure that the Kingdom is a regional leader;</li>\r\n 	<li>improving social capital index from the current rank of #26 to rank #15;</li>\r\n 	<li>introduction of green cards:</li>\r\n 	<li>enhancement of tourism; and</li>\r\n 	<li>developing and facilitating SMEs and technology start-ups.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s3\">It has been slightly more than a decade since Saudi Arabia launched its most productive scheme for promoting the SMEs and start-ups. The SME Loan Guarantee Programme (KAFALAH), established in 2006 through the Saudi Industrial Development Fund, acts as a guarantor to commercial banks providing credit to SMEs. Another similar program known as the BADIR program for technology incubators commenced in 2008 with an aim to become the national incubation program. </span></p>\r\n<p class=\"p1\">Further, in 2012 Saudi Arabia announced its National Strategy which sets to transform the Kingdom into a knowledge based economy by 2030. Whilst, in 2015 Saudi Arabia triggered the development of SMEs by forming the Council of Economic Affairs and Development and the SME Authority in order to regulate entrepreneurial culture across the country.</p>\r\n<p class=\"p1\">Moreover, establishment of the National Science, Technology and Innovation Plan (NSTIP) in 2007 is a proof of the long term Saudi vision to progress in innovations and developments of technology. It encompasses eight major programs which are as follows:</p>\r\n\r\n<ul>\r\n 	<li>Strategic and advanced technologies;</li>\r\n 	<li>Scientific research and technical development capabilities;</li>\r\n 	<li>Transfer, development, and localization of technology;</li>\r\n 	<li>Science, technology, and society;</li>\r\n 	<li>Scientific and technical human resources;</li>\r\n 	<li>Diversifying financial support resources;</li>\r\n 	<li>Science, technology, and innovation systems; and</li>\r\n 	<li>Institutional structures for science, technology, and innovation.</li>\r\n</ul>\r\n<p class=\"p6\">The implementation of NSTIP is divided into 4 phases which is expected to complete by 2030. Dr. Alabdakadir, the NSTIP Secretary General, elaborated that “<em>the NSTIP has its strategic goals and an ambitious long-term vision to transform the economy and society of the Kingdom into knowledge based economy and society through a globally competitive national array</em>”. Since the establishment of NSTIP, the Kingdom has marked the growth of scientific publications and there is a sharp rise in patent filings both nationally and internationally through the Patent Cooperation Treaty (PCT) which KSA accessed on 3 August 2013.</p>\r\n<p class=\"p1\">The Saudi Government has funded various projects under the banner of NSTIP in various fields of science. This also includes the annual IP forums to promote discussion and improve understanding of IP issues within the academic and business communities and a series of IP awareness workshops targeting universities, research centers, and the industrial sector, with the support of World Intellectual Property Organization (WIPO).</p>\r\n<p class=\"p1\">The NSTIP has specialized programs such as the Technology Transfer and Localization Program which runs exclusively for SMEs and start-ups and is aimed to develop and implement strategies supporting innovation and technology development and identifying research centers for the research and development of advanced industrial technologies. It asserts promotes the formation of SMEs development center; five technology incubators; and a development and localization city to provide infrastructure for technical industry.</p>\r\n<p class=\"p1\">A number of academic institutions have also taken action to support entrepreneurship including King Abdulaziz City for Science and Technology (KACST), a scientific government institution that supports and enhances scientific applied research. KACST established various institutions to benefit the technology start-ups such as the Centre of Excellence in Astronautics and Aeronautics (CEAA) which has the aim of promoting start-ups in the field of aeronautical science.</p>\r\n<p class=\"p1\"><span class=\"s4\"> In terms of the objective of diversifying its economy into a knowledge based economy, Saudi Arabia is also working densely on public-private partnerships focusing on innovation developments. As an example of public-private institution, Saudi Arabia Advanced Research Alliance (SAARI) is working in collaboration with the King Abdullah University of Science and Technology (KAUST) to progress innovation and economic development.</span></p>\r\n<p class=\"p1\">One prominent technology based start-up funded by KAUST is a technology created by the company FalconViz. The technology consists of a 3D aerial scanning and modelling system that is adopted to multi-rotor copters and fixed wing unmanned aerial vehicles (UAVs). In addition, during the past year, huge funds were issued by the KAUST to Saudi Arabia based start-up NOMADD Desert Solar Solutions to support innovation in the field of the solar technology. Patent protection has been sought for the invention NOMADD (NO-water Mechanical Automated Dusting Device) pertaining to technology for cleaning dust from the surface of solar panels without using water and damaging the panels.</p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Innovation Updates: Qatar</strong></span></p>\r\n<p class=\"p1\">To indulge young entrepreneurs in science and technology and to lead the nation forward economically, the Qatar government has linked its services towards the development of science. Evidently, Qatar has brought transformation in the education system and has strengthened the human and capital resources required to achieve its goal. The Government has also made major investments in developing an advanced academic and research environment to conduct high level scientific experiments and research.</p>\r\n<p class=\"p1\">In November 2016, the Qatar Foundation (QF) signed a Memorandum of Understanding (“MOU”) with almost 500 start-ups with global venture capital provided start-up funds and accelerators to stimulate and advance innovation in the MENA region. Through partnership, participating organizations will provide  start-up funding, training and mentorship to  start-ups across the MENA region over the next five years. It is apparent that this initiative will trigger  start-ups to operate at an upgraded level by linking them to high tech companies. It has been reported that these high tech companies are major Silicon Valley players, such as Facebook, Salesforce and others.</p>\r\n<p class=\"p1\">The QF has a prominent funding role and it will become be an anchor investor in the MENA region to organize the annual world-class 500 Distro Dojo growth marketing accelerator program.</p>\r\n<p class=\"p1\">Moreover, the QF is a major funding unit in establishing R&amp;D centers across Qatar and it works as a custodian of the national research strategy and direct funding for research through the national research fund. In our view, the most important establishments of QF are: Qatar Biomedical Research Institute (QBRI), Qatar Environment and Energy Research Institute (QEERI), and Qatar Computing Research Institute (QCRI). It further includes the supervision of the Qatar Science and Technology Park (QSTP) and QF’s flagship $7.9bn Sidra Medical and Research Centre which is destined to be a major centre for research in the health sector. The University level research is conducted by the Qatar University and Hamad bin Khalifa University which is the major contributors in upgrading the country to the knowledge based economy.</p>\r\n<p class=\"p1\">Qatar also affords start-ups and SMEs some latitude in setting up new businesses with the help of the QSTB incubator which extends support. It aims to support the launch, establishment and growth of promising start-ups, spin-offs and SMEs through mentoring, coaching, business facilitation, access to funding, subsidized office space in QSTP and other support business services. It offers two year subsidized rent to reduce overheads, expedite liquidation proceedings in the event the business gets shut down and reduce minimum capital requirements to assist the incorporation of a business.</p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Innovation Updates: Jordan</strong></span></p>\r\n<p class=\"p1\">Innovation has grown more and more relevant to economic development. The importance of transferring knowledge from public research organizations to marketplaces, leading to establishment of efficient regulatory structures harnessing the abilities of multiple sectors has certainly increased. In Jordan, there is a considerable number of organizations on all levels highly engaged in innovation processes including the development of science and technology which has provided major opportunities for institutional enhancement. Jordan has actively sought to develop the national science and technology system and the key players in a national innovation concept in Jordan include; Incubators / accelerators; Science Parks /technology Parks / Business parks; Entrepreneurship and Innovation support initiatives/centers/programs; Technology transfer offices; and Clusters.</p>\r\n<p class=\"p1\">In Jordan SMEs comprise 98.5% of the total amount of registered companies,60% of formal jobs and contribute around 50% of the GDP. Jordan is very supportive of innovation development SMEs working in the ICT sector to the extent that Jordan has now become a hub for such activity.</p>\r\n<p class=\"p1\"><span class=\"s3\"> Part of Jordan’s 2020 vision is to enhance its knowledge based economy. With its clear ICT component, this offering makes Jordan one of the few countries to have actually measured ICT benefits with an ongoing implementation plan. he sector represents between 10-14 per cent of the Jordanian annual GDP, making it stand among the largest independent contributors to the economy with around 90,000 new positions being created between 1999 (since the establishment of the REACH initiative - JD’s first ICT national strategy) and 2016. To enhance the research and market in the ICT, the government aimed to initiate the integration of ICT in other fields to spread ICT knowledge for the purposes of improving revenues and innovation development. Adapting the use of E-content and e-commerce are clear positive instances of ICT development.</span></p>\r\n<p class=\"p1\">In 2014, to keep pace with the rise in the competition and innovation development, Jordan announced its four-year national innovation strategy. The strategy takes into account a total investment of around JD 14.5 million. This strategy is adopted to meet the rising concerns of unemployment; it aims to facilitate young entrepreneurs in innovation and development. Realizing the importance of innovation and to encourage robust implementation of the an innovation development policy, the Jordanian government reactivated the National Council for Competitiveness and Innovation in early 2014 to define the challenges faced while traversing to the knowledge based economy. Furthermore, recently the Jordanian Council of Ministers, approved the accession of Jordan to the Patent Cooperation Treaty (PCT). This is an important step for SMEs and inventors in the Jordanian market as Jordan’s accession to the PCT will benefit both local and foreign applicants, and we can expect to see a surge of patent applications in Jordan.</p>\r\n<p class=\"p1\">Recently, in December 2016, the Jordan Ministry of Industry and Trade signed a project agreement with the World Intellectual Property Organization (WIPO) for the establishment of technology and innovation support centers (TISCs) across the country in collaboration with a number of private and public entities. The project aims to support innovations and technology transfer through local innovators as a long term vision for strengthening the local industrial development and economy.</p>\r\n<p class=\"p3\"><strong>Innovation Updates: Bahrain</strong></p>\r\n<p class=\"p1\">One of the leading entities in fostering innovation in the Kingdom of Bahrain is <em>Tamkeen</em>, a national authority established in August 2006, tasked with developing Bahrain’s private sector as part of Bahrain’s economic vision. In 2008, Vision 2030 for the economic development of the country was initiated and involved participation by government and the private sector. Vision 2030 is based on three principles: sustainability, fairness and competitiveness.</p>\r\n<p class=\"p1\"><em>Tamkeen</em> has two primary objectives; fostering the creation and development of enterprises and providing support to enhance the productivity and growth of enterprises and individuals. To achieve these objectives, <em>Tamkeen</em> provides a number of programmes including training, consulting, financing and entrepreneurship support.</p>\r\n<p class=\"p1\"><em>Tamkeen</em> launched “Mashroo3i” youth business awards, which gives youth a chance to build their own businesses, bearing all expenses related to the Business Plan and Prototype creation through the competition phases, without imposing any registration fees.</p>\r\n<p class=\"p1\">Another significant step supporting  start-up and technopreneurs is the introduction of the virtual commercial registrations by the Ministry of Industry and Commerce, which allows a registration of a company without the requirement of a physical premises.</p>\r\n<p class=\"p1\">This type of commercial registration is allowed for 39 commercial activities including computer programming activities, graphic design, interior design consulting, photographic activities, software publishing, sound recording and music publishing activities, motion picture and video and television program activities.</p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Innovation Updates: Kuwait</strong></span></p>\r\n<p class=\"p1\">As with other Gulf countries, Kuwait has a higher oil revenue c as compared to other alternative sources of revenue generation. Given the regional focus upon diversification of the economy, the Kuwait government has begun pushing funds for starts-ups, SMEs and technopreneurs. The latest World Bank statistics demonstrate that SMEs contributes only to 3% to Kuwait’s GDP, compared to an average of 50% in high-income economies. Furthermore, SMEs only account for roughly 23% of Kuwait’s workforce, about half of the average in high-income and emerging economies.</p>\r\n<p class=\"p1\">The Kuwait Government took the initiative to promote SMEs development by allotting a National Fund in 2013. Moreover, in 2016 an MOU was signed with the Kuwait Foundation for the Advancement of Science (KFAS) to partially or fully fund 250 backlogged patent applications. Furthermore, Kuwait took steps to strengthen its intellectual property laws by implementing the GCC wide trademark law in December 2015.</p>\r\n<p class=\"p1\">In another important initiative, the Kuwaiti government has adopted a new decree (No 29 of 2016) for the establishment of the Kuwaiti Association for the Support of Inventors. According to the announcement, the purpose of the association is to provide support for Kuwaiti inventors to enable them to excel and develop more inventions and to increase the volume of Kuwaiti inventors within the innovation sector. The decree provides for a number of missions and visions to be implemented by the association.</p>\r\n<p class=\"p1\"><em>Ahmad Saleh regularly advises governments, companies, universities and other entities on R&amp;D and innovations and best practices for deployment of R&amp;D and innovation projects as well as on protection, commercialization and enforcement of IPR’s. For further information please contact Ahmad Saleh (a.saleh@tamimi.com)</em></p>\r\n<p class=\"p1\"><em>* In addition to the above mentioned authors, Krishnam Goyal, intern in the IP department also assisted in the research and writing of the above article. </em></p>'),
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	(102091,5550,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/trademark-protection-key-considerations.html'),
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	(102089,5550,'pageSummary','In today’s information-based economy, intellectual property rights, and trademark rights in particular have received more media attention than ever before in the Middle East. Yet little has been said about trademark protection in a simply read format for the business community including branding personnel.'),
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	(102082,5549,'_yoast_wpseo_metadesc','The employment landscape in the UAE does not naturally lend itself to such flexible working models: all expatriates, in order to lawfully reside and work in the UAE, must be sponsored by a locally licensed and registered entity for UAE work permit and residency visa purposes.'),
	(102083,5550,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">Trademark is a distinctive sign which identifies certain goods or services being produced or provided by a specific person or enterprise. Over the years these marks have evolved into today’s system of trademark registration and protection. The system helps consumers to identify and purchase a product or service because of its nature and quality, indicated by its unique trademark which meets their needs. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the initial time limit upon payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.</p>\r\n<p class=\"p1\">In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.</p>\r\n<p class=\"p1\">In light of the above, we consider the key standard procedures that trademark owners and marketing teams need to observe can be neatly categorised as “Select, Clear, Register, Enforce and Monitor” (SCREM). Adhering to SCREM (more fully explored below) will assist trademark owners and marketing teams to obtain rights, use and own their trademarks safely. We consider the components more fully below:</p>\r\n<p class=\"p2\"><strong>Select:</strong> Trademark should be carefully selected to represent fancy, arbitrary or suggestive terms. Always try to avoid selecting generic terms. It is not recommended to select overly descriptive terms as this will require tremendous effort from the owner to enjoy exclusivity and build its goodwill. We therefore advise brand owners to choose a distinctive mark using fancy, arbitrary or suggestive terms as it has a greater level of legal protection. Generic or descriptive marks on the other hand may not acquire proper trademark protection. For example, generic terms can not be exclusively owned by brand owners or trademark users and any investment in using generic terms will ultimately be a very risky one for brand owners. Descriptive marks are arguably capable of protection only after acquiring of secondary meaning and we consider such marks as constituting a risky investment for brand owners on the basis that acquiring secondary meaning requires substantial investment.</p>\r\n<p class=\"p3\"><strong>Clear</strong>: It is important to conduct a trademark search prior to launching a new brand. Trademark search helps eliminate conflicts with prior applications / registrations. The clearance should be ideally done in public records by conducting official searches at the trademark registry in addition to search for prior use rights. It is recommended also to clear the mark with pre-existing trade names at with applicable companies’ registries. Its noted that companies’ registries are not linked or cross checked with the applicable trademark registry which can cause practical difficulties.</p>\r\n<p class=\"p3\"><strong>Register</strong>: Once the clearance is completed, the registration process should be completed to prove and obtain ownership. The trademark registry should examine the trademark application and issue a decision of acceptance if the mark is found eligible for registration and does not contradict with pre-existing rights. Valid registration should be acquired and maintained by renewing the trademarks on a timely basis.</p>\r\n<p class=\"p3\"><strong>Enforce</strong>: Publications of trademarks should be monitored in applicable trademark journals, domain names and websites as any infringement by third party should not be tolerated. Enforcement measures should be taken with law enforcement agencies or via court proceedings which will ensure continuity of ownership, maintain the trademark legal and economical equity, protect consumers’ interest and most importantly strengthen the trust in the quality of goods and/or services for which the trademark is being used.</p>\r\n<p class=\"p3\"><strong>Monitor</strong>: It is prudent to deploy designated market research personnel who are responsible for monitoring the market, advertising and marketing activities. It is essential to keep monitoring the market and spot any attempts by third party who intend to capitalize or free ride on the trademark. This can be accomplished by participating in well regarded watch services programs which spot and report any conflicting usage of trademark and take necessary measures to screen the existing and potential markets for the trademark owner.</p>\r\n<p class=\"p4\">In nutshell, in our view SCREM procedures should always be considered and adhered by trademark to ensure the investment made in this important equity and intangible asset is properly built, protected and ultimately owned with mitigated risk.</p>\r\n<p class=\"p1\"><span class=\"s1\"><em>Al Tamimi &amp; Company’s Intellectual Property practice regularly advises companies on their IP requirements practices in the region. For further information please contact Munir Suboh (m.suboh@tamimi.com).</em></span></p>'),
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	(102067,5548,'_yoast_wpseo_metadesc','The recently released draft of the revised SCL Protocol (Draft) has many new features that should assist with resolving disputes involving delay or disruption.'),
	(102068,5549,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">Uber, Lyft and Airbnb are classic disruptive technology companies in that they have utterly transformed their market sectors and heralded new individual working practices and arrangements—resulting, most notably, in the rapid rise of the “gig economy”. This is a term used to describe casual work undertaken on a piecemeal basis. Some workers prefer to operate within the gig economy whilst for others it is a matter of simple economic necessity.</p>\r\n<p class=\"p1\">From a general employer-employee perspective, Uber’s model in Western jurisdictions has brought about a marked shift from the traditional working model of employment with a fixed employer and on a permanent status basis to a more loose arrangement focused on flexibility, autonomy and self-control over working schedules, hours and activities. Uber’s model has in effect operated on the basis that it is a technology platform, as opposed to a transport provider, and that its drivers are therefore self-employed workers offering their services to passengers via the online Uber app. A self-employed contractor does not have the same rights, benefits and protections as an “employee” – great for the gig economy company, but not so for the worker. This has led to some soul searching in various jurisdictions as to the desirability of this model.</p>\r\n<p class=\"p3\"><span class=\"s2\"> An employment tribunal in the UK most recently held that drivers engaged by Uber are not self-employed or independent contractors, but fall within the definition of ‘worker’ (under applicable UK employment legislation) with the consequence that they are legally entitled to the national minimum wage, paid annual leave, and whistleblower protection etc. In the tribunal’s view, any driver who has the app switched on; is operating within the territory in which he or she is authorised to work; and is both able and willing to accept assignments; is working for Uber under a contract of employment. The judgment, which is subject to appeal (not least because it threatens the whole working model concept), serves as a salutary warning of the issues inherent with such novel working practices and models, particularly against the backdrop of an increasingly developing digital age. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>The gig economy &amp; the UAE </strong></span></p>\r\n<p class=\"p3\"><span class=\"s2\">The employment landscape in the UAE does not naturally lend itself to such flexible working models: all expatriates, in order to lawfully reside and work in the UAE, must be sponsored by a locally licensed and registered entity for UAE work permit and residency visa purposes. Such sponsorship is both employer and location specific, entitling the employee to work only for their sponsoring employer and at the premises under which their visa has been obtained. Whilst Uber and (the Middle East equivalent) Careem operate in the UAE, the set-up is markedly different to their Western model. Typically, the model in the UAE works, broadly, as follows: </span></p>\r\n\r\n<ul>\r\n 	<li>booking platform operator enters into a commercial services contract or agreement with a locally licensed and registered limousine company in order to avail of its limousines and drivers;</li>\r\n 	<li>its pricing of services must be in line with the limousine services and cannot compete directly with the city’s regular taxi companies; and</li>\r\n 	<li>it does not engage the drivers directly (which is the model in other Western jurisdictions) given the regulatory and licensing regime in the UAE. This therefore means that the drivers remain employees of the limousine company throughout – not of the booking platform operator.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\"><span class=\"s3\">From an employment perspective, then, the model is still very much the classic employer-employee one, with the employees of the limousine companies still falling within the folds of the UAE Labour Law and entitled to basic standards and protections (including, as applicable, maximum working hours, sick leave and pay, the right not to be unfairly terminated and end-of-service gratuity). Their employment relationship is very much specific to the limousine company only. It is a similar model throughout the GCC. The fact that the licensing regime in the UAE does not permit a driver (in this instance) to be engaged directly by such booking platforms adds another interesting and unique layer to the mix – which is not generally a matter of consideration in other countries in which Uber-esq models operate. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"><strong>Future developments... </strong></span></p>\r\n<p class=\"p3\">Is there scope for a genuine gig economy in the UAE? Could the concept of atypical working be adapted across other industries in the UAE? Yes, but it will require legislative change.</p>\r\n<p class=\"p3\"><span class=\"s2\"> The UAE’s employment regime is inextricably linked to the immigration regime which itself is fairly static (very limited exceptions apply). However, the UAE does recognise the concept of “the freelancer” or “independent worker” – but not in the same manner as other Western jurisdictions (and certainly not in the same manner as Uber-esq models). Freelancers/contractors can set up their own businesses (ordinarily in the various free zones) and, subject to the terms of their licenses, can render services to other companies but usually within the confines of the free zone in which it operates. Work outside the free zone is generally not permitted. To that end, it remains to be seen whether a special flexible model of work (similar to the Western concept of independent contractor) will be developed or created in the UAE and across certain industry sectors, with the aim of creating greater flexibility. This would entail careful consideration, to ensure that appropriate frameworks are in place to accommodate the needs and requirements of both companies and individuals operating under such a model, whilst maintaining a differing approach to such a set-up from an employment law perspective. One would imagine that the appetite to introduce any such change would be limited to top end sectors/workers and not across the board generally as that would represent a paradigm shift in the entire fabric of the UAE visa/employment regime. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"> Technology has certainly made connecting workers and customers easier than ever before. This has enabled the rise of the rapidly growing gig economy. However, there has in other jurisdictions been an increasing trend of attempting to re-characterise gig-economy companies as employers of the independent contractors/workers. Such a re-classification, it has been argued, hinders the growth of gig economies. It remains to be seen to what extent a new flexible model – creating a genuine self-employed relationship of the kind envisaged by gig economy firms – can be adapted in the UAE.</span></p>'),
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	(102044,5547,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','411'),
	(102045,5547,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
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	(102048,5547,'_yoast_wpseo_metadesc','Shari’ah financing is a relatively new field in the banking arena; yet, it has, so far, withstood the rigorous tests of the global financial crisis and continues to grow in the UAE, in spite of competitors from conventional finance.'),
	(102049,5548,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The SCL Protocol (‘the Protocol’) provides guidance for the management and determination of delay and disruption. Although it is advisory only (having no force of law unless by agreement) it is extremely useful for avoiding or managing delay claims.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Delay Analysis </strong></span></p>\r\n<p class=\"p1\">The Protocol advocates the use of time-impact delay analysis both for prospective and retrospective analysis. This method involves introducing delay events into the most contemporaneous programme and updating the programme with the assumed most likely effect of the delay.</p>\r\n<p class=\"p1\">In the Draft it is now stated that the use of time-impact delay analysis ‘<em>can sometimes lead to unrealistic results if it subsequently transpires that the EOT [Extension of Time] is significantly more than the delay attributable to the Employer</em>’.</p>\r\n<p class=\"p1\">Determinations which awarded potentially inaccurate EOT entitlements would cause disputes, particularly in circumstances where it is arguable that other methods of delay analysis may be more appropriate.</p>\r\n<p class=\"p1\">In the Draft, the time-impact delay analysis method is still recommended for contemporaneous submission and assessment of an EOT claim. A contemporaneous evaluation has also been elevated to a core principle, rather than a ‘wait and see approach’ as this allows appropriate mitigation measures to be considered to limit the impact of the delay event.</p>\r\n<p class=\"p1\">However, where the analysis is carried out some time after the delay event, the Draft does not recommend one form of delay analysis but sets out a range of methods currently in use and the factors to be taken into account when selecting the right method to use.</p>\r\n<p class=\"p1\">The main emphasis is that the method to be used must be sound from a common sense perspective in light of the facts that actually transpired on the project. This approach is to encourage more reliable outcomes, and is an approach which has been endorsed by English courts.</p>\r\n<p class=\"p1\">Consideration of the Protocol’s and the Draft’s guidance on delay during contract negotiation, and inclusion of its principles when drafting, will minimize the prospect of dispute.</p>\r\n<p class=\"p2\"><strong>Disruption Analysis  </strong></p>\r\n<p class=\"p1\">A key new feature of the Draft is the separate categorization of disruption and extended guidance on its analysis.</p>\r\n<p class=\"p1\">Often the terms “delay” and “disruption” are mistakenly used as if they are the same thing. During disputes, a disruption claim may be used as an alternative and additional cause of action to a delay claim.</p>\r\n<p class=\"p1\"><span class=\"s3\"> Most standard forms of contract, while addressing delay, do not expressly address disruption, and it is left to being a claim based on a breach of the contract. The Draft sets out guidance on the difference and how to advance and assess disruption claims.  </span></p>\r\n<p class=\"p1\"><span class=\"s3\"> The Draft states that ‘<em>The starting point of a disruption analysis is a review of productivity in carrying out the works over time in order to determine when lower productivity was achieved and what activities were impacted”.</em></span></p>\r\n<p class=\"p1\">The Draft sets out two categories of disruption analysis. Productivity-based methods (being those based on actual or theoretical measurements of comparative productivity) and Cost-based methods (being those which rely on analysis of planned and actual expenditure of resources or costs).</p>\r\n<p class=\"p1\">The Draft allows parties to be better placed to address any eventualities relating to disruption.</p>\r\n<p class=\"p2\"><strong>Concurrent Delay </strong></p>\r\n<p class=\"p1\">The treatment of concurrent delay is often a cause of dispute.</p>\r\n<p class=\"p1\">The Draft defines concurrent delay as a ‘situation where two or more delay events arise at different times, but the effect of which are felt at the same time’. It also states that ‘<em>For concurrent delay to exist, each of the Employer Risk Event and the Contractor Risk Event must be an effective cause of Delay to Completion (not merely incidental to the Delay to Completion)</em>’.</p>\r\n<p class=\"p1\">A main issue with concurrent delay is whether an Employer delay is an effective cause of Delay to Completion where it occurs after the commencement of the Contractor Delay to Completion but continues in parallel with the Contractor Delay. The Draft notes the narrow approach to this issue taken by English courts, which is that that situation would not be considered as concurrent delay as ‘<em>The Employer Delay will not result in the works being completed later than would otherwise have been [where] the works were already going to be delayed by a greater period because of the Contractor Delay to Completion</em>’.</p>\r\n<p class=\"p1\">This standpoint has been criticized as giving employer’s a ‘blank check’ on variations during a period of Contractor delay which amounts to a windfall that does not respond to any consideration of fairness or reasonableness.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>A UAE Law perspective</strong></span></p>\r\n<p class=\"p1\">Where concurrent delay has been established, the Draft recommends a position in line with UAE law being that ‘<em>the Contractor should be entitled to an EOT for the Employer Delay to Completion… The Contractor delay should not reduce the amount of EOT due to the Contractor as a result of the Employer Delay</em>’.</p>\r\n<p class=\"p1\"><span class=\"s3\"> There is no express UAE law on the entitlement to an extension of time or the management of concurrent delay. It is likely however that the Courts would have regard to the intention of the parties in absence of a clear agreement. When dealing with concurrent delay there are principles of the UAE Civil Code which may also be applied. For example Article 246(1), which states that ‘<em>the Contract must be performed in accordance with its contents, and in a manner consistent with the requirements of good faith</em>’.</span></p>\r\n<p class=\"p1\">In the case of concurrent delay UAE courts may also apportion liquidated damages under Article 290 of the Civil Code which considers if ‘<em>The person suffering harm participated by his own act in bringing about or aggravating the damage</em>’.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Conclusion</strong> </span></p>\r\n<p class=\"p1\">The Draft adds to the guidance given by the Protocol on the best way to maintain adequate and complete records, how to deal with global claims, mitigation measures and acceleration. Though controversial in some areas, the Draft is detailed and wide-ranging and its guidance will prove invaluable during contract negotiation, drafting and administration to minimize disputes.</p>\r\n<p class=\"p1\">Extension of time claims are the basis for the vast majority of construction disputes and many contracts, including the FIDIC templates, have no specific provisions to deal with the issue of concurrency.</p>\r\n<p class=\"p1\">A full understanding of the Drafts’ guidance on how to prepare for and deal with concurrency and= including appropriate clauses in your contract allows for the protection of both Employers and Contractors and the minimization of disputes.</p>\r\n<p class=\"p1\"><em>If you want assistance with your contracts, managing contract administration and record keeping or compliance with or use of the Draft or the Protocol please Scott Lambert on s.lambert@tamimi.com.</em></p>'),
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	(102040,5547,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Abu Dhabi, UAE'),
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	(102038,5547,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','a.ahmad@tamimi.com'),
	(102036,5547,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Azlin Ahmad'),
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	(102030,5547,'content_description','Shari’ah financing is a relatively new field in the banking arena; yet, it has, so far, withstood the rigorous tests of the global financial crisis and continues to grow in the UAE, in spite of competitors from conventional finance. '),
	(102031,5547,'_content_description','field_59b641c07f473'),
	(102032,5547,'pageSummary','Shari’ah financing is a relatively new field in the banking arena; yet, it has, so far, withstood the rigorous tests of the global financial crisis and continues to grow in the UAE, in spite of competitors from conventional finance.'),
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	(92270,5013,'_content_description','field_59b641c07f473'),
	(92269,5013,'content_description','Qatar has high levels of internet connectivity, with 96% of households now connected to the internet, a six-point jump since last year, according to a new report from the UN Broadband Commission. '),
	(91991,4998,'_content','field_59b649b5c8b2b'),
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	(220079,6469,'_wp_attachment_image_alt','Frank Lucente'),
	(220078,1057,'_wp_attachment_image_alt','Ali Bachrouch'),
	(91995,4998,'_content_description','field_59b641c07f473'),
	(91996,4998,'pageSummary','Under the UAE Labour Law No. 8 of 1980 (as amended) (the “UAE Labour Law”), applicable to all employers in the UAE (save for those based in the Dubai International Financial Centre (“DIFC”)),'),
	(91997,4998,'_pageSummary','field_59e59b307dec8'),
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	(91999,4998,'_currentURL','field_59d35123ab1e7'),
	(92000,4998,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Suzanne Gingles'),
	(92001,4998,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(92002,4998,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','s.gingles@tamimi.com'),
	(92003,4998,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(92004,4998,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(92005,4998,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(92006,4998,'lawUpdateArticleNoWriters','1'),
	(92007,4998,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(92008,4998,'_yoast_wpseo_metadesc','Under the UAE Labour Law No. 8 of 1980 (as amended) (the “UAE Labour Law”), applicable to all employers in the UAE (save for those based in the Dubai International Financial Centre (“DIFC”)),'),
	(92009,4999,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">There are exceptions to this rule. GCC nationals can own property in areas designated for foreign ownership (“Investment Areas”). Other foreign nationals may own apartments or floors in buildings (without the right of ownership of the land) in certain Investment Areas, together with the right to own usufruct rights of up to 99 years or Musataha rights of up to 50 years. This article considers the recent changes to the content and use of Musataha Agreements in Abu Dhabi.</p>\r\n<p class=\"MsoNormal\">Musataha Agreements</p>\r\n<p class=\"MsoNormal\">A Musataha Agreement creates a real property right (a right in rem) which entitles its holder to construct a building or to invest in, mortgage, lease, sell, or purchase a plot of land belonging to a third party for a period of up to 50 years, provided that such acts do not contravene any Executive Council resolutions. This right is renewable once by mutual consent of the parties for a further period of up to 50 years.</p>\r\n<p class=\"MsoNormal\">In Resolution No.64 of 2010 the Chairman of the Executive Council ruled that it shall prescribe the rules, regulations and period of a Musataha Agreement over any real estate which falls outside the Investment Areas.  Resolution No. 64 further prescribes that anyone who has a right of Musataha for a period that exceeds 10 years shall have the right, without the landlord’s prior consent, to mortgage it. Further, the landlord shall not mortgage the land without the consent of the Musataha right holder, unless in both cases the two contracting parties agree otherwise. A Musataha Agreement must be registered (pursuant to Law No. 3 of 2005) with the Abu Dhabi Municipality in order for it to be enforceable in a court of law.</p>\r\n<p class=\"MsoNormal\">Circular No.11</p>\r\n<p class=\"MsoNormal\">In its most recent circular (Circular No. 11 of 2014) the Abu Dhabi Executive Council implemented a standard form Musataha Agreement to be used by government entities. This standard form must now be used for all Musataha Agreements made in the Emirate of Abu Dhabi between two or more Abu Dhabi government entities or between government entities and third parties. It will initially be applied between health and education related government entities and third parties. Circular No. 11 is not applicable to the federal government of the UAE or entities of the federal government.</p>\r\n<p class=\"MsoNormal\">Circular No. 11 stipulates that the standard form agreement may be supplemented by additional clauses as agreed by the parties.</p>\r\n<p class=\"MsoNormal\">The main provisions of the new Musataha Agreement template include:</p>\r\n<p class=\"MsoListParagraph\">-         renewal rights, which oblige either party to give 6 months prior written notice of their intention not to renew the Musataha Agreement;</p>\r\n<p class=\"MsoListParagraphCxSpFirst\">-          an obligation on the holder of the Musataha right to complete construction within 24 months from signing the agreement;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the time for construction can be extended by the landlord for reasons he sees fit;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          if the holder of the Musataha right does not complete construction within the prescribed time frame, the landlord has a right to terminate the Musataha Agreement;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the obligations of the holder of the Musataha right is to bear all maintenance and infrastructure costs and expenses;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the rent due under the Musataha Agreement is to be paid to the landlord annually in advance at the beginning of each year of the term;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the holder of the Musataha right has 60 days from signing the agreement to submit plans and designs to the landlord and any other concerned parties and the landlord in turn has 30 days to approve such plans;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the holder of the Musataha right is obliged to obtain all the necessary licences and approvals required for the development of the land/project, as well as insurance for the buildings;</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">-          the holder of the Musataha right may not build staff or labour accommodation for workers or labourers engaged in the same Musataha project; and</p>\r\n<p class=\"MsoListParagraphCxSpLast\">-          any dispute or conflict shall be referred to the competent court of the Emirate of Abu Dhabi.</p>\r\n<p class=\"MsoNormal\">Circular No.11 and the standard-form Musataha Agreement template has been issued in light of the growing health and education demand in Abu Dhabi and proposed major government projects which were announced earlier this year. In the initial phase, Circular No. 11 will specifically address and streamline Musataha Agreements between health and education related government entities and third parties. These government entities include Abu Dhabi Health Services (SEHA), Health Authority Abu Dhabi and the Abu Dhabi Education Council. The Musataha Agreements will eventually be used for all Musataha contracts involving all Abu Dhabi Government Entities. The registration of such agreements will not be possible without the inclusion of the standard conditions imposed by Circular No. 11; however the parties to the Musataha Agreement will be afforded the welcome flexibility of being able to agree to additional clauses as they see fit.</p>'),
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	(92010,4999,'_content','field_59b649b5c8b2b'),
	(92011,4999,'lawUpdateArticleMonth','4994'),
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	(92013,4999,'content_description','The general rule is that only UAE nationals (and companies wholly owned by them) may own property in Abu Dhabi. '),
	(92014,4999,'_content_description','field_59b641c07f473'),
	(92015,4999,'pageSummary','The general rule is that only UAE nationals (and companies wholly owned by them) may own property in Abu Dhabi.'),
	(92016,4999,'_pageSummary','field_59e59b307dec8'),
	(92017,4999,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/a-new-form-of-musataha-agreement-in-the-emirate-of-abu-dhabi.html'),
	(92018,4999,'_currentURL','field_59d35123ab1e7'),
	(92019,4999,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Nisreen Bajis'),
	(92020,4999,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(92021,4999,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','n.bajis@tamimi.com'),
	(92022,4999,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(92023,4999,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(92026,4999,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(92027,4999,'_yoast_wpseo_metadesc','The general rule is that only UAE nationals (and companies wholly owned by them) may own property in Abu Dhabi.'),
	(92028,5000,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">A ‘look-through’ approach is employed, highlighting how issues at the planning stages permeate the entire development, sales and post handover management of a master planned project and accordingly why such issues may need to be addressed in sales documentation with end users. Although this article is written primarily from the perspective of a master developer it may also be of interest to sub-developers who may purchase plot(s) in a master planned community. This article is regional in its outlook and would be relevant to many Gulf Cooperation Council (“GCC”) countries.</p>\r\n<p class=\"MsoNormal\">Planning and Master Planned Communities</p>\r\n<p class=\"MsoNormal\">GCC countries, like other jurisdictions, operate on the basis of an urban plan. The relevant government authority sets out its vision for development in its urban plan and, dependent upon priorities and resources this plan will be achieved over time through a mixture of private enterprise and government initiatives. Master planned communities are a sub-set of this fairly typical planning outlook.</p>\r\n<p class=\"MsoNormal\">Master planned communities are defined primarily by their scale which gives rise to a number of municipal type issues. While master planned communities may fit within the overall urban plan, typically they are large tracts of undeveloped land carved out from the urban plan and often gifted or sold to a government related entity with the intention that this entity creates its own urban plan in line with the shared vision of the government.</p>\r\n<p class=\"MsoNormal\">Unlike urban planning authorities, master developers are also mandated to develop and generate profit. Naturally this involves the sale of real estate and generally this will take the form of a mixture of sales of bare plots and ‘built to sell properties’. In addition master developers are increasingly planning ‘built to lease’ components to their master communities to form a base of recurring revenues and reduce exposure to the cyclical nature of real estate development.</p>\r\n<p class=\"MsoNormal\">Infrastructure considerations</p>\r\n<p class=\"MsoNormal\">From the moment the transfer of the development land is under consideration, due diligence issues arise. The master developer will need to consider the following:</p>\r\n\r\n<ul>\r\n 	<li>what infrastructure connections are available for this development land, if any?</li>\r\n 	<li>what infrastructure connections are required in order to achieve the master plan?</li>\r\n 	<li>are such connections the responsibility of the transferring entity?</li>\r\n 	<li>are such connections the responsibility of other relevant authorities or utility providers; or</li>\r\n 	<li>will the master developer be required to organise such infrastructure connections at its own expense and effort?</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The questions above relate primarily to the infrastructure connections to the development land and accordingly need to be settled with the selling entity and any other relevant authorities and utility providers. In addition to the above, the master developer will need to consider how they manage infrastructure delivery within the development land. For example:</p>\r\n\r\n<ul>\r\n 	<li>will the master developer procure that the infrastructure be provided by the relevant authorities and utility providers within the development land?</li>\r\n 	<li>will this be provided or procured by the master developer; or</li>\r\n 	<li>will this be procured directly by sub-developers from the relevant government authorities or utility providers?</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Where the master developer is responsible for providing or procuring the provision of the infrastructure it is desirable that there be a measure of certainty, both in terms of what can be delivered by the master developer and by when this can be delivered. To the extent that such certainty cannot be ascertained or the master developer is not responsible for delivering or procuring the delivery of the infrastructure, the master developer may seek to limit any liability or responsibility towards purchasers. Where the master developer does assume responsibility it may also be possible for the master developer to seek indemnities from the relevant authority or utility provider responsible for providing the infrastructure (if any).</p>\r\n<p class=\"MsoNormal\">The master developer may also wish to consider at the planning stages how the infrastructure, once completed, will be managed. If constructed by the master developer, will this be transferred to the relevant authority or utility provider typically associated with the provision of or management of such infrastructure or will this be managed, maintained and administered by the master developer for and on behalf of the stakeholders in the master community? If the master developer retains responsibility, who will be responsible for the ongoing costs? If stakeholders within the master community are to be responsible for such costs the same may need to be recorded contractually in sales documentation and consideration will also need to be given to the legal mechanisms by which subsequent owners may be made liable for such charges.</p>\r\n<p class=\"MsoNormal\">Master Plans and Land Use Budgets</p>\r\n<p class=\"MsoNormal\">In many jurisdictions, when a party purchases real estate, certain rights and obligations as set out in the urban plan are associated with the plot of land, the building or both. For example, the urban plan may specify the land may only be used for residential purposes and limit activities that may be conducted from the land, the density of development upon the land, built up areas, and site coverage.</p>\r\n<p class=\"MsoNormal\">In a master planned community, the rights and obligations relating to such a plot will typically be settled in the master plan. The master plan will be finalised between the master developer, the urban planning authority and other relevant authorities and utility providers and in particular those authorities responsible for roads and transport, electricity, water and potentially district cooling. The urban planning authority will, in conjunction with the other relevant authorities and utility providers conclude the master plan, including what is commonly termed the ‘land use budget’. The land use budget allocates to each plot within the master community its land use (ie: residential, office, retail or mixed use) as well as the overall size of the development, site coverage and set-backs required for the development. In the GCC such information is generally recorded in what is known as the ‘affection plan’ for the plot.</p>\r\n<p class=\"MsoNormal\">Any plot sale and purchase documentation the master developer may enter into with a sub-developer should accurately convey the rights and restrictions set out in the master plan and land use budget to avoid any confusion as to the rights the sub-developer acquires with the development plot. If the relevant authority responsible for approving building consents is not also the party ensuring compliance with the affection plans, mechanisms may also need to be put in place to ensure that the affection plans are complied with, as any breach of the requirements set out in an affection plan (for example where the sub-developer increases the size of their development) may have a detrimental effect on the master developer’s land use budget, for example by reducing the amount of area available for construction on other plots.</p>\r\n<p class=\"MsoNormal\">Land Use Budgets, ‘gross floor area’ and ‘saleable area’ – getting lost in translation</p>\r\n<p class=\"MsoNormal\">A potential pitfall for master developers and sub-developers lies in the manner in which the planning process is conducted. Urban planning authorities tend to focus on methods of measurement that are meaningful from a planning perspective. Commonly in the GCC this is ‘gross floor area’ a measure that includes all circulation and suite areas but excludes parking areas and plant rooms. This methodology is useful from a planning perspective as it gives a meaningful figure from which the urban planning authority and other stakeholders can conduct their assessment of occupancies and likely resources required.</p>\r\n<p class=\"MsoNormal\">From a developer’s perspective however, ‘gross floor area’ may not be a meaningful measure and developers tend to focus on, and sell or lease on the basis of, saleable or leasable areas as these measurements align more closely with what the market is interested in and accordingly the developer’s revenue projections.</p>\r\n<p class=\"MsoNormal\">When selling either plots or units it is important that the methodology of measurement is clear, to avoid disputes, and that any conversions of areas quoted using one methodology to areas using another methodology are done accurately and, to the extent required, clearly show the methodologies employed and therefore how the conversion has been arrived at. Care also needs to be taken to adhere to any regulations or requirements of relevant authorities (in particular land departments) that prescribe any measurement methodologies.</p>\r\n<p class=\"MsoNormal\">In addition care needs to be taken when attaching plans and other data to sales documents. Stacking plans, massing plans, site plans, efficiency calculations and the like may be useful from an information point of view but to include them where inconsistent with the methodology of area calculation based upon which the purchaser is paying the purchase price, may give rise to complex reconciliation exercises unless the reasons for their inclusion are clear and statements as to how they are to be interpreted are also included.</p>\r\n<p class=\"MsoNormal\">Finally, it may be necessary to employ differing methodologies of measurement for different purposes. For example, the calculation of service or community charges may not follow the ‘gross floor area’ or ‘saleable area’ methodology in all cases and the method to be employed will need to  be clear to the purchaser, to avoid purchasers claiming set-offs in service or community charge payments based on discrepancies in areas quoted or delivered.</p>\r\n<p class=\"MsoNormal\">Conclusion</p>\r\n<p class=\"MsoNormal\">This article approaches the issues associated with master planning from a high level and it is important to remember that whilst the issues raised in this article will have some application in many GCC jurisdictions, important differences arise in each GCC jurisdiction in terms of customs, practices and regulations. It is important to bear in mind however that master planned communities share distinct issues and risks and significant benefits for master developers can be obtained through a structured approach to such issues.</p>'),
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	(92032,5000,'content_description','This article takes a high level look at the master planning process from a real estate law perspective. '),
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	(92034,5000,'pageSummary','This article takes a high level look at the master planning process from a real estate law perspective.'),
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	(92041,5000,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92042,5000,'_yoast_wpseo_metadesc','This article takes a high level look at the master planning process from a real estate law perspective.'),
	(92043,5001,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">In particular, we are frequently asked to advise upon the validity of English-law mortgages within the UAE, particularly following the decision by the English Courts in <em>Blue Sky One Limited &amp; Ors v Mohan Air &amp; Anor </em>(‘Blue Sky’) in 2010.</p>\r\n<p class=\"MsoNormal\"><strong>English-Law Mortgages in the UAE</strong></p>\r\n<p class=\"Default\">Following the decision in Blue Sky, there has been an influx of queries particularly in relation to the validity of English-law mortgages that may have been created whilst an aircraft is located within the UAE or its airspace (the <em>lex situs</em> of the aircraft).</p>\r\n<p class=\"Default\">In Blue Sky, the court held that an English-law mortgage would only be considered as validly created if it was created whilst the aircraft was within English territory, English airspace or within a jurisdiction where the domestic laws recognize as valid the English-law mortgage, without reference to its conflict of laws rules when deciding validity. If the aircraft is located in international airspace, then the English courts will look to the validity of the English mortgage in the state of registration of the aircraft.</p>\r\n<p class=\"Default\">Subject to certain qualifications, the choice of English laws in a Mortgage document will be upheld as a valid choice of law by the courts in the UAE.  A UAE court may however apply UAE law when interpreting the Mortgage rather than the chosen English law in cases where, in the opinion of the Court, there is insufficient connection between the Mortgage and English law and jurisdiction; or, the application of English law is deemed to be contrary to public policy. The UAE Courts tend to interpret this provision broadly and in practice, are reluctant to recognize a choice of foreign law, despite UAE law permitting its recognition.</p>\r\n<p class=\"Default\"><strong>Enforcement and Repossession</strong><strong> </strong></p>\r\n<p class=\"Default\">English-law mortgages often contain self-help provisions allowing for the repossession of the aircraft without recourse to court proceedings. However under UAE law, other than the right of set off under a security agreement, there are generally no self help remedies available, and the enforcement of secured assets is a court driven process.</p>\r\n<p class=\"Default\">When an aircraft is registered in the UAE with the General Civil Aviation Authority (‘GCAA’) register, a lender will be noted as a ‘mortgagee’ on the Certificate of Registration (‘COR’) and a copy of the mortgage document held on the register. The GCAA register will note the mortgagee on the COR and retain a copy of the mortgage. Even if it is an English-law mortgage it will be considered with the same regard as a local-law mortgage.</p>\r\n<p class=\"Default\">Another requirement of the GCAA when registering an aircraft is the execution of an Irrevocable Deregistration Export Request Authorisation (‘IDERA’) along the lines provided for under the Cape Town Convention to which the UAE is a signatory. This IDERA is generally executed in favour of any mortgagee (who is referred to as the ‘Authorised Party’), technically allowing them to de-register the aircraft and export the aircraft from the country.</p>\r\n<p class=\"Default\">The Cape Town Convention provides various self help remedies for creditors, including mortgagees. However, when ratifying the Cape Town convention the UAE made certain declarations, one of which is that, where remedies available to the creditor under the Convention do not specify that an application to the Court is required, it may only be exercised by application to the Court.</p>\r\n<p class=\"Default\">When considering other options for grounding an aircraft, UAE law has limited alternatives. The GCAA has issued a directive through an Information Bulletin, which sets out minimum insurance requirements for civil aircraft before they are permitted to enter into, fly over or leave the UAE. In cases where it appears that these are not met by an operator of an aircraft, technically the aircraft should be grounded by the authorities. In practice however, it can be very difficult to ground an aircraft on this basis due to the time it takes the authorities to verify insurances held; possible foreign governmental relations considerations; and the possibility that an operator may obtain (either legitimately or fraudulently) alternative cover at short notice which would appear on the face of it to satisfy the requisite requirements.</p>\r\n<p class=\"Default\"><strong>Need for a Court Order</strong></p>\r\n<p class=\"Default\">Given the above, if a mortgagee (or owner) wishes to repossess an aircraft in the UAE, it will need to obtain a Court order.  <strong> </strong></p>\r\n<p class=\"Default\">Under the Civil Procedures Law, it would be permissible for a mortgagee over an asset with a valid claim against a defendant who has possession of the aircraft, to attach that asset. Therefore in the event of a dispute over the right to possession of an aircraft or where the mortgagee by reason of claims against mortgagor disputes the entitlement of the mortgagor to retain the aircraft and thereby seeks to remove or export the Aircraft from the UAE, then the mortgagee may pursue attachment of the aircraft by court proceedings in the local UAE Court where the aircraft is located.</p>\r\n<p class=\"Default\">These proceedings are generally referred to as ‘retrieval’ proceedings and from the mortgagee’s perspective are usually based on proving ownership of the aircraft (as mortgagee, such as a right to repossess following default under the mortgage or the facility secured by such mortgage, whereby they are the ultimate owner of the aircraft and entitled to possession over that of another party who is in actual possession of the aircraft). An attachment of the asset claimed may support retrieval proceedings provided a prima facie claim or default under the credit facility can be proved by way of documentary evidence.</p>\r\n<p class=\"Default\">An attachment application is filed by UAE based lawyers on behalf of the party applying to the UAE court. This is an application made without notice to the other party, and to a duty judge who makes a prompt decision on the merits of the proposed attachment. This attachment is based solely on the documents provided as evidence and a brief verbal explanation by the applicant’s lawyer. There is no scope for affidavits, witnesses or significant (lengthy) verbal argument. If the attachment application is successful, an attachment order is granted by the judge and sent by the court bailiff for attachment of the aircraft. Within eight days of any successful attachment application, a substantive action needs to be filed in support of the attachment proceedings. Failing this, the attachment order will be considered void.</p>\r\n<p class=\"Default\">As much information as possible should be supplied to the Court at the attachment stage, evidencing the mortgagee’s rights to repossess, including a copy of the mortgage, notices of default, ferry flight notices or other documentation supporting the mortgagee’s claims over the aircraft and evidencing the right to repossess. This information will be relied upon, along with any further relevant documentation, for the substantive proceeding.</p>\r\n<p class=\"MsoNormal\">If there is a reasonable argument by the mortgagor as to why the mortgagee has no right to recover the aircraft under the mortgage, then proceedings may become quite drawn out. It is possible that proceedings in the court of first instance, court of appeal and court of cassation, may last 12 months or more. This does not necessarily mean that the aircraft would be grounded for the entire period. Based upon the IDERA, the mortgagee if named as the Authorised Party, has the right to de-register and export the aircraft. The court, when presented with this, may chose to release the aircraft to the possession of the mortgagee and allow its deregistration and export; meanwhile, they may also request the mortgagee to pay into court a guarantee to satisfy any claim for damages that may be made by a mortgagor, in the event that the mortgagee’s claim was unfounded.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong><strong> </strong></p>\r\n<p class=\"MsoNormal\">Although an English-law mortgage would be upheld as a valid mortgage in the UAE, it must be borne in mind that the mortgage may be read through the eyes of the local UAE laws. This should not result in an interpretation vastly different to that in any other jurisdiction and generally speaking, a mortgage would be interpreted on its contractual provisions (save for instances otherwise provided for in this article), in accordance with its normal meaning.</p>\r\n<p class=\"MsoNormal\">A default on a mortgage can form the basis for an attachment order and the ultimate repossession of the aircraft by the mortgagee. Unfortunately any self help remedies contained in the mortgage allowing for the repossession of the aircraft will not, in themselves, allow for the mortgagee to repossesses the aircraft whilst it is located in the UAE. They would however form the basis for an attachment application and retrieval proceedings before  the UAE courts whereby the mortgagee can repossess the aircraft.</p>'),
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	(92047,5001,'content_description','The rapid expansion of the aviation industry in the UAE brings with it the growth of cross border aircraft finance and queries by foreign banks as to the validity of mortgages over aircraft, their enforcement and the repossession of the aircraft. '),
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	(92053,5001,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Angelique Watkins'),
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	(92055,5001,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','a.watkins@tamimi.com'),
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	(92065,5001,'_yoast_wpseo_metadesc','The rapid expansion of the aviation industry in the UAE brings with it the growth of cross border aircraft finance and queries by foreign banks as to the validity of mortgages over aircraft, their enforcement and the repossession of the aircraft.'),
	(92066,5002,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Before the law, only certain designated public officials could act as a Notary Public. These people are located in government buildings across Dubai (in Barsha, the Dubai Courts, Al Tuwar, Business Village and Hatta).</p>\r\n<p class=\"MsoNormal\">However under the new law, Dubai Courts can grant licenses to UAE lawyers to act as ‘Private Notaries’ . Private Notaries can provide notary public service to the community in Dubai.</p>\r\n<p class=\"MsoNormal\">According to the new law, a Private Notary has jurisdiction to do the following:</p>\r\n<p class=\"MsoNormal\">1. Notarize documents and contracts of any kind as required by the law;</p>\r\n<p class=\"MsoNormal\">2. Authenticate the signatures on documents and contracts</p>\r\n<p class=\"MsoNormal\">3. Verify the date of documents and contracts by assigning them consecutive numbers in the registers maintained for this purpose; record the date of their submission; and to sign and seal such documents with an official stamp.</p>\r\n<p class=\"MsoNormal\">4. Verify the signatures contracts of marriage between Non-Muslims and the documents issued by Churches and legal references licensed in the Emirate.</p>\r\n<p class=\"MsoNormal\">5. Notarise the wills of Non-Muslims</p>\r\n<p class=\"MsoNormal\">6. Perform any other competencies according to the applicable law in Dubai or which is entrusted to them by the Chief Justice or the Director of the Courts.</p>\r\n<p class=\"MsoNormal\">In order to act as a Private Notary a person must:</p>\r\n\r\n<ul>\r\n 	<li>Have a UAE law degree.</li>\r\n 	<li>Have no criminal convictions.</li>\r\n 	<li>Be a UAE national (however the Director of the Courts may exclude any Arab national from this condition, provided that his work experience as notary public is not be less than ten years).</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The UAE Government will shortly be authorizing a number of UAE licensed advocates to act as a Private Notaries for the purposes of Court Notary services. These advocates have undergone training courses and have sworn an oath before the Chief Justice of the Court. The local advocates will then, from their own private offices, offer the services of a Public Notary for the purposes of Court proceedings, initially under the supervision of the Dubai Courts. All Private Notary procedures and notarization processes will be done electronically through a dedicated website linked to the Dubai Court Notary. While lawyers can receive clients in their office and assist in the notarization, the process (including signature) will be performed electronically, and payment will be done electronically also.</p>\r\n<p class=\"MsoNormal\">Private Notaries are however restricted from notarizing the following documents or matters relating to them:</p>\r\n<p class=\"MsoNormal\">1. To notarize or authenticate any transaction related to the personal status of Muslims or endowment</p>\r\n<p class=\"MsoNormal\">2. To notarize any transaction related to the establishment, transfer, change or removal of a right of ownership or any right in-kind on a property.</p>\r\n<p class=\"MsoNormal\">3. To notarize or authenticate any transaction of which authentication or verification is under the competency of another authority.</p>\r\n<p class=\"MsoNormal\">4. To notarize or authenticate any transaction that includes a violation of applicable law, public order or public ethics.</p>\r\n<p class=\"MsoNormal\">5. To reveal to third parties any information which the Private Notary has acquired due to his position.</p>\r\n<p class=\"MsoNormal\">6. To take any registers, documents, instruments or any such official papers from the place of work without a decision of the Chief Justice of the competent court, or to combine any of them with the file of a case under trial without the approval of the competent court;</p>\r\n<p class=\"MsoNormal\">8. To provide any entity, with the exception of the concerned parties, with information from the registers, except with a written request by a judicial or governmental competent authority.</p>\r\n<p class=\"MsoNormal\">9. To authorize the signature of a federal or local government employee on a certificate, document or other paper signed in the course of carrying out their duties.</p>\r\n<p class=\"MsoNormal\">In addition to the above, a Private Notary may not be engaged in any transaction if the person who requests the notarization is a relative or if the Private Notary has an interest in the matter. This is to avoid any conflict of interest.</p>\r\n<p class=\"MsoNormal\">It is expected that the Notary services provided by Private Notaries will be launched in Dubai before the end of the year. So far, 21 Private Notaries have applied to provide this service throughout Dubai from a number of licensed law firms, including Al Tamimi &amp; Co.</p>\r\n<p class=\"MsoNormal\">Currently the service is only available in Dubai, though the notarization of documents by Private Notaries will be accepted throughout the UAE.</p>\r\n<p class=\"MsoNormal\">A similar provision to in the new Dubai law exists within the UAE Federal law system (see Federal Law No.4 of 2013). It is likely that a similar practice will be introduced on the Federal level in the future.</p>\r\nThe Private Notary service is one of Dubai’s recent initiatives to privatize certain sectors to make it convenient for the public to reach services that are essential to the public. This is in recognition of the growth of the city and its population and the need for these services to be provided more widely in the city.'),
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	(92068,5002,'lawUpdateArticleMonth','4994'),
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	(92070,5002,'content_description','By Law No. 4 of 2013. the Dubai Government has relaxed the rules concerning who may notarise documents for official purposes. '),
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	(92072,5002,'pageSummary','By Law No. 4 of 2013. the Dubai Government has relaxed the rules concerning who may notarise documents for official purposes.'),
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	(92084,5002,'_yoast_wpseo_metadesc','By Law No. 4 of 2013. the Dubai Government has relaxed the rules concerning who may notarise documents for official purposes.'),
	(92085,5003,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">There have been several amendments to the DIFC Laws and the Dubai Financial Services Authority (“<strong>DFSA</strong>”) Rules.  This article considers some recent changes that should be of interest to clients who are either already present in the DIFC or who are looking to establish a presence in the DIFC.</p>\r\n<p class=\"MsoNormal\"><strong>Retail foreign exchange transactions</strong></p>\r\n<p class=\"MsoNormal\">In March 2014 the DFSA issued a letter to DIFC Senior Executive Officers advising that the DFSA is now allowing DFSA Authorised Firms and applicants to offer foreign exchange trading to retail customers in or from the DIFC subject to certain legal limitations, systems and control requirements. One key limitation is contained in one of the UAE Federal Laws prohibiting banking activity from being undertaken in the UAE Dirham in the DIFC.</p>\r\n<p class=\"MsoNormal\">Firms applying to undertake retail foreign exchange must obtain a retail client endorsement and also a waiver from the restriction under the DFSA Rules of carrying out the Financial Service of Providing Money Services in or form the DIFC. Once they are operating, retail foreign exchange firms will also be subject to additional DFSA compliance and control requirements.</p>\r\n<p class=\"MsoNormal\"><strong>Compliance with the United States Foreign Account Tax Compliance Act</strong></p>\r\n<p class=\"MsoNormal\">On 1 May 2014 the DFSA issued a letter to DIFC Senior Executive Officers which announced that the UAE Government, spearheaded by the UAE Central Bank and the UAE Ministry of Finance, initiated a program to collaborate with the United States on Foreign Account Tax Compliance Act (“<strong>FATCA</strong>”) compliance. The DFSA is participating in this unified effort. An Inter-Governmental Agreement (“<strong>IGA</strong>”) was announced as agreed in principle in May between the UAE Ministry of Finance and the US Treasury with the final agreement to be settled before the end of the year. The DFSA’s expectation was clear that the compliance onus will remain with financial institutions caught by FATCA. All DFSA regulated entities should have assessed their obligations under FATCA regulations and commenced making the steps they deem necessary to ensure compliance in light of the IGA.</p>\r\n<p class=\"MsoNormal\"><strong>A new type of DIFC fund - Qualified Investor Exempt Funds</strong></p>\r\n<p class=\"MsoNormal\">With effect from 21 August 2014 the DFSA has introduced a new category of fund that can be incorporated in the DIFC called a Qualified Investor Exempt Fund (“<strong>QIF</strong>”). This means there are now three categories of funds that can be established in the DIFC, namely Public Funds, Exempt Funds and QIFs.</p>\r\n<p class=\"MsoNormal\">In summary, Public Funds are subject to the most detailed regulation as they cater to the retail investor and some or all of its units can be offered by way of public offer. Exempt Funds have less stringent regulation than Public Funds, however units in an Exempt Fund can only be made available to 100 persons at a minimum subscription amount of USD50,000. Also units of an Exempt Fund can only be offered by way of private placement to persons who meet the criteria of a Professional Client as defined in the DFSA’s Conduct of Business Module Rulebook. This is the same for QIFs, except QIFs can only be made available to 50 investors with a minimum subscription amount of USD500,000. Also QIFs are subject to less regulation than Exempt Funds.</p>\r\n<p class=\"MsoNormal\">Unlike Public Funds and Exempt Funds, QIFs are not subject to many of the compliance requirements under the DFSA Rules due to the perceived lower risk of these types of funds because of the higher minimum subscription amount and sophistication of the investors. Compared to Public and Exempt Funds, QIFs have been given more flexibility in the use of a custodian, have no mandatory content requirements for their constitution, have less DFSA reporting obligations and have shorter notification and incorporation time frames.</p>\r\n<p class=\"MsoNormal\">The DFSA has looked at the fund regimes in place in other jurisdictions, to see where the DFSA funds regime sits in comparison to those jurisdictions and with the introduction of the QIF the DFSA is providing more options for applicants looking to establish a fund in the centre. This new category of fund is suitable where a low number of sophisticated investors who are willing to invest large amounts are targeted. We also note that existing Exempt Funds which now fall into the definition of a QIF can apply to the DFSA for a change of status.</p>\r\n<p class=\"MsoNormal\"><strong>Proposed changes to the DFSA Professional Client regime</strong><strong> </strong></p>\r\n<p class=\"MsoNormal\">On 15 September 2014 the DFSA released consultation paper 97 regarding changes to the DFSA’s client classification regime. Several key changes are proposed which includes enhancements to the existing ‘Professional Client’ category. It is also proposed to allow DFSA Authorised Firms the flexibility to rely on client classification undertaken by their group subject to certain requirements and Client Agreements entered into by a member of its group in certain circumstances.</p>\r\n<p class=\"MsoNormal\">One of the key proposed changes is to split the category of Professional Client into three sub-categories. The three sub-categories proposed are briefly summarized as follows:</p>\r\n\r\n<ol>\r\n 	<li>“Deemed” Professional Clients:</li>\r\n</ol>\r\n<p class=\"MsoListParagraph\">Deemed Professional Clients will include the current list of clients contained in the DFSA’s Rulebook Conduct of Business Module Rule 2.3.2(2) and will be expanded to include Large Undertakings and the holder of a license under the DIFC’s Single Family Offices Regulations.</p>\r\n<p class=\"MsoListParagraph\">Firms will have the option to classify deemed Professional Clients as Market Counterparties if they have complied with the required notice procedures. It is proposed that firms will no longer have to undertake an assessment on the net assets of a deemed Professional Client. Additionally deemed Professional Clients will no longer have the option to opt-in as a Retail Client under the DFSA Rules.</p>\r\n\r\n<ol>\r\n 	<li> “Service-based” Professional Clients:</li>\r\n</ol>\r\n<p class=\"MsoListParagraph\">It is proposed that a firm will not have to undertake a detailed assessment on the client’s net assets and expertise where certain types of Financial Services are provided to that client. The service-based Professional Client category will be limited to where the firm is providing credit to a client for a business purpose or is providing advising and arranging services to a client for corporate structuring and financing purposes. However the service-based Professional Client category will not be available to clients who are individuals.</p>\r\n\r\n<ol>\r\n 	<li>“Assessed” Professional Clients:</li>\r\n</ol>\r\n<p class=\"MsoListParagraph\">Assessed Professional Clients are essentially the existing Professional Client category where clients are granted the status of Professional Client after meeting the net asset, knowledge and experience test. However it is proposed to increase the net asset threshold from USD500,000 to USD1,000,000. Another proposed change is to introduce the assessment of individuals on a look-through basis allowing the professional status of one client to be attributed to another person in particular circumstances.</p>\r\n<p class=\"MsoNormal\">This consultation paper was open for public comment until 15 October 2014. After the DFSA has considered any comments received they shall then proceed to make the relevant changes to the DFSA\'s Rulebooks. It is anticipated that the changes will expand the circumstances where Authorised Firms do not have to undertake detailed client classification and provide more flexibility for client on-boarding arrangements where the Authorised Firm is a part of a group.</p>'),
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	(92089,5003,'content_description','This article is a summary of some key regulatory developments that have been implemented in the Dubai International Financial Centre (“DIFC”) in recent months. '),
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	(92091,5003,'pageSummary','This article is a summary of some key regulatory developments that have been implemented in the Dubai International Financial Centre (“DIFC”) in recent months.'),
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	(92103,5003,'_yoast_wpseo_metadesc','This article is a summary of some key regulatory developments that have been implemented in the Dubai International Financial Centre (“DIFC”) in recent months.'),
	(92104,5004,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Because the DIFC maintains a public register, companies established there must keep it updated.</p>\r\n<p class=\"MsoNormal\">We identify these mandatory obligations below.</p>\r\n<p class=\"MsoNormal\">It should be noted that the requirements below are only those imposed by the Commercial Companies Law No. 8 of 1984 (as amended), DIFC Law No 2 of 2009 and the DIFC Company Regulations upon a DIFC Company limited by shares (“<strong>LTD</strong>”). Should the LTD be subject to NASDAQ Dubai or be an entity regulated by Dubai Financial Services Authority (“<strong>DFSA</strong>”), additional submissions or reporting requirements will operate.</p>\r\n<p class=\"MsoNormal\"><strong>Mandatory Filing Requirements</strong></p>\r\n<p class=\"MsoNormal\">These filing requirements are as follows.</p>\r\n\r\n<ul>\r\n 	<li>Notice of allotment of shares</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Shortly after incorporation in the DIFC and once the entity has an operational bank account (for the shareholders to deposit their share contribution), a first allotment of shares should take place. As the first allotment is taking place, the Registrar is to be notified using the prescribed form available on the DIFC website.  Filing such notice for the first allotment of shares is compulsory. For the rest of the allotments, this filing can be done as and when the allotments take place.</p>\r\n\r\n<ul>\r\n 	<li>Annual return</li>\r\n</ul>\r\n<p class=\"MsoNormal\">An Annual Return provides a ‘<em>snapshot’</em> of general information regarding the LTD and includes details such as the list of directors, secretaries, registered office address, list of shareholders, list of members and the share capital of the company. This form has to be filed with the Registrar (following the format stipulated by the Registrar on the DIFC website) during the period of 1st January until 31st March in the year following incorporation. This is a recurring obligation on the LTD and must be complied with on an annual basis.</p>\r\n\r\n<ul>\r\n 	<li>Annual general meeting</li>\r\n</ul>\r\n<p class=\"MsoNormal\">A LTD is required to file a copy of its accounts and audit reports with the Registrar within 7 days after its Annual General Meeting (“<strong>AGM</strong>”). The AGM must take place within 15 months of the previous meeting and within a minimum of 6 months of the end of the LTD’s financial year.</p>\r\n\r\n<ul>\r\n 	<li>Appointment of auditor</li>\r\n</ul>\r\n<p class=\"MsoNormal\">A LTD is required to file a ‘<em>Notice of Appointment of Auditor</em>’ with the Registrar immediately upon appointment of an auditor. This is to be done sometime during the first financial year upon the entity’s incorporation. This notice will need to be filed again with the Registrar after every AGM where the auditors have been re-appointed or changed.</p>\r\n\r\n<ul>\r\n 	<li>Cessation of auditor</li>\r\n</ul>\r\n<p class=\"MsoNormal\">A LTD is required to file a ‘<em>Notice of Cessation of auditor</em>’ with the Registrar immediately upon the resignation or removal of an auditor. This is to be done14 days from the date of the cessation. This notice will need to be filed with the Registrar each time an auditor resigns or is removed.</p>\r\n\r\n<ul>\r\n 	<li>Financial statements</li>\r\n</ul>\r\n<p class=\"MsoNormal\">A LTD must submit its financial statements to the Registrar’s office on an annual basis at the end of each financial year. This requirement only applies to non-regulated entities.</p>\r\n\r\n<ul>\r\n 	<li>Renewal of commercial license</li>\r\n</ul>\r\n<p class=\"MsoNormal\">This license is typically valid for 12 months from the date of registration and must be renewed with the Registrar within a maximum of 30 days post the expiry date of the entity, Failure to renew this license within the said time period will result in the entity being considered inactive.</p>\r\n\r\n<ul>\r\n 	<li>Name change</li>\r\n</ul>\r\n<p class=\"MsoNormal\">A LTD‘s shareholders or board members can decide to change a company name and/or trade name by a special resolution, provided that the new name is acceptable to the Registrar. The change of name takes effect from the date on which the Registrar issues the ‘<em>Certificate of name change</em>’. A LTD must amend its articles of association in order to reflect a change of name within 30 days from the date of issuance of the certificate or within such longer period as the Registrar has the discretion to allow.</p>\r\n\r\n<ul>\r\n 	<li>Address change</li>\r\n</ul>\r\n<p class=\"MsoNormal\">If a LTD is changing its registered office address, it is required to inform the Registrar by filing a ‘<em>notice of change of registered office</em>’ using the form prescribed. This filing has to be within 14 days of the date of the change.</p>\r\n\r\n<ul>\r\n 	<li> Change of officeholders</li>\r\n</ul>\r\n<p class=\"MsoNormal\">If a director, manager or secretary of the LTD is appointed after the initial incorporation of the company, or alternatively, if the director, manager or secretary retires, resigns, or is removed from office, the LTD is required to file a ‘<em>notice of change</em>’ of directors, managers or secretaries with the Registrar using the applicable forms prescribed within 14 days of the change. Similarly, in the event there is a change in the address or name of an office holder, i.e. a director, secretary or manager, the LTD is required to file a ‘<em>notice of change</em>’ with the Registrar using the prescribed form within 14 days of the change.</p>\r\n\r\n<ul>\r\n 	<li>Change of members</li>\r\n</ul>\r\n<p class=\"MsoNormal\">In the event there is a change in the members of a LTD, a <em>‘notice of change’</em> has to be filed with the Registrar using the prescribed form within 14 days of the change. Similarly, if there is a change in the address or name of a member, the LTD is required to file a ‘<em>notice of change</em>’ with the Registrar using the prescribed form within 14 days of the change.</p>\r\n\r\n<ul>\r\n 	<li>Increase/reduction in share capital</li>\r\n</ul>\r\n<p class=\"MsoNormal\">In the event a LTD resolves to increase/reduce its paid capital, it is required to notify the Registrar within 14 days of the change using the prescribed forms and is also required to provide the requisite ancillary documents specified by the Registrar in its guidelines, including a copy of the special resolution and the amended articles of association of the company (if applicable).</p>\r\n\r\n<ul>\r\n 	<li>Transfer/sale of shares</li>\r\n</ul>\r\n<p class=\"MsoNormal\">In the event a LTD resolves to sell or transfer its shares to a third party or an existing shareholder, it is required to submit a <em>‘notice of Sale or Transfer of Shares or Membership Interest’</em> to the Registrar within 14 days of the change using the prescribed forms and is also required to provide the requisite ancillary documents specified by the Registrar in its guidelines, including a copy of the board resolution authorizing the sale, a declaration of acceptance from the seller indicating approval of the sale/transfer of shares and particulars of the new shareholders.</p>\r\n\r\n<ul>\r\n 	<li>Amendment to the articles of association</li>\r\n</ul>\r\n<p class=\"MsoNormal\">If a LTD has amended its articles of association, it is required to submit a <em>‘notice of change of articles of association’</em> to the Registrar. This notice has to be filed within 14 days of the change in the prescribed form and the LTD also has to provide the requisite ancillary documents specified by the Registrar, including a copy of the Board or shareholder resolution approving the amendments.</p>\r\n\r\n<ul>\r\n 	<li>Dissolution of a LTD</li>\r\n</ul>\r\n<p class=\"MsoNormal\">In the event a LTD is being dissolved or voluntarily wound up, the entity is required to approach the Registrar and provide a letter evidencing the intention to dissolve. The Registrar will then provide the LTD with a document checklist specifying which documents are to be filed with the Registrar. Details of the documents required are also specified in the Registrar’s guidelines available on the DIFC website. In the case of a regulated LTD, in addition to the documents specified by the Registrar, a written approval from the DFSA is also required before proceeding with dissolution.</p>\r\n<p class=\"MsoNormal\"><strong>Penalties </strong></p>\r\n<p class=\"MsoNormal\">Failure to comply with the above filing requirements on the part of a LTD will result in the imposition of administrative fines by the Registrar. Fines imposed by the Registrar for non-compliance with DIFC company laws requirements typically range between US$ 1,000 to US$ 50,000 depending on the nature of the non-compliance. For instance, failure to file the Annual Return will result in the levying of a fine up to US$ 2,000 on the LTD.</p>\r\n<p class=\"MsoNormal\">Furthermore, if the LTD is in operation, the company\'s officers could be prosecuted by the Registrar on the basis of their personal responsibility under the DIFC company laws for ensuring that company information is submitted on time.</p>\r\n<p class=\"MsoNormal\"><strong>Best Practice</strong></p>\r\n<p class=\"MsoNormal\">Companies are encouraged to appoint an experienced and competent person for the role of Company Secretary. A Company Secretary’s position is significant as he will be able to ensure that the company’s books, registers and records are properly maintained and this will in turn ensure that filings with the Registrar are made in a timely manner.</p>\r\n<p class=\"MsoNormal\">Further, in keeping with good corporate governance practices, the management should ensure that the proper maintenance of books, registers and records is emphasized as an integral part of a company’s values and policies.</p>'),
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	(92108,5004,'content_description','This article identifies matters which require formal notification to the Registrar of Companies in the Dubai International Financial Centre (“DIFC”). '),
	(92109,5004,'_content_description','field_59b641c07f473'),
	(92110,5004,'pageSummary','This article identifies matters which require formal notification to the Registrar of Companies in the Dubai International Financial Centre (“DIFC”).'),
	(92111,5004,'_pageSummary','field_59e59b307dec8'),
	(92112,5004,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/ongoing-matters-requiring-notification-by-difc-companies.html'),
	(92113,5004,'_currentURL','field_59d35123ab1e7'),
	(177966,5004,'_timeline_header','field_59b63de5b74bf'),
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	(177963,5004,'orderValue2','2'),
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	(92120,5004,'lawUpdateArticleNoWriters',''),
	(92121,5004,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(92122,5004,'_yoast_wpseo_metadesc','This article identifies matters which require formal notification to the Registrar of Companies in the Dubai International Financial Centre (“DIFC”).'),
	(92123,5005,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">The New PPP Law has been passed to codify some of the techniques applied in Az-Zour and to attract new investors to Kuwait by providing a more comprehensive road map and guidance in the implementation and operation of future mega projects.   This article provides a brief overview of some of the key features of the New PPP Law.</p>\r\n<p class=\"MsoNormal\">The New PPP Law has introduced the Supreme Committee which has been decreed to have broad powers such as carrying out project tendering, approving projects, developing general policies and approving detailed documents for projects and initiatives (including unsolicited proposals of strategic importance to the national economy of Kuwait).  The Committee is also responsible for selecting the relevant public entity to participate in the project and sign the relevant PPP contract determined to be in public’s best interest.</p>\r\n<p class=\"MsoNormal\">It is to be noted that the Supreme Committee is presided over by the Minister of Finance and any decisions by the Supreme Committee take effect only after the approval by the Minister of Finance.</p>\r\n<p class=\"MsoNormal\">Under the old law, it was unclear whether the Partnerships Technical Bureau or the investor would be responsible for the incorporation of the project company and the shareholding structure. However, the New PPP Law appears to provide a clearer framework for these concerns.</p>\r\n<p class=\"MsoNormal\">The old law was viewed by many as being too restrictive, especially by Shariah-compliant banks, since it prohibited the disposal or mortgage of land and the constructions and building upon it<a class=\"msocomanchor\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msocom_1\">[a1]</a> , as well as any asset reverting to the state <a class=\"msocomanchor\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msocom_2\">[a2]</a> of Kuwait following the end of the BOT<a class=\"msocomanchor\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msocom_3\">[a3]</a>  term, and from attaching any real rights over the same<a class=\"msocomanchor\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msocom_4\">[a4]</a> . From a lenders perspective (both conventional and Sharia-compliant), Article 13 of the old law effectively restricts lenders from being able to take security over virtually all tangible and substantial assets, including the land that the project is built on, any buildings (including offices, plants, and other fixed structures), any assets, including movable assets, that are integral to the project (such as turbines, equipment or any other fixtures), and any other direct or “real rights” in the assets.</p>\r\n<p class=\"MsoNormal\">Due to the nature of limited recourse financing, lenders need to ensure that any and all security available to them is properly registered.  However, the law in its old form significantly crippled lenders’ security packages.  The New PPP Law has relaxed such restrictions and prohibitions under the old law, by introducing Article 23, which codifies some of the finance techniques applied in Az-Zour, such as assignment of government proceeds, pledge against shares, etc. It also allows for the pledging of shares prior to the 2-year lock-out period. Finally, in this regard, we can now mortgage the assets of the actual projects. This will substantially increase the parties’ ability to make future projects more “bankable”.</p>\r\n<p class=\"MsoNormal\">We wait for the Executive Regulations to be issued for further clarification and to set out certain requirements necessary for the enforcement of the New PPP Law. We hope to provide an upcoming article upon the issuance of the Executive Regulations to provide a brief overview of some of the key changes and additions to the New PPP Law.</p>\r\n\r\n<div>\r\n\r\n<hr class=\"msocomoff\" size=\"1\" />\r\n\r\n<div>\r\n<div class=\"msocomtxt\">\r\n<p class=\"MsoCommentText\"> <a class=\"msocomoff\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msoanchor_1\">[a1]</a>The old law prohibited the disposal or mortgage of construction/buildings on the land? Or it prohibited construction/building on the land?</p>\r\n\r\n</div>\r\n</div>\r\n<div>\r\n<div class=\"msocomtxt\">\r\n<p class=\"MsoCommentText\"> <a class=\"msocomoff\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msoanchor_2\">[a2]</a>The old law prohibited assets from reverting to the State of Kuwait? Or it prohibited disposal or mortgage of any asset that reverted to the State of Kuwait?</p>\r\n\r\n</div>\r\n</div>\r\n<div>\r\n<div class=\"msocomtxt\">\r\n<p class=\"MsoCommentText\"> <a class=\"msocomoff\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msoanchor_3\">[a3]</a>What is BOT?</p>\r\n\r\n</div>\r\n</div>\r\n<div>\r\n<div class=\"msocomtxt\">\r\n<p class=\"MsoCommentText\"> <a class=\"msocomoff\" href=\"file:///C:/Users/faye/Desktop/October%20article/CO%20COMM-%20Kuwait%20-%20New%20PPP%20Law.docx#_msoanchor_4\">[a4]</a>The old law prohibited the attachment of real rights over assets that reverted to the State of Kuwait? Or it prohibited the attachment of real rights over land / buildings?</p>\r\n<p class=\"MsoCommentText\">The first half of this paragraph should be re-written to make it clear.</p>\r\n\r\n</div>\r\n</div>\r\n</div>'),
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	(92131,5005,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/the-new-kuwait-ppp-law.html'),
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	(92138,5005,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92139,5005,'_yoast_wpseo_metadesc','With the closing of the Az-Zour North IWPP phase 1 project, the government of Kuwait decided to introduce Law No. 116 of 2014 (the “New PPP Law”) which has superseded the old law in relation to public partnership projects in Kuwait.'),
	(92140,5006,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">The equity capital market in Qatar is regulated by the Qatar Financial Markets Authority, and the Qatar Exchange provides the main board for listed companies as well as a parallel market for SMEs (Small &amp; Medium Enterprises).</p>\r\n<p class=\"MsoNormal\">One significant barrier for foreign investment into such markets in Qatar was the restriction set down by the Foreign Capital Investment- Law (Law 13 of 2000) which provided that non-Qatari investors may hold no more than 25% of the shares of joint stock companies listed on the Qatar Exchange, unless the memorandum and articles of association of such companies provides for a greater percentage.  Furthermore, apart from being required to be specified in the memorandum and articles of association, the same needed to be approved by a decision of the Council of Ministers (on the proposal of the Minister of Economy and Commerce), a process that has not been considered desirable by most public companies.</p>\r\n<p class=\"MsoNormal\">Accordingly, the perception is such that the aforementioned provision of the Foreign Capital Investment Law has negatively impacted upon foreign investment into the equity capital markets in Qatar and could well be an explanation for the low levels of IPO activity on the Qatar Exchange.</p>\r\n<p class=\"MsoNormal\">An amendment to the Foreign Capital Investment Law has been put into place by virtue of Law (9) of 2014 issued on 26 July 2014 and purporting to come into immediate force.  The nature of the amendment has brought listed companies in line with other investments into Qatar in allowing foreign ownership to increase to 49% of capital.</p>\r\n<p class=\"MsoNormal\">The amendment specifically provides that non-Qatari investors are now permitted to own no more than 49% of the shares of Qatari shareholding (joint stock) companies listed on the Qatar Exchange. The ability to increase above that 49% amount by virtue of a decision of the Council of Ministers on the proposal of the Minister of Economy and Commerce remains in place.</p>\r\n<p class=\"MsoNormal\">However, one point that needs to be tested in practice is a slight difference in the wording of the amendment (as opposed to the original provision) that requires the Ministry of Economy and Commerce to approve articles of association for companies contemplating up to 49% foreign ownership, which arguably comprises an explicit discretion given to the Ministry.  It is hoped the Ministry uses this discretion as part of its usual process of approving any articles of association for any company in Qatar rather than taking a wider view of the extent of the discretion so as to vet levels of foreign ownership as well.  Once applications are lodged with the Ministry, this will quickly become apparent.</p>\r\n<p class=\"MsoNormal\">Furthermore, the amendment stipulates that GCC nationals are to be treated as Qatari citizens in the ownership of shares in such listed entities.</p>\r\n<p class=\"MsoNormal\">Subject to matters that may arise in practice, the amendment can be characterised as a breakthrough in terms of attracting liquidity from foreign and/or GCC investors who will be in a position to commit more to the Qatar markets by allowing them a much more significant level of ownership and control of enterprises listed on the Qatar Exchange.</p>'),
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	(92144,5006,'content_description','In response to continued calls for the opening up of equity capital markets in Qatar, the Qatari government has recently explored new frontiers for foreign investments into listed public companies by putting into place a significant amendment to the applicable law. '),
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	(92146,5006,'pageSummary','In response to continued calls for the opening up of equity capital markets in Qatar, the Qatari government has recently explored new frontiers for foreign investments into listed public companies by putting into place a significant amendment to the applicable law.'),
	(92147,5006,'_pageSummary','field_59e59b307dec8'),
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	(92151,5006,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(92152,5006,'lawUpdateArticleWriters_1_lawUpdateArticleWriter','692'),
	(92153,5006,'_lawUpdateArticleWriters_1_lawUpdateArticleWriter','field_59da2ac06b065'),
	(92154,5006,'lawUpdateArticleWriters','2'),
	(92155,5006,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92156,5006,'_yoast_wpseo_metadesc','In response to continued calls for the opening up of equity capital markets in Qatar, the Qatari government has recently explored new frontiers for foreign investments into listed public companies by putting into place a significant amendment to the applicable law.'),
	(92157,5007,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"ET1\">Whilst it is not strictly true that the UAE has no insolvency laws at all, it is fair to say that no one (debtors or creditors) makes use of the existing laws. A new UAE insolvency law has been drafted, but in the writer’s view it will be years before it sees the light.</p>\r\n<p class=\"MsoNormal\"><strong>A BRIEF HISTORY</strong></p>\r\n<p class=\"ET1\">Before the global financial crisis of 2008, the bankruptcy laws of the UAE were hidden away in the statute books, invisible and unknown. Even today, in the aftermath of four years of major business problems following the financial crisis of 2008, the procedures under this existing law remain almost completely unused.</p>\r\n<p class=\"ET1\">In the early 20<sup>th</sup> century, most of the former Trucial States (including Dubai) adopted a comprehensive civil code, based on an older French model adapted for the Arabic world by the Egyptians. This comprehensive civil code always contained within it bankruptcy rules and machinery - but the bankruptcy rules were cumbersome, Court driven and expensive to use. Old Dubai was a business backwater with business activity dominated by pearlers and by fabric, gold and spice traders. They never had much use for bankruptcy laws.</p>\r\n<p class=\"ET1\">Beginning in the 1970’s a major financial and business centre arose from the sands of Dubai. In the years following there was an almost unbroken sequence of positive economic growth which extended all the way to the financial crisis of 2008. Businesses sometimes failed, but insolvency was exotic, rare and confined to small players. No one exercised the bankruptcy laws and no one was aware that they were embedded in the civil code, including many in legal and banking circles who should have known.  Then came the summer of 2008.</p>\r\n<p class=\"ET1\"><strong>THE FINANCIAL CRISIS OF 2008 AND ITS AFTERMATH</strong></p>\r\n<p class=\"ET1\">When the Dubai property bubble exploded in 2008, and the lending cycle halted abruptly, many office towers of the emirate were populated with insolvent enterprises. Newspaper articles and business magazines were full of speculation about how this state of affairs could possibly be managed with no bankruptcy law in the country. In due course, it was pointed out by legal aficionados of the civil code that, in fact, there were, and always had been, bankruptcy laws in the UAE.</p>\r\n<p class=\"ET1\">Surprisingly, even after the financial catastrophe of 2008 and the revelation that there was no legal void, the bankruptcy laws continued to gather dust. There were many failed property developers and share speculators, but the business and banking community avoided the original bankruptcy laws. The writer is aware of only one significant corporate insolvency which was administered in the UAE under the existing law, the White Bay LLC case which concerned a failed property developer in the Emirate of Umm Al Quwain.</p>\r\n<p class=\"MsoNormal\"><strong>HOW DO THINGS WORK WHERE THERE IS NO EFFECTIVE BANKRUPTCY LAW?</strong></p>\r\n<p class=\"ET1\">Although the existing bankruptcy laws are not used in practice, there is value in having them on the statute books because they create a baseline of legal rights and rules which define and constrain behaviours in the market. Two examples are:</p>\r\n\r\n<ul>\r\n 	<li>the bankruptcy rules recognise a “<em>pari passu</em>” principle, which is obviously a starting point in negotiations between creditors and debtors;</li>\r\n 	<li>the bankruptcy laws do contain provision for the Court to make personal liability orders against directors and managers where a return to creditors is less than 50%; a provision which provides an incentive for controllers of insolvent companies to negotiate with creditors.</li>\r\n</ul>\r\n<p class=\"ET1\">Several avenues are commonly employed for the resolution of insolvency issues, namely:</p>\r\n<p class=\"ET2\">­     <strong>Informal Arrangements</strong></p>\r\n<p class=\"ET2Bodytext\">These are relatively common and whilst sometimes facilitated by outside advisors they are usually negotiated directly. In practice, creditors are usually not treated equally, either because the controllers wish to look after their friends or because some creditors have more leverage than others e.g. they supply essential goods, services or relationships. Unfortunately, informal arrangements usually break down if a significant creditor is not prepared to agree and files a case in Court.</p>\r\n<p class=\"ET2\">­     <strong>Loan Restructurings </strong><strong> </strong></p>\r\n<p class=\"ET2Bodytext\">Most of the larger and more conspicuous insolvent companies have undergone insolvent reconstructions camouflaged as refinancing negotiations. These restructurings can be sabotaged where major creditors, financiers or others break ranks and bring legal cases. However, generally these legal cases take a long time to be resolved in Court.</p>\r\n<p class=\"ET2\">­     <strong>Jailing Debtors</strong></p>\r\n<p class=\"ET2Bodytext\">Historically, in the UAE cheque signatories committed a criminal offence when their cheques were dishonoured. It was open to the payee to lodge a criminal complaint against the signatory (even where the cheque is a company cheque). Arrest Warrants were commonplace. Banks and other counterparties often require post-dated cheques to be given as security. This criminal sanction gives banks powerful leverage and they can often extract money from debtors in this way. The law has recently been amended to decriminalise the dishonouring of a cheque given as security where the signatory is a UAE national, but the law is still very important in practice as most of the UAE population (about 85%) is expatriate.</p>\r\n<p class=\"ET2Bodytext\"><strong>THE PROPOSED NEW INSOLVENCY LAW</strong></p>\r\n<p class=\"ET1\">Since 2011, work has been proceeding on a new insolvency law and there is a draft circulating. The draft incorporates elements from the French, German and US systems and reflects a debtor friendly and Court-driven process. However, in the writer’s opinion the new law is unlikely to be enacted for some time, probably several years.</p>\r\n<p class=\"ET1\">Although there have been public announcements which point to an earlier introduction, the pace of legal reform in the UAE can be slow. For example, the revision to the UAE Commercial Companies Law has been under process since 2004 and it is yet to be enacted.</p>\r\n<p class=\"ET1\">A new insolvency law is unlikely to come into force for some time because:</p>\r\n\r\n<ul>\r\n 	<li>comprehensive bankruptcy law reform is one of the most challenging legal reforms which can be attempted, as it cuts across contractual rights, property rights, banking practices, debt recoveries and even family law. The design of sensible interfaces with the other elements of the local legal system is extremely complex and intricate. I think it will take some time to resolve these issues within the UAE’s federal framework;</li>\r\n 	<li> there is opposition in some banking circles to the introduction of the new law, partly because it is a debtor friendly regime and also because the recent decriminalisation of the dishonouring of security cheques in cases involving UAE nationals gives the banks less leverage to recover loans; and</li>\r\n 	<li>existing economic conditions are buoyant, so  the issue of insolvency seems less urgent than it was three years ago.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>CONCLUSION</strong></p>\r\n<p class=\"ET1\">I believe the business and financial community in the UAE occupies the space between existing bankruptcy rules, which no one uses, and a new bankruptcy law which is unlikely to see the light for some time. At times, both debtors and creditors experience difficulties in this legal void, but until we see a modern insolvency law UAE creditors and debtors will be left to find their own way through the challenges of business failure.</p>\r\n<em>Note: A version of this Article was first published in the journal ‘INSOL World’ in October 2014.</em>'),
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	(92161,5007,'content_description','This article is a case study on how the UAE, a country with two cities which are significant international financial and business centres (namely Dubai and Abu Dhabi), functions without effective insolvency laws; and why this state of affairs is likely to continue for some time. '),
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	(92163,5007,'pageSummary','This article is a case study on how the UAE, a country with two cities which are significant international financial and business centres (namely Dubai and Abu Dhabi), functions without effective insolvency laws; and why this state of affairs is likely to continue for some time.'),
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	(92169,5007,'lawUpdateArticleWriters','1'),
	(92170,5007,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92171,5007,'_yoast_wpseo_metadesc','This article is a case study on how the UAE, a country with two cities which are significant international financial and business centres (namely Dubai and Abu Dhabi), functions without effective insolvency laws; and why this state of affairs is likely to continue for some time.'),
	(92172,5008,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Yet nowadays, we see more and more vagueness and ambiguity in contract terms.  Whether due to the rush of lucrative business where time is of the essence to secure a deal, or lack of attentiveness, uncertainty in contract drafting creates a linguistic nightmare when searching for the initial intention of the parties. If a party finds it has been given extended rights based on the ambiguity of the license terms, they will insist that this was the parties intention all along. With the rapid influx of cross border licensing occurring, few words are universally understood to have a single meaning and that can lead to a once promising collaboration being frustrated.</p>\r\n<p class=\"MsoNormal\">The solution is to avoid ambiguous drafting by using clear and concise terms, especially when preparing the ‘Operating Language’ of the license.</p>\r\n<p class=\"MsoNormal\">This article will discuss the Operative Language of a license in general, and the common errors that are typically found.</p>\r\n<p class=\"MsoNormal\"> <strong>The Operative Language</strong></p>\r\n<p class=\"MsoNormal\">Careful consideration must be taken when negotiating and drafting the Operative Language in a license agreement.  The Operating Language is the “grant” clause, which is the most important clause in a license agreement.</p>\r\n<p class=\"MsoNormal\">The grant clause should typically contain 6 elements:</p>\r\n\r\n<ol>\r\n 	<li>Nature of grant  (language should be clear that it is a license and not an assignment)</li>\r\n 	<li>Nature of exclusivity (a (non) exclusive (or sole) license under certain IP rights)</li>\r\n 	<li>Bundle of rights ( to make, have made, use, offer to sell, sell, or import Licensed Products; depends on the subject matter of the license))</li>\r\n 	<li>Territory</li>\r\n 	<li>Duration</li>\r\n 	<li>Consideration</li>\r\n</ol>\r\n<p class=\"MsoNormal\">In such clauses one tends to find modifier terms such as “indivisible”, “irrevocable” and “non-transferable”.  This is inadvisable. Some of these terms should not be recited in a license and some do not belong in the grant clause. It is important to understand the repercussions of adding such terms, and they can often be the source of disputes.</p>\r\n<p class=\"MsoNormal\">For instance the term “indivisible” could rule out the use of the license by affiliates or subsidiaries. The term “non-transferable” would not grant any right to assign or sublicense.</p>\r\n<p class=\"MsoNormal\">Other terms such as “irrevocable” do not belong in the grant clause, but belong in the clause on termination.</p>\r\n<p class=\"MsoNormal\">The parties need to understand that terms like these often tend to add ambiguity. If they need to be there the parties need to understand what they mean exactly and the restrictions or rights that come with them.</p>\r\n<p class=\"MsoNormal\">In licensing of intellectual property rights, particularly copyright, the bundles of rights are extensive and vary with the evolution of technology. One must be diligent in licensing those rights and ensure that the correct terms of the license are well defined, clear and far from any ambiguity.</p>\r\n<p class=\"MsoNormal\"><strong>Bundle of rights in copyright licensing\r\n</strong>Bundles of rights under a copyright are the exclusive rights of authors and their successors regarding the exploitation of their copyright.</p>\r\n<p class=\"MsoNormal\">In the UAE these rights are set out in the UAE  Federal Law No. 7 of 2002 for Copyright (‘the Copyright Law’) particularly at article 7 which stipulates that:</p>\r\n<p class=\"MsoNormal\">‘Article 7 : The author alone and his successors after him, or the holder of the right of the author, may license, in any way, the exploitation of the work, especially by means of reproduction including electronic downloading and storing, or acting by any method, or broadcasting, or re-broadcasting, or public performance or transmission, or translation, or alteration , or amendment, or rental, or lending, or publishing in any way, including giving access to the work by means of a computer or information and communication networks, or by other means’</p>\r\n<p class=\"MsoNormal\">Trying to grant or obtain a license to exploit any of those rights is no easy task.  For example, one must know what would a reproduction license entail, exclude and also imply.</p>\r\n<p class=\"MsoNormal\">The Operating Language is therefore critical in clarifying any ambiguities. Article 9 of the Copyright Law demands that any disposition of the rights of copyright must be in writing and must detail the purpose, duration and territory to which the assignment applies.  It does not however require an explicit statement as to which rights in the bundle of rights are being granted, whether a reproduction, or distribution, or adaptation license.</p>\r\n<p class=\"MsoNormal\">By way of example, one of the rights in the bundle of rights is the reproduction right, which is perhaps the most fundamental right granted by the Copyright Law.  The reproduction right is the right to reproduce a copyrighted work in copies or in whatever other medium.  Reproduction is defined in the Copyright law as:</p>\r\n<p class=\"MsoNormal\">“<em>making one or more copies of a work, or a sound recording, or a broadcast program, or any performance, in any manner or form, including permanent or temporary electronic downloading or storage, regardless of the method or device used in the reproduction</em>”.</p>\r\n<p class=\"MsoNormal\">A common assumption is that a license to reproduce a work includes a right to distribute it. However there is no mention of distribution in the definition of ‘reproduction’ above. A license to reproduce is distinct right from a license to distribute. They are not synonymous terms and cannot be used interchangeably.  As such, a holder of a reproduction license does not necessarily have a distribution right and would be considered in violation if he sells the work without an explicit license.  The same applies for a distribution license - a reproduction right is not implied, and it is considered a violation if he copies the work.</p>\r\n<p class=\"MsoNormal\">The best approach is to explicitly state in writing the specific rights being licensed, as any rights not explicitly licensed or assigned shall be deemed to be retained by the Licensor. For instance , simply stating that licensor grants the licensee a reproduction license would not be clear enough because it does not state the number of copies permitted, the purpose of the license (e.g. whether education or for profit) and the medium of reproduction.</p>\r\n<p class=\"MsoNormal\">In light of the above, it is imperative that in a licensing agreement the parties carefully review the language used so as to ensure that the parties intent is truly reflected. Otherwise a dispute may arise and Courts may be called upon to interpret the license, which is often to the detriment of one of the parties to the agreement.</p>'),
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	(92176,5008,'content_description','For a copyright license to be enforceable, it must define the work accurately. The terms of the license must be sufficiently definite to enable a court to interpret the intent of the parties in the event a dispute arises. '),
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	(92190,5008,'_yoast_wpseo_metadesc','For a copyright license to be enforceable, it must define the work accurately. The terms of the license must be sufficiently definite to enable a court to interpret the intent of the parties in the event a dispute arises.'),
	(92191,5009,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Mr Omar is reported to have said that Dubai hoped to submit a bid to host the Olympic Games within the next eight years.</p>\r\n<p class=\"MsoNormal\">While Mr Omar is not the first person to talk about Dubai’s potential to host an Olympics, he is a senior figure from the right part of the government making positive overtones about a subject that has not been aired in public for a while.</p>\r\n<p class=\"MsoNormal\">If indeed a Dubai bid does eventually emerge, that would be exciting news for the Middle East, which has never hosted an Olympics.  Most people would have to believe that Dubai stands a real chance of winning, especially after its successful bid to host Expo 2020.</p>\r\n<p class=\"MsoNormal\">Of course, success breeds success, and when it comes to hosting major events Dubai does this brilliantly.  The Emirate already attracts a plethora top tier sports tournaments and is able to keep them year after year precisely because they are hosted so well.</p>\r\n<p class=\"MsoNormal\">The reason for Dubai’s strength in this area is its ability to get the mix of hard and soft infrastructure elements right.  Although more would be needed, the current array of venues, transportation, hospitality, and security infrastructure is all world class.  Simultaneously, the numerous regulatory requirements that come with hosting major events are constantly improving and adjusting, in line with international standards and association guidelines; as are related commercial sector practices.  In addition, the Emirate’s favourable climate, extensive coastline, and formidable retail experience means that tourists love coming to Dubai.  The location is close to ideal in a number of respects.</p>\r\n<p class=\"MsoNormal\">Given all these positives, one could be forgiven for thinking that winning the right to host the Olympics would be a fait accompli for a place like Dubai.  Well, if only it were that simple.</p>\r\n<p class=\"MsoNormal\">The truth is that while hosting a number of big tournaments and international events every year is a significant achievement in itself, winning and then actually hosting a successful Olympics and Paralympic Games is a step up in virtually every sense.  Moreover, there is a challenging legacy issue that must be considered so that the Games have a lasting impact, both in the region and in terms of leaving a positive cultural impression on the rest of the world.</p>\r\n<p class=\"MsoNormal\">The biggest risk of getting an Olympics wrong from a hosting perspective is reputational.  The Olympics is beamed around the world to billions of people and the country is very much on display.  So, deciding to bid and to do this credibly, is a big decision and not to be taken lightly.</p>\r\n<p class=\"MsoNormal\">Once a decision is made, the first step in the planning process would require the UAE’s National Olympic Committee to develop a ‘Project Delivery Plan’ – a blueprint for how Dubai, as the candidate city, wants to conduct its Games.  This would encapsulate the many elements involved: everything from stadia location and transport routes, to essential legislative changes.</p>\r\n<p class=\"MsoNormal\">These legislative changes could stretch across virtually all parts of the economy, including competition rules, land usage, procurement procedures, construction laws, intellectual property rights, media freedom and special security situations.  As a result, they may have an impact across the country, and not just in Dubai.  This is not to say sweeping change is required throughout, but given the huge task at hand to deliver an Olympic Games, we can anticipate that new legislation and significant amendments to existing laws will need to be planned, coordinated and implemented at both local and Federal level.</p>\r\n<p class=\"MsoNormal\">If ill-prepared, the task ahead would be a daunting one; and, we should remember that after two years of hard work planning and orchestrating a formal bid, the candidate city still might not win.  That is the harsh reality of the International Olympic Committee’s bidding process. However, there are some relatively simple things that can be done to strengthen the framework behind the bid, and to enhance Dubai’s overall chances of winning.</p>\r\n<p class=\"MsoNormal\">First, the other six Emirates – and Abu Dhabi in particular as the capital – would need to ensure they offer Dubai every support and assistance during the bid process.  This is not just because all the other Emirates will see residual benefits from Dubai hosting the Olympics, including acting as venues for some of the events, but because the reputation of the country as a whole is at stake.</p>\r\n<p class=\"MsoNormal\">Second, the UAE’s National Olympic Committee will need to be strategically led and empowered by the Federal Government, to ensure it is able to easily coordinate the various government entities, authorities and other bodies that must come together to make a mega event like the Olympics a success.</p>\r\n<p class=\"MsoNormal\">Finally, depending on the timing of a Dubai bid, there is a possibility that some of the additional hard infrastructure required would already be existence, or a good part of it, as a result of the projects recently underway for Expo 2020.  A really smart bid from the Emirate, which in my view would seek to host the Games immediately after Tokyo (an event that is likely to propel the Olympic brand and cultural concept to new heights), would approach the two occasions as coordinated steps – with Expo used as a springboard to the Olympics and the build-up to both events being key components of Dubai’s Vision 2020.</p>\r\n<p class=\"MsoNormal\">Bidding for an Olympics is both an exciting and challenging undertaking for any candidate city.  It is, by an order of magnitude a step up from hosting other events, and there are significant risks and rewards to weigh up.  However, with the UAE fully behind a Dubai bid, the National Olympic Committee ready and able to coordinate and deliver, and through the intelligent use of timing and infrastructure, the city should feel optimistic about its chances of bringing the Olympics to the Middle East for the first time.</p>\r\n<p class=\"MsoNormal\"><em>This article was first published in the Gulf News on 25 August 2014</em></p>\r\n<a href=\"http://gulfnews.com/business/features/dubai-s-olympic-bid-in-realms-of-the-doable-1.1373367\"><em>http://gulfnews.com/business/features/dubai-s-olympic-bid-in-realms-of-the-doable-1.1373367</em></a>'),
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	(92200,5009,'_currentURL','field_59d35123ab1e7'),
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	(92202,5009,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(92203,5009,'lawUpdateArticleWriters','1'),
	(92204,5009,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92205,5009,'_yoast_wpseo_metadesc','Recent media coverage highlighted some intriguing comments from Ali Omar, Director of the Dubai Sports Council’s sports development department.'),
	(92206,5010,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">The safety of individuals as well as commercial interests is a priority for many. The use of CCTV can be beneficial as it is the eyes and ears of public and private areas when no one else is present, and can act as a deterrent to criminal acts.</p>\r\n<p class=\"MsoNormal\">Recent reports in the local Dubai press touch on the issue of the use of CCTV in Dubai, and specifically refer to a new Dubai law which amends Dubai Law No. 24 of 2008 ‘Regarding Security Service Providers and Users’. Law No. 24 of 2008 requires “important commercial sectors” of Dubai to meet and satisfy security specifications under the Executive Regulations of Law No. 24 of 2008 (“Executive Regulations”).  These important commercial sectors include hotel, financial institutions, large department stores, and essentially all places that are highly vulnerable to risks or threats due to the type or value of commodities they deal in or services they provide.</p>\r\n<p class=\"MsoNormal\">The security specifications under the Executive Regulations specify that surveillance cameras (CCTV) need to be deployed. More specifically, Annex 1 of the Executive Regulations includes incredibly detailed specifications on how and where CCTV systems (including the recording devices and cameras) should be provided and in what conditions.  For example, cameras should be stable, fixed and clear, and should be fixed at emergency exits, lobby areas, elevators, and reception areas.  Additionally, camera views, lighting and the technical requirements for each camera vary depending on the subject matter that the CCTV system will be monitoring. There is a requirement that footage be retained for at least 31 days. These are just a few of the many requirements.</p>\r\n<p class=\"MsoNormal\">However, it is not always the commercial sector that is vulnerable to security risks. Law No.10 of 2014 Amending Provisions of Law No 24 of 2008 (“the New Law”) aims to amend the provisions of Law No. 24 of 2008 to address this issue. The New Law includes having security surveillance for what is referred to in the New Law as “Important Complexes”, which are areas that are an aggregation of residential units or offices which includes buildings, towers and villas.</p>\r\n<p class=\"MsoNormal\">The New Law was issued on 4th of June 2014 and came into force from that date. It is compulsory for owners of residential buildings and offices in Dubai to install security surveillance as per the requirements of the New Law. Owners will have three months from the date of issuance to comply with the New Law. If they fail to comply, they may receive a fine of up to AED 10,000 for the first warning; AED 20,000 for second warning; and AED 30,000 for the last warning, after which their license may be cancelled.</p>\r\n<p class=\"MsoNormal\">Law No. 24 of 2008, the Executive Regulations and the new Law only apply to areas in the Emirate of Dubai including all free zones and special development zones.  Some Freezones in Dubai also have their own regulations regarding the use of CCTV.</p>\r\n<p class=\"MsoNormal\">For the remainder of the UAE, the use of CCTV specifically remains largely unregulated. However this is not to say that CCTV may be used in the UAE without regard to the UAE laws and regulations more broadly.  Quite the contrary.  Depending on the circumstances in which CCTV is being used, a person’s right to privacy may need to be considered in accordance with Articles 378 and 379 of the UAE Penal Code (Federal Law No. 3 of 1987) and the UAE Cybercrimes Law (Law No. 5 of 2012). This may require appropriate signage to be displayed if CCTV is deployed in a certain area, or require that prior written consent be obtained from individuals who may be recorded by CCTV in a particular area.</p>\r\n<p class=\"MsoNormal\"></p>\r\n<p class=\"MsoNormal\">These are just some of the issues that arise with the use of CCTV. Should you have any specific queries, please do not hesitate to contact us.</p>\r\n<p class=\"MsoNormal\">Al Tamimi &amp; Company’s <em>Technology, Media &amp; Telecommunications</em> team regularly advises on privacy issues, and issues relating to security and monitoring. For further information, please contact Anita Siassios (<a href=\"mailto:a.siassios@tamimi.com\">a.siassios@tamimi.com</a>) or Ahlam Al Tamimi (a.altamimi@tamimi.com).</p>'),
	(177764,5010,'core_values',''),
	(177765,5010,'_core_values','field_59b64ab071de4'),
	(92207,5010,'_content','field_59b649b5c8b2b'),
	(92208,5010,'lawUpdateArticleMonth','4994'),
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	(92210,5010,'content_description','In this age of increased security, there is an emerging trend to deploy Closed Circuit Television (CCTV) to support security measures. '),
	(92211,5010,'_content_description','field_59b641c07f473'),
	(92212,5010,'pageSummary','In this age of increased security, there is an emerging trend to deploy Closed Circuit Television (CCTV) to support security measures.'),
	(92213,5010,'_pageSummary','field_59e59b307dec8'),
	(92214,5010,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/surveillance-cameras-in-dubai.html'),
	(92215,5010,'_currentURL','field_59d35123ab1e7'),
	(92216,5010,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Anita Siassios'),
	(92217,5010,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(92218,5010,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','a.siassios@tamimi.com'),
	(92219,5010,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(92220,5010,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(92221,5010,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(92222,5010,'lawUpdateArticleNoWriters_1_lawUpdateAuthorName','Ahlam Al Tamimi'),
	(92223,5010,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(92224,5010,'lawUpdateArticleNoWriters_1_lawUpdateAuthorEmail','a.altamimi@tamimi.com'),
	(92225,5010,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(92226,5010,'lawUpdateArticleNoWriters_1_lawUpdateAuthorLocation',''),
	(92227,5010,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(92228,5010,'lawUpdateArticleNoWriters','2'),
	(92229,5010,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(92230,5010,'_yoast_wpseo_metadesc','In this age of increased security, there is an emerging trend to deploy Closed Circuit Television (CCTV) to support security measures.'),
	(92231,5011,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\"><em>The Dubai Healthcare City Authority has issued revised regulations covering a range of areas, including professional regulation, complementary healthcare, education and research, and protection of patient health information. In this article, we focus on changes to the regulation relating to the protection of patient health information in the DHCC context.</em></p>\r\n<p class=\"MsoNormal\">The DHCC Health Data Protection Regulation No. 7 of 2013 (the “Regulations”) repeals and replaces the DHCC Data Protection Regulation No. 7 of 2008 (the “2008 Regulations”).</p>\r\n<p class=\"MsoNormal\">Many of the changes found in the Regulations address drafting deficiencies in the 2008 Regulations. The Regulations now contain further defined terms, providing useful detail and clarification. By way of example, the Regulations now clarify the nature of the entities that are carrying on business within DHCC and that are required to comply with the Regulations. There are transitional provisions that provide for the 2008 Regulations to continue to apply to investigations and reviews that were commenced under the 2008 Regulations.</p>\r\n<p class=\"MsoNormal\">The following is a summary of the key differences we found in a comparison of the Regulations against the, now repealed, 2008 Regulations.</p>\r\n<p class=\"MsoNormal\"><strong>Responsibility for administration of Regulations</strong></p>\r\n<p class=\"MsoNormal\">The 2008 Regulations provided for the establishment of the role of a Health Data Protection Ombudsman, responsible for the administration of the 2008 Regulations. There is no longer any reference to the role of Health Data Protection Ombudsman. Responsibility for administering the Regulations falls to the DHCC’s Board of Directors and the Executive Body of the Dubai Healthcare City Authority.</p>\r\n<p class=\"MsoNormal\"><strong>Responsibility for enforcement of Regulations</strong></p>\r\n<p class=\"MsoNormal\">The compliance and enforcement functions, which were the responsibility of the Health Data Protection Ombudsman under the 2008 Regulations, now fall to the Centre for Healthcare Planning and Quality (“CPQ”), which is an independent regulatory body within DHCC. Under the Regulations, CPQ has additional powers to enable it to perform its compliance and enforcement role. These include the power to propose new rules, standards and policies in respect of the administration and application of the Regulations, including procedures for initiating and filing complaints, and establishing penalties for non-compliance with the Regulations. The CPQ is also able to audit licensees to ensure that their treatment of patient health data is compliant with the Regulations.</p>\r\n<p class=\"MsoNormal\">Additionally, an entity called the Central Governance Board is charged with educating patients and licensees with regard to the Regulations and patient health information issues, and for examining and reporting on such issues to the DHCC’s Executive Body.</p>\r\n<p class=\"MsoNormal\"><strong>Retention of patient health information</strong></p>\r\n<p class=\"MsoNormal\">The Regulations specify periods for which certain types of patient health information needs to be retained. For adults, the general rule can be understood as ten years from the last entry in the records; for minors, the retention period is ten years from when the person reaches 18 years of age. The Regulations also refer to a 20 year retention period for ‘medico-legal cases’. While this term is not defined in the Regulations, we understand it as referring to malpractice claims, disputes or other contentious matters.</p>\r\n<p class=\"MsoNormal\"><strong>Limits on use and disclosure of patient health and identification information</strong></p>\r\n<p class=\"MsoNormal\">The provisions relating to the use and disclosure of patient health information, and the disclosure of patient identification information, appear to have been heavily re-worked in the new Regulations. Despite this, the substance of these provisions remains largely the same as in the 2008 Regulations, although certain aspects appear to have been re-ordered for clarity.</p>\r\n<p class=\"MsoNormal\"><strong>Transfer of patient information</strong></p>\r\n<p class=\"MsoNormal\">Under the Regulations, jurisdictions considered to provide an adequate level of protection are still those deemed adequate pursuant to the Dubai International Financial Centre’s Data Protection Law, or those that have written approval of the Central Governance Board (which has replaced the Health Data Protection Ombudsman in this regard).</p>\r\n<p class=\"MsoNormal\">Interestingly, the Regulations no longer contain a provision whereby personal information can be transferred to a jurisdiction not considered to provide an adequate level of protection to patient health data on the basis of a <em>permit</em> from the responsible authority. Under the 2008 Regulations, a permit from the Health Data Protection Ombudsman would have legitimised such a transfer.</p>\r\n<p class=\"MsoNormal\">So, while the Central Governance Board can identify jurisdictions that it considers to provide an adequate level of data protection, it does not appear to have the power to issue permits in respect of proposed transfers to jurisdictions <em>not</em> considered to provide an adequate level of protection.</p>\r\n<p class=\"MsoNormal\"><strong>Complaints</strong></p>\r\n<p class=\"MsoNormal\">The complaints procedure under the Regulations is significantly less prescriptive than the procedures set out under the 2008 Regulations.  Much of the detail found in the 2008 Regulations has been culled, and the procedures for reviewing a complaint under the Regulations are as set out in the provisions of the DHCC Governing Regulation No. 1 of 2013, which is the over-arching governing regulation for DHCC.</p>\r\n<p class=\"MsoNormal\">Overall, the changes found in the Regulations are aimed at clarity, and are unlikely to have significant impact on the manner in which licensees operating in DHCC manage their patient health information obligations on a day to day basis.</p>\r\n<p class=\"MsoNormal\"><em>Al Tamimi &amp; Company’s Technology, Media &amp; Telecommunications team regularly advises on data protection issues, including in the context of healthcare. </em><em>For further information about these matters, please contact Nick O’Connell – </em><a href=\"mailto:n.oconnell@tamimi.com\">n.oconnell@tamimi.com</a> .</p>'),
	(177731,5011,'core_values',''),
	(92232,5011,'_content','field_59b649b5c8b2b'),
	(92233,5011,'lawUpdateArticleMonth','4994'),
	(92234,5011,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(92235,5011,'content_description','The regulatory framework of Dubai Healthcare City (“DHCC”), a healthcare free zone in the Emirate of Dubai, has recently been reviewed. '),
	(92236,5011,'_content_description','field_59b641c07f473'),
	(92237,5011,'pageSummary','The regulatory framework of Dubai Healthcare City (“DHCC”), a healthcare free zone in the Emirate of Dubai, has recently been reviewed.'),
	(92238,5011,'_pageSummary','field_59e59b307dec8'),
	(92239,5011,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/protection-of-patient-health-information-in-dubai-healthcare-city.html'),
	(92240,5011,'_currentURL','field_59d35123ab1e7'),
	(92241,5011,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','893'),
	(92242,5011,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(92243,5011,'lawUpdateArticleWriters','1'),
	(92244,5011,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92245,5011,'_yoast_wpseo_metadesc','The regulatory framework of Dubai Healthcare City (“DHCC”), a healthcare free zone in the Emirate of Dubai, has recently been reviewed.'),
	(92246,5012,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">The energy sector plays a vital role in the development and maintenance of every other sector in the country. It is essential in improving standards of living and fundamental to the establishment of sustainable development. Unfortunately, Jordan lacks conventional energy resources and imports the vast majority of its supply of energy.</p>\r\n<p class=\"MsoNormal\">The rapid increase in population size and economic growth has also created a higher demand for energy making it difficult for the Kingdom to satisfy its needs.</p>\r\n<p class=\"MsoNormal\">Jordan has a small to medium sized economy. It annually receives financial aid from abroad and has a number of foreign loans. Unlike its neighbouring countries, it has little to no reserves of oil, limited natural resources and relies mainly on imports to keep its citizens’ needs met.</p>\r\n<p class=\"MsoNormal\">What role does renewable energy play in all this then? Although the country is blessed with high rates of solar and wind energy, Jordan does not capitalise on these sources for the generation of electricity. At present, renewable energy plays only a minor role in the sector. According to recent statistics, it comprises a mere 2% of the energy mix in Jordan. But that is soon about to change.</p>\r\n<p class=\"MsoNormal\">The introduction of the 2012 Renewable Energy and Energy Efficiency Law No. 13 (“Renewable Energy Law”) places the renewable energy sector’s growth and development firmly on the government’s agenda. This is confirmed by the government’s energy strategy, which aims to increase the percentage of renewable energy used in the country to 10% within the next decade.</p>\r\n<p class=\"MsoNormal\">Concerns regarding the energy crisis in the last few years have lead to the creation of several organisations promoting the renewable energy sector in Jordan, most notable of which is the Jordan Renewable Energy Society.</p>\r\n<p class=\"MsoNormal\">What exactly is renewable energy? In the Renewable Energy Law of 2012 it is defined as: “Energy derived from national resources which have an element of perpetuity and continuance.”</p>\r\n<p class=\"MsoNormal\">Renewable energy in the Kingdom can be divided into the following categories:</p>\r\n<p class=\"MsoNormal\">1. Solar</p>\r\n<p class=\"MsoNormal\">2. Wind</p>\r\n<p class=\"MsoNormal\">3. Bio</p>\r\n<p class=\"MsoNormal\">4. Hydro</p>\r\n<p class=\"MsoNormal\">5. Thermal</p>\r\n<p class=\"MsoNormal\">There are several solar projects in which the government is currently involved. One example is the solar energy project for the generation of electricity through photovoltaic cells. Wind energy is also on the agenda. Bio energy, on the other hand, is one of the smallest contributors to the renewable energy sector in Jordan. To the best of our knowledge, there is only one company that is presently working on the treatment of organic waste for the production of bio energy.</p>\r\n<p class=\"MsoNormal\">The renewable energy sector is regulated through legislation, the most recent of which, is the Renewable Energy Law. Other relevant legislation includes the General Electricity Law No. 64 of 2002 and the Licensing of Electricity Companies Regulation No. 76 of 2001.</p>\r\n<p class=\"MsoNormal\"><strong>Tax Advantages</strong></p>\r\n<p class=\"MsoNormal\">Article 3 of the Income Tax Law No. 28 of 2009 (“Income Tax Law”) states that all income generated within Jordan not clearly exempt by the Income Tax Law or any other legislation, is subject to income tax.  Corporate Income Tax rates vary between 14% and 30% depending on the sector in which the company operates. In the renewable energy sector, energy generation companies are subject to a 14% income tax. However, the Council of Ministers may issue a decision granting renewable energy generation companies exemptions from income tax. This was originally included in the draft Renewable Energy Law, which had a provision granting renewable energy generation companies exemption from income tax, for a period of 10 years from the date upon which the company begins to generate renewable energy. However this was removed in order for it to be included in a future piece of legislation which is still being worked on.</p>\r\n<p class=\"MsoNormal\">Under the Renewable Energy Law both locally manufactured and imported materials and equipment used in the construction of renewable energy power plants are exempt from sales tax and custom duties.</p>\r\n<p class=\"MsoNormal\"><strong>Purchase Guarantee </strong></p>\r\n<p class=\"MsoNormal\">According to the Renewable Energy Law, the companies licensed in Jordan to distribute energy will be obligated to purchase all the power produced by licensed renewable energy power plants.</p>\r\n<p class=\"MsoNormal\">Article 10 of the Renewable Energy Law stipulates that the price of electricity generated from renewable energy sources shall be determined by virtue of instructions issued pursuant to the Renewable Energy Law. That said, it should be noted that the aforementioned article states that the prices of electricity to be sold to the licensed distribution companies shall not be less than the purchase price determined by the licensed distribution companies.</p>\r\n<p class=\"MsoNormal\"><strong>Other Incentives</strong></p>\r\n<p class=\"MsoNormal\">Other incentives under the law include:</p>\r\n\r\n<ol>\r\n 	<li>The cost of connecting the licensed renewable energy power plant to the grid will be borne by the companies licensed in Jordan to distribute energy.</li>\r\n 	<li>A fund called “The Promotion of Renewable Energy and Energy Efficiency Fund” shall be established for the purposes of providing any necessary funding for renewable energy projects, including the granting of loans and guarantees.</li>\r\n</ol>\r\n<p class=\"MsoNormal\"><strong>Conslusion</strong></p>\r\n<p class=\"MsoNormal\">The energy sector is one of the most crucial elements of economic, social and environmental growth for the Kingdom. At present, the Jordanian economy is burdened because the country has to purchase much of its energy from abroad. The government is therefore working to promote and support the local production of energy, mainly through local renewable energy options in order to replace the vast majority of imported energy.</p>\r\n<p class=\"MsoNormal\">This strategy is extremely promising, but the implementation has been slow. This flourishing sector in Jordan should be further supported and we believe that more and more benefits and incentives will be provided in the future. Foreign energy companies are taking notice of this sector in Jordan and are considering how best to invest in the country.</p>'),
	(92247,5012,'_content','field_59b649b5c8b2b'),
	(92248,5012,'lawUpdateArticleMonth','4994'),
	(92249,5012,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(92250,5012,'content_description','Renewable energy is a term Jordanians will be hearing quite often in the coming years, and rightly so. '),
	(92251,5012,'_content_description','field_59b641c07f473'),
	(92252,5012,'pageSummary','Renewable energy is a term Jordanians will be hearing quite often in the coming years, and rightly so.'),
	(92253,5012,'_pageSummary','field_59e59b307dec8'),
	(92254,5012,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/october-4/jordans-renewable-energy.html'),
	(92255,5012,'_currentURL','field_59d35123ab1e7'),
	(92256,5012,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','662'),
	(92257,5012,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(92258,5012,'lawUpdateArticleWriters','1'),
	(92259,5012,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(92260,5012,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','537'),
	(92261,5012,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(92262,5012,'lawUpdateArticlePractices','1'),
	(92263,5012,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(92264,5012,'_yoast_wpseo_metadesc','Renewable energy is a term Jordanians will be hearing quite often in the coming years, and rightly so.'),
	(92265,5013,'content','October 2014\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">This means Qatar retains its rank as second place among 132 developing countries in terms of online connectivity. We are seeing a spike in legitimate digital content services and solutions, not only from the incumbent companies, but also from innovative start-ups, both working through the internet. However with this increase in internet use comes increased cybercrime.</p>\r\n<p class=\"MsoNormal\">On 16 September 2014 the Qatari government promulgated a cybercrime prevention law (No.14 of 2014) in an effort to increase the tools for combating online and cyber crimes. The new law imposes many sanctions and several penalties for offences committed through the Internet, IT networks, computers and other related crimes. The legislation is aimed at safeguarding the country’s technological infrastructure and strengthening cyber security within Qatar. The law took immediate effect but it will be posted in the Official Gazette to comply with formalities.</p>\r\n<p class=\"MsoNormal\">During the drafting of the legislation there was considerable criticism surrounded it as many viewed some parts of the legislation as threatening freedom of speech and access to media.</p>\r\n<p class=\"MsoNormal\">The law contains the following provisions, amongst others:</p>\r\n\r\n<ol>\r\n 	<li>The law stipulates a 10 year jail term and a fine of up to QR 200,000 for forging any official e-document, or a three year jail term or a fine of a maximum of QR 100,000 if the document forged is unofficial. Similar punishments await those who impersonate  individuals or entities, or are involved in identity theft or steal movable property using the Internet.</li>\r\n 	<li>Provisions on so-called “content crimes” that make it illegal to publish “false news”. These terms are not defined, making it unclear what content would land local journalists and social media users in trouble. Therefore news agencies, social media users and journalists must be careful to verify the source of the news before broadcasting it to the public in order to avoid contravening the law.</li>\r\n 	<li>A jail term of up to three years and a fine of up to QR 200,000 for unauthorized possession or use of e-card, whether it is an ATM or credit card, or stealing numbers or forging e-cards.</li>\r\n 	<li>A jail term of up to three years and a fine of up to 500,000 Qatari riyals for the breach of intellectual property rights by using the internet article 13), be it copyrights, patents, trade secrets, trademarks, trade names, geographical indications and industrial designs, or designs of integrated circuits.</li>\r\n</ol>\r\n<p class=\"MsoNormal\">As reported in a study conducted by the 2014 Global Economic Crime Survey by Price Waterhouse Cooper, cybercrimes are the second most common form of economic crime reported in the Middle East. As such businesses operating in the region are at high risk. Despite the concerns raised about the new Cybercrimes law when it was in the drafting stages, it is undeniable that Qatar along with the UAE has taken the lead in addressing the issues related to cybercrime and has implemented penalties and jail terms for those who contravene to the law.</p>'),
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	(91643,4980,'content_description','In a previous edition (Law Update issue 269, May 2014), we considered the Framework of Player contracts from the perspective of the duties owed by a player/athlete to the employer. '),
	(91644,4980,'_content_description','field_59b641c07f473'),
	(91645,4980,'pageSummary','In a previous edition (Law Update issue 269, May 2014), we considered the Framework of Player contracts from the perspective of the duties owed by a player/athlete to the employer.'),
	(91646,4980,'_pageSummary','field_59e59b307dec8'),
	(91647,4980,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-8/september-4/part-ii-professional-player-contracts-the-framework-for-player-contracts.html'),
	(91648,4980,'_currentURL','field_59d35123ab1e7'),
	(91649,4980,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','John Stamper'),
	(91650,4980,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(91651,4980,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','j.stamper@tamimi.com'),
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	(91653,4980,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(91656,4980,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(91657,4980,'_yoast_wpseo_metadesc','In a previous edition (Law Update issue 269, May 2014), we considered the Framework of Player contracts from the perspective of the duties owed by a player/athlete to the employer.'),
	(91658,4981,'content','September 2014\r\n\r\n<hr />\r\n\r\nLegal documentation for projects relating to major sporting events such as the World Cup and Olympic Games (and also Dubai Expo 2020 for that matter) must necessarily achieve the core functions of the timely delivery of the project as well as the on-going legacy of economic, social and environmental outcomes once the event has concluded.  This dual role is neatly encapsulated in the name of the organising body for the 2022 World Cup in Qatar, namely the Supreme Committee for Delivery and Legacy.\r\n\r\nThe core Project Delivery Agreement (PDA) for a project relating to a major event will outline standard provisions dealing with issues such as capacity of the parties, responsibilities, timing, monitoring and reporting, construction and handover, representations and warranties, default and termination.  However, the PDA must also be sufficiently robust, yet flexible, to deal with the particular challenges and drivers facing event specific projects.  The key issues facing major event projects including those summarized below.\r\n\r\n<strong>Legislative support</strong>\r\n\r\nIn many cases, local laws are not sufficient to address the many complexities and manage the many risks associated with major sporting events.  As a result, enabling legislation may be required to:\r\n<ol>\r\n 	<li>provide an environment in which the event can be held, such as the use of public facilities, potentially intrusive security arrangements, the implementation of infrastructure works, the acquisition and expropriation of land for project works, road closures and exemptions from particular local laws which do not sit well with the requirements of an international event; and</li>\r\n 	<li>facilitate the construction works through labour regulation, the possible expansion, or relaxation, of local laws to enable the achievement of time sensitive construction programs and a fixed completion date.</li>\r\n</ol>\r\nThe PDA will need to reflect these regulatory changes and provide for the satisfaction of any government checks and balances built into the project delivery process.\r\n\r\n<strong>Request for Proposals</strong>\r\n\r\nMost major project works broadly require a request for proposals followed by a bid proposal and evaluation process.   This is particularly so where the proponent is a State or government body as they usually have well-established procurement protocols.\r\n\r\nWhilst the bidder will be driven to deliver innovative design, cost effective completion and value for money, the proponent can be expected to concentrate on governance, the probity of the process, the proper evaluation of what may be quite different proposals and the maintenance of competitive tension in the bid process for as long as possible.\r\n\r\nIn a straightforward construction project for particular identifiable works, the relevant form of PDA may be attached to the bid documents.  However, where the proponent is looking for innovative design and ideas from the bidders themselves, the PDA may need to be finalised later in the bid process to reflect the final agreed design and scope of work.\r\n\r\n<strong>Risk Allocation</strong>\r\n\r\nThe allocation of risk between the stakeholders is a crucial factor in the negotiation of the PDA.  The focus of each party will be squarely on the identification and avoidance of risk or, if avoidance of a risk is not possible, the minimization or transfer of that risk.\r\n\r\nThe assumption of risk by a party will usually lead that party to adjust its financial analysis of the project and, in the case of a bidder, this may have detrimental effect on the prospects of success of the bid.\r\n\r\nMany PDA’s include a form of risk allocation table that lists the identified risks and then allocates responsibility for each risk to a particular party.  The allocation of each risk can be a matter of hard-fought commercial negotiation but a reasonable approach is that the party best placed to manage a particular risk should assume responsibility for it.\r\n\r\nFor example, the contractor may be prepared to assume responsibility for risks such as site conditions, financing and changes in economic circumstances whilst the proponent may be prepared to assume responsibility for risks such as changes in law or policy and, possibly, the remediation of existing environmental contamination.\r\n\r\n<strong>Construction</strong>\r\n\r\nThe project construction terms and conditions can either be set out in the PDA or in a separate construction contract and will generally impose fairly standard rights and obligations on the parties.\r\n\r\nHowever, there are a number of aspects which should be carefully considered, including the following:\r\n<ol>\r\n 	<li>The design requirements can change over the course of the construction period due to a desire to capture ever-changing best practice in the design of the facility and to incorporate new and innovative technology and environmental initiatives.  As a result, the variation procedure, and consequent cost allocation, should be particularly flexible and reactive to facilitate progressive enhancement of the final project.</li>\r\n 	<li>Unlike many other construction projects, the completion date for a major sporting event such as the World Cup or Olympic Games is fixed.  The opening ceremony will be scheduled for a particular date some years in advance and must occur on that date.  Consequently, contractual rights such as extensions of time, claims for delays and termination can be of limited effect both in terms of the commercial imperatives and the broader political reality. Therefore, the focus must always be on the incorporation of provisions that accelerate the works (including obligations to provide additional funds and resources) to ensure completion  by an immoveable deadline.  The PDA must also describe effective and on-going contract and project administration which will be crucial.</li>\r\n 	<li>Most major sporting events now require the organization of test events and trials in order to evaluate the project’s functionality and facilities.  The PDA must therefore include provisions that address staged handover and the implications in terms of work schedule, site management, insurance  and risk allocation.</li>\r\n 	<li>In most cases, the project is constructed having regard to the end use and the event specific facilities are incorporated into the main construction works as overlay works.  Once the event has finished, the overlay works are removed and the project is retrofitted for the commencement of the end use.  The provisions dealing with this transition phase need to be robust enough to anticipate any design changes both in the event works and the facilities and services required for the end use.</li>\r\n</ol>\r\n<strong>Clean facility</strong>\r\n\r\nMajor sporting events generate enormous marketing opportunities, and therefore revenue for the organisers and other stakeholders.  In the context of major event facilities, advertisers can be expected to require a clean facility, free from any existing signage and with the minimization of potential ambush marketing, so that they can overlay their advertising and related promotional features.  The PDA will need to include provisions that satisfy these requirements.\r\n\r\n<strong>Legacy</strong>\r\n\r\nThe legacy of major sporting events for the community now has major prominence in the bid process and is usually a significant local political issue.  It is recognized that events such as the World Cup and Olympic Games occupy a very limited period of time (in the case of the Olympic Games, 16 days) whereas the on-going legacy of the project will last for many years.\r\n\r\nThe legacy can include not only the use of the facilities and infrastructure but also the disposal of retrofitted facilities such as the sale of the apartments from the residential areas occupied by the contestants.  Importantly, where the particular project has been implemented by the private sector, the relevant PDA could include an on-going profit sharing arrangement for the State to fund additional facilities or go into consolidated revenue to achieve other desired outcomes.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nProject delivery documentation for major events has many similarities to usual project agreements.  However it is crucial to ensure that the documentation is carefully drafted to anticipate, and address, the particular requirements of these projects that distinguish them from the standard.\r\n\r\nAlan Hall has considerable background and experience in the delivery of major projects and related infrastructure, including acting for government in relation to the project delivery agreement for the Melbourne 2006 Commonwealth Games Athletes Village.  Alan is a member of the Corporate Commercial Department in Al Tamimi &amp; Company’s Riyadh office and is a key member of our Sports Law and Events Management practice.');

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	(91677,4982,'content','September 2014\r\n\r\n<hr />\r\n\r\n<strong>What’s happened?</strong>\r\n\r\n“HM King Hamad Bin Isa Al-Khalifa has recently passed Bahrain Law No. 35/2014 (the “New Law”) amending certain provisions of Bahrain Legislative Decree No. 23/1982. The New Law amends Articles 2, 8, 44, 117, 187 and 296,” Saad Al Doseri explains.\r\n\r\n<strong>What are the changes?</strong>\r\n\r\nArticle 2: Under the New Law, the Minister of Transport may now grant Bahraini nationality to vessels owned by non-Bahrainis subject to the approval of the Council of Ministers, even if the vessel is not registered in one of the Bahraini ports. The old Article (2) only granted Bahraini nationality to vessels owned by non-Bahrainis and only if the vessel was registered in one of Bahrain’s ports.\r\n\r\nArticle 8: This amendment is in relation to co-owners of vessels. Previously, in the event that a co-owner disagreed with a decision of the majority, said dissenting owner was entitled to relinquish his shares in the vessel to the other co-owners thereby discharging him from obligations arising out of the majority’s decision. This affords the dissenting co-owner a right to challenge the majority’s decision before the High Court prior to giving up his ownership shares in the vessel. The co-owner may now challenge the majority’s decision in the High Court within fifteen  days from the date of issuance of the majority decision. The significance of this amendment is that it provides an additional guarantee to co-owners by enabling an element of judicial control in order to preserve the common interest of vessel owners. Previously, any decisions made were conclusively determined by a simple majority of the co-owners of the vessel. The New Law recognizes the rights of minority vessel owners.\r\n\r\nArticle 44: The New Law amended Article 44 relating to powers over vessels owned by debtors. Under the revised Article 44, other vessels owned by the debtor in addition to the one directly related to the debt, can be attached through the Execution Court. However, said other vessels cannot be attached in relation to one of the debts stipulated in Article 43(m)-(o), namely: disputes over the vessel’s title, disputes over joint ownership, possession or operation thereof or disputes concerning rights of co-owners to amounts arising from its operation or maritime mortgage. This means that a dispute over one or more of the aforementioned three debts, will only entitle a creditor to seek an interim attachment order over the vessel which relates to the debt. Previously, a creditor claiming under any one of the fifteen debts specified in Article 43, all of which are of a maritime nature, could seek an order for an interim attachment over a vessel only to which the debt relates. However, the New Law  goes  further, allowing the creditor to seek an interim attachment over the vessel to which the debt is related to or any other vessel owned by the debtor, provided that he owned it at the time of the related debt with the above-mentioned exception.\r\n\r\nArticle 117: This provision has been amended so as to ensure the payment of compensation owed to the owner of a vessel as a result of delays in return of the vessel for any reason attributable to the charterer. Previously, a vessel owner that suffered delays due to the fault of a charterer was entitled to charge said charterer double the agreed rates for any overdue period. The New Law gives said vessel owner a further right to claim for any damages incurred due to the delay. Under the old law, the only penalty available against a charterer that delayed return of a vessel was payment of two times the normal rate for the overdue period only and without further compensation.\r\n\r\nArticle 187: A new paragraph has been inserted into Article 187 of the law stipulating that the Transportation, Ports and Maritime Affairs Minister will specify the exemptions from the obligation of pilotage and guidance of vessels for the Bahraini ports.\r\n\r\nArticle 296: Finally under a revised Article 296, the Minister in charge of maritime transport and maritime navigation can issue the necessary decisions to implement the Law’s provisions instead of the Finance and National Economy Minister.\r\n\r\n<strong>What’s the most significant change?</strong>\r\n\r\nWe believe the amendment in regards to the possibility of interim attachment orders over other vessels owned by the debtor according to Article 44 is of uttermost importance to Bahrain Maritime Law due to its negative impact on vessel owners. . Accordingly, if a vessel owner is in debt and has more than a vessel docked in Bahrain, the creditor may seek the issuance of an interim attachment on more than one vessel. Contrastingly, the old Article only permitted the attachment of a single vessel (i.e. the one related to the debt).\r\n\r\nArticle 117 is another significant amendment as it reflects the practical consequences of a delay which is not entirely within the control of a vessel owner.  For example, when a vessel owner is unable to meet third party obligations due to a delay of a charterer that has leased the vessel but defaulted on the timing of return of said vessel. This scenario leaves the vessel owner in a difficult position vis-à-vis third party lessees with whom he has agreed to lease the vessel subject  to  the delay. In such  circumstances, any award of compensation is subject to the discretion of the court and will depend on the extent of damages which the vessel owner is able to prove he suffered, as a direct result of the delay.\r\n\r\nAnother important amendment is the exemptions from the obligation of pilotage and guidance. According to Article 187 the Minister shall specify such exemptions. Law No. 76 of 2006 promulgating the grant of Concession for the Operation and management of Salman Port; and the Concession for the operation, management, and development of Khalifa Bin Salman Port (the “Concession Agreement “) granted the Port Operating Company a concession right and obligation to provide compulsory pilotage services to vessels of more than 60 meters, and it further provides that any exemption must be in accordance with the Concession Agreement. Therefore, the new amendment for specifying pilotage exemptions cases should be in line with the Concession Agreement.\r\n\r\n<strong>What’s the practical and commercial impact?</strong>\r\n\r\nAlthough the New Law does not entirely replace the existing Maritime Law, the amendments will follow certain practical and commercial consequences. For example the New Law affords vessel owners and lessees alike a wider choice of causes of action, e.g.: the right to claim compensatory damages against a lessee that delays return of a vessel; the right to attach against other vessels of a debtor, etc.\r\n\r\nFurther, the New Law underlies one of the paramount strategic objective of Bahrain’s government which is to establish the Kingdom as a leading regional maritime centre. The New Law encourages more reliable and balanced maritime services across all functions and amongst both vessel owners and charterers.\r\n\r\nOverall, the amendments are expected to have a positive commercial impact both by addressing practical issues that may have arisen in the past and that could not have been dealt with due to the limited scope of the  old Maritime Law, as well as bringing certain provisions in line with international maritime standards.'),
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	(91700,4983,'content','September 2014\r\n\r\n<hr />\r\n\r\nIn a recent decision, the Dubai Court of Appeal reaffirmed Dubai’s commitment to enforce such arbitral awards under the New York Convention. Al Tamimi &amp; Co. acted for the successful Owner.\r\n\r\n<strong>Background</strong>\r\n\r\nThe Owner chartered their vessel to ‘X’, with ‘Y’ countersigning the Charterparty as a guarantor.\r\n\r\nX went into compulsory liquidation and failed to pay the hire amount punctually to the ship Owner(s). In accordance to clause 17 of the Charterparty the matter was referred to arbitration in London. The arbitral agreement stated as follows:\r\n\r\n<em>“Should any dispute arise between Owners and the Charterers the matter in dispute shall be referred to Three persons at London, one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or that of any two of them, shall be final, and for purpose of enforcing any award this agreement may be made a rule of the Court. The Arbitrators shall be shipping men. Said three (3) parties to be shipping men who are members of London Maritime Association...” </em>\r\n\r\nBy a Final Partial Arbitration Award, the arbitrators ordered Y, as the counter signatory, to pay the Owners an amount of USD 3,800,000 plus costs, interest and arbitration fees.\r\n\r\n<strong>Attachment Order</strong>\r\n\r\nPrior filing a court case for the recognition and enforcement of the Award, the Owners took the precaution of seeking an attachment order over Y’s assets in the UAE to prevent them being dissipated. The application was successful and the Owners duly filed within 8 days of executing the precautionary attachment order, a claim before the Dubai Court of First Instance for the recognition and enforcement of the award.\r\n\r\n<strong>Dubai Court of First Instance</strong>\r\n\r\nY chose not to engage with the proceedings and the Court of First Instance proceeded to issue a judgment for recognition and enforcement. The Court stated that it was satisfied that the award complied with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (which the UAE signed in 2006), and was in compliance with local laws and did not contradict or breach the UAE public policy.\r\n\r\n<strong>Dubai Court of Appeal – The Arguments</strong>\r\n\r\nY appealed the Court of First Instance judgment, arguing (amongst other things) that the arbitral award should be considered null and void pursuant to Article V(1) (c) of the New York Convention (i.e. the award dealt with matters outside the scope of the Tribunal’s jurisdiction). They argued that because the charterparty was concluded between the Owners and X (which was alleged to be the sole Charterer) and not Y (who was merely a counter-signatory) the arbitration agreement in the charterparty did not bind Y and so the Tribunal did not have jurisdiction to render award against them. This argument had been raised during the arbitration but had been wrongly dismissed by the Tribunal.\r\n\r\nY raised further arguments, such as that they had been prevented from presenting their case during the arbitration, had not been properly served with the proceedings, and that the person who had counter-signed the charterparty for Y had not been properly authorised to do so.\r\n\r\nThe Owners responded to the above by arguing that the issue of whether Y  was a party to the charterparty or not was an issue that could only be determined by the applicable law to the contract, which was English Law (pursuant to Article 5(1)(a) of the New York Convention). The tribunal had found that under English law Y was bound by the charterparty and the arbitration clause is contained, and there was no reason to disturb this finding.\r\n\r\nAs regards the alleged procedural defects, the Owners submitted that there was no merit to these allegations as Y had been duly served and had an opportunity to present its case and attend hearings, but on occasion had refused to do so. The issue of whether the person who signed the arbitration agreement is an authorized signatory on behalf of the company or not was unarguable because Y had previously acknowledged its signature on the arbitration agreement as a countersigning party.\r\n\r\n<strong>Dubai Court of Appeal – The Judgment</strong>\r\n\r\nThe Court of Appeal upheld the arguments made by the Owners and ordered that the arbitral award be recognised and enforced. In a short judgment the Court referred to the New York Convention, acknowledging that it applied directly to the enforcement of foreign arbitral awards, and rejected the arguments made by Y.\r\n\r\n<strong>Practice Note</strong>\r\n\r\nThis case is a helpful reminder that the Dubai Courts generally have a pro-enforcement stance in relation to foreign arbitral awards, which is particularly important for the shipping industry since it relies heavily on arbitration.\r\n\r\nThe case also serves as a practical example of how attachment orders can be sought prior to the claim for enforcement being made. Such applications are made without notice to the other side, and can help preserve assets so that once recognised the award can be enforced against the award-debtor’s assets.'),
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	(91723,4984,'content','September 2014\r\n\r\n<hr />\r\n\r\nAs such, it has become necessary to know the requirements to establish an entity which will conduct business in this field, and these requirements may be of interest both for those in Iraq and those outside of Iraq and the marine field. This article will discuss the requirements in connection with enabling an entity to render marine services in Iraq and will take you through the procedures of each stage with the aim of clarifying the entire process. It should be taken into consideration that the requirement at each stage has a bearing on the one ahead.\r\n\r\n<strong>Stage 1 - Companies Registrar Department </strong>\r\n\r\nThe procedure for registering an entity with the Companies Registrar Department will vary depending on the type of the entity to be registered e.g. a local company, an LLC, or a representative office or branch of a foreign company; however, it is unnecessary to go into details of the registration requirements for each of these entities in this article. The points to be taken into consideration when registering an entity for rendering marine services in Iraq are as follows:\r\n<ul>\r\n 	<li>The Executive Manager must be an Iraqi national;</li>\r\n 	<li>The entity’s activity (marine services) must be reflected in the Memorandum of Incorporation; and</li>\r\n 	<li>The entity’s name should explicitly include the business activity of marine services.</li>\r\n</ul>\r\n<strong>Stage 2 - Work Permit</strong>\r\n\r\nIn order to obtain a work permit from the General Company for Port of Iraq / Ministry of Transportation (the “GCPI”), by applying to the Marine Inspection Department, the following is  required:\r\n<ul>\r\n 	<li>The Companies Registrar Department / Ministry of Trade must have legitimately registered the entity (see Stage 1);</li>\r\n 	<li>The Executive Manager of the entity must hold a first class identification card from the Chamber of Commerce;</li>\r\n 	<li>The marine services entity’s office must be located in Basra and either owned by the entity or leased and registered under the name of the Executive Manager;</li>\r\n 	<li>One of the entity’s employees must be a marine expert;</li>\r\n 	<li>The Executive Manager should have at least three years of experience in marine techniques and in the marine management field;</li>\r\n 	<li>The entity must obtain a clearance from the General Commission for Taxes;</li>\r\n 	<li>The Marine Inspection Department must be paid annual fees which amount to one million Iraqi dinars (IQD 1,000,000);</li>\r\n 	<li>The entity must submit an undertaking to the Marine Inspection Department regarding complying with the rules and regulations; and</li>\r\n 	<li>The Marine Inspection Department must inspect the entity’s office (and marine units if applicable).</li>\r\n</ul>\r\n<strong>Stage 3 - Licence for marine services</strong>\r\n\r\nTo apply for a licence for marine services from the Marine Agencies of the State Company for Maritime Transport / Ministry of Transportation, the following steps are required:\r\n<ul>\r\n 	<li>Obtain a work permit from the Marine Inspection Department / GCPI / Ministry of Transportation (see Stage 2 above);</li>\r\n 	<li>Register with the Companies Registrar Department pursuant to the valid companies laws and regulations (see Stage 1 above), this includes submitting the entity’s documents (internal systems, Articles of Association, and the Memorandum of Incorporation);</li>\r\n 	<li>The entity’s name should explicitly include the activity of marine services;</li>\r\n 	<li>The entity’s activity (marine services) must also be reflected in the Memorandum of Incorporation;</li>\r\n 	<li>The Executive Manager should  be an Iraqi national;</li>\r\n 	<li>The Memorandum of Incorporation should state that “the Entity’s regulations do not conflict with Marine Agencies Code Number (56) of (1985) as amended”;</li>\r\n 	<li>Provide tax clearance and a non-objection letter from the General Commission for Taxes addressed to the state company for maritime transport;</li>\r\n 	<li>The Executive Manager, or his deputy, should have a marine degree e.g. Shipmaster, Chief Engineer, Engineer, Naval Officer, and at least 8 years of experience;</li>\r\n 	<li>Provide a guarantee letter of seventy-five million Iraqi dinars (IQD 75m);</li>\r\n</ul>\r\nSubmit an undertaking to the Marine Agencies regarding the following:\r\n<ul>\r\n 	<li>To comply with all rules and regulations issued by the State Company for Maritime Transport and common marine rolls and regulations;</li>\r\n 	<li>To pay on behalf of the shipper all dues and expenses to the Marine Agencies / State Company for Maritime Transport (as stated on the Dues and Duties Tariff of Marine Services);</li>\r\n 	<li>To conduct its business without any conflict with the Marine Agencies Code Number (83) of (2012) and its amendment Code No. (56) of (1985);</li>\r\n 	<li>Not to ship or deal with products harmful to the safety and security of Iraq;</li>\r\n 	<li>To bear the legal consequences for breaching any of the above; and</li>\r\n 	<li>Upon the arrival of any ship to the Iraqi ports, to provide to the Marine Agencies a list of the mariners’ names as issued by the port of departure, combined with a Certificate of Arrival from the Iraqi port.</li>\r\n 	<li>Pay the licence application fee of four million Iraqi Dinars (IQD 4,000,000); and</li>\r\n 	<li>The licence is valid for one year and renewable upon both parties’ approval - the annual renewal fee is one million Iraqi dinars (IQD 1,000,000).</li>\r\n</ul>\r\nIt is to be noted that each stage listed above is to be fully finalised prior to proceeding with the next one (i.e. Stage 1 must be fully satisfied before Stage 2 can be undertaken).'),
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	(91727,4984,'content_description','Marine services have become a very active and vital area in Iraq, and draw fundamental infrastructure for the entire country. '),
	(91728,4984,'_content_description','field_59b641c07f473'),
	(91729,4984,'pageSummary','Marine services have become a very active and vital area in Iraq, and draw fundamental infrastructure for the entire country.'),
	(91730,4984,'_pageSummary','field_59e59b307dec8'),
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	(91736,4984,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(91737,4984,'_yoast_wpseo_metadesc','Marine services have become a very active and vital area in Iraq, and draw fundamental infrastructure for the entire country.'),
	(91738,4985,'content','September 2014\r\n\r\n<hr />\r\n\r\nLawyers can either be engaged on a time spent basis, on a case by case basis, or on retainer for a specific period of time.\r\n\r\nWhen it comes to retainer agreements, these usually include providing clients with general legal advice and legal consultancy regarding issues in a specific jurisdiction for a period of one year. The legal services provided by virtue of said retainer agreements do not usually include translations, litigation and arbitration cases, transactional work or special projects.\r\n\r\nAdditionally, it is important to note that in some jurisdiction, as is the case in Jordan, local laws and regulations oblige companies with a certain set capital to retain lawyers on an annual basis.\r\n\r\n<strong>Amendment Law</strong>\r\n\r\nThe Jordan Bar Association has recently amended its law no. 11 of 1972, thereby reducing the minimum capital for companies in relation to retaining lawyers. Accordingly and pursuant to the amending law no. 25 of 2014, the following companies are now under an obligation to retain a lawyer:\r\n<ol>\r\n 	<li>Public Shareholding companies regardless of the capital.</li>\r\n 	<li>Private Shareholding Companies noting that pursuant to the previous law, private shareholding companies with a minimum capital of 150,000JOD (Jordanian Dinar. At the time of writing this article, 1JOD = US$1.41) were obliged to retain a lawyer.</li>\r\n 	<li>Limited Liability Companies with a capital not less than 20,000JOD are now obliged to retain a lawyer noting that pursuant to the previous law; only Limited Liability Companies with a minimum capital of 150,000JOD were obliged to retain a lawyer.</li>\r\n 	<li>Foreign companies, branches, regional and representation offices, companies registered in the Development zones, free zones, Aqaba Special Economic Zone (ASEZ), Petra Development and Tourism Authority, exempt and nonprofit companies are now all obliged to retain a lawyer regardless of their capital.</li>\r\n 	<li>Any other companies with a minimum capital of 50,000JOD.</li>\r\n</ol>\r\nFurther, the abovementioned amendment to the law continues to provide that the fine imposed on a company for failing to retain a lawyer is now increased to 5JOD per day which shall be effective 3 months from the date the law is published in the official gazette.\r\n\r\n<strong>Comment</strong>\r\n\r\nEven though this amendment to the law aims to generate more business for the legal community, it is likely to cause difficulties to lawyers, due to the fact that there is a limit of five companies that can be registered under the name of each lawyer. Accordingly, this will trigger a minimum fees which all lawyers will apply for this purpose.'),
	(91739,4985,'_content','field_59b649b5c8b2b'),
	(91740,4985,'lawUpdateArticleMonth','4975'),
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	(91742,4985,'content_description','The relationship between clients and lawyers can take one of many forms.'),
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	(91744,4985,'pageSummary','The relationship between clients and lawyers can take one of many forms.'),
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	(91747,4985,'_currentURL','field_59d35123ab1e7'),
	(91748,4985,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Ala Hadidi'),
	(91749,4985,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(91750,4985,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','a.hadidi@tamimi.com'),
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	(91752,4985,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(91756,4985,'_yoast_wpseo_metadesc','The relationship between clients and lawyers can take one of many forms.'),
	(91757,4986,'content','September 2014\r\n\r\n<hr />\r\n\r\nSuch clauses are generally premised on the concern that upon termination of the agreement or an employment relationship, the covenanted party may walk away with company secrets, or work for a competitor, or start a business with a competitive edge gained from the terminated agreement or relationship.  However, too broad a non-compete clause or CNC may prohibit a covenanted party from legitimately practising his trade or making a living.  Therefore, in order to protect the parties, a non-compete clause or CNC may contain reasonable limitations as to the geographical area and time period in which the covenanted party may not compete.  However, under Kuwait law, any non-compete clause or CNC is viewed as a constraint on a person’s right to work or practise their trade and as such is unenforceable both under the law and as a matter of public policy.  Such clauses are governed by Law No. 10 for the Year 2007 (the “Competition Law”), which came into effect on 9 August 2009.  Generally, the aim of the Competition Law is to protect economic activity from harmful practices that result in unfair competition.  Under Article 4 of the Competition Law, the following activities are considered to be harmful to competition and therefore prohibited:\r\n<ul>\r\n 	<li>Manipulating or fixing prices through fictitious transactions contrary to market principles and in a way that harms competitors;</li>\r\n 	<li>Totally or partially restricting the flow of goods into and out of the market without justification by concealing them or refraining from dealing in the same;</li>\r\n 	<li>Flooding the market with goods leading to an unreasonable price that harms competitors;</li>\r\n 	<li>Preventing or hindering a competitor from conducting business in the market;</li>\r\n 	<li>Totally or partially concealing available goods in the market from a competitor in accordance with the implementing regulations;</li>\r\n 	<li>Selling goods for less than their actual cost with the intention of harming competitors;</li>\r\n 	<li>Providing conditions in a tender that name a particular trademark or type of commodity to be purchased;</li>\r\n 	<li>Totally or partially ceasing the manufacture, development, distribution, or marketing operations or placing restrictions on the goods’ availability in accordance with the implementing regulations;</li>\r\n 	<li>Dividing the market by categorising them according to geographical location, distribution centre, type of customer or commodity or season or time period, with the intent of harming competitors;</li>\r\n 	<li>Suspending the signing of a contract or agreement on a condition unrelated to the original place of dealing or agreement; and</li>\r\n 	<li>Destroying equal opportunities between competitors by distinguishing some over others in the conditions of the sale or purchase agreements without due reason, or by leaking information for the benefit of one competitor and not from others.</li>\r\n</ul>\r\n<strong>Applicability of the Law</strong>\r\n\r\nArticle 4 of the Competition Law provides that “Preventing or hindering a competitor from conducting business in the market” is a violation of the Competition Law.  As such, a strict reading of this article infers that any non-compete clause or CNC will be invalid.\r\n\r\nAs a general matter, Article 3 of the Competition Law not only applies to unfair competition violations that take place inside Kuwait, but also those that are committed abroad and harm fair competition in Kuwait.\r\n\r\nThe Competition Law does not cover all areas of economic activity.  The following areas of economic activity are exempted from the scope of the law:\r\n<ul>\r\n 	<li>Government-owned projects</li>\r\n 	<li>Projects required by a particular law</li>\r\n 	<li>Cooperation between companies aimed at facilitating market activity</li>\r\n 	<li>Research and development</li>\r\n</ul>\r\n<strong>Authority for Competition </strong>\r\n\r\nThe Competition Law also establishes an authoritative body, the Authority for the Protection of Competition (the “Authority”), which is tasked with engaging in a review of competitive activities and approving or denying the same. More specifically, the powers of the Authority include the following:\r\n<ul>\r\n 	<li>Endorsement of policies and necessary procedures to protect and support competition;</li>\r\n 	<li>Receipt of competition notifications, applications, and complaints;</li>\r\n 	<li>Investigations into agreements, contracts and practices;</li>\r\n 	<li>Compiling market data, with the cooperation of relevant authorities;</li>\r\n 	<li>Requiring disclosure by concerned persons; and</li>\r\n 	<li>Ruling on notified agreements, contracts, practices, mergers, combinations of management, unions, and acquisitions of assets.</li>\r\n</ul>\r\nFurthermore, any person may inform the Authority of unfair practices.\r\n\r\n<strong>Mergers and Acquisitions</strong>\r\n\r\nUnder the Competition Law, mergers and acquisitions, which lead to an increase in the direct or indirect control of a particular market and that control represents more than 35% of the relevant market, are subject to the review of the Authority.\r\n\r\nIf the 35% threshold is met, the process for review is as follows:\r\n<ul>\r\n 	<li>A detailed application must be submitted to the Authority at least 60 days before the increased control over the market is to begin;</li>\r\n 	<li>The Authority will publish a notice of the proposed transaction in Kuwait’s Official Gazette and four daily Arabic newspapers;</li>\r\n 	<li>Concerned parties will have the opportunity to object to the transaction within 15 days of the publishing of the notice;</li>\r\n 	<li>The Authority will either approve or reject the transaction and will notify the applicant of its decision;</li>\r\n 	<li>Denied applicants have a period of 60 days in which to appeal the Authority’s decision.</li>\r\n</ul>\r\n<strong>Penalties </strong>\r\n\r\nPenalties for violating the Competition Law are set out at Articles 19 to 22 of the Competition Law.   Violators of the Competition Law may be fined KD 100,000 or the amount of the illegally acquired gain, whichever is greater. If the offence is repeated, the fine is doubled. Goods involved in the activity may also be confiscated.  Furthermore, the violating activity may also be restricted for a maximum period of three years.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nCompetition is a key feature of a free market and promotes innovation and growth.  The Competition Law expands upon previous Kuwaiti regulations on illegal competition violations and monopoly and further protects economic activity in Kuwait from the harmful effects of unfair competition.'),
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	(91761,4986,'content_description','“Non-compete” clauses or “Covenants Not to Compete” (“CNC”) are a contractual term wherein one party is prohibited from entering into a similar trade or profession against the other party for a certain period of time.  '),
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	(91763,4986,'pageSummary','“Non-compete” clauses or “Covenants Not to Compete” (“CNC”) are a contractual term wherein one party is prohibited from entering into a similar trade or profession against the other party for a certain period of time.'),
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	(91771,4986,'_yoast_wpseo_metadesc','“Non-compete” clauses or “Covenants Not to Compete” (“CNC”) are a contractual term wherein one party is prohibited from entering into a similar trade or profession against the other party for a certain period of time.'),
	(91772,4987,'content','September 2014\r\n\r\n<hr />\r\n\r\n<strong>Identifying Where the Problem Is and How to Fix It </strong>\r\n\r\nIt is often argued that arbitration has always existed in the Middle East, having been practiced in pre-Islamic times and recognized under the Sharia Law. Yet it is questionable whether, despite this heritage, the Middle East is a leader in the field of arbitration, and in particular, whether it is a leader in the enforcement of foreign arbitration awards.\r\n\r\nThe purpose of this article is to explore the challenges of enforcing a foreign award in the Middle East and how these challenges may be overcome. This is a subject which has been discussed and debated for decades and, though some progress has been made, the Middle East still has a long way to go to improve its standing in the world of arbitration, especially in respect of the enforcement of foreign awards.\r\n\r\nThe Middle East does not lack talent, resources or growth. Most of the agreements drawn up in the Middle East (especially the Gulf region, Egypt and Lebanon) provide for arbitration in a variety of commercial transactions (even those local in nature). The Middle East has for years been referring cases to leading arbitration institutions within and outside of its regional borders, such as the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Dubai International Arbitration Centre (DIAC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA).\r\n\r\nWith the exception of Iraq, Libya, Sudan and Yemen, all Arab countries have acceded to the New York Convention. Nonetheless Middle Eastern countries still conjure up a number of odd judgments whereby enforcement of a foreign award is refused on incredulous grounds. These reasons appear to have no local basis either and are in complete violation of the New York Convention.\r\n\r\nThere are at least four possible reasons for this:Lack of political will to enforce foreign awards or apply the New York Convention fully.\r\n<ol>\r\n 	<li>Lack of legislative platforms to support arbitration and the enforcement of foreign awards.</li>\r\n 	<li>The judicial system’s inexperience and lack of understanding of international arbitration.</li>\r\n 	<li>Arbitrators’ general lack of understanding of local laws and culture when delivering an international award which is likely to be enforced in a Middle Eastern country.</li>\r\n</ol>\r\nNone of the above reasons are justifications for refusing to enforce an award under the New York Convention. They are instances where the State has failed to fulfill its international obligations and the end result is that the country loses its international reputation, its status and any claim it might have had to be an arbitration-friendly jurisdiction.\r\n\r\n<strong>Political Will</strong>\r\n\r\nA country’s political will is an important constituent for the recognition and enforcement of arbitration awards, especially international awards. It also serves to develop arbitration and adds to the progress of the country’s judicial system, legislation, training and education.\r\n\r\nThough important, it is not enough to publically acknowledge that arbitration is deeply rooted in Islam. Resources must be invested and efforts made to develop arbitration properly, to absorb arbitration into the country’s culture and establish a platform such that the country will be recognized as an arbitration-friendly State.\r\n\r\nOf course it is understood that the State’s judicial system must be fully independent from the political system. However the political will to develop and invest in arbitration has a huge influence on the attitude of a country’s judicial system. The recognition of arbitration goes beyond the judicial system to deal with a number of essential elements that create an arbitration-friendly environment. It is wise to look around and see which countries are following this today and thereby ascertain whether the political will in these countries has paid off. It is not a coincidence that Paris and London are leading venues for arbitration and that the ICC and LCIA are leading international arbitration centers. Singapore and Brazil are investing tremendous efforts into the development of their countries as arbitration-friendly States which recognize the need for arbitration, attract users to their arbitration centers and welcome international arbitrators to associate themselves with their countries. Bahrain has likewise taken great strides to develop arbitration on a judicial and autonomous level at its arbitration center, the Bahrain Chamber for Dispute Resolution (BCDR-AAA).\r\n\r\nIt is no secret in the world of international arbitration that a government can do a lot for the recognition and development of arbitration. It is as simple as investing in proper arbitration centers, formulating drives and initiatives for legislators to come up with world-class arbitration laws, encouraging the proper running of arbitration centers, promoting independence, providing the support needed, working with the judicial authority to train judges specialized in arbitration and finally introducing arbitration at all levels of training institutes and law schools. Governments should further encourage and welcome the use of arbitration and the country as a venue for international arbitration. While these principles are well recognized, simple to learn and easy to implement, few Middle Eastern countries have taken the move to give arbitration the political backup that is much needed. The idea is there, but what is lacking is the fuel, drive and a leader to implement the process.\r\n\r\n<strong>Legislation</strong>\r\n\r\nMost Arab countries (with the exception of Iraq, Libya, Sudan and Yemen) have adopted the New York Convention into their national laws, and as an international treaty the Convention takes precedence over whatever previous national laws existed regarding the enforcement of foreign awards. Many Arab countries have also adopted specific laws dealing with arbitration which are modeled on the UNCITRAL Model Law on International Commercial Arbitration (‘Model Law’) with some modifications. Such modifications vary from one Arab State to another. Some Arab countries (including Iraq, Kuwait, Qatar and the United Arab Emirates) have a section within their civil procedural law which deals with arbitration, but which is not compliant with the Model Law, though it covers many of the same issues.\r\n\r\nThe most recent arbitration law is that of Saudi Arabia, which was passed in 2012. It is yet to be seen if Saudi’s judicial system will enforce foreign arbitration awards, especially those which apply foreign laws or involve aspects relating to Sharia Law.\r\n\r\nNew challenges have arisen in Egypt due to the adoption of a Ministerial Decree which created serious doubt regarding the Arbitration Law enacted in 1994. In 2008 Egypt’s Ministry of Justice introduced Ministerial decree 8310/2008, making the process of enforcing arbitration awards cumbersome in terms of substance and (more importantly) internal procedure. The regulations make the initial deposit of an award for enforcement subject to approval of the Ministry of Justice, which approval shall be withheld in cases dealing with title to real property or where the award contradicts public policy or concerns family/personal status amongst other things.\r\n\r\nThis is a clear instance of where an Arab State adopted the New York Convention, but then stymied its effect by issuing a local law that makes it difficult to enforce a foreign arbitration award. It can sometimes be construed as a total contradiction of the country’s obligations under the New York Convention. A common issue is where the country requires the foreign award to have been ratified in the State in which it was rendered (a requirement done away with under the Convention), or where the enforcement process is so lengthy and riddled with appeals and challenges that it takes many years and great expense to enforce.\r\n\r\nIn addition, Qatar recently decided to annul a local and foreign arbitration award on the grounds that the award was not delivered in the name of His Highness, the Emir of Qatar. In this incident, Qatar applied its local law to a foreign award, essentially requiring a private arbitration undertaken in a foreign country to comply with domestic Qatari procedural law.\r\n\r\nThe UAE’s judicial system has also applied local law to foreign arbitration awards. Last year the UAE Court of Cassation declined to enforce a foreign award on the grounds that there were no apparent assets of the defendant in the jurisdiction. The court applied local law used in litigation cases, by which an attachment against an asset or an enforcement of judgment against an asset can only be executed if the defendant is a domicile of UAE; it is not enough to show assets are available in the UAE without the defendant also being domiciled in the UAE. This is entirely contrary to the Convention, as well as the UAE’s Arbitration Law (Articles 235–238 of the UAE Procedural Law).\r\n\r\nThe lack of a proper dedicated arbitration law (based on the UNCITRAL Model Law) could be the factor for those States that seem to be unfriendly to foreign arbitration awards or unpredictable when it comes to enforcing them. Lack of well-developed laws and practices creates a huge vacuum, provides no assistance to the judicial system and definitely establishes uncertainty on the enforcement of foreign arbitration awards, even with the New York Convention having been adopted.\r\n\r\nIt is evident that certain countries face fewer problems after adopting a proper arbitration law, even more so if the law is based on the UNCITRAL Model Law. Having said this, even those countries that have adopted the UNCITRAL Model Law are still working to improve their attitudes towards arbitration and lengthy legal processes which continue to impact upon the enforceability of foreign awards.\r\n\r\n<strong>Judicial Authority</strong>\r\n\r\nThe judicial system is the most important factor for the success of arbitration in a society, as it is the gateway for arbitration to enter any State and to flourish. Although arbitration predates the establishment of the judicial system, it is now settled side-by-side with the judicial system to help parties resolve disputes, assist with attracting foreign investments, local investments and the private sector.\r\n\r\nArbitration provides an excellent recourse to justice by settling the parties’ disputes and giving them a choice of venues, institutions and arbitrators, in addition to more powerful rights to enforce awards in foreign jurisdictions courtesy of the Convention. It is not enough to have an independent judicial system or a judicial system that is friendly towards arbitration. That will certainly help, but it is also important for the judicial system to be operating efficiently.\r\n\r\nIn a survey which I carried out as part of my preparation for this article, participants from each of the jurisdictions involved in the survey were asked to identify the most fundamental challenge for the enforcement of foreign arbitration awards within their jurisdictions. Almost all of the Middle Eastern States agreed that the biggest challenge remains the judicial process and its misuse by parties even where the State has adopted the New York Convention and UNCITRAL Model Law. The judicial authority and its treatment of arbitration is an extremely important factor impacting the progress of arbitration in general and the enforcement of foreign awards in particular. The judicial authority has a strong and key role to play in the development of arbitration and the successful emergence of a State as a leader in arbitration whether in terms of knowledge and expertise or venue.\r\n\r\nEducation systems and curricula are very similar throughout the universities in the Middle East from North Africa to Yemen, with text books and learning programs being almost identical. The training processes for the judiciaries are also identical, with certain recent exceptions in some of the GCC countries in and Egypt, Lebanon and Tunisia, which have revised their trainings or partnered with an international institute.\r\n\r\nMost of the judges in the Middle East tend to gradually develop their judicial skills through a very similar path of progression. They become judges either through the prosecutor process or the judicial-training process. None of the lawyers in the private sector have the opportunity to become judges in the Middle East. The judicial system therefore is the main source of experience and work tends to be government-related practice or academic with very little exposure to the private sector. Those judges who have raised the bar in the Middle East tend to have done so on account of personal interest and private initiative taken by themselves to progress and exchange knowledge with others locally or internationally. The system itself, however, does not provide a judge with the opportunity to get exposed to different types of cases through a number of years of experience.\r\n\r\nIf there is to be an adjustment within Middle Eastern countries in respect of arbitration in general or the interpretation of the relevant New York Convention articles relating to enforceability of foreign arbitration awards, the adjustment must come either by developing the education standard at the university level or by overhauling the training of judges. It is time to make substantial changes to the way in which the system currently operates in order to improve the judicial system’s approach to arbitration and, more importantly, the process by which disputes move through the judicial system.\r\n\r\nThese changes are needed across the Middle East at all levels of the judicial system, from court clerks to judges, and whether relating to an application to nullify an arbitration award or to enforce an arbitration award pursuant to a country’s obligations under the New York Convention. The clash between applying the local law or the New York Convention to foreign arbitration awards is not only unacceptable, it also damages the private sector and foreign investment in that country.\r\n\r\nAny argument that the judicial authority is trying to protect public order or policy of that country is a mere sham. History has proven, and we continue to see, that countries which are very protective of their jurisdictions and prove to be unfriendly to arbitration always lose more than they gain in protecting ‘public order’. Parties have the choice of venue, and they choose those States which are arbitration friendly. A country’s negative attitude towards arbitration also does not benefit the local legal community, as young arbitrators in the country will be prevented from emerging and developing in the arbitration community.\r\n\r\n<strong>Lack of Support from International Arbitrators</strong>\r\n\r\nIt is a fact that legislators, judicial authorities and inadequate training are reasons for the lack of progress in arbitration in the Middle East, particularly with the challenges that international awards face when it comes to enforcement.\r\n\r\nNonetheless some responsibility falls on the shoulders of leading international arbitrators for failing to make significant contributions to the progress of arbitration in the Middle East, with the exception of a few international arbitrators who do contribute. Such a responsibility is two-fold: (1) contributing to the progress of arbitration; and (2) helping to enhance understanding of enforcement of international awards in the region.\r\n\r\nThe first one, which I believe is most important, has to do with the fact that most international arbitrators’ contact and engagement with the Middle East has generally been self-centered, with only a few exceptions. Such engagements are usually initiated for marketing and business-development purposes to generate work and to secure nominations by local centers and businesses in the region, when in fact responsibility to the community and region goes far beyond this.\r\n\r\nInternational arbitrators have been reluctant to candidly criticize the system in the Middle East, and have rarely engaged in lobbying or public-relations campaigns, nor have they volunteered to work on any review of or commentary on laws enacted in the region (unless they are paid in full). Very rarely do arbitrators or leading international arbitration firms engage young Middle Eastern trainees, lawyers or arbitrators to undergo training in their law firms. If it does happen, it is usually an exception to the rule and is done for the benefit of the practice rather than to contribute to the Middle Eastern arbitration community as a whole.\r\n\r\nThis is surprising considering the startup, growth and development of numerous international law firms in the Middle East. By way of example, in Dubai itself just a handful of local trainees, lawyers or arbitrators are hired by the arbitration departments of international firms, let alone by the firms in their entirety.\r\n\r\nThough international arbitrators can properly diagnose the problems of foreign arbitration awards in the Middle East, even if it slightly varies from country to country, they are reluctant to contribute to a solution. No constructive investment of time, money or travel has been made to resolve such issues even though these arbitrators are actively involved in Middle Eastern arbitrations and frequently sit on arbitration panels in the region. International law firms have similar responsibilities but do not onboard this investment and in fact allow these issues to drag on, even though they understand that contribution can be as little as a simple training or some active lobbying.\r\n\r\nThe second responsibility is that international arbitrators need to be sensitive to, or rather culturally savvy about, Middle Eastern issues. Trivial though these issues may seem to be, they have to be recognized and considered when sitting as arbitrators locally or internationally.\r\n\r\nThis is the responsibility of the tribunal as well as the counsel who appear before the tribunal.\r\n\r\nInternational arbitrators who arbitrate cases in a European region can focus on the European standards or style. However, when it comes to serving as arbitrator in cases relevant to the Middle East, these arbitrators need to be aware of local issues while hearing cases or drafting final awards to ensure that the awards will be enforceable. It is internationally recognized that arbitrators are responsible for ensuring their arbitration awards are enforceable and that they should not limit their work to hearing cases and rendering awards.\r\n\r\nThis responsibility should be elevated and the bar should be moved up to a higher tier to ensure that international arbitrators meet such challenges. Refraining from acting arrogantly and instead carrying out the necessary due diligence about the region must be included in the basic responsibilities of an individual when he/she sits in as an arbitrator in the Middle Eastern region or conducts a case.\r\n\r\nMost local requirements are generally simple and trivial, and they deal with procedural issues that need to be handled during the hearing or when rendering the award. Some examples are as follows:\r\n<ul>\r\n 	<li>Checking a power of attorney and the power granted to the party</li>\r\n 	<li>Agreements on extension of time</li>\r\n 	<li>Giving the parties the right to represent themselves and ensuring that there is no violation of due process in the arbitration</li>\r\n 	<li>Having a witness swear an oath before questioning and documenting the same in the process</li>\r\n 	<li>Asking the parties whether they wish to grant the arbitrators the power to award advocacy fees (by agreement of the parties) or any similar agreements between the parties on changes or issues that need to be addressed during the process or at the time of the award. These should be documented in the minutes of the meeting or in the terms of reference.</li>\r\n</ul>\r\nI am not suggesting that arbitrators follow the judicial process and become so technical that the arbitration process becomes bureaucratic, slow and similar to a court proceeding. What I am suggesting is that international arbitrators who are highly qualified need to recognize and understand the jurisdiction which they are in and its defects, and do not therefore operate in isolation of such facts while conducting the arbitration, as if those facts have no relevance to the jurisdiction.\r\n\r\nWorking without acquainting themselves with the region is a big flaw in the process of international arbitration which contributes to the frequency of challenges to international arbitration awards. International arbitration and arbitrators should accept the responsibility of overcoming these challenges, which can be accomplished most of the time through simple processes (such as recording some of those issues in the minutes of the hearing) or by requesting the parties to consent to certain agreements which can be obtained easily.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nIf the Middle East is interested in becoming a leader in international arbitration, or in being a valued part of the international arbitration community, it must recognize that it has a number of problems that prevent it from emerging as an arbitration-friendly jurisdiction.\r\n\r\nFor the Middle East to assume leadership in international arbitration, it must start with the political will to recognize the importance of arbitration, accompanied by specific actions to reform judicial and educational institutions within five years.\r\n\r\nIntroducing new updated legislation, reforming existing laws, training arbitrators and the judiciary, establishing and supporting (both financially and with manpower) fully independent arbitration centers, encouraging the development of local and international arbitration communities – these are all important and necessary steps that need to be taken. Moreover, resolving the issues affecting the enforcement of arbitration awards will not only develop arbitration within the region but will lead to local practitioners being recognized as major players in the field.\r\n\r\nThese steps cannot be completed overnight, but they can be done with the political will and a solid five-year plan. The reforms also need support and contributions from the international community, whether on a legislative or training level, so as to achieve best practice.\r\n\r\n<em>First published by: ‘Enforcement of Foreign Arbitration Awards in the Middle East’. BCDR International Arbitration Review 1, no. 1 (2014)</em>'),
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	(91790,4988,'content','September 2014\r\n\r\n<hr />\r\n\r\nThe Report analyses the domestic financial &amp; economic performance over the last financial year.   Furthermore, it proposes revisions to the existing prudential framework in line with the international developments and guidelines issued by the Basel Committee on Banking Supervision (the “Basel Committee”) in 2010 (as revised) (the “Basel III Guidelines”).\r\n\r\nThis article considers the potential impact of the Report (and by extension the Basel III guidelines) upon banks in the UAE.\r\n\r\nImportantly, the Report provides that:\r\n<ol>\r\n 	<li>the new capital regime will be aligned with the Basel III Guidelines on capital adequacy and will include requirements for enhanced capital in terms of quality and quantity and the application of a new leverage ratio;</li>\r\n 	<li>the definition of capital will change with more emphasis on paid-up capital, retained earnings and disclosed reserves; and</li>\r\n 	<li>the UAE Central Bank is currently in the process of finalising new liquidity regulations for banks operating in the UAE which emphasise on the need for each bank to have a proper liquidity risk management framework in place to minimise the likelihood of liquidity stress and also minimise the impact on the bank should a stress occur.</li>\r\n</ol>\r\nThe capital and liquidity rules constitute just one of the three “pillars” (i.e. Pillar 1) of the Basel framework.  We consider the proposed changes in further detail below.\r\n\r\n<strong>New Capital Regime</strong>\r\n\r\nChanges in Capital\r\n\r\nThe Basel III Guidelines maintains the amount of minimum capital required at 8% of risk weighted assets. However, Basel III makes two significant changes (in addition to the changes in the assessment of trading risk). First, it has changed what constitutes ‘capital’ and, second it has introduced new capital buffers to supplement the minimum capital requirements.\r\n\r\nCapital requirements under Basel III Guidelines are based on a hierarchy of capital instruments and in descending order the hierarchy is: (a) Core Tier 1 (which can absorb losses on a going concern basis), (b) Additional Tier 1; and (c) Tier 2 capital (which can absorb losses on a gone concern basis i.e. ensure that the depositors and senior creditors are repaid if an institution fails).\r\n\r\nThe total amount of Tier 1 capital now required under Basel III Guidelines is 6% out of which Core Tier 1 is required to be 4.5% (against the Basel II requirement of 2%). The Core Tier 1 can consist of ordinary share capital and retained earnings. The Additional 1.5% Tier 1 capital may consist of ordinary shares / retained earnings (if the bank so chooses), but other instruments are permitted to make up the difference. The criteria for inclusion in Core Tier 1, Additional Tier 1 and Tier II are detailed in the Basel III Guidelines. At present the minimum capital requirement in the UAE is 12% and Tier 2 capital under the UAE Central Bank rules can only be a maximum of 67% of Tier 1 capital. Considering that many of the UAE local banks already have high level of capital adequacy, the Basel III changes may not substantially impact the requirements of capital profile of the local banks.\r\n\r\n<strong>New Leverage Ratio</strong>\r\n\r\nBasel III introduces a non-risk weighted capital test as a supplementary to the risk based regulatory capital requirements and proposes a backstop non-risk weighted leverage ratio of 3%. This means a bank must hold equity equivalent to 3% of the value of the bank’s assets (not risk weighted assets and including both on and off-balance sheet assets)). According to the Basel Committee, the leverage ratio is intended to constrain excess leverage in the banking system and provide an extra layer of protection against model risk and measurement error. Under the present Basel III Guidelines the leverage ratio would become a part of the capital rules under Pillar 1 in January 2018.\r\n\r\n<strong>Introduction of capital buffers</strong>\r\n\r\nA capital buffer is a capital requirement that sits on top of the minimum capital requirements. Breach of the minimum capital rules means the bank’s licence to operate is in jeopardy – unless the required minimum is restored very quickly. Non-compliance with a buffer means that the bank may be restricted in the distributions it may make (whether to shareholders or to employees by way of bonuses) until earnings retained by the bank (or fresh capital) have restored the buffer.\r\n\r\nThe Basel III Guidelines has introduced two buffers: (a) 2.5% Core Tier 1 Capital Conservation Buffer (CCB); and (b) Counter-Cyclical Capital Buffer (CCCB) which operates only when a (national) regulator decides to impose it and it may be set at any level up to 2.5% Core Tier 1. CCB is designed to ensure that banks build up capital buffers outside periods of stress which can be drawn down as losses are incurred whereas CCCB can be construed as a macro-prudential tool, which is designed to constrain lending by banks during an economic up-turn and to be left with (national) regulators to impose in economic up-swings.\r\n\r\nFurther the Basel III Guidelines also proposes a Globally Systemically Important Bank (G-SIB) capital surcharge and requires additional Core Tier 1 capital between 1% to 3.5% for such G-SIBs. The criteria to determine a G-SIB includes the size, interconnectedness, complexity, scale of cross-border operations and the non-substitutability of the services provided by a bank.\r\n\r\n<strong>New Liquidity Regime</strong>\r\n\r\nUntil the Basel III Guidelines, liquidity standards were a matter for national regulators. The Basel III Guidelines now proposes two liquidity constraints on a bank’s portfolio: (a) the Liquidity Coverage Ratio (LCR); and (b) the Net Stable Funding Ratio (NSFR). The former is designed to promote banks’ short-term resilience to liquidity shocks, whilst the latter is designed to address liquidity mismatches and aims to give banks an incentive to fund themselves on an on-going basis with more stable sources of funding. The UAE Central Bank has under the Report at Chapter 6 provided a brief overview of certain macro-prudential tools including the LCR and NSFR. It is not expected that this will affect any domestic UAE banks.\r\n\r\nThe LCR requires banks to hold a stock of high quality liquid assets (HQLA) (i.e. cash or assets which can be converted into cash in private markets with little loss of value even in a period of stress) which is at least equivalent to the likely net cash outflows from the bank over 30 days in a stressed scenario. The Basel III Guidelines also details the requirements for HQLA and further recognises that national supervisors in jurisdictions in which Shari’ah compliant banks operate have the discretion to define Shari’ah compliant financial products (such as Sukuk) as alternative HQLA applicable to such banks only, subject to such conditions that the supervisors may require. The need for alternative HQLA for Shari’ah compliant banks is recognised by the Basel Committee as it may be difficult for such banks to meet the LCR requirement considering the prohibition on holding certain types of assets, such as interest-bearing debt securities. Under the Basel III Guidelines, the LCR is planned to be introduced on 1 January 2015 with a minimum requirement of 60% and will rise in equal annual steps of 10% to reach 100% on 1 January 2019.\r\n\r\nThe NSFR has not yet been definitively adopted, but its objective is to discourage banks from relying heavily on short-term funding from the wholesale markets. This ratio focuses on the notion of ‘stable funding’ and requires banks to have available stable funding at least equivalent to its required stable funding over a one-year time period. Under the Basel III Guidelines, the NSFR is only to be introduced in 2018.\r\n\r\n<strong>Conclusions</strong>\r\n\r\nThe Central Bank proposals to implement Basel III Guidelines capital and liquidity regime may bring significant changes in the capital and liquidity requirements of banks in the UAE. The timeframe for complete implementation of the new capital regime under the Basel III Guidelines is 2019 and the Central Bank intends to begin the engagement process with banks towards implementing the new capital regime, including consultation on new regulations, in the second half of 2014. The Central Bank has also mentioned in the Report that timescales for implementation of the liquidity standards will be in line with those set up by Basel III Guidelines and the Central Bank expects to issue liquidity regulations in the second half of 2014. Whilst many other jurisdictions have already started adopting the Basel III Guidelines, the publication of the Report represents an important step by the Central Bank in this direction.'),
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	(91816,4988,'_yoast_wpseo_metadesc','The UAE Central Bank has recently released the Financial Stability Report, 2013 (the “Report”).'),
	(91817,4989,'content','September 2014\r\n\r\n<hr />\r\n\r\nOn 4 August 2014, the Dubai Real Estate Institute (“DREI”) organised an awareness session on the recently introduced Mandatory Property Contracts i.e. Form A (Agreement between Seller and his Agent); Form B (Agreement between Buyer and his Agent); and Form F (Agreement between Buyer and Seller) which was conducted by Dr George Maurice, lecturer at DREI. The purpose of the session was to educate its audience regarding the use of the standard forms which is required for all sale and purchase transactions irrespective of the type of property or its state of completion.\r\n\r\nAs mentioned in our previous article, the present standard form contracts appear to be a work in progress and there is need for further enhancement in their content. Following DREI’s seminar earlier this month, this article will attempt to shed light on some of the frequently asked questions to provide clarity on the matter.\r\n\r\n<strong>Q1. What is the current status of the mandatory property forms? Will the forms be amended in the future?</strong>\r\n\r\nDREI has stated that the Forms A, B and F were launched as part of Phase 1 roll out by DLD. DREI is working closely with the DLD to improve the forms based on the feedback received from the public and revised forms are expected to be uploaded in the next couple of weeks. Thereafter, Phase 2 will introduce two more forms, namely an agreement between the buyer’s agent and seller’s agent and a termination agreement.\r\n\r\nThe present Form F does not provide for termination provisions should the property transaction fall through. The new termination form is expected to bridge such gap.\r\n\r\nThe proposed agreement between the two parties’ agents would provide comfort to the agents as DLD proposes that such agreement be registered prior to completion of the transfer thereby ensuring that the Buyer and Seller do not circumvent the agents and thus avoid payment of the broker fees by completing the transaction between themselves.\r\n\r\n<strong>Q2. Who bears the responsibility of filling out Form F in a property purchase transaction?</strong>\r\n\r\nDREI has stated that it is the Seller’s broker who is responsible for completing Form F and circulating it to the Buyer through his broker for signature.\r\n\r\n<strong>Q3. Who can access the forms on the E-mart website?</strong>\r\n\r\nThe forms are currently available for general access on the E-mart website (http://www.emart.gov.ae/Home.aspx?en). However DREI has indicated that in the future the forms will have restricted access available only to brokers. DLD is expected to provide the brokers with a dedicated access to the mandatory forms by aid of a username and password.\r\n\r\n<strong>Q4. Does Form F replace a SPA between the Buyer and Seller in a property transaction? Can the standard terms and conditions stated in the Form F be amended?</strong>\r\n\r\nForm F contains the standard terms and conditions and it is possible for the Buyer and Seller to complete a property transfer by use of the form only. However should the parties wish to add more terms and conditions or amend any of the standard conditions in Form F, an addendum can be prepared and attached to Form F.\r\n\r\n<strong>Q5. Can any of the terms and conditions in Form F be deleted entirely?</strong>\r\n\r\nAs mentioned in Q4 above, the standard terms are capable of being amended but cannot be deleted. Amendments to a standard term can be made by a reference in an addendum attached to Form F.\r\n\r\n<strong>Q6. In a scenario where there is no broker in the property transaction, which form will need to be submitted to DLD to effect such transaction? </strong>\r\n\r\nThe parties would need to present a complete Form F to effect the property transfer. However it is not clear at this stage how the parties would gain access to the Form F in the absence of the broker, should DLD implement limited access as mentioned in Q3 above.\r\n\r\n<strong>Q7. Can these forms be filled in by hand or online?</strong>\r\n\r\nThe forms can be generated by filling in the requisite information on the E-mart website and the forms can then be printed off for the purposes of billing in the information gaps in the standard terms and conditions and for signing.\r\n\r\n<strong>Q8. It is common for the Buyer to enter into an escrow agreement with the broker for the purposes of holding the down payment amount in escrow pending completion of the property transfer. How should the parties submit such escrow agreement details?</strong>\r\n\r\nDREI has stated that the escrow agreement would need to be attached as an addendum to either Form A or Form B as applicable.\r\n\r\n<strong>Q9. The present Form F caters only to an individual buyer or seller and not to corporate entities. Will DLD rectify the form in this regard?</strong>\r\n\r\nDLD is aware of this issue and is expected to sort it out soon. The updated form would cater to both individuals as well as corporate entities.\r\n\r\n<strong>Q10. Are there any new initiatives in the pipeline on this matter?</strong>\r\n\r\nIn addition to the launch of two new forms as mentioned above, DLD is expected to authorise brokers to offer escrow account services to their clients to add transparency as well as comfort to the parties in a property transaction.\r\n\r\nArticle 21 of By-Law No. 85 of 2006 regarding the regulation of the real estate brokers’ register in Dubai has always provided that the broker would hold any monetary amounts, securities or debentures handed over by the party, in compliance with trust rules. DLD’s new proposed initiative would not only implement the existing Article 21 but also enable the Buyer or Seller to enter into an escrow arrangement with the broker who would provide such services.'),
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	(91821,4989,'content_description','This article is an update to our previous article regarding the introduction of the Dubai Land Department’s (“DLD”) Mandatory Property Contracts (“Dubai Land Department introduces Mandatory Property Contracts”, Law Update, August 2014).'),
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	(91831,4989,'_yoast_wpseo_metadesc','This article is an update to our previous article regarding the introduction of the Dubai Land Department’s (“DLD”) Mandatory Property Contracts (“Dubai Land Department introduces Mandatory Property Contracts”, Law Update, August 2014).'),
	(91832,4990,'content','September 2014\r\n\r\n<hr />\r\n\r\nThis is expected to further accelerate the Abu Dhabi government’s aims of encouraging all businesses to operate from designated commercial premises and to protect the privacy of residential neighbourhoods.\r\n\r\nAbu Dhabi Law No. 1 of 2011 (“Law No.1”) provides that buildings constructed for residential use may only be leased to families or such other occupants as the Department of Municipal Affairs may approve.  Law No. 1 also provides that properties for which demolition licences have been issued may not be leased or occupied and utilities to such properties should be disconnected.  Fines of up to AED 200,000 can be imposed for repeated violations of Law No. 1. Abu Dhabi Administrative Resolution No. 203 of 2013 (“Resolution No. 203”) has now provided some further detail to supplement these provisions.\r\n\r\nResolution No. 203 clarifies that Law No. 1 applies to all owners, landlords, tenants and occupiers of residential premises in the Emirate of Abu Dhabi including anyone who provides housing to its workers and employees.  All such parties must ensure that they register leases for residential premises with Tawtheeq as required by Executive Council Resolution No. 4 of 2011 (“Resolution No. 4”).  Anyone who becomes aware of any violation of Law No. 1, Resolution No. 203 or Resolution No. 4 is required to inform the competent authorities.\r\n\r\nResolution No. 203 requires that all residential premises be used for the residential purposes they were intended for.  It is not permitted to lease residential buildings located on farms or plantations.  Public housing may only be used for housing families.  Residential plots of land may only be used for one residential dwelling unless approval is obtained from Abu Dhabi Municipality for multiple dwellings on the same plot.\r\n\r\nVillas and apartments must only be occupied by families (defined as spouses and close family members). Exceptions are allowed where not more than six unrelated occupiers share a villa (but not an apartment) and if the occupiers are employed in senior positions.  Resolution No. 203 does not explain what is meant by senior positions but it does provide examples.  These include company directors, heads of boards, owners of private companies, experts, consultants and executive directors.  No more than six unrelated judicial, diplomatic or consular staff may also occupy the same villa.  The competent authorities may also authorise the use of residential villas for commercial purposes provided that such purposes are not to accommodate labourers.\r\n\r\nExceptions are also allowed for residential premises licensed by the Abu Dhabi Tourism Authority (“ADTA”).  These premises may be occupied by up to six unrelated people provided that all the conditions of the ADTA licence are complied with.\r\n\r\nLaw No. 1 states that no residential premises may be used for collective accommodation. Regulation No. 203 has clarified that this prohibition will only apply in cases where the residential premises do not satisfy the general requirements for health, ventilation, air conditioning, cleanliness, safety and security.\r\n\r\nLaw No. 1 also states that the specifications for residential premises and the number of permitted occupiers in residential premises must be proportionate with the size of the premises and in accordance with safety and security guidelines and general morals and ethics.  Resolution No. 203 has provided some further guidance on these requirements.  No bedroom may be occupied by more than three persons.  Living rooms and hallways may not be leased as bedrooms.  Residential premises may only be subdivided for leasing purposes with prior approval from the authorities.  Residential premises may not be shared by more than one family and families are not allowed to share their homes with unrelated people.  Exceptions are made to allow extended family members and domestic helpers to share family homes.\r\n\r\nResolution No. 203 has clarified that utility services to all buildings which have been licensed for demolition (whether total or partial demolition) must be disconnected within six months from the date of issuance of the demolition licence.  The Department of Construction Permits is now required to provide details of buildings for which demolition licences are issued to Tawtheeq so that registration of leases in these buildings can be refused.\r\n\r\nThe authorities now have the right to collect information on the types of residential premises in Abu Dhabi and their occupants.  If complaints are received regarding violations of Law No. 1 and Resolution No. 203 judicial officers can be assigned to investigate, if necessary with assistance from the police.  Once a case has been investigated the public prosecutor will decide whether to refer the case to the courts.  The powers available to the courts include issuing fines of up to AED 200,000, ordering the occupation of the premises to cease or ordering the disconnection of utilities.'),
