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	(100044,5437,'_yoast_wpseo_metadesc','With Olympics fervor building as the start of the summer games in Rio de Janeiro approaches in August, it is timely to take a look at some of the risk management issues involved when organising largescale sporting events.'),
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	(100028,5437,'content_description','With Olympics fervor building as the start of the summer games in Rio de Janeiro approaches in August, it is timely to take a look at some of the risk management issues involved when organising largescale sporting events.\r\n\r\n'),
	(100029,5437,'_content_description','field_59b641c07f473'),
	(100030,5437,'pageSummary','With Olympics fervor building as the start of the summer games in Rio de Janeiro approaches in August, it is timely to take a look at some of the risk management issues involved when organising largescale sporting events.'),
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	(100032,5437,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/august-2/reducing-risk-in-organising-major-sports-events-in-the-uae.html'),
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	(100005,5436,'content_description','The Dubai Multi Commodities Centre (DMCC) was established in 2002, with a mandate to provide the physical, market and financial infrastructure required to set up a commodities market place in Dubai. Today the DMCC is recognised as one of the largest free zones in the United Arab Emirates (UAE) with over 12,000 registered companies under license. '),
	(100006,5436,'_content_description','field_59b641c07f473'),
	(100007,5436,'pageSummary','The Dubai Multi Commodities Centre (DMCC) was established in 2002, with a mandate to provide the physical, market and financial infrastructure required to set up a commodities market place in Dubai. Today the DMCC is recognised as one of the largest free zones in the United Arab Emirates (UAE) with over 12,000 registered companies under license.'),
	(100008,5436,'_pageSummary','field_59e59b307dec8'),
	(100009,5436,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/august-2/pledge-through-dmcc-tradeflow-platform.html'),
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	(100014,5436,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(100015,5436,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Gaurav Jain'),
	(100016,5436,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(100017,5436,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','g.jain@tamimi.com'),
	(100018,5436,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(100019,5436,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Dubai, UAE'),
	(100020,5436,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
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	(100022,5436,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(100023,5436,'_yoast_wpseo_metadesc','Al Tamimi & Company briefly discuss the operation of the DMCC tradeflow and the procedure for creation of a pledge through the DMCC tradeflow.'),
	(100024,5437,'content','August 2016\r\n\r\n<hr />\r\n<p class=\"p1\">Whether it is the Abu Dhabi Formula 1 Grand Prix or the Dubai Air Show or the UAE Desert Challenge, the UAE increasingly plays host to a variety of premier sporting events throughout the year. Those who arrange, host and deliver sporting events necessarily assume a range of legal and financial risks which they may not always turn their minds to until one or more of those risks materialises.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Event Organisers</strong></span></p>\r\n<p class=\"p1\"><span class=\"s2\">It is important to note that event rights holders, host facilities or venues, event organisers, broadcasters and a range of third party contractors could be involved in one or more stages of delivery. In such cases, it is prudent practice to include a comprehensive risk identification component during the event planning stage and to allocate risk accordingly (usually on those parties best placed to minimise or avoid it, with any identifiable residual risk insured against).  </span></p>\r\n<p class=\"p1\"><span class=\"s2\"> For the purposes of this article, we will refer generally to event organisers but it should be noted that it is often the case in major sporting events that insurable risk is borne by a number of parties and should be coordinated to ensure optimal cover or dove-tailing of policies without undue duplication.</span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Spectators and Participants</strong></span></p>\r\n<p class=\"p1\">In addition to the basic insurance coverage required by statute (e.g. for employee coverage, corporate vehicle usage) and otherwise for prudent protection in the ordinary course of business (e.g. covering loss or damage to buildings and/or equipment, business interruption, etc.) in the case of a sporting event to which an event organiser charges an admission, the event organiser is entitled to impose conditions of entry as part of its contractual agreement with the spectator and the spectator is entitled to expect that the event will take place as promised by the organiser.</p>\r\n<p class=\"p1\"><span class=\"s2\"> A condition typically imposed by the event organisers is that the spectator agrees that, if, while watching the event, the spectator suffers loss or injury, the spectator will not hold the event organiser liable. This condition is commonly called a waiver of liability clause and it will be enforceable against the spectator who has suffered a loss or injury where:</span></p>\r\n\r\n<ul>\r\n 	<li>the loss or injury was caused by or arose out of the event; and</li>\r\n 	<li>the event organiser otherwise took reasonable precautions against the risk of loss or injury occurring.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s2\">However, under UAE law, a waiver of liability clause will usually not relieve the organiser from liability for failing to make the premises or the event reasonably safe for spectators.</span></p>\r\n<p class=\"p1\">So, for example, if a spectator at a baseball game were to sustain injuries on being hit in the head by a ball that flew through a hole in the protective net behind home plate, a waiver of liability probably would not bar him from recovery. On the other hand, a waiver of liability would likely prevent a spectator from recovering damages on an action brought if the same injury were sustained while the spectator was sitting in the outfield stands.</p>\r\n<p class=\"p1\">The principle producing these two legal outcomes expresses the understanding that spectators to an event, even to physically dangerous events, are taken to accept some, but not all, risks in watching those events. At the same time, spectators are legally entitled to rely on the event organiser taking reasonable precautions to make the event safe for them to watch.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Managing Third-Party Risk</strong></span></p>\r\n<p class=\"p1\">To protect itself from incurring liability in these circumstances, the event organiser is usually advised to take out public liability or third party liability (‘TPL’) insurance. This form of insurance protects an event organiser from liability to third parties for loss or injury that arises out of the premises that the event organiser controls or out of its conduct of the event itself.</p>\r\n<p class=\"p1\">As the event tourism market grows and diversifies, it is becoming more common for large scale events to feature designated spectator activity areas or ’fanzones‘, in an effort to enhance the customer experience and/or to upsell basic entry revenues.</p>\r\n<p class=\"p1\">In such circumstances, careful consideration should be given to any particular equipment for rides, experiences or challenges offered to spectators (who may become participants or end users of third party suppliers retained by a sporting venue) and what additional risks and corresponding coverage should be put in place.</p>\r\n<p class=\"p1\">In such scenarios it is prudent to make early disclosure of anticipated activity to your broker – even arranging site visits if necessary – to determine if proposed activities come within the existing TPL cover and to determine if they are out-of-scope whether their presence on site may vitiate existing cover, necessitating changes.<strong> </strong></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Cancellation Risk</strong></span></p>\r\n<p class=\"p1\">Perhaps the largest financial risk to which an event organiser may be exposed is the risk that the event is unable to go ahead and has to be cancelled at short notice. Many things can cause an event to be cancelled at the last minute, including:</p>\r\n\r\n<ul>\r\n 	<li>physical damage to the premises where the event is to be staged;</li>\r\n 	<li>extreme weather preventing the event from proceeding or spectators from accessing the event’s site or premises;</li>\r\n 	<li>the late arrival or failure to arrive of persons or equipment critical to staging the event; or</li>\r\n 	<li>the sudden withdrawal or suspension of governmental approval for the event to proceed.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s2\">Where any one of these incidents occurs, it can result in significant financial loss for the event organiser who would be left, in the absence of insurance, to pursue any legal claim that they may have against the persons responsible for the loss.</span></p>\r\n<p class=\"p1\">Inevitably, pursuit of those claims would entail further expenditure of time and money and would likely compound the loss arising from the cancellation of the event. In many cases, the original loss and the subsequent efforts to recover that loss through legal action are likely to impact the event organiser’s cash flow for months or years to come.</p>\r\n<p class=\"p1\"><span class=\"s2\"> Insurance cover for this risk or even for the risk of reduced spectator turnout removes the prospect of the event turning out to be a financial disaster for the event organiser. Where an event organiser takes out this kind of insurance and is forced to make a claim under it, the insurance payout will allow the event organiser to move on quickly and will shift the cost and effort of pursing legal claims against the parties responsible for the loss onto the insurer.</span></p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Risk Management is Indispensable</strong></span></p>\r\n<p class=\"p1\">Many financial and legal risks are attached to the organisation and staging of public sporting events. These risks can come from spectators or participants in the event suing for injuries sustained as a result of how the event was conducted, or they can arise from the financial loss that results when an event is cancelled or cannot go ahead at the last minute through no fault of the event organiser.</p>\r\n<p class=\"p1\">In each case, strategic early identification and allocation of risk, complemented by taking out the appropriate insurance cover where the relevant risk cannot otherwise be addressed is an important risk management tool that allows pricing of appropriate coverage into revenue models and should ensure that foreseeable financial and legal fallout from the event, should it happen, does not bring irreparable financial harm to one or more of the key stakeholders in the event management chain.</p>\r\n<p class=\"p8\"><em>This article first appeared in the July/August 2016 edition of Middle East Insurance Review magazine.</em></p>\r\n&nbsp;'),
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	(99986,5435,'lawUpdateArticleMonth','5431'),
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	(99988,5435,'content_description','In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. Whilst there is undoubtedly a positive trend in the use of arbitration as a mechanism to resolve disputes in the UAE, one of the main criticisms is the uncertainty around enforcement of both domestic and international awards, despite the UAE’s accession to the New York Convention for the Recognition and Enforcement of Foreign Arbitrational Awards (the “New York Convention”) in 2006. In fact, any arbitration practitioner with experience in the UAE will be familiar with the local enforcement battles, as demonstrated by the case of International Bechtel Co. Ltd v. Department of Civil Aviation of the Government of Dubai, as well as a recent Court of Appeal decision which questioned whether the UK was a signatory to the New York Convention. However, in the recent Dubai Court of Cassation Commercial Appeal No. 693 of 2015, it could be argued that the feelings of distrust and uncertainty may be put at bay, at least for the time being particularly when it comes to enforcement of foreign awards.\r\n'),
	(99989,5435,'_content_description','field_59b641c07f473'),
	(99990,5435,'pageSummary','In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. Whilst there is undoubtedly a positive trend in the use of arbitration as a mechanism to resolve disputes in the UAE, one of the main criticisms is the uncertainty around enforcement of both domestic and international awards, despite the UAE’s accession to the New York Convention for the Recognition and Enforcement of Foreign Arbitrational Awards (the “New York Convention”) in 2006. In fact, any arbitration practitioner with experience in the UAE will be familiar with the local enforcement battles, as demonstrated by the case of International Bechtel Co. Ltd v. Department of Civil Aviation of the Government of Dubai, as well as a recent Court of Appeal decision which questioned whether the UK was a signatory to the New York Convention. However, in the recent Dubai Court of Cassation Commercial Appeal No. 693 of 2015, it could be argued that the feelings of distrust and uncertainty may be put at bay, at least for the time being particularly when it comes to enforcement of foreign awards.'),
	(99991,5435,'_pageSummary','field_59e59b307dec8'),
	(99992,5435,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/august-2/enforcement-of-foreign-awards-in-the-uae-back-on-track.html'),
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	(99997,5435,'_lawUpdateArticleWriters_1_lawUpdateArticleWriter','field_59da2ac06b065'),
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	(99999,5435,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(100000,5435,'_yoast_wpseo_metadesc','In the recent Dubai Court of Cassation Commercial Appeal No. 693 of 2015, it could be argued that the feelings of distrust and uncertainty may be put at bay, at least for the time being particularly when it comes to enforcement of foreign awards.'),
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	(212626,5430,'content_header',''),
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	(212634,5430,'related_pages_header',''),
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	(100001,5436,'content','August 2016\r\n\r\n<hr />\r\n<p class=\"p1\">In this article, we briefly discuss the operation of the DMCC tradeflow and the procedure for creation of a pledge through the DMCC tradeflow.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The DMCC operates an electronic central registry of ownership of commodities called the Trade Flow (‘Tradeflow’). The platform has been developed with extensive interaction from the DMCC members alongside advice from key regional financiers and commodity owners. The access to the Tradeflow is under the DMCC Tradeflow Corporate Access Agreement dated 11th February 2013 (the ‘Corporate Access Agreement’). This registry uses negotiable electronic title documents called DMCC Tradeflow warrants (‘Warrants’) to provide interested parties with the undisputed proof of ownership and security interests attached to UAE based inventories. The Warrants are issued by storage operators (in the DMCC) in accordance with the DMCC Warrant Rules annexed to Corporate Access Agreement (the ’Warrant Rules‘) and provide evidence of specified goods (quantity and quality) being stored therein. Ownership of DMCC Tradeflow Warrants can be electronically transferred between members using the web-based, secure interface. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> The use of collateral management in trade finance is increasingly seen as a tool that gives financiers a way to reduce and mitigate risk and offers much needed capital relief. With this in mind, the DMCC has developed a pledge structure which allows commodity owners and their financiers to register pledges on the DMCC Tradeflow being collateral in return for working capital financing. The advantage of a pledge for financiers is that it creates a security interest over the assets, allowing them to be used to secure the performance of an obligation, i.e. a trade finance loan. The pledge is created electronically in accordance with the DMCC Security Rules annexed to Corporate Access Agreement (the ‘Security Rules’). The process involves registration of parties as participants with DMCC which is done by way of acceptance of the DMCC Tradeflow Corporate Access Agreement (and all the Rules appended thereto including the Security Rules and Warrant Rules). Each participant (pledgor, storage operator and the finance party) would sign a document called ‘Letter of Adherence’. </span></p>\r\n<p class=\"p1\">Security is created electronically by way of electronic issuance of a standard format Security Notification (as defined in the Corporate Access Agreement) and Security Acceptance (as defined in the Security Rules). In order to enter into subsequent transactions over the DMCC Tradeflow evidencing a pledge over future Warrants (issued by the storage operator as and when additional goods are deposited), the pledgor (as the legal owner) is required to issue a new Security Notification to the DMCC on the DMCC Tradeflow in relation to the new Warrant(s) instructing the DMCC to hold the new Warrant(s) by way of pledge for the pledgee. Upon receipt of the Security Notification on the DMCC Tradeflow, the DMCC would hold the said Warrant for the benefit of the pledgee. The pledgee upon the receipt of the Security Notification is required to issue and transmit the Security Acceptance on the DMCC Tradeflow within seven (7) days of receipt thereof. The creation of security by way of pledge over the Warrant(s) is subject to cancellation by the DMCC without notice if, within seven (7) days after the date of the Security Notification, a Security Acceptance has not been received from the pledgee.</p>\r\n<p class=\"p1\">The Security Rules also provide for a close out mechanism which permits enforcement of the pledge by way of sale of the Warrants by the DMCC (and the goods it represents) without recourse to the pledgor or a court order on receipt of a Close Out Settlement Instruction (as defined in the Security Rules) as prescribed in Rule 3 of the Security Rules. However the recognition of the close out mechanism under UAE law requires detailed examination as the concept of “self help” is not recognised under UAE law and an order of a UAE court may be required for enforcement of any security created under any of the security documents. Further, any default by the pledgor may not automatically give the pledgee any right to attach the Warrants (or the goods). It may, however, instruct the DMCC on the DMCC Tradeflow by way of a Security Enforcement Instruction (as defined in the Security Rules) to hold the goods in favour of the pledgee and not to release the same until the successful conclusion of the proceeding or any judgment or appealable order issued by a UAE Court in relation to the pledgor’s default.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The storage operator warrants or guarantees to hold the stored commodity by way of safe custody implying that although they are legally liable for any value lost through theft or damage, they have no legal ownership in them except for the storage operator lien as highlighted below. As such, in case of liquidation, the storage operator’s creditors will be unable to seek recourse to the commodities stored since the legal title remains with the holder of the Warrants - as registered on the DMCC Tradeflow central registry. It is also important to note the Rule 3.3 of the Security Rules which provides the following order of priority in relation to any monies realised pursuant to the enforcement of security:</span></p>\r\n\r\n<ul>\r\n 	<li>\r\n<div class=\"p2\">first, in or towards satisfaction of any Storage Operator’s lien which is duly annotated on the relevant Warrant at the time of sale; and</div></li>\r\n 	<li>\r\n<div class=\"p1\"><span class=\"s1\">second, in or towards satisfaction of all costs, charges and expenses incurred, or payments made, by and evidenced in writing by DMCCA in connection with such sale of the Warrant (or the Goods represented by the Warrant) (including the agency fee referred to in Clause 3.5); and </span></div></li>\r\n 	<li>\r\n<div class=\"p1\">third, in or towards satisfaction of all costs, charges and expenses incurred, or payments made, by and evidenced in writing by the Tradeflow Finance Party in connection with such sale of the Warrant (or the Goods represented by the Warrant); and</div></li>\r\n 	<li>\r\n<div class=\"p1\">fourth, in or towards satisfaction of the Secured Obligations to which the relevant Warrant relates; and</div></li>\r\n 	<li>\r\n<div class=\"p1\">fifth, as to the surplus (if any), to the person or persons entitled thereto.’</div></li>\r\n</ul>\r\n<p class=\"p2\">Therefore apart from the cost of the DMCC for the sale of the Warrant (or the Goods represented by the Warrant), the realisation under the pledge documents will also be subject to any limitation arising from the storage operator’s lien over the goods and such lien shall rank ahead of the pledgee’s claim and shall include all lawful storage charges, money claims, insurance, transportation, labour, weighing, coopering and any advertisement charges for auction of the goods in the event of a default. Accordingly, the storage operator may have priority in the insolvency of the pledgor for unpaid rentals and other charges for the storage of goods in their vault.</p>\r\n<p class=\"p1\">The DMCC Tradeflow platform provides for pledge over commodities stored in the DMCC registered warehouses and is an important step in the trade financing for the companies having storage of their goods in the DMCC. While the pledge through the DMCC Tradeflow platform is still at a stage of infancy, it holds great promises for trade financing in future.</p>'),
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	(99963,5434,'content_description','A declaration of bankruptcy, according to Article 645 of the Commercial Transactions Law, can be imposed on any trader who ceases to pay some or all of its commercial debts. While a debtor’s cessation of payment is a presumption against him, the trader might not be considered bankrupt if the failure to pay is due to a dispute regarding the debt. In other words, it is important to prove that the debtor ceased to pay a certain commercial debt due to financial distress and credit issues. It is for the Court of First Instance to determine, without review by the Court of Cassation, whether there is an established case of bankruptcy (Dubai Court of Cassation – Civil Appeal No. 343-1997 – 28.03.98).'),
	(99964,5434,'_content_description','field_59b641c07f473'),
	(99965,5434,'pageSummary','A declaration of bankruptcy, according to Article 645 of the Commercial Transactions Law, can be imposed on any trader who ceases to pay some or all of its commercial debts. While a debtor’s cessation of payment is a presumption against him, the trader might not be considered bankrupt if the failure to pay is due to a dispute regarding the debt. In other words, it is important to prove that the debtor ceased to pay a certain commercial debt due to financial distress and credit issues. It is for the Court of First Instance to determine, without review by the Court of Cassation, whether there is an established case of bankruptcy (Dubai Court of Cassation – Civil Appeal No. 343-1997 – 28.03.98).'),
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	(99975,5434,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Zane Anani'),
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	(99983,5434,'_yoast_wpseo_metadesc','Al Tamimi & Company successfully represented a claimant (in Commercial Case 393 of 2015 dated 12 August 2015) in obtaining a declaration of bankruptcy and the appointment of a bankruptcy administrator in relation to a defaulting defendant.'),
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	(212621,5430,'_timeline_header','field_59b63de5b74bf'),
	(99984,5435,'content','August 2016\r\n\r\n<hr />\r\n<p class=\"p1\">The case concerned a charter-party agreement dated 2 May 2007. A dispute arose between the Claimant and the Respondent and the former commenced arbitration proceedings in London pursuant to the agreement.</p>\r\n<p class=\"p1\">The arbitral tribunal issued two awards in the Claimant’s favour, one on the merits and one on costs, the last being issued on 20 March 2014.</p>\r\n<p class=\"p1\">The two awards became final when the Respondent did not challenge them after having been duly notified in accordance with English law.</p>\r\n<p class=\"p1\">The Claimant commenced proceedings in Dubai for the recognition and enforcement of the two awards. The Dubai Court of First Instance ordered the recognition of both awards and their enforcement in accordance with the enforcement procedure outlined in the UAE Civil Procedure Law.</p>\r\n<p class=\"p1\">The Respondent appealed and on 15 July 2015, the Court of Appeal upheld the decision of the Court of First Instance. On 13 September 2015 the Respondent appealed this decision to the Court of Cassation.</p>\r\n<p class=\"p1\"><span class=\"s1\"> In that action, the Respondent raised two heads of challenge. First, it argued that the Court of Appeal was wrong to have rejected its plea that the Respondent was not served with the arbitration notice, and, as such, was unable to present its case before the arbitral tribunal. This was because a commercial agent, rather than the Respondent itself, had received the arbitration notice. The Respondent argued that as an Emirati company it should be served with the arbitration notice in accordance with the Agreement on Judicial Assistance between the UAE and the UK, ratified by Federal Decree No. 38 of 2007.</span></p>\r\n<p class=\"p1\">Secondly, the Respondent argued that a person not authorised to bind the Respondent to arbitration signed the agreement containing the arbitration clause. The Court of Appeal had held that the Respondent failed to prove this in accordance with the law of the country where the arbitral award was issued, being the laws of England and Wales.</p>\r\n<p class=\"p1\">The Court of Cassation dismissed the argument, stating that according to Article 238 of the UAE Civil Procedure Law, international conventions, by virtue of ratification, shall apply as though they were domestic law in the UAE to disputes concerning the enforcement of foreign court decisions and arbitral awards.</p>\r\n<p class=\"p1\">The Court of Cassation explained further that by Federal Decree No. 43 of 2006, which was published in the Official Gazette on 28 June 2006, the UAE acceded to the New York Convention. Therefore, its provisions applied to the present dispute.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The New York Convention provides that, as a general principle, and subject to any permissible reservations that it has entered into, each contracting state shall recognise arbitral agreements as binding, as long as there is an agreement on arbitration in writing (whether in a contract, a standalone agreement, or in an exchange of letters or telegrams).</span></p>\r\n<p class=\"p1\">Article V states that: “1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:</p>\r\n<p class=\"p2\">(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity…., under the law of the country where the award was made; or</p>\r\n<p class=\"p3\"><span class=\"s1\">(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings; or (c), (d), (e).”</span></p>\r\n<p class=\"p4\">In other words, the party against whom the arbitral award was issued may plead that the award should not be recognised under any of the conditions listed in Article V, including (a) and (b), provided that it furnishes proof to the court where the recognition is sought, that it was under some incapacity under the law of the country where the award was made or was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings and was unable to present its case.</p>\r\n<p class=\"p1\">The Court of Cassation found that the Respondent had not produced any evidence before the trial court that it lacked capacity to sign the contract in accordance with the law of the country where the arbitral award was issued. As regards notice, the fact that the Respondent had attended the arbitration hearings was evidence that it had received sufficient notice. The entire appeal was therefore dismissed.</p>\r\n<p class=\"p1\">In conclusion, the Dubai Court of Cassation in this case has clearly adopted a pro-enforcement attitude towards foreign arbitration awards and recognised the primacy of the New York Convention. The Court of Cassation held that, pursuant to Article V(1)(a) of the New York Convention, the issue of the capacity of the person signing the arbitration clause is to be assessed using the law of the country where the award was issued (the law of the seat), regardless of the parties’ nationality or the domestic law under which the party acquired its legal status. This is particularly encouraging, because technical points regarding the authority of a signatory to bind a company to arbitration are often raised to resist enforcement of awards in the UAE. This decision will go some way in comforting applicants that such points may no longer be sustainable where the enforcement relates to a foreign award.</p>\r\n<p class=\"p6\"><em>* Previously Published in Kluwer Arbitration Blog on 17 June 2016.</em></p>\r\n&nbsp;'),
	(160072,5435,'core_values',''),
	(160073,5435,'_core_values','field_59b64ab071de4'),
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	(160075,5435,'_file','field_59b64c10f6600'),
	(99959,5434,'content','August 2016\r\n\r\n<hr />\r\n<p class=\"p1\">Despite this, declarations of bankruptcy are extremely rare within the UAE. The Commercial Transactions Law (Federal Law 18 of 1993) contains provisions regulating the bankruptcy of companies and other businesses, but does not have a specific definition of “bankruptcy” and merely highlights the situations in which a trader will be regarded as bankrupt. The meaning may be inferred from Article 645 of the law which provides that “a trader who ceases to pay his debts can apply to the court for his adjudication as bankrupt”.</p>\r\n<p class=\"p1\"><span class=\"s1\"> Recently however Al Tamimi &amp; Company successfully represented a claimant (in Commercial Case 393 of 2015 dated 12 August 2015) in obtaining a declaration of bankruptcy and the appointment of a bankruptcy administrator in relation to a defaulting defendant. Furthermore, the Court of First Instance’s judgment in the case appears to be the only recent decision that considers the conditions to be satisfied before a declaration of bankruptcy will be made against a defaulting debtor.</span></p>\r\n<p class=\"p2\"><span class=\"s2\"><strong>Background</strong></span></p>\r\n<p class=\"p1\">The Claimant obtained a judgment  in the sum of AED 85 million against the Defendants (a UAE Company and its subsidiary). The Defendants failed to pay this sum and as a result, on 1 March 2015 the Claimant initiated bankruptcy proceedings with the Dubai Court of First Instance against the UAE Company seeking (i) a declaration that the Defendant is bankrupt; (ii) the appointment of a bankruptcy administrator to oversee the bankruptcy proceedings; (iii) an order that the Defendant’s premises be sealed; (iv) measures to safeguard the Defendant’s assets; (v) an award for costs and fees against the Defendant; and (iv) that a judgment be rendered with immediate enforcement without the requirement of a bond.</p>\r\n<p class=\"p2\"><span class=\"s2\"><strong>Findings of the Court of First Instance</strong></span></p>\r\n<p class=\"p1\">The Claimant argued that the Defendants ceased making payments as a result of several credit issues and the outstanding debt was clearly evidenced by the court judgment. The Claimant submitted photocopies of a statement from another UAE bank which the Defendants held an account with which confirmed that the Defendants had no balance. The Claimant also submitted a statement from the Dubai Financial Market (DFA) which confirmed that there was no record of the Defendant in the DFA’s clearing system.</p>\r\n<p class=\"p1\">The Claimant argued that there was no prospect of recovering the judgment debt as the Defendant’s offices/business units were closed and no further assets could be traced.</p>\r\n<p class=\"p1\">On 3 June 2015, the court appointed an accounting expert to review the matter. The expert filed his report and confirmed that the Defendant was indebted to the Claimant for an amount of AED 85 million and further concluded that the Defendant ceased making payments due to its bad financial situation.</p>\r\n<p class=\"p1\">The Defendant failed to appear either in person or by counsel at any of the hearings despite having been served with the summons. Therefore, a judgment was entered against the Defendant pursuant to Article 53(1) of the Civil Procedures Law.</p>\r\n<p class=\"p1\">The Dubai Court of First Instance accepted the Claimant’s contention that the Defendant’s debt had been established and held that:</p>\r\n<p class=\"p4\"><span class=\"s1\">“It is clear to us that the claimant’s debt is established by the judgment entered in Commercial Action No 1969-2012 which has become final and res judicata after no timely appeal was filed. The debt is accordingly due and payable. It is further clear to us that the Defendant sought to be adjudicated bankrupt within the meaning of the Federal Commercial Transactions Law. They ceased to pay their debts when due to the Claimant as they were in dire financial straits with no prospect of recovery and return to normal business operations at the level of trust, confidence and standing required to carry on business activities. This consequently puts creditors’ claims at risk as indicated by the Claimant’s documents and the report of the court appointed expert. The conditions to declare bankruptcy are thus met and we accordingly declare the defendant bankrupt.’</span></p>\r\n<p class=\"p2\"><span class=\"s2\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">This judgment is significant as it emphasizes what the courts look for before declaring a defaulter bankrupt. The outstanding debt should be clearly and conclusively proved. In this case, there was a judgment obtained against the defaulter from the Court of First Instance confirming the debt. In addition, the report filed by the expert in the case concerning the debt also confirmed the outstanding debt obligation of the Defendant. </span></p>\r\n<p class=\"p1\">The financial instability of the defaulter as well as the non-availability of any kind of assets of the defaulter also has to be established. In this case, the Claimant was successful in establishing that there was no prospect of recovery of the judgment amount as the Defendant had no bank accounts or assets.</p>'),
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	(99943,5433,'_content','field_59b649b5c8b2b'),
	(99944,5433,'lawUpdateArticleMonth','5431'),
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	(99946,5433,'content_description','Earlier this year the Dubai Court of Appeal shocked the local and international legal community by refusing to enforce an English arbitral award on the grounds that it was not satisfied that the United Kingdom was a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. We are pleased to report that the Dubai Court of Cassation has now reversed this decision in a judgment issued on 19 June 2016 (Case No. 384 of 2016). However although the Court found that the UK is indeed a signatory to the NY Convention, the reasoning of the Court failed to acknowledge that the UAE had not made any reservations when acceding to the NY Convention, and that the award should have been recognized irrespective of the UK’s status as a signatory.\r\n\r\n'),
	(99947,5433,'_content_description','field_59b641c07f473'),
	(99948,5433,'pageSummary','Earlier this year the Dubai Court of Appeal shocked the local and international legal community by refusing to enforce an English arbitral award on the grounds that it was not satisfied that the United Kingdom was a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. We are pleased to report that the Dubai Court of Cassation has now reversed this decision in a judgment issued on 19 June 2016 (Case No. 384 of 2016). However although the Court found that the UK is indeed a signatory to the NY Convention, the reasoning of the Court failed to acknowledge that the UAE had not made any reservations when acceding to the NY Convention, and that the award should have been recognized irrespective of the UK’s status as a signatory.'),
	(99949,5433,'_pageSummary','field_59e59b307dec8'),
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	(99910,5430,'_content','field_59b649b5c8b2b'),
	(99911,5430,'lawUpdateArticleMonth','5401'),
	(99912,5430,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99913,5430,'content_description','The Egyptian Government recently undertook a series of economic reforms in order to regulate a market that has been severely weakened since the 2011 uprising. The uprising and the security gap that followed drove away tourists and foreign investors, thus leading to a severe shortage in foreign currency reserves and a sharp decline of the value of the Egyptian pound.  The Egyptian Government is therefore reducing foreign currency expenditures by controlling imports.'),
	(99914,5430,'_content_description','field_59b641c07f473'),
	(99915,5430,'pageSummary','The Egyptian Government recently undertook a series of economic reforms in order to regulate a market that has been severely weakened since the 2011 uprising. The uprising and the security gap that followed drove away tourists and foreign investors, thus leading to a severe shortage in foreign currency reserves and a sharp decline of the value of the Egyptian pound.  The Egyptian Government is therefore reducing foreign currency expenditures by controlling imports.'),
	(99916,5430,'_pageSummary','field_59e59b307dec8'),
	(99917,5430,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/registration-of-trademark-owners-under-egyptian-ministerial-decree-432016.html'),
	(99918,5430,'_currentURL','field_59d35123ab1e7'),
	(99919,5430,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Salma Ezzat'),
	(99920,5430,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(99921,5430,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','s.ezzat@tamimi.com'),
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	(99923,5430,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Cairo, Egypt'),
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	(99927,5430,'_yoast_wpseo_metadesc','The Egyptian Government recently undertook a series of economic reforms in order to regulate a market that has been severely weakened since the 2011 uprising.'),
	(212639,5430,'_yoast_wpseo_content_score','30'),
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	(99929,5432,'_wp_attachment_metadata','a:5:{s:5:\"width\";i:100;s:6:\"height\";i:133;s:4:\"file\";s:23:\"uploads2/media-5431.jpg\";s:5:\"sizes\";a:0:{}s:10:\"image_meta\";a:12:{s:8:\"aperture\";s:1:\"0\";s:6:\"credit\";s:0:\"\";s:6:\"camera\";s:0:\"\";s:7:\"caption\";s:0:\"\";s:17:\"created_timestamp\";s:1:\"0\";s:9:\"copyright\";s:0:\"\";s:12:\"focal_length\";s:1:\"0\";s:3:\"iso\";s:1:\"0\";s:13:\"shutter_speed\";s:1:\"0\";s:5:\"title\";s:0:\"\";s:11:\"orientation\";s:1:\"0\";s:8:\"keywords\";a:0:{}}}'),
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	(99934,5431,'lawUpdateYear','2016'),
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	(99936,5431,'pageSummary',''),
	(99937,5431,'_pageSummary','field_59e59b307dec8'),
	(99938,5431,'lawUpdateStartMonth','August'),
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	(99942,5433,'content','August 2016\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>Background </strong></p>\r\n<p class=\"p1\">By way of background, the Court of Appeal on 30 March 2016 rejected an English arbitral award for two reasons that were controversial:</p>\r\n\r\n<ul>\r\n 	<li>It ruled that a principle of reciprocity in the UAE’s Civil Procedure Law applied to the enforcement of the award. This was controversial because, being a signatory to the NY Convention, the UAE Civil Procedure Law should not have been applied. Under the NY Convention there is no reciprocal principle (i.e. no need to show that the state in which the award was made would enforce a UAE award).</li>\r\n 	<li>It ruled that the principle of reciprocity had not been satisfied because there was no evidence that the UK had signed any convention with the UAE relating to the enforcement of arbitral awards. This was controversial because it is a recorded fact that both the UK and the UAE are signatories to the NY Convention. Furthermore, when the UAE signed the NY Convention in 2006 it opted not to sign a reciprocity reservation that allows signatories to limit its application only to awards issued in other contracting states.</li>\r\n</ul>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Court of Cassation</strong></span></p>\r\n<p class=\"p1\">The Court of Cassation reversed the Court of Appeal judgment.</p>\r\n<p class=\"p1\">The Court explained that Article 238 of the Civil Procedures Law provides that “the rules laid down in the foregoing articles shall be without prejudice to the provisions and conventions between the UAE and other countries in this regard”. This means that the provisions of conventions between the UAE and other foreign countries or international conventions ratified by the UAE are applicable in relation to the enforcement of foreign judgments and arbitration awards.</p>\r\n<p class=\"p1\"><span class=\"s2\"> The Court noted that both the UAE and the UK are signatories to the NY Convention, and therefore the award was to be recognized and enforced pursuant to the NY Convention, and not the Civil Procedures Law. There was therefore no need to show reciprocity of enforcement. </span></p>\r\n<p class=\"p1\"><span class=\"s2\"> Whilst the decision is welcome, it is troubling that the Court of Cassation overlooked the fact that when the UAE signed the NY Convention, it did so without making any reservation as to reciprocity under Article I(3). Some states, for example the UK, have made this reservation, which means that they will only apply the Convention to awards made in another contracting State. By not making this reservation, the UAE is obliged under the Convention to, in principle, recognized all foreign awards, regardless of whether they emanate from a Convention state or not.  In our view that should have been a key part of the Court’s reasoning. </span></p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>The Decision in Context</strong></span></p>\r\n<p class=\"p3\">A number of UAE court decisions have already upheld English awards and recognized that the UK is a signatory to the NY Convention. They have also recognized that the NY Convention takes precedence over the pre-existing rules for enforcement of awards found in Article 235 of the Civil Procedures Law. This is why the Court of Appeal decision was considered so shocking – it was not only clearly wrong (the UK being a signatory), but was contrary to previous UAE court decisions.</p>\r\n<p class=\"p1\"><span class=\"s2\"> For example, in a ruling dated 27 April 2010 (Case No. 35/2010), the Fujairah Federal Court of First Instance enforced two awards, one on the merits and the other on costs, rendered by a sole arbitrator in London under the Rules of the London Maritime Arbitration Association (LMAA) following an application for enforcement by the award creditor in terms of the New York Convention.  After evidencing that: </span></p>\r\n\r\n<ul>\r\n 	<li>the awards were indeed certified and issued in the United Kingdom</li>\r\n 	<li>that the UAE had ratified the New York Convention in 2006; and</li>\r\n 	<li>that the awards were issued pursuant to English Law in the United Kingdom, which is also a signatory to the New York Convention</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">the Fujairah Court held that the two underlying foreign awards were enforceable in the UAE.</p>\r\n<p class=\"p1\"><span class=\"s2\"> Similarly, in the case of Maxtel International FZE v. Airmec Dubai LLC (Court of First Instance Commercial Action No. 268/2010), dated 12 January 2011), the Dubai Court of First Instance enforced two awards, one on the merits and one on costs, issued by a sole arbitrator in London under the DIFC-LCIA Arbitration rules. The case involved two Dubai-based companies. Following an application for enforcement under the NY Convention, the award debtor objected to the enforcement of the awards seeking nullification on a number of procedural grounds under the UAE Civil Procedures Code. However once it was established that both awards were foreign awards, and having showed that the UAE has ratified the New York Convention, the Dubai Court of First Instance held that </span></p>\r\n<p class=\"p5\"><span class=\"s2\">“the court’s supervisory role when looking to recognize and enforce a foreign arbitral award is strictly to ensure that it does not conflict with the Federal Decree under which the UAE acceded to the New York Convention on the recognition and enforcement of foreign arbitral awards and satisfied the requirements of Articles IV and V of the Decree in terms of being duly authenticated.” </span></p>\r\n<p class=\"p6\"><span class=\"s2\">This ruling was affirmed by the Dubai Court of Appeal (Case No. 132 of 2012) in 22 February 2012. </span></p>\r\n<p class=\"p2\"><span class=\"s1\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\">As can be seen, there are UAE judgments dating back to 2010 that have found that English awards are to be enforced under the NY Convention. The Court of Appeal decision was therefore extraordinary to find otherwise. However it is a reminder both that the UAE courts can at times render errant decisions (and perhaps more so given the lack of a binding precedent system), but also that the system accounts for this with an ability to appeal. Indeed, from the Court of First Instance there is an automatic right to appeal, and lawyers are obliged to file an appeal, unless explicitly directed not to by their clients.</p>\r\n<p class=\"p1\"><span class=\"s2\"> Although understandable, it is a shame that the Court of Appeal judgment will likely get more attention than the Court of Cassation judgment reversing it. Equally, it is unfortunate that although the Court of Cassation came to the right decision, it did so without fully acknowledging the extent of the UAE’s commitments under the NY Convention. In any event, there has been considerable progress in Dubai’s legal system in recent years with the courts working to support the rising popularity of arbitration in the UAE. The Court of Appeal decision should not obscure or detract from this progress.</span></p>'),
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	(99896,5429,'lawUpdateArticleMonth','5401'),
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	(99898,5429,'content_description','The proposed changes to the Saudi Arabian bankruptcy regime will provide the judiciary the right to obligate creditors to accept a settlement proposed by the debtor (the “new Law”).\r\n\r\n'),
	(99899,5429,'_content_description','field_59b641c07f473'),
	(99900,5429,'pageSummary','The proposed changes to the Saudi Arabian bankruptcy regime will provide the judiciary the right to obligate creditors to accept a settlement proposed by the debtor (the “new Law”).'),
	(99901,5429,'_pageSummary','field_59e59b307dec8'),
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	(99903,5429,'_currentURL','field_59d35123ab1e7'),
	(99904,5429,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','782'),
	(99905,5429,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
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	(99908,5429,'_yoast_wpseo_metadesc','The proposed changes to the Saudi Arabian bankruptcy regime will provide the judiciary the right to obligate creditors to accept a settlement proposed by the debtor (the “new Law”).'),
	(99909,5430,'content','<p class=\"p1\"><strong>I. General Reform Framework</strong></p>\r\n<p class=\"p3\">The Egyptian Government recently undertook a series of economic reforms in order to regulate a market that has been severely weakened since the 2011 uprising. The uprising and the security gap that followed drove away tourists and foreign investors, thus leading to a severe shortage in foreign currency reserves and a sharp decline of the value of the Egyptian pound.  The Egyptian Government is therefore reducing foreign currency expenditures by controlling imports.</p>\r\n<p class=\"p3\">The Egyptian Ministry of Trade and Industry issued a Decree on the rules for the Registration of Factories and Trademark Owners eligible to export their products to the Arab Republic of Egypt in January 2016, 43/2016 (the ‘Ministerial Decree’). Accordingly a new register has been created at the General Organization of Exports &amp; Imports Control (‘GOEIC’), where all said factories and trademark owners must register if they wish their products to be imported into Egypt.</p>\r\n<p class=\"p3\">The Egyptian Central Bank (‘CBE’) followed by adopting a series of measures aiming at reducing the Egyptian imports bill. The CBE has imposed strict rules on financing imports by giving priority to essential goods over luxury products. The CBE’s action consisted of requiring importers to provide 100% cash deposits at banks on their letters of credit to make it very difficult for importers to open letters of credit and clear cargos.</p>\r\n<p class=\"p3\">Both reforms have been followed by a Presidential Decree issued to increase customs tariffs on a number of products 25/2016. This measure aims at increasing Egypt’s revenues, encourage local production and enhance competitiveness of local companies against foreign companies. The products subject to the custom tariffs increase have all an equivalent local product in Egypt. Whether such measure is in conformity with the international agreements on tariffs remains to be seen.</p>\r\n<p class=\"p1\"><strong>II. Ministerial Decree 43/2016.</strong></p>\r\n<p class=\"p1\"><strong>A. Scope of application.</strong></p>\r\n<p class=\"p3\">The Ministerial Decree answers to a general policy of monitoring products that are being exported to Egypt in order to protect the end consumer from products of unknown source. All exporters who produce the products listed in the annex to the regulation must apply international standards of quality management control systems and make all their products and distribution centres that export the said products known to Egypt.</p>\r\n<p class=\"p3\">The following is the list of products for which registration is required:</p>\r\n\r\n<ul>\r\n 	<li>Milk and its products for retail sale;</li>\r\n 	<li>Preserved and dried fruits for retail sale;</li>\r\n 	<li>Oils and fats for retail sale;</li>\r\n 	<li>Sugar Confectionaries;</li>\r\n 	<li>Chocolate and food products containing cocoa for retail sale;</li>\r\n 	<li>Pastas and prepared foods from cereals and bread products and pastries;</li>\r\n 	<li>Fruit juices for retail sale;</li>\r\n 	<li>Natural, Mineral water and aerated water;</li>\r\n 	<li>Beauty and make-up products, preparations for oral and dental hygiene, personal deodorants and antiperspirants, perfumed preparations;</li>\r\n 	<li>Soap and washing preparations used as soap for retail sale;</li>\r\n 	<li>Cutlery and kitchen utensils;</li>\r\n 	<li>Bath tubs, sinks, wash basins, toilets, toilet seats and covers thereof;</li>\r\n 	<li>Toilet paper, cosmetic paper, diapers and towels;</li>\r\n 	<li>Tableware, cutlery and kitchenware;</li>\r\n 	<li>Table glassware;</li>\r\n 	<li>Reinforced steel;</li>\r\n 	<li>Household appliances;</li>\r\n 	<li>Home and office furniture;</li>\r\n 	<li>Regular bicycles, motorbikes, motorized bikes;</li>\r\n 	<li>Watches;</li>\r\n 	<li>Lighting devices for home use;</li>\r\n 	<li>Toys;</li>\r\n 	<li>Textiles, clothing, furnishing, carpets, blankets and footwear except PPE and medical use clothes;</li>\r\n 	<li>Carpets;</li>\r\n 	<li>Footwear.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\"><strong>B. Impact on imports.</strong></p>\r\n<p class=\"p3\">All companies and factories that do not comply with the registration requirements will be prohibited from exporting their products to Egypt. The products of non registered entities have not been allowed to enter the territories of the Arab Republic of Egypt since mid-march 2016 after a two month grace period was granted to all exporters as from the issuance date of the Ministerial Decree in January 2016.</p>\r\n<p class=\"p3\">The GOEIC has constantly been deploying registrations as a deliberate practice to reduce demand on imports. The timeframe for completing registrations has increased from days or weeks to a time span of months.</p>\r\n<p class=\"p3\">It is expected that these measures will be abolished once the main problem of foreign currency is solved hopefully with the return of income generated by tourism and foreign direct investment.</p>'),
	(212628,5430,'core_values',''),
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	(99880,5428,'_content','field_59b649b5c8b2b'),
	(99881,5428,'lawUpdateArticleMonth','5401'),
	(99882,5428,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99883,5428,'content_description','The Labour Law in the Kingdom of Saudi Arabia has always been supplemented by secondary legislation.  The most significant of these, the Executive Regulations promulgated by Ministerial Resolution No. 693/1 of 29/2/1428H, have been replaced by the Executive Regulations promulgated by Ministerial Resolution No. 1982 dated 28/6/1437H (the “Regulations”). These came into effect on 22nd April 2016 and follow the amendments to the Labour Law that were introduced towards the end of last year. This article considers the amendments and their impact.  '),
	(99884,5428,'_content_description','field_59b641c07f473'),
	(99885,5428,'pageSummary','The Labour Law in the Kingdom of Saudi Arabia has always been supplemented by secondary legislation. The most significant of these, the Executive Regulations promulgated by Ministerial Resolution No. 693/1 of 29/2/1428H, have been replaced by the Executive Regulations promulgated by Ministerial Resolution No. 1982 dated 28/6/1437H (the “Regulations”). These came into effect on 22nd April 2016 and follow the amendments to the Labour Law that were introduced towards the end of last year. This article considers the amendments and their impact.'),
	(99886,5428,'_pageSummary','field_59e59b307dec8'),
	(99887,5428,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/new-executive-regulations-of-the-ksa-labour-law.html'),
	(99888,5428,'_currentURL','field_59d35123ab1e7'),
	(99889,5428,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','804'),
	(99890,5428,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(99891,5428,'lawUpdateArticleWriters','1'),
	(99892,5428,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(99893,5428,'_yoast_wpseo_metadesc','The Labour Law Regulations came into effect on 22nd April 2016 and follow the amendments to the Labour Law that were introduced towards the end of last year. Al Tamimi & Company considers the amendments and their impact.'),
	(212646,5403,'_edit_lock','1525540337:1'),
	(99894,5429,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">The Ministry of Commerce and Investment is currently in the latter stages of reforming the Kingdom’s bankruptcy laws and regulations. The new Law is intended to replace certain sections in the Commercial Court Law and the Bankruptcy Protecting Settlement Law dealing with bankruptcy.</p>\r\n<p class=\"p1\">The new Law comprises detailed rules designed to create a legal framework aimed at protecting the number and size of private investment projects through the preservation of the economic value that those projects add to the economy.  To achieve this, the new Law gives priority to the provision of assistance to debtors through reconciliation procedures for the debtor that is financially stressed, enabling reorganisation of the debtor’s business.</p>\r\n<p class=\"p2\">The new Law will adopt a number of mechanisms designed to increase the prospects of success of the above objectives.  As an example, a creditor may not be allowed to take any action against the debtor beyond the actions stipulated in the new Law.  One such available action will be to permit or prevent the implementation of enforcement requests on security interests (charges/mortgages) when enforcement could actually result in stopping a debtor from pursuing an opportunity to reach a settlement with all creditors.</p>\r\n<p class=\"p1\">The new Law also empowers the judicial authorities to oblige creditors to accept the arrangement proposed by a debtor that is in dire financial difficulties to settle its debts.  The judicial authorities may also prevent the parties involved in contracts with the debtor from exercising an option to terminate the relevant contract in circumstances where the termination relates to a debtor in default, in serious financial difficulty or even when the debtor is entering a stage of bankruptcy.</p>\r\n<p class=\"p2\">From the creditor’s perspective, the new Law recognises the importance of preserving creditors’ rights by distinguishing between debtors having a reasonable opportunity to resume their business where they can fulfil their obligations, from those debtors who are not expected to bring their business back to a level that could satisfy the creditors’ expectations and achieve settlement of their financial obligations.</p>\r\n<p class=\"p1\">It is also understood that there will be restrictions relating to debtors exercising certain rights against creditors.  For example, the majority of creditors must approve debt settlement arrangements, creditors must adhere to the ranking of the debts and some sort of priority may be given to those creditors that have not exercised their termination rights.</p>\r\n<p class=\"p1\">The new Law is expected to include a number of provisions particularly dealing with small and medium size companies in order to encourage the growth of these types of businesses.  Small and medium size entities facing financial difficulties will be treated differently in terms of rectifying those difficulties.</p>\r\n<p class=\"p1\">In addition, the new Law is also expected to be in line with the business activities report issued by the International Bank for 2015, which indicates that developed bankruptcy regulations provide solutions to maintain the continuity of projects that face financial difficulties, thereby enabling these projects to survive and then continue to operate efficiently.  The main purpose of any developed bankruptcy law is to bring back the debtor to its normal business practice as soon as possible and to increase the settlement of debts.</p>\r\n<p class=\"p1\">On the other hand, the new Law will address those projects that are faced with financial difficulties and lacking in operational efficiency to such an extent that the ability to continue is compromised.  In these circumstances, the new Law will propose liquidation and the placement of the remaining assets under proper management moving forward.</p>\r\n<p class=\"p1\">Whilst some legal commentators anticipate that the new Law will be issued during 2016, most will expect that this will not occur prior to the first quarter of 2017.</p>'),
	(161625,5429,'core_values',''),
	(161626,5429,'_core_values','field_59b64ab071de4'),
	(99855,5426,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Kuwait City, Kuwait'),
	(99856,5426,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(99857,5426,'lawUpdateArticleNoWriters','1'),
	(99858,5426,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(99859,5426,'_yoast_wpseo_metadesc','Driven by the need to diversify the State of Kuwait’s sources of income and the enhancement of its investment environment, Kuwait is currently witnessing substantial legislative and regulatory reform.'),
	(218801,7654,'education','2013 – <em>Juris Doctor (JD)</em>, South Texas College of Law\r\n\r\n2010 – <em>Bachelors of Business Administration (BBA)</em>, University of Texas at San Antonio'),
	(212645,5407,'_edit_lock','1525540173:1'),
	(99860,5427,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">According to the New Law, the official fees for filing a trademark application have increased from BHD 30 (USD $79) to BHD 100 (USD $265); the fee for obtaining a registration certificate has increased from BHD 60 (USD $160) to a staggering BHD 500 (USD $1,320); and, renewal fees have increased from BHD 60 (USD $160) to BHD 550 (USD $1,460).</p>\r\n<p class=\"p1\">The New Law not only increases the fees, it also sets additional non-extendable deadlines, such as the 90-day period from the date of the official notification, within which to complete the application (Article 6 of the New Law). At the same time, other deadlines have been modified, such as the time limit within which an appeal against a refusal of an application must be lodged, previously 30 days, which has now been set to 60 days (Article 7 of the New Law).</p>\r\n<p class=\"p1\">In general, the procedures for filing an application up to registration remain unchanged. Amongst the information to be provided in the application are the applicant’s name, the applicant’s representative’s name, a detailed description of the subject trademark, and the classes of goods and services covered by the trademark. As a next step, the Industrial Property Office examines the application within 90 days from the date of submission. Once the trademark has been accepted, the trademark will be published in the online Trademarks Special Publications Gazette.</p>\r\n<p class=\"p1\">A period of 60 days from the date of publication is provided to any third party who may want to file an opposition against the published trademark. If the trademark is published without any third party opposition, the trademark passes to the next phase also known as the registration phase. It should be further added that the registration is also published in the online Trademarks Special Publications Gazette.</p>\r\n<p class=\"p1\">The reason behind issuing the New Law and its implementing regulations, as issued by the GCC Commercial Cooperation Committee, is to enhance economic cooperation between the GCC countries. Although the implementing regulations determine the current official fees to be applied, the same regulations reaffirm that member states of the GCC may amend the mentioned official fees according to their own standards.</p>\r\n<p class=\"p1\">How this increase in the official fees will affect the number of trademark applications filed in Bahrain, and trademark prosecution as a whole, is a recurring question and one that will be answered by time. Nonetheless, it is possible that, due to the increase in fees, brand owners may forgo some trademark applications as a result of budget constraints. With a decrease in trademark registrations, brand owners might face more infringements to their brand, which begs the question whether the repercussions of the New Law may in fact undermine its very purpose, to foster economic growth. Time will tell.</p>'),
	(99861,5427,'_content','field_59b649b5c8b2b'),
	(99862,5427,'lawUpdateArticleMonth','5401'),
	(99863,5427,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99864,5427,'content_description','One of the subjects of note for lawyers, IP professionals and trademark owners recently is the noticeable increase in the official fees in relation to trademarks procedures in Bahrain; the increases have been implemented through GCC Law No. 6 of 2014 and its implementing regulations (the “New Law”). '),
	(99865,5427,'_content_description','field_59b641c07f473'),
	(99866,5427,'pageSummary','One of the subjects of note for lawyers, IP professionals and trademark owners recently is the noticeable increase in the official fees in relation to trademarks procedures in Bahrain; the increases have been implemented through GCC Law No. 6 of 2014 and its implementing regulations (the “New Law”).'),
	(99867,5427,'_pageSummary','field_59e59b307dec8'),
	(99868,5427,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/the-new-trademarks-law-in-bahrain-increase-in-fees-for-trademark-registration.html'),
	(99869,5427,'_currentURL','field_59d35123ab1e7'),
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	(161549,5427,'timeline_header',''),
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	(161545,5427,'stats_list',''),
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	(161544,5427,'_orderValue1','field_59d0c6e5175b5'),
	(99876,5427,'lawUpdateArticleNoWriters',''),
	(99877,5427,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(99878,5427,'_yoast_wpseo_metadesc','One of the subjects of note for lawyers, IP professionals and trademark owners recently is the noticeable increase in the official fees in relation to trademarks procedures in Bahrain; the increases have been implemented through GCC Law No. 6 of 2014 and its implementing regulations.'),
	(99879,5428,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>Introduction</strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The Regulations codify a number of the ministerial resolutions that followed in the wake of the Labour Law in 2005, and augment the recent amendments of October 2015.  They also update the Ministry of Labour’s template employer’s policy handbook – the Work Organisation Regulation - and, for the first time, introduce a standard form employment contract.  </span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">Key Points </span></strong></p>\r\n<p class=\"p2\">The key points to note in the Regulations are as follows:</p>\r\n<p class=\"p3\"><strong><span class=\"s1\">1. Temporary/Casual Contracts</span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">Temporary or casual employment contracts that continue beyond 90 days will become full employment contracts to which all of the provisions of the Labour Law will apply.</span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">2. Employment Handbook </span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The Employment Handbook will be in the standard form at Annex 1 to the Regulations and will be approved if adopted without modification, or if modified to include additional terms and conditions it will be approved following review by the Ministry of Labour provided that the modifications do not contradict the Labour Law, the Regulations and any applicable Ministerial Resolutions.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">Employers that have an existing Employment Handbook that has been approved by the Ministry of Labour are exempted from submitting it in the new standard form if it conforms to the Labour Law as amended and the Regulations.  If it does not conform then employers must submit an amended version for approval by the Ministry within six months of the Regulations coming into effect.</span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">3. Disabled Workers </span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">Employers with 25 or more employees who can provide work that can be performed by a disabled person are already obligated by Article 28 of the Labour Law to ensure that 4 per cent of their workforce is comprised of disabled employees.  The Regulations now define a disabled person as being any person who is proven through a medical report issued by the Ministry of Health or a government hospital or who holds an ID card issued by the Ministry of Social Affairs as suffering from one or more of the following permanent disabilities: </span></p>\r\n<p class=\"p1\"><span class=\"s1\">vision/hearing/mental/physical/motion disability, learning difficulties, speech difficulties, behavioural disorders, emotional disorders, autism or any other disability requiring any form of facilitating arrangements and services.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">Annex 3 to the Executive Regulations sets out a table of the facilitating arrangements and services that employers are required to make to modify and adapt the work conditions and physical environment to enable the disabled person to perform work.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">All employees can avail themselves of facilitating arrangements and services to enable them to perform the duties of their role if they can prove by a medical report issued by the Ministry of Health or government hospital that they are affected by a disease or disability which does not cause them to be absent from work for more than 120 days from the date of injury.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">The Regulations make it clear that disabled workers have the same rights and privileges as other workers.  Further, discrimination because of disability is made unlawful and disability may not itself be a reason for the refusal to employ or promote workers with a disability or to not allow them to benefit from vocational training programs if they have the ability to work.</span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">4. Holidays </span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">Where public holidays fall on the weekly rest days then the worker will be entitled to the same number of days holiday in lieu to be taken before or after the holiday.  Where public holidays fall on the days that the worker is on annual leave then this will be extended by the public holidays and where they coincide with days that the worker is on sick leave then the worker will be entitled to full pay for the holiday in addition to his entitlement to sick pay.  Where the National Day holiday coincides with either of the Eid holidays then the worker will not receive a day in lieu for it.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">Employees who take annual leave and fall sick will have their annual leave suspended until after the sick leave period expires at which point their annual leave shall resume.  Employees will not be compensated for weekly rest days that fall within any period of sick leave</span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">5. Expatriate Workers</span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The Regulations list the professions and job roles that expatriate workers cannot perform and which can only be occupied by Saudi nationals.  They also set out the conditions, controls and procedures for recruiting expatriate workers including the circumstances in which the Ministry of Labour may refuse applications for visas, and the circumstances in which the sponsorship of an expatriate worker can transfer to another employer and the conditions and procedures for transferring sponsorship. Further, they clarify the circumstances in which a transfer of sponsorship will not occur and the conditions and procedures for changing the profession of an expatriate worker.</span></p>\r\n<p class=\"p1\"><span class=\"s1\">The conditions under which the passports of non-Saudi national workers can be held by employers is also dealt with so that they cannot be acquired without their written consent; which must be given in the form approved by the Regulations.</span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">6. Training </span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The Regulations set out the conditions and rules that employers must follow to comply with Article 42 of the Labour Law to prepare their Saudi national workers to gradually replace their expatriate workforce, and the rules and standards for training of workers which are required by Article 44 of the Labour Law.</span></p>\r\n<p class=\"p2\"><strong>7. Codification of Ministerial Resolutions</strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The secondary legislation containing the rules and regulations regarding part-time workers further to Article 140 of the Labour Law, the procedures for notification of work injuries in accordance with Articles 141, and the employment of minors further to Article 161 set out in numerous ministerial resolutions is brought together for the first time under the Regulations.</span></p>\r\n<p class=\"p2\"><strong>8. Standard Form Contract</strong></p>\r\n<p class=\"p1\"><span class=\"s1\">A standard form employment contract is introduced by the Regulations with obligatory clauses which must be included in all contracts.    </span></p>\r\n<p class=\"p3\"><strong><span class=\"s1\">9. Miscellaneous</span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">The Regulations also deal with a number of other matters including:</span></p>\r\n\r\n<ul>\r\n 	<li>Setting out the procedure for agreeing an extension of the probationary period from 90 days to 180 days;</li>\r\n 	<li>Increasing the maximum annual overtime hours that an employee can be required to work without his consent;</li>\r\n 	<li>Defining the “preparatory or supplemental works” and “work that is intermittent by necessity” under Article 108 of the Labour Law and the roles of guard and janitor, and setting the limit on the working hours for preparatory or supplemental works, and intermittent work;</li>\r\n 	<li>Describing the rules regarding the entitlement of female employees to breastfeed a child of up to 24 months of age during working hours;</li>\r\n 	<li>Setting out the rules and procedures for the establishment of committees for applying penalties for breaches of the Labour Law and committees to hear objections or appeals against the application of penalties; and</li>\r\n 	<li><span class=\"s1\">Detailing the time periods for rectifying a breach of the Labour Law which is one month from the date a penalty is applied and time limit for payment of a penalty fine which is 15 business days from the date of the notification of the administrative resolution or final judgment imposing the fine.</span></li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p3\"><strong><span class=\"s1\">Recommended Steps for Employers</span></strong></p>\r\n<p class=\"p1\"><span class=\"s1\">Employers will rightly want to focus on reviewing their employment contracts and the Work Organisation Regulation to ensure they are compliant with the standard form documents.  Where contracts have not been reviewed in recent times then employers will want to take this opportunity to bring them up to date with the Labour Law amendments.  Sickness and annual leave policies should also be reviewed to deal with weekly rest days and sickness absences that coincide with public holidays and annual leave.  Finally, employers with disabled staff or those who qualify for facilitating arrangements and services will have to ensure that they have in place the workplace adaptations required by Annex 3 of the Regulations.  </span></p>'),
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	(161597,5428,'related_pages_header',''),
	(99854,5426,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(99852,5426,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(99853,5426,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','h.abdelrazek@tamimi.com'),
	(99850,5426,'_currentURL','field_59d35123ab1e7'),
	(99851,5426,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','El Hassan Abdelrazek'),
	(99842,5426,'_content','field_59b649b5c8b2b'),
	(99843,5426,'lawUpdateArticleMonth','5401'),
	(99844,5426,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99845,5426,'content_description','Driven by the need to diversify the State of Kuwait’s sources of income and the enhancement of its investment environment, Kuwait is currently witnessing substantial legislative and regulatory reform. Numerous laws and regulations are being issued to replace outdated legislation that was unable to keep up with the ever changing investment environment.  '),
	(99846,5426,'_content_description','field_59b641c07f473'),
	(99847,5426,'pageSummary','Driven by the need to diversify the State of Kuwait’s sources of income and the enhancement of its investment environment, Kuwait is currently witnessing substantial legislative and regulatory reform. Numerous laws and regulations are being issued to replace outdated legislation that was unable to keep up with the ever changing investment environment.'),
	(99848,5426,'_pageSummary','field_59e59b307dec8'),
	(99808,5424,'_content','field_59b649b5c8b2b'),
	(99809,5424,'lawUpdateArticleMonth','5401'),
	(99810,5424,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99811,5424,'content_description','The Sultanate’s nascent competition and anti-trust law has not yet been litigated or applied by way of enforcement action.  That is no reason, however, for potential acquirers of business assets in the territory, whether by way of asset purchase, share purchase or certain joint venture arrangements, to not be aware of the law and ensure they comply with it. '),
	(99812,5424,'_content_description','field_59b641c07f473'),
	(99813,5424,'pageSummary','The Sultanate’s nascent competition and anti-trust law has not yet been litigated or applied by way of enforcement action. That is no reason, however, for potential acquirers of business assets in the territory, whether by way of asset purchase, share purchase or certain joint venture arrangements, to not be aware of the law and ensure they comply with it.'),
	(99814,5424,'_pageSummary','field_59e59b307dec8'),
	(99815,5424,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/competitive-edge-competition-and-anti-monopoly-law-in-oman.html'),
	(99816,5424,'_currentURL','field_59d35123ab1e7'),
	(99817,5424,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','600'),
	(99818,5424,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(99819,5424,'lawUpdateArticleWriters','1'),
	(99820,5424,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(99821,5424,'_yoast_wpseo_metadesc','As we see more clients with significant market power acquire business assets in the territory, we find ourselves having to advise that transactions must be notified to the Authority for clearance before consummation.'),
	(99822,5425,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">By virtue of Article 41 of the Customs Law, infringing products are prohibited from being imported into Jordan. Article 41 lists the courses of action in relation to imported infringing goods. Specifically, seizure and notification of the holder of the right by virtue of Article 41(D) of the Customs Law, which states that:</p>\r\n<p class=\"p1\">“The director or a customs officer duly authorized by the director may halt the procedures of clearing and releasing of goods, if he is convinced based on clear evidence that there is an infringement of intellectual property right in cases of copyright infringement and trademark counterfeiting ….</p>\r\n<p class=\"p1\">It is also imperative to note that Article 171 of the Customs Law states that Customs Department officials,  while carrying out their duties, shall be considered as Judicial Officers, within the limits of their specialities.</p>\r\n<p class=\"p1\">In the event that a shipment is imported containing infringing goods, then such shipment would be seized and the clearance and release procedures would be halted by the Customs officials with the holders of the right being notified of the same.  There are two Customs Departments in Jordan that a right-holder must register with in order to fully be protected: One is the Central Customs Department and the other is the Aqaba Special Economic Zone Authority’s Customs Department. Each has a separate registration system, as follows:</p>\r\n<p class=\"p3\"><strong>1.   Jordanian Customs Department:</strong></p>\r\n<p class=\"p1\">The authority covers all Jordan and all its borders except for Aqaba. The privileges and protection afforded to trademarks registered with the Customs Department allows the same to carry out an inspection on any goods entering Jordan, for the purpose of verifying the authenticity of the imported goods. Should any doubts arise in relation to the authenticity of the goods, the department will seize the goods and notify the registered legal representatives of such goods. The registration with this authority shall stay valid as long as the mark is valid.</p>\r\n<p class=\"p3\"><strong>2.   Aqaba Special Economic Zone Authority (“ASEZA”).</strong></p>\r\n<p class=\"p1\">Registration with ASEZA may prove especially useful in protecting any registered trademark, in light of it being the only sea port point of entry into Jordanian Territories. Registration with ASEZA allows for the notification of the owner of a trademark, via their registered legal representative, of any suspected counterfeit goods imported into the area. Further, a registration certificate is granted to any trademark registered in ASEZA to testify the same. However, unlike the Jordanian Customs Department, the registration with ASEZA would require annual renewal.</p>\r\n<p class=\"p2\">Registration with one of the above authorities does not extend the protection cover granted thereby to the other, as the Aqaba Special Economic Zone is a separate zone from any other Jordanian territory, governed by a specific and differentiated set of laws. Therefore, it is recommended to record the trademarks with both authorities in order to ensure a wider protection that covers all entry points to the country.</p>\r\n<p class=\"p2\">The following documents are required to carry out registration with the above-mentioned authorities:</p>\r\n\r\n<ul>\r\n 	<li>Duly notarized Power of Attorney, appointing the legal representative.</li>\r\n 	<li>Certified copy of the registration certificate of the relevant trademarks.</li>\r\n 	<li>CD including a soft copy of the trademark.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">A registration request is then submitted to the Jordanian Customs Department and ASEZA Customs Authority, containing the number of trademarks and their classes for the purpose of registering the trademarks. This should also include the logo(s).</p>\r\n<p class=\"p1\">The Customs authority would, after halting the procedures, notify the importer and right-holder, as per the contact information recorded, of the decision to suspend the clearance and release procedures. The contacted legal representative of the right-holder is then shown the suspected goods and the same shall have the right to photograph the suspected goods for the purposes of confirming the suspicion by the right-holder.</p>\r\n<p class=\"p1\">According to Article 41(D)(2) of the Customs Law, if the Customs Department is not notified that a case has been filed within eight days from the date of notifying the right-holder (or their legal representative) of the decision to suspend the clearance and release procedures, then the goods shall be released after it is confirmed that all legal importation requirements have been met.</p>\r\n<p class=\"p1\">Therefore, a right-holder must register a claim before the competent court within this period in order to be protected. A letter will then be issued by the court, informing the Customs Department to not release the goods until a final and binding decision has been issued regarding the claim.</p>\r\n<p class=\"p1\">The claim registered in court would be based on Article 37 of the Jordanian Trademark Law No. 33 of 1952, which states the offences and punishments as follows:</p>\r\n<p class=\"p1\">“1- Whomever commits any of the following deeds, with the intention to deceive, shall be penalized by an imprisonment term of no less than three months and no more than one year, or a fine of no less than 100 Jordanian Dinars and of no more than 6000 Jordanian Dinars or both penalties:</p>\r\n\r\n<ul>\r\n 	<li>counterfeits a trademark registered under the law, imitates it in any other way that misleads the public, or affixes a counterfeit or imitated mark on the same class of goods for which a trademark had been registered.</li>\r\n 	<li>illegally uses a trademark owned by another on the same class of goods for which that trademark is registered.</li>\r\n 	<li>sells, posses for the purpose of selling or offers for sale, goods bearing a trademark whose use is regarded as an offense under paragraphs (A) and (B) of this Article if they had knowledge of the same beforehand.</li>\r\n</ul>\r\n<p class=\"p1\">2- Notwithstanding what is mentioned in paragraph 1 of this Article, whoever sells, or offers for sale, or possesses for the purpose of selling goods bearing a trademark whose use is regarded as a crime by virtue of paragraphs (A) and (B) of clause 1 shall be penalized by a fine of no less than 50 Jordanian Dinars and no more than 500 Jordanian Dinars…”</p>\r\n<p class=\"p1\">In the event that the claim succeeds, a penalty in the range set out above will be imposed. Additionally, in practise, the court also orders that the goods which are the subject matter of the claim be destroyed, with the costs of such destruction being usually borne solely by the infringing party.</p>\r\n<p class=\"p1\">There is currently a new  draft Customs Law currently being discussed in Parliament. The proposed law shall extend the legal period to file a claim after being notified, from eight days to ten working days as of the day following notification. This is an important change as it would afford right holders more time to confirm and communicate with their legal representatives and would no longer count weekends and holidays as part of the legal period, further protecting intellectual property rights.</p>'),
	(161487,5425,'core_values',''),
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	(99823,5425,'_content','field_59b649b5c8b2b'),
	(99824,5425,'lawUpdateArticleMonth','5401'),
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	(99826,5425,'content_description','The Jordanian Customs Department plays an important role in the enforcement of a protected right. Specifically, the Intellectual Property Unit within the Customs Department is the authority responsible for the protection of Intellectual Property rights, Trade Mark rights and other related rights. Intellectual Property rights are defined under Article 43 of the Customs Law No. 20 of 1998 (the ”Customs Law”) as copyrights and related rights, trademarks, patents, layout-designs of integrated circuits, undisclosed information, industrial designs, industrial models and geographical indications.'),
	(99827,5425,'_content_description','field_59b641c07f473'),
	(99828,5425,'pageSummary','The Jordanian Customs Department plays an important role in the enforcement of a protected right. Specifically, the Intellectual Property Unit within the Customs Department is the authority responsible for the protection of Intellectual Property rights, Trade Mark rights and other related rights. Intellectual Property rights are defined under Article 43 of the Customs Law No. 20 of 1998 (the ”Customs Law”) as copyrights and related rights, trademarks, patents, layout-designs of integrated circuits, undisclosed information, industrial designs, industrial models and geographical indications.'),
	(99829,5425,'_pageSummary','field_59e59b307dec8'),
	(99830,5425,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/customs-law-in-jordan.html'),
	(99831,5425,'_currentURL','field_59d35123ab1e7'),
	(161480,5425,'_timeline_header','field_59b63de5b74bf'),
	(161479,5425,'timeline_header',''),
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	(161475,5425,'stats_list',''),
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	(161474,5425,'_orderValue1','field_59d0c6e5175b5'),
	(99838,5425,'lawUpdateArticleNoWriters',''),
	(99839,5425,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(99840,5425,'_yoast_wpseo_metadesc','The Jordanian Customs Department plays an important role in the enforcement of a protected right. Specifically, the Intellectual Property Unit within the Customs Department is the authority responsible for the protection of Intellectual Property rights, Trade Mark rights and other related rights.'),
	(218800,7654,'_languages','field_59b270e3b438f'),
	(99841,5426,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">While the regulatory reform covers many areas, the Capital Market Authority (the “Authority”) has recently issued new by laws, which arguably remain one of the most significant legislative changes Kuwait has witnessed in a generation.</p>\r\n<p class=\"p2\">The new bylaws were issued in early November 2015 and, for most part, repeal the previous bylaws issued in 2010 and most of the resolutions and circulars issued by the Authority’s Board of Commissioners from 2011 to 2015. The new bylaws are broken down into 16 ‘Books’ covering many aspects of the capital markets and securities regulatory system. One of the most important books of the bylaws however, is Book 11, which addresses the dealing and trading in securities, among several other issues that pertain to the issuance and offering of securities in Kuwait.</p>\r\n<p class=\"p1\">One of the most important characteristics of Book 11 is that it bifurcates the issuance process (chapters 1 and 2) from the offering process (chapter 5). The requirements for each, as will be further illustrated below, depend on a number of factors, including the nature of the issuer (i.e. a Kuwaiti or foreign entity), the issuance mechanism (i.e. directly by the issuer or indirectly through a special purpose vehicle), and the targeted investors (i.e. the public or to certain qualified/professional investors).</p>\r\n<p class=\"p1\">While Book 11 contains 14 chapters, we shall focus on chapters 1,2 and 5.</p>\r\n<p class=\"p3\"><strong>Chapters 1 and 2</strong></p>\r\n<p class=\"p2\">Generally speaking, Book 11 applies to the issuance of any “security” whatever its nature or purpose of issuance. Companies may not issue “securities”, whether directly or indirectly (i.e. through a special purpose vehicle) or offer the same for subscription by any third party unless the approval of the Authority has been secured.</p>\r\n<p class=\"p1\">It is important to note that “securities” is defined under the bylaws as any deed or instrument  of whatever legal form evidencing a share in a tradable funding process that is licensed by the Authority, such as:</p>\r\n\r\n<ul>\r\n 	<li>Shares issued by or proposed to be issued in a company’s capital.</li>\r\n 	<li>Any instrument creating or declaring a debt issued or to be issued by a company.</li>\r\n 	<li>Loans, bonds, sukuk and other instruments transferrable into shares in the capital of a company.</li>\r\n 	<li>All general debt instruments which are tradable, issued by various government bodies, public authorities or institutions.</li>\r\n 	<li>Any right, option or derivatives related to any securities.</li>\r\n 	<li>Units in collective investment schemes.</li>\r\n 	<li>Any paper or deed which the Authority considers as a security for the objectives of implementing the law and regulations.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">It is worth noting, however, that commercial papers such as cheques, bills of exchange and bearer bonds are not considered securities, as well as documentary credits, cash transfers and instruments traded exclusively by banks, insurance policies and rights of beneficiaries arising from retirement funds.</p>\r\n<p class=\"p1\">For the purposes of issuing securities, Kuwaiti entities, specifically shareholding companies, must secure the Authority’s approval for such issuance. The issuance approval process is necessary whether the issuance of the securities is direct or indirect. Bonds and sukuk may be issued by shareholding companies directly, or indirectly through a special purpose vehicle that is established either onshore or offshore. Chapter 7 of Book 11 promulgates the rules and regulations regarding the establishment and governance of onshore special purpose vehicles in more detail.</p>\r\n<p class=\"p1\">For the purposes of the issuance approval process, a template application outlining the necessary information regarding the particulars of the underlying securities must be completed and submitted to the Authority. Along with the said application, a set of documents, most notably, the constitutional and financial documents of the issuer, evaluation of the real estate assets backing the securities (if any) and a rough draft of the prospectus (where applicable) are also submitted to the Authority for review and approval. The Central Bank of Kuwait’s approval is required by the Authority as a prerequisite for banks and financial institutions licensed by the Central Bank.</p>\r\n<p class=\"p1\">The expected timeline for the Authority to review and accept or decline the issuance approval application is 30 days from receipt of all necessary documents and information to the Authority.  The Authority’s approval of the application, however, does not necessarily mean that the securities may be offered immediately. While that may be the case in instances where the issuance is exclusively taking place outside of Kuwait, the offering of securities in Kuwait, whether on public or private placement basis, requires an approved prospectus that is compliant with the rules and regulations of the Authority.</p>\r\n<p class=\"p3\"><strong>Chapter 3</strong></p>\r\n<p class=\"p1\">This chapter sets out the evaluation of in-kind shares, whether tangible or intangible. In the event that the share capital of an entity, upon incorporation or upon the increase in the issued capital, includes in-kind shares, or in the event the subscription consideration in a security is in-kind and non-cash, the in-kind share must be evaluated by a company licensed by the Authority to undertake “asset evaluation” activities. The rules and regulations pertaining to the licensed activities in general, and asset evaluation in particular, are set out in Book 5 of the byelaws.</p>\r\n<p class=\"p1\">The evaluation of in-kind assets could be requested by the issuer of the securities and the shareholders thereof, or by the court in the event of asset foreclosure.</p>\r\n<p class=\"p3\"><strong>Chapter 4</strong></p>\r\n<p class=\"p1\">For the purposes of issuing bonds and sukuk, the issuer, in the event of direct issuance, or the obligor, in the event of indirect issuance through a SPV, must provide to the Authority one or more reports issued by a credit rating agency. The rating itself is also an activity that requires prelicensing by the Authority. The rules and regulations pertaining to rating agencies are also included under Book 5 of the bylaws.</p>\r\n<p class=\"p1\">With the exception of public offerings of bonds and sukuk, the Authority may exempt the issuer or obligor from the rating agency report requirement.</p>\r\n<p class=\"p3\"><strong>Chapter 5</strong></p>\r\n<p class=\"p2\">Chapter 5 sets out the requirements for the offering of securities in Kuwait by Kuwaiti or foreign entities, when such offering targets certain qualified or professional investors. In essence, no securities may be offered in Kuwait, whether by a Kuwaiti or foreign issuer, on a public or private placement basis, unless the securities were offered pursuant to an approved prospectus that is prepared in accordance with the rules and regulations of the Authority.</p>\r\n<p class=\"p1\">The Authority’s requirements for the prospectus differs according to the nature of the targeted investors. For instance, the requirements for a prospectus in the context of public offering, where the securities are offered to members of the public, is different than the requirements of the prospectus in the context of a private placement offering, where the securities are offered to qualified/professional investors.</p>\r\n<p class=\"p1\">Due to the nature and scale of the public offering, the information required by the Authority in relation to the prospectus is quite detailed and exhaustive. The required information is outlined under Chapter 5 and includes, the particulars of the securities being offered and rights assimilated thereto, the redemption mechanics of the securities, and extensive information regarding the issuer. It is worth noting that the public offering prospectus must be prepared and submitted to the Authority in Arabic (or translated into Arabic). Generally speaking, the detailed nature of the information required for a public offering, in addition to the requirement for an Arabic translation of the same, lengthens the approval process.</p>\r\n<p class=\"p1\">The Authority’s requirements for the private placement’s prospectus are less onerous. It is worth noting that while the Authority also requires an Arabic version of the private placement prospectus, the required information in is not necessarily as extensive and detailed. However, the private placement prospectus must, at minimum, provide the necessary information required under clauses 5-11 of Chapter 5 (additional information in the prospectus will be required in relation to offering of bonds and sukuk).</p>\r\n<p class=\"p5\">A “qualified investor” or “professional investor” is defined under the bylaws as:</p>\r\n\r\n<ul>\r\n 	<li>A government, public authority, central bank or international organisation (e.g. the World Bank or International Monetary Fund).</li>\r\n 	<li>Entities licensed by the Authority, and other financial institutions subject to supervisory bodies inside or outside the State of Kuwait.</li>\r\n 	<li>A company whose paid up capital is not less than one million Kuwaiti dinar or the equivalent.</li>\r\n 	<li>An investor who has dealings or trading in securities in large or medium volumes is not less than 250,000 Kuwaiti dinar in each quarter for the past two years.</li>\r\n 	<li>The volume of funds and assets of the investor in one authorised person or more is not less than the value of 100,000 Kuwaiti dinar.</li>\r\n 	<li>The investor is working or worked previously in the financial sector for at least one year in a professional position, which requires knowledge of the transactions or services to be provided to him.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">Finally it is also worth noting that, with exception to premium shares, shareholding companies may issue or offer shares for subscription without the need to obtain approval of their prospectus in any of the following circumstances:</p>\r\n\r\n<ul>\r\n 	<li>An invitation to no more than 50 persons in the State of Kuwait to subscribe in shares.</li>\r\n 	<li>An issue or offer shares of a total value not exceeding 1,000,000 Kuwaiti dinar within a period of 12 months from the date of the last issue.</li>\r\n 	<li>An issue of shares representing not more than 10% of the last issue of the same category of shares within a period not exceeding 12 months.</li>\r\n 	<li>An issue of bonus shares to be distributed in the form of dividends to the shareholders.</li>\r\n 	<li>An issue of shares within a personnel shares purchase option system.</li>\r\n 	<li>An issue of shares to the issuer’s creditors for the purpose of restructuring its debts.</li>\r\n 	<li>Any other cases determined by the Authority.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">In any event, no promotional advertisements may be addressed to the public to subscribe in the said shares by using means available to the public.</p>\r\n<p class=\"p1\">To the extent that the necessary information and documents are duly submitted to the Authority, the prospectus shall be effective after the lapse of 30 days, unless the Authority issues in writing its approval or rejection to the same. We note that in reality, however, the said timeframe may be extended.</p>'),
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	(99791,5423,'_content','field_59b649b5c8b2b'),
	(99792,5423,'lawUpdateArticleMonth','5401'),
	(99793,5423,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99794,5423,'content_description','In line with Qatar National Vision 2030 and the hosting of the 2022 World Cup, Qatar has taken measures to stimulate many of its vital sectors by providing financial support and issuing related regulatory legislation and incentives mainly in the fields of infrastructure, hospitality, health, technology, media and telecommunications.'),
	(99795,5423,'_content_description','field_59b641c07f473'),
	(99796,5423,'pageSummary','In line with Qatar National Vision 2030 and the hosting of the 2022 World Cup, Qatar has taken measures to stimulate many of its vital sectors by providing financial support and issuing related regulatory legislation and incentives mainly in the fields of infrastructure, hospitality, health, technology, media and telecommunications.'),
	(99797,5423,'_pageSummary','field_59e59b307dec8'),
	(99798,5423,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/qatar-stimulates-tmt-sector-growth.html'),
	(99799,5423,'_currentURL','field_59d35123ab1e7'),
	(99800,5423,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','692'),
	(99801,5423,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(99802,5423,'lawUpdateArticleWriters_1_lawUpdateArticleWriter','709'),
	(99803,5423,'_lawUpdateArticleWriters_1_lawUpdateArticleWriter','field_59da2ac06b065'),
	(99804,5423,'lawUpdateArticleWriters','2'),
	(99805,5423,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(99806,5423,'_yoast_wpseo_metadesc','Qatar has taken measures to stimulate many of its vital sectors by providing financial support and issuing related regulatory legislation and incentives mainly in the fields of infrastructure, hospitality, health, technology, media and telecommunications.'),
	(99807,5424,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>The Law</strong></p>\r\n<p class=\"p1\">In Oman the Consumer Protection Authority (the ‘Authority’), amongst its other significant powers and duties, regulates the recently promulgated anti-trust and competition law.  The law was brought in to force by publication, in the Official Gazette, of the Competition Protection and Anti-Monopoly Law, issued by Sultani Decree number 67/2014 (the ‘Law’).</p>\r\n<p class=\"p1\">As we see more clients with significant market power acquire business assets in the territory, we find ourselves having to advise that transactions must be notified to the Authority for clearance before consummation.</p>\r\n<p class=\"p3\"><strong>Key concepts</strong></p>\r\n<p class=\"p1\">For the purpose of this article we set out the Law’s definitions of “Dominance” and “Economic Concentration”:</p>\r\n\r\n<ul>\r\n 	<li>‘Dominance’ means the ability of a person or group of persons acting together to ‘directly or indirectly’ co-engagein control over the concerned market, and hence, acquiring a rate exceeding (35%) thirty-five percent of the volume of this particular market.</li>\r\n 	<li>‘Economic Concentration’ means any act which leads to partial or full transfer of the assets, shares, interests, benefits or liabilities from one person to another or establishment of unions or mergers or combination of two managements or more under one common management which results in a person or groups of persons being in a dominant position in direct or indirect way.</li>\r\n</ul>\r\n<p class=\"p3\"><strong>Notification of prospective transactions</strong></p>\r\n<p class=\"p1\">Pursuant to Article 11 of the Law the persons who wish to carry out any act which would result in an economic concentration must submit a written request to the Authority informing the Authority about the proposed arrangements.  The Law is entirely clear that this requirement is mandatory.</p>\r\n<p class=\"p1\">The Law is clear that notifiable transactions include: (a) share acquisitions; (b) asset sale and purchase transactions; (c) joint ventures; and (d) contractual arrangements that have the effect of establishing market dominance in the hands of an entity or entities acting in concert. Minority share acquisitions are not caught and only full function joint ventures are caught, although attempts to circumvent are unlikely to succeed given the way the economic concentration definition, cited above, has been drawn.</p>\r\n<p class=\"p1\">The Law is silent on the point of who is responsible for notification but the presumption is that the acquirer is responsible for this.</p>\r\n<p class=\"p1\">The Authority has to consider the application and issue a decision within a period not exceeding 90 days from the date of receipt.  If this period lapses without considering the application this should mean an implied consent.  The acts or subject matter of the application, cannot be completed without the issuance of the Authority’s decision or lapse of the period mentioned.</p>\r\n<p class=\"p3\"><strong>Penalties and appeals</strong></p>\r\n<p class=\"p1\">Failure to notify is currently punishable by imprisonment (between one month and three years) and/or a fine between RO10,000.00 (circa USD$26,000) and RO100,000.00.</p>\r\n<p class=\"p2\">The applicant may appeal against any decision of the president of the Authority within 60 days in case of rejection of the application.  The appeal shall be considered within 30 days from the date of submission.  The lapse of the cited period without a response from the Authority shall be construed as an acceptance of the appeal.</p>\r\n<p class=\"p1\">The Authority may cancel any approval if it becomes aware that the information provided by the applicant(s) is not accurate or is fraudulent.</p>\r\n<p class=\"p3\"><strong>The 50% threshold</strong></p>\r\n<p class=\"p1\">The Law provides that no transaction will be approved which leads to economic concentration through acquisition of more than 50% of the relevant market.  Despite this, in certain cases it can be argued that a party, or the parties, to a proposed transaction are already in control of the relevant market and therefore unconditional clearance should be granted. The force of that argument cannot be guaranteed, however, and it is open to the Authority to impose conditions to any approval it grants (such as a prohibition on price rises for a period, for example).  A thorough analysis of each specific set of circumstances and their merits should always be undertaken in any relevant situation.</p>\r\n<p class=\"p3\"><strong>Conclusions</strong></p>\r\n<p class=\"p1\">The current practice at the Authority is still evolving and there is some lack of clarity as to how and when the relevant provisions will be meaningfully enforced.  Despite the lack of enforcement action to date, acquirers are advised to comply with the Law even where it is tending to be ‘more observed in the breach’ at present. While this is, of course, our advice in all areas, we consider it particularly prudent in these matters.  We say such given the sanctions mention above and the scope for future measures which could well be applied retrospectively.  It is maybe not too cynical to think that significant market players, who choose not to exercise such prudence, may well look like attractive and legitimate candidates for fines, as governmental bodies look to increase revenues while oil prices are depressed.</p>\r\n<p class=\"p1\">From the analysis above we can confirm our opinion that any well advised acquirer should seek clearance from the Authority in respect of any qualifying transaction.  Further, it must follow that it is best to err on the side of caution when analysing whether a transaction should or should not be notified.</p>\r\n<p class=\"p1\">Our experiences of these matters indicate that the Authority tends to make a determination well ahead of the 90 day time limit.  We have seen decisions returned within two weeks of application where any request for further information from the parties is delivered promptly.  Applications must, of course, always be handled sensitively, with due deference to the prevailing business interests of all parties involved.</p>'),
	(161417,5424,'core_values',''),
	(161418,5424,'_core_values','field_59b64ab071de4'),
	(161419,5424,'file',''),
	(99776,5422,'_content','field_59b649b5c8b2b'),
	(99777,5422,'lawUpdateArticleMonth','5401'),
	(99778,5422,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99779,5422,'content_description','The technology, media and telecommunications (“TMT”) sector is one of the fastest growing sectors in Iraq, which has opened doors to the investment projects, as it responds to global innovation and the development of new technologies.'),
	(99780,5422,'_content_description','field_59b641c07f473'),
	(99781,5422,'pageSummary','The technology, media and telecommunications (“TMT”) sector is one of the fastest growing sectors in Iraq, which has opened doors to the investment projects, as it responds to global innovation and the development of new technologies.'),
	(99782,5422,'_pageSummary','field_59e59b307dec8'),
	(99783,5422,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/an-insight-into-the-communication-sector-in-iraq.html'),
	(99784,5422,'_currentURL','field_59d35123ab1e7'),
	(99785,5422,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','620'),
	(99786,5422,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(99787,5422,'lawUpdateArticleWriters','1'),
	(99788,5422,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(99789,5422,'_yoast_wpseo_metadesc','The technology, media and telecommunications (“TMT”) sector is one of the fastest growing sectors in Iraq, which has opened doors to the investment projects, as it responds to global innovation and the development of new technologies.'),
	(99790,5423,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">In relation to technology, media and telecommunications, Qatar’s commitment to support these sectors has seen the formation of the Ministry of Transport and Telecommunications and the Ministry of Culture and Sports. These two recently-established Ministries are intended to consolidate efforts and focus on the development of the technology, media, telecommunications and sports sectors, as well as securing various expertise required to meet market demands.</p>\r\n<p class=\"p1\">To further assist in the growth and development of these areas, an array of legislation has been issued, which aims at regulating these sectors and setting out related investment rules. While the general rule for foreign investment in Qatar is that a local Qatari partner must hold at least 51% of the shares of any business to be established in Qatar, the Qatar Foreign Investment Law No. 13 of 2000 as amended (the “Foreign Investment Law”) exempts governmental projects from the application of this rule. In particular, the Foreign Investment Law permits a foreign investor to establish a branch office (the “Branch”) that can be utilised in circumstances where a foreign investor is performing a specific governmental-related contract in Qatar in various sectors, including technology, media and telecommunications. Such a Branch shall be allowed to perform the specific contract for which it is registered and a Qatari partner is not necessary.</p>\r\n<p class=\"p1\">The Foreign Investment Law also exempts some sectors from the application of the general rule, one such sector being information technology services.</p>\r\n<p class=\"p1\">Furthermore, in response to substantial technological advancements, the Supreme Council of Information and Communications Technology drafted Qatar’s first comprehensive e-Commerce law in 2010. The Electronic Commerce and Transactions Law No. 16 of 2010 (the “E-Commerce Law”) was enacted with the aim of facilitating and providing a clear legal framework to address matters such as electronic transactions and electronic signatures.</p>\r\n<p class=\"p1\">The E-Commerce Law also allowed for electronic or data messages to be used where a law requires that information or documents be in writing. This is provided that the information or document is accessible so as to be used for subsequent reference by every person that has a right to access the information or document. This was considered as a considerable development in evidentiary requirements for courts in Qatar.</p>\r\n<p class=\"p1\">Although the application of some of these initiatives may face practical challenges, they reflect Qatar’s vision to support the development of its economy and infrastructure and to develop the sectors including technology, media and telecommunications, by making it easier for foreign investors to do business in certain fields and modernising the ways in which commerce can be undertaken.</p>'),
	(99761,5421,'_content','field_59b649b5c8b2b'),
	(99762,5421,'lawUpdateArticleMonth','5401'),
	(99763,5421,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(99764,5421,'content_description','E-hailing, which is a relatively new term, is defined as the process of ordering a car, taxi, limousine, or any other form of transportation pickup via one’s own mobile, tablet or computer. '),
	(99765,5421,'_content_description','field_59b641c07f473'),
	(99766,5421,'pageSummary','E-hailing, which is a relatively new term, is defined as the process of ordering a car, taxi, limousine, or any other form of transportation pickup via one’s own mobile, tablet or computer.'),
	(99767,5421,'_pageSummary','field_59e59b307dec8'),
	(99768,5421,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/jun-jul/regulating-app-based-e-hail-taxi-services-in-dubai.html'),
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	(99773,5421,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(99774,5421,'_yoast_wpseo_metadesc','E-hailing, which is a relatively new term, is defined as the process of ordering a car, taxi, limousine, or any other form of transportation pickup via one’s own mobile, tablet or computer.'),
	(99775,5422,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">The technology, media and telecommunications (“TMT”) sector is one of the fastest growing sectors in Iraq, which has opened doors to the investment projects, as it responds to global innovation and the development of new technologies. Hence, the Iraqi government is encouraging foreign companies to invest in this field, which is a huge technology contest that generates a competing environment among the companies to provide their best services.</p>\r\n<p class=\"p1\">The TMT sector has witnessed, in the past few years, a substantial growth in respect of direct foreign investments, specifically in the field of internet and telecommunication services. In this article we will focus on the most important laws and regulation that govern this sector and the facilities thereof.</p>\r\n<p class=\"p1\">In 2004 the Coalition Provisional Authority (“CPA”) issued Order No. 65, the main objectives of which is to develop the communication infrastructure, which requires a predictable and sound regulatory regime that is conducive to attracting investments to this sector and to establishing the framework for full and fair competition among all providers.</p>\r\n<p class=\"p1\">In order to attract private sector investment and promote public confidence and accountability, by establishing an open and transparent regulatory organisation that reflects the international best practices, Order No. 65 established the Iraqi Communication and Media Commission ( “CMC”).  In accordance with the Iraqi Constitution and Order No. 65, the CMC is deemed to be an independent entity and non-profit-making administrative institution, which is solely responsible for regulating and licensing telecommunications, broadcasting, information services and other media in Iraq, and shall be committed to the principles of objectivity, transparency, non-discrimination, proportionality and due process in carrying out its duties.</p>\r\n<p class=\"p1\">It is hoped that this initiative will place the communications sector as an engine of growth in the Iraqi economy, as it becomes an area of increasing employment opportunities in Iraq, in contradiction with the investment status in this field during the era of the former regime, which was close to non-existent with employment opportunities limited to those provided by the Iraqi Telecommunication and Post Company(“ITPC”) - the sole entity entrusted to manage and regulate the communication process in Iraq.</p>\r\n<p class=\"p3\"><strong>The Role of the Regulators in Telecommunications</strong></p>\r\n<p class=\"p1\">Two governmental entities are competent to govern telecommunications licensing in Iraq - the CMC and the Ministry of Communications (“MoC”). The MoC operates two state-owned companies - the ITPC and the State Company for Internet Services (“SCIS”). The ITPC is responsible for the fibre optic network, the microwave backbone and limited Fixed Wireless Local Loop (WLL) CDMA network, whilst the SCIS is handling the internet subscribers and internet communication in Iraq, providing wireless internet access for government agencies, DSL and Dial up VOIP services and internet protocol (IP) address registration.</p>\r\n<p class=\"p1\">The CMC is the primary regulatory body in Iraq and is responsible for regulating telecommunications and media, promulgating policy for frequency management, and licensing wireless and telecommunications services. The CMC is Iraq’s first independent media and telecommunications regulator. The following are the most important licenses that the CMC grants:</p>\r\n<p class=\"p3\"><strong>1) Satellite Communications Stations (VSAT) </strong></p>\r\n<p class=\"p1\">Upon obtaining the VSAT license, the licensee shall be authorised on a non-exclusive basis to provide the following services, on a retail and wholesale basis, in the licensed region and within the license term:</p>\r\n\r\n<ul>\r\n 	<li>VSAT date services;</li>\r\n 	<li>VSAT Internet services;</li>\r\n 	<li>VSAT VOIP;</li>\r\n 	<li>VSAT backhaul telecommunications services;</li>\r\n 	<li>Delivery over Licensee’s network of any text, sounds, images, audio and video programming (broadcast, on demand and/or interactive), information, data or other content and related information services.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">Further, in order to provide the above-mentioned services the licensee will have the right, upon obtaining approval from the CMC, to construct, install, lease, own, operate and maintain a VSAT Network and interconnect its network with any VSAT network within the licensed area. It is important to note that at the moment this license is granted for Oil &amp; Gas companies which have contracts with the Ministry of Oil and the subcontractors of such companies. The license shall be effective for one year and renewal shall be subject to any amendments by the CMC.</p>\r\n<p class=\"p3\"><strong>2) Importing telecommunications devices</strong></p>\r\n<p class=\"p1\">Importing telecommunications devices requires a permit from the CMC, which has set forth extensive requirements. The applicant must submit to the CMC a full description of the devices to be imported, accompanied units, and clarification of the brand name, model number and serial number It is impermissible to sell or supply telecommunications devices and accessories of whatever kind to any concerned party (whether governmental or private) without obtaining a frequency license from CMC in respect of these devices.</p>\r\n<p class=\"p3\"><strong><span class=\"s1\"> </span>3) Internet service providers (ISP)</strong></p>\r\n<p class=\"p1\">The CMC is the competent authority to issue a license, to efficient and experienced ISP applicants, to provide fixed internet services in Iraq upon and subject to the terms, conditions and obligations set forth to achieve the intended goals of increasing internet penetration in the country as well as ensuring high Quality of Service (QoS) levels. In addition, the term of this license shall be for three years starting on the date of issuance and it is renewable subject to the amendments of CMC, as the intention is to improve this license to make it in line with future Iraqi Telecommunications law. This license shall cover providing internet services, data services in closed circuit and visual and audio broadcasting services via the system’s data network. In order to provide the said services, the licensee shall have the right, upon approval of the CMC, to construct, install, purchase, lease, own, operate and maintain a network alone or jointly with others. It is important to note that the licensee must comply with the regulations of the CMC throughout the license period, otherwise the CMC shall have the right to suspend the license or impose fines and penalties upon the occurrence of certain violations set forth in the regulations.</p>\r\n<p class=\"p3\"><strong>The future of the telecommunications sector in Iraq</strong></p>\r\n<p class=\"p1\">The ITPC should complete the FTTH projects to reach the whole country, improving the quality of internet services in Iraq at a better cost and improving the weak infrastructure. In addition, the MoC is willing to grant the fourth license in respect of cellular phone services. Such a license shall be a great opportunity for foreign telecommunications companies to enter into the Iraqi telecommunications market to compete the three current telecommunications companies in this field. Further, Iraq has recently launched 3G services with an intention to adopt 4G LTE in the near future. In the long term, there are plans for the MoC to be restructured into public/private partnerships including The National Mobile Company, an Iraq Telecommunication Company, an Internet Company and a National Infrastructure Company. The post office will likely become a separate agency. Furthermore, one of the major telecommunications companies in Iraq, cooperating with a licensed entity by CBI, has launched the Electronic Payment System through cellular services. To conclude, the Iraqi telecommunications market offers many opportunities once the civil unrest stabilises and the authorities and operators are able to concentrate again on telecommunications and digital growth.</p>'),
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	(99759,5420,'_yoast_wpseo_metadesc','Al Tamimi & Company set out current issues that are affecting a wide range of property owners and technology, media and telecommunication companies alike.'),
	(99760,5421,'content','June - July 2016\r\n\r\n<hr />\r\n<p class=\"p1\">E-hailing, which is a relatively new term, is defined as the process of ordering a car, taxi, limousine, or any other form of transportation pickup via one’s own mobile, tablet or computer. The features of the service varies from one application/service provider to another but in basic terms, e-hailing involves the use of an application installed on the user’s device of choice, whereby the user books a trip or ‘hails a ride’ electronically by providing their desired pickup and drop location, either by entering an address or providing a current GPS location. There is no cash exchange involved in the process as the user’s credit card is linked to their e-hail account and the payment is processed electronically against a receipt sent to the user’s registered email address.</p>\r\n<p class=\"p1\">Despite being in popular demand in most jurisdictions, application-based taxi services have been the subject of much controversy since their introduction to Dubai’s transport sector.</p>\r\n<p class=\"p1\">Until recently, app-based taxi service providers in Dubai operated in a legal vacuum as there was no specific legislation to govern or regulate this service.  App-based taxi service providers operated in Dubai by contracting with a number of registered limousine companies that supply licensed drivers and vehicles. This work-around was seen as a solution until the Roads and Transport Authority (RTA), the responsible government transportation authority in the Emirate of Dubai, issued legislation to regulate the sector.</p>\r\n<p class=\"p1\">In a step towards finding commercially viable legal solutions and modernising the transportation of passengers sector in Dubai, on 7 March 2016 the Dubai Executive Council issued Resolution No.6 of 2016 ‘Regulating Passenger Transportation by Vehicles in the Emirate of Dubai’ (the “Resolution”).  The Resolution repealed Regulation No.1 of 2007 on ‘Practicing the Activity of Passenger Transportation by Taxis in the Emirate of Dubai’ and all other legal instruments to the extent they contradict with the provisions of the Resolution.</p>\r\n<p class=\"p1\">Under the recently published Resolution, app-based taxi service providers can only legally operate in Dubai after obtaining the required permits. Pursuant to the Resolution, the RTA’s Public Transport Agency (the “Agency”) is now responsible for processing requests related to the issuance of the following permits:</p>\r\n\r\n<ul>\r\n 	<li>Permit for practising the activity of passenger transportation by taxis and luxury vehicles;</li>\r\n 	<li>A temporary permit for passenger transportation from Dubai to other Emirates by vehicles not licensed in Dubai;</li>\r\n 	<li>A professional Taxi Driver permit;</li>\r\n 	<li>A professional luxury vehicle driver permit; and</li>\r\n 	<li>A permit for practising the activity of providing passenger transportation by vehicles through phone calls, electronic means, smart applications or any other means.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p1\">A private company that offers transportation services to its customers through a smart app and which is interested in operating as a transport company in Dubai must apply to the Agency to obtain the permits that would allow it to offer passenger transport services through electronic means and smart applications. The term of the permits will be one year and can be renewed for similar terms. The applicant will have to comply with the relevant applicable conditions and procedures and to submit the necessary documents, all of which are mandated and set by the Agency.</p>\r\n<p class=\"p1\">Pursuant to the Resolution, it is now strictly prohibited to transport passengers by taxis and luxury vehicles in Dubai without obtaining the relevant permits from the Agency.  A penalty of AED 50,000 will be imposed on illegal transport firms, including app-based taxi service providers. An additional penalty of AED 5,000 will be imposed if transport services are offered through electronic or smart means without having the permit for it. The Resolution provides for other administrative penalties that address the operation of a taxi or luxury car by an unauthorised driver (AED 20,000 penalty), the use of unlicensed vehicles (AED 20,000 penalty), and the failure to install or operate the meter and/or the modification of the fare.</p>\r\n<p class=\"p1\">Despite this new found legal recognition, applicants may still not be able to follow their original business models as applied in other countries. For instance, in other jurisdictions some companies do not own their own fleet of cars or employ their own drivers. Instead, they contract with individuals with private cars to transport passengers using the company’s own app. This is not permissible in Dubai as under rules governing employment and immigration there are restrictions on carrying out such work for third parties. Instead, successful applicants who are granted operational permits will need to continue to contract with registered companies which supply licensed drivers and vehicles (luxury cars) also in accordance with the Resolution. The terms of those agreements will be subject to the RTA’s scrutiny and approval.</p>\r\n<p class=\"p2\">All companies licensed to provide passenger transport activities within Dubai must comply with the technical specifications and safety measures set by the Agency. This would include adhering with the requirements put in place for the better service of physically challenged passengers. Other requirements pertain to the training of drivers, the number of vehicles through which a company may engage in the provision of its transport services, payable tariff and means of payment.</p>\r\n<p class=\"p1\">The Resolution has met with some criticism, mainly on the basis that it is said to over-regulate the transport of passengers industry and does not allow companies to exploit the full potential of their business models. However it is clear that that the Resolution attempts to balance between the sometimes competing interests of passengers and the service providers. Considering the novelty of the Resolution and the fact that the target industry is still in its infancy, it is too early to determine whether the new legal framework will prove support for the growth of this untraditional, technology driven, transport solution.</p>');

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	(94356,5124,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Businesses offering Wi-Fi in the UAE need to be aware that the usage has to comply with certain requirements under regulations that were issued by the UAE’s Telecommunications Regulatory Authority (“TRA”) in 2009.</p>\r\n<p class=\"MsoNormal\">“Wi-Fi” is a wireless local area network (“WLAN”) technology that allows an electronic device to connect to the internet using 2.4 GHz and 5 GHz radio spectrum frequency bands.</p>\r\n<p class=\"MsoNormal\">Strictly “Wi-Fi “ refers to WLAN products based on a particular family of technical standards (i.e. IEEE 82.11) but the term “Wi-Fi” has become more commonly used than “WLAN” since most WLAN are based on the Wi-Fi standards.</p>\r\n<p class=\"MsoNormal\">Under <em>Federal Law by Decree No.3 of 2003</em> <em>Regarding Organisation of Telecommunications Sector, as amended</em> (“Telecoms Law”) the establishment and use of wireless transmission stations and the installation and use of any wireless transmission is expressly prohibited unless permitted by a radio spectrum authorization issued by the TRA.</p>\r\n<p class=\"MsoNormal\">The TRA’s regulations concerning <em>Use of 2.4 GHz and 5.8GHz bands for WLAN and RLAN</em> (“Wi-Fi Regulations”) expressly provide that the use of the 2.4 GHz and 5GHz bands “is allowed under Class Authorization” for indoor WLAN in the UAE for:</p>\r\n\r\n<ul>\r\n 	<li>Any person to connect devices such as personal computers and smart devices.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Hotels , metro trains (inside trains and train stations) and airports to provide wireless internet connection for their customers.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Public libraries and academic facilities such as university campuses, colleges and schools.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Entities inside buildings for private use.  This includes all type of data connectivity requirements like video data.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Internet Cafes provided that such cafes are responsible for providing the TRA, upon request, a detailed history of all registered users and their respective information.  The term “Internet Cafes” is not defined in the Wi-Fi Regulations, but as the regulations date back to 2009 probably refers to a retail establishment that rents computers by the hour.  Media articles at the time suggest that the record keeping policy was to address concerns that cyber crime was being done at public places to avoid detection.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Usage of indoor Wi-Fi must comply with the following requirements:</p>\r\n<p class=\"MsoNormal\">(1)     Internet access for an indoor Wi-Fi has to be obtained from a “Licensee of­fering Internet Service”.</p>\r\n<p class=\"MsoNormal\">(2)     Use of Type Approved equipment</p>\r\n<p class=\"MsoNormal\">(3)     Use of VoIP is subject to the TRA policies and regulations.</p>\r\n<p class=\"MsoNormal\">The usage of the indoor Wi-Fi must also take into consideration any TRA Wi-Fi security guidelines.</p>\r\n<p class=\"DWTNorm\"><strong>Class Authorization</strong></p>\r\n<p class=\"DWTNorm\">A “Class Authorization” is a radio frequency authorization from the TRA which permits the operation of a class of wireless equipment by any person within designated frequency bands subject to any terms and conditions stipulated therein.  For example, usage of short range devices meeting certain technical conditions (routers, cordless phones, blue tooth earpieces, baby monitors and garage openers) is permitted in the UAE under Class Authorization without a separate radio frequency authorization being required.</p>\r\n<p class=\"MsoNormal\">A Class Authorization is equipment specific, rather than operator specific (i.e. once the wireless equipment has the radio frequency authorization, the equipment can be used by any person).</p>\r\n<p class=\"MsoNormal\">Generally it is the manufacturer, importer or supplier of the wireless transmission equipment which applies for Class Authorization.</p>\r\n<p class=\"MsoNormal\"><strong>Licensee of­fering Internet Service</strong><em> </em></p>\r\n<p class=\"MsoNormal\">In the UAE as only Etisalat and du are licensed to operate and manage public telecommunications networks, only they can be the internet service provider for the indoor Wi—Fi.</p>\r\n<p class=\"MsoNormal\"><strong>Type Approval</strong></p>\r\n<p class=\"MsoNormal\">Under the Telecoms Law it is prohibited to use, sell, offer for sale or connect to any public telecommunications network in the UAE any telecommunications terminal equipment that has not been type approved by the TRA (“Type Approval”).  Type Approval is achieved by registering the equipment with the TRA.   Applications for Type Approval are generally made by a manufacturer, importer or supplier who is themselves registered with the TRA (\"Registered Dealer\"). You do not have to register wireless equipment for Type Approval if you procure the equipment from a Registered Dealer yourself who already has Type Approval for the equipment.  If equipment has Type Approval the equipment or its packaging and user documentation will be clearly labeled with a label specifying both the TRA registration number and the dealer number.</p>\r\n<p class=\"MsoNormal\"><strong>Use of VoIP</strong></p>\r\n<p class=\"MsoNormal\">Voice over Internet Protocol (“VoIP”) is a methodology and group of technologies for the delivery of voice communications and multimedia sessions over Internet Protocol networks such as the Internet.  The term Internet Telephony is commonly associated with VoIP.  Skype, Viber and WhatsApp voice use VoIP.</p>\r\n<p class=\"MsoNormal\">It is not intended to explain the legality of the use of VoIP in the UAE in this article.  For present purposes it is sufficient to recognise that the use of VoIP technology per se is not illegal, but to the extent that a VoIP service is a “Telecommunications Service” within the meaning of that term in the Telecoms Law, then it is not permitted to supply that Telecommunications Service to subscribers or to sell it in the UAE unless authorised by a license or otherwise allowed under the provisions of the Telecoms Law.  Only Etisalat and du are licensed to provide Telecommunications Services using the public telecommunications network.</p>\r\n<p class=\"ATC1\">VoIP services are specifically regulated under the TRA’s VoIP Policy issued 30 December 2009.   Etisalat and du are expressly permitted to block VoIP services over their networks that are Telecommunications Services under the Telecoms Law which are provided by a person not licensed to do so under the Telecoms Law unless instructed by the TRA to do otherwise.</p>\r\n<p class=\"MsoNormal\"><strong>Security Guidelines</strong></p>\r\n<p class=\"MsoNormal\">Although the Wi-Fi Regulations specifically refer to guidelines issued by the TRA for addressing security issues on Wi-Fi, the TRA has not published any such guidelines publically.</p>\r\n<p class=\"MsoNormal\">Etisalat and du are required under their public telecommunications licences to comply with any directions of the TRA or other competent authority issued on matters relating to the public interest, safety and/or national security.</p>\r\n<p class=\"MsoNormal\">Consequently, in practice Etisalat and du pass on compliance with such directions to customers under their terms of service.</p>\r\n<p class=\"MsoNormal\">For example, we understand that there is a direction that wireless internet access requires unique identifiers. du’s General Terms and Conditions for Business Services, March 2012, provides that services may include the use of unique identifiers and the customer must comply with the requirements of any regulatory body which administers these identifiers (clause 12.1).</p>\r\n<p class=\"MsoNormal\"><strong>Outdoor Wi-Fi</strong></p>\r\n<p class=\"MsoNormal\">While the use of  indoor Wi-Fi is effectively allowed as of right under the Wi-Fi Regulations if the requirements discussed above are met, the  use of the 2.4GHz and 5GHz bands for outdoor Wi-Fi is only allow upon obtaining a specific frequency spectrum authorization from the TRA.</p>\r\n<p class=\"MsoNormal\"><strong>What to do</strong></p>\r\n<p class=\"MsoNormal\">If you are establishing a free indoor Wi-Fi at your business,  your telecommunications service provider should be aware of and assist you to comply with the laws for usage of indoor Wi-Fi.  However as you are ultimately responsible for compliance with the Wi-Fi Regulations you should do your due diligence when selecting the provider (for example, make sure only Type Approved equipment will be used).</p>\r\n<p class=\"MsoNormal\">Al Tamimi &amp; Company’s specialist Technology, Media &amp; Telecommunications team is able to assist with legal issues related to Wi-Fi, VoIP or other ICT applications.</p>'),
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	(101950,5542,'content','<p class=\"p1\"><strong>Privacy as a fundamental right?</strong></p>\r\n<p class=\"p2\">Before considering the implications on consumer privacy in the smart era, it is important to briefly touch on how privacy is protected in the law. Commentators on data protection in the UAE sometimes claim that the right to privacy is enshrined in the Constitution of the United Arab Emirates, and this forms a basis for analysing data protection issues. This would seem to be something of an overstatement when it comes to the Constitution’s treatment of privacy, where at Article 31 it simply says: ‘Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law’. The protection of personal data in the manner in which it is understood in the digital age is not contemplated in the Constitution of the UAE, and privacy is mentioned only in the context of privacy of post and communications.</p>\r\n<p class=\"p1\">Certainly around the Gulf, and across the broader region, the approach taken in the UAE is not out of the ordinary. While the claim to a fundamental right to privacy enshrined in the Constitution would be an overstatement, privacy is clearly a relevant concern in the context of doing business in the Middle East. All countries in the region have criminal prohibitions that, in some way, penalise unauthorised use and disclosure of personal information, as well as prohibitions or regulations specific to certain types of information or certain contexts – such as health records and information disclosed to medical professionals, or (for present purposes) consumer information in a telecoms context.  Using a very broad-brush approach, it is fair to say that in jurisdictions without a modern data protection regime, the best way to manage the processing of personal data is to do so on the basis of the consent of the data subject.</p>\r\n<p class=\"p2\"><strong>Telecoms sector considerations – customer data</strong></p>\r\n<p class=\"p2\">In a telecoms context, and focussing on the regulation of telecoms licensees (rather than issues such as hacking and cyber crime), the approach taken to the protection of consumer data varies across the region. Ultimately, from many of the following examples, the protection of personal data relating to telecoms subscribers as handled by telecoms licensees can be seen as significantly more prescribed than the protection of personal data more generally under the law.</p>\r\n<p class=\"p1\">By way of example, Article 12 of the UAE Telecommunications Regulatory Authority’s Consumer Protection Regulations (Version 1.2 of 24 December 2015) places a number of clear obligations on telecoms licensees when it comes to the handling of subscribers’ information. Licensees have to take all reasonable and appropriate measures to prevent the unauthorised disclosure or the un-authorised use of subscriber information. They must take all reasonable measures to protect the privacy of subscriber information that they maintain in their files, and use reliable security measures against risks such as loss or unauthorised access, destruction, leakage, inappropriate use, modification and unauthorised disclosure. They must limit access to subscriber information to their trained and authorised personnel, who are bound to protect the licensee’s confidential information from unauthorised use and disclosure under the terms of a written agreement, and ensure that personnel engaged in the handling of subscriber information are fully aware of, and adequately trained in the licensee’s security and privacy protection practices. Licensees must obtain a subscriber’s prior consent before sharing any subscriber information with their affiliates and other third parties not directly involved in the provision of the telecommunications services ordered by the subscriber. Where it is necessary to provide subscriber information to affiliates or other third parties who are directly involved in the supply of the telecommunications services ordered by subscribers, the third-parties are required to take all reasonable and appropriate measures to protect the confidentiality and security of the subscriber information and to use it only as required for the purposes of providing the telecommunication service. Licensees must ensure that the contract between them and any affiliate or other third party holds that third party responsible for the privacy and protection of the subscriber information. Licensees who have access to subscriber information as a result of interconnection are prohibited from using that information for any purposes other than interconnection, and use for marketing purposes is specifically prohibited.</p>\r\n<p class=\"p1\">The position in Qatar under Article 52 of the Qatar Telecommunications Law (and articles 91 and 92 of the associated by-law) is similarly detailed, and provides customers with a right to have their information corrected or removed, as well as obligations on service providers to use customer information only for the purposes for which it was collected (and not use it for any undisclosed or unauthorised purposes), and to ensure that customer information is accurate, complete and up-to-date for the purposes for which it is to be used.</p>\r\n<p class=\"p1\">In Oman, Resolution No.113 of 2009 issuing Regulations on Protection of the Confidentiality and Privacy of Beneficiary Data contains similar requirements, and includes a clear requirement to notify consumers in the event of data breaches that might affect them, as well as restrictions on sending consumer information abroad for the provision of subscribed telecommunications services without the approval of the Oman Telecommunications Regulatory Authority.</p>\r\n<p class=\"p1\">In Bahrain, the Privacy and Confidentiality section of the Bahrain TRA’s Consumer Protection Guidelines imposes general obligations on licensees to take steps to protect the privacy of consumers regarding personal information and calling patterns, and notes that consumers should have an expectation of privacy, and protection from unauthorised use of their personal records and information, and protection from illegal, unsolicited, unwanted or offensive communications. The guidelines also state that licensees should only use information gathered from consumers for the purpose of providing the consumers with telecommunications services.</p>\r\n<p class=\"p1\">For Saudi Arabia, we were able to find only a very general reference in the KSA Telecoms Law, which at Article 3(8) simply places an obligation on telecommunications licensees to protect public interests and the interests of users and maintain confidentiality of communications and information security.</p>\r\n<p class=\"p1\">Kuwait, which is still in the process of establishing its telecoms regulator, is well-positioned to start with a blank page and draw from the experience of other countries.</p>\r\n<p class=\"p2\"><strong>Consumer data protection as a requirement for e-commerce take-up</strong></p>\r\n<p class=\"p2\">With regard to e-commerce, a recent AT Kearney study (‘Getting in on the GCC E-Commerce Game’) identified consumer trust and awareness issues, along with embryonic government policies, amongst a number of key obstacles preventing the GCC e-commerce market from reaching its full potential. The report identified concerns about data security and fraud as compounding consumer trust issues. It suggested that consumers will only trust on-line channels if retailers focus on protecting customer privacy and data. The punchline is that when it comes to on-line commerce take-up, consumer concerns about privacy are a serious inhibitor.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Consumer data protection as a consideration for IOT and smart cities</strong></span></p>\r\n<p class=\"p1\">As for the Internet of Things (IoT) and Smart Cities, there are massive opportunities for all those involved – but there are also broad consumer privacy considerations that need to be considered and addressed at the outset.</p>\r\n<p class=\"p1\"><span class=\"s3\"> The mass adoption of connected digital technologies and applications by consumers, businesses, and governments is having an unprecedented transformational impact on the telecommunications industry. It is a fundamental driver to the strategic and operational decision making of telecommunications players around the world, including in the Middle East. Data can be harnessed to create innovative offerings and generate new revenue streams, it can allow businesses and governments to develop a deeper understanding of users, improve user experience at every stage, get faster feedback, develop policy and customize services, and it allows organizations to take advantage of information in order to work intelligently and reduce costs. Connectivity and devices are increasingly ubiquitous, powerful and inexpensive. The Internet of Things will link all manner of items, from light bulbs to urban transport networks. </span></p>\r\n<p class=\"p1\">In this context, Dubai has issued Law No. 26 of 2015 regulating Data Dissemination and Exchange in the Emirate of Dubai. The “Dubai Data Law” has a number of objectives.  It is aimed primarily at ensuring that data gathered by Dubai government entities is effectively shared amongst such entities and with the private sector, so as to maximise opportunities to capture the benefit of such data for the emirate’s residents, visitors, and economy. The aims of the Dubai Data Law include managing data in conformity with international best practices, promoting transparency and establishing rules for data dissemination and exchange, increasing the efficiency of services provided by federal government entities and local government entities, and providing data necessary to non-governmental entities with a view to supporting the development of the Emirate of Dubai. Significantly, an expressed aim of the Dubai Data Law is to strike a balance between data dissemination and exchange and data confidentiality and privacy.</p>\r\n<p class=\"p1\">The IoT will have significant impacts on consumer privacy, and this is material to players in the telecoms space – whether they are device or app developers, or network operators providing the technical framework for processing big data and operating smart cities. Sensors embedded in millions upon millions of devices in as many locations, all processing an enormous amount of data - including personal data – at different locations, will make it hard for people to know exactly who is using their personal information, and the purposes for which it is being used. Being able to cross-match data across different data pools/sources raises question as to whether anonymity is a relative term, and the ability to find secondary uses of data – which could be seen as a key benefit of big data - further raises questions about gathering data for one purpose, and then using it for other purposes. This potential lack of clarity raises issues from a consent perspective, as if users do not know what information is being collected (or whether it is being collected at all), and the purposes for which it will be used, it will be difficult for individuals to provide meaningful consent. Additionally, where devices gathering data may be more difficult to secure (e.g. due to limitations on encryption and wireless communication, and the fact that many devices may be outside a traditional IT infrastructure and thus not have security built-in), there is a greater risk of data loss, unauthorised access and infection by malware.</p>\r\n<p class=\"p1\">Telecoms operators have unrivalled expertise in providing high-quality, well-managed, and reliable networks. They have significant expertise in hosting, on-line security and identity authentication.  A major part of the opportunity that lies in store for telecoms operators will be to monetize the large volumes of data that pass through these networks. In this context, a key duty of telecoms operators, particularly in the Middle East, will be to set the standards for safeguarding the personal information and commercial information shared by consumers, companies, and machines over these ubiquitous networks.</p>\r\n<p class=\"p1\">The types of products and technologies in which telecoms operators are likely to become involved in this context give rise to important privacy issues that cannot be addressed solely by reference to the regulatory landscape applicable to telecommunications operators. By way of example, the delivery of e-health and telemedicine solutions and associated data analytics, will also touch on concerns relating to medical confidentiality, patient health information and the location and retention period for storage of medical records. The adoption of an advertising-funded business model may use behavioural and demographic tracking to increase relevance. The provision of smart grid/metering solutions may raise privacy concerns that tie-in with pricing-related consumer rights considerations.</p>\r\n<p class=\"p1\"><span class=\"s3\"> With the wide variety of services in which telecommunications service providers may become involved in the digitized age, the relevance of ‘traditional’ telecommunications-sector consumer protection regulations, particularly with regard to privacy, may need to be revisited. Those looking to participate in the IoT and big data space need to consider the consumer privacy implications of what they are doing at the earliest opportunity so as to incorporate sufficient privacy and security mechanisms at the outset - rather than having to ‘retro-fit’ them into devices, systems and processes as an afterthought.</span></p>\r\n<p class=\"p4\"><em> </em></p>\r\n<p class=\"p5\"><em>Al Tamimi &amp; Company’s Technology, Media &amp; Telecommunications team regularly advises on issues at the core of innovation, including issues to do with the development and regulation of new technologies and issues to do with consumer privacy. For further information please contact Nick O’Connell (n.oconnell@tamimi.com).</em></p>'),
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	(101935,5541,'pageSummary','This article considers the UAE’s ongoing commitment in tackling money laundering and combating the financing of terrorism (‘CFT’). The UAE Central Bank’s Anti-Money Laundering and Suspicious Cases Unit has amended the wording of its Circular No. 24/2000 Regulation concerning Procedures for Anti-Money Laundering and its amendments (the ‘Circular’), expanding its remit for customer identification requirements.'),
	(101934,5541,'_content_description','field_59b641c07f473'),
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	(101933,5541,'content_description','This article considers the UAE’s ongoing commitment in tackling money laundering and combating the financing of terrorism (‘CFT’). The UAE Central Bank’s Anti-Money Laundering and Suspicious Cases Unit has amended the wording of its Circular No. 24/2000 Regulation concerning Procedures for Anti-Money Laundering and its amendments (the ‘Circular’), expanding its remit for customer identification requirements.'),
	(101911,5540,'_content','field_59b649b5c8b2b'),
	(101912,5540,'lawUpdateArticleMonth','5535'),
	(101913,5540,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(101914,5540,'content_description','JASTA, the Justice Against Sponsors of Terror Act, is a controversial new federal law in the United States which allows American nationals to sue foreign states for acts of terrorism committed against them. '),
	(101915,5540,'_content_description','field_59b641c07f473'),
	(101916,5540,'pageSummary','JASTA, the Justice Against Sponsors of Terror Act, is a controversial new federal law in the United States which allows American nationals to sue foreign states for acts of terrorism committed against them.'),
	(101917,5540,'_pageSummary','field_59e59b307dec8'),
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	(101919,5540,'_currentURL','field_59d35123ab1e7'),
	(101920,5540,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','946'),
	(101921,5540,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
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	(101923,5540,'_lawUpdateArticleWriters','field_59da2a866b064'),
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	(101927,5540,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(101928,5540,'_yoast_wpseo_metadesc','JASTA, the Justice Against Sponsors of Terror Act, is a controversial new federal law in the United States which allows American nationals to sue foreign states for acts of terrorism committed against them.'),
	(101929,5541,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">On 14 December 2016,t the UAE Central Bank issued a resolution (the ‘Resolution’) (<em>which, as of the date of writing was under process of being published in the Official Gazette</em>) utilising its increased powers of monitoring and regulation of financial institutions to strengthen anti-money laundering (‘AML’) regulations and reinforcing its objection to the use of fraudulent bank accounts.</p>\r\n<p class=\"p1\">In accordance with the Resolution, when opening a new bank account, a bank must ensure that it has obtained all the requisite information and necessary documentation to identify the beneficial owner. The protocol when opening an account is now to check either the passport or the UAE identity card whereas the Circular used to relate solely to passports. The requirements for banks are now as follows:</p>\r\n\r\n<ul>\r\n 	<li>Obtain the full name of the account holder as it appears in the identification document;</li>\r\n 	<li>Record the current residential address and place of work;</li>\r\n 	<li>Physically examine the UAE ID card or the passport used to open the account; and</li>\r\n 	<li>Maintain a copy of the identification document initialled by the account opening officer.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p4\">This Resolution is to be communicated to all those concerned with its implementation, namely; all banks, exchange houses/moneychangers, investment and finance companies and other financial institutions. The amendment is to be published in the Official Gazette in both Arabic and English.</p>\r\n<p class=\"p1\">The amendment to the Circular typifies the Central Bank’s initiatives to provide transparency and security in banking by modernising its procedures. The Circular maintains its position in protecting the UAE. against money laundering, re-confirming its commitment to ensuring accounts are not opened under fraudulent or assumed names or numbers.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The Central Bank has long been progressive in its approach to AML through the use of strict identification procedures. The mandatory identification requirements appeared in the original Circular. This is a contemporary but important approach that forms part of the FATF (Financial Action Task Force) Recommendations for the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation as published in October 2016 (the ‘Recommendations’). The Recommendations provide an international standard and a framework of measures for countries to utilise in order to combat money laundering and terrorist financing. Relevantly, the Recommendations state:</span></p>\r\n<p class=\"p1\">‘<em>The principle that financial institutions should conduct CDD should be set out in law. Each country may determine how it imposes specific CDD obligations, either through law or enforceable means. </em><em> </em></p>\r\n<p class=\"p1\"><em>The CDD measures to be taken are as follows: </em></p>\r\n\r\n<ul>\r\n 	<li><em>Identifying the customer and verifying that customer’s identity using reliable, independent source documents, data or information. </em></li>\r\n 	<li><em>Identifying the beneficial owner, and taking reasonable measures to verify the identity of the beneficial owner, such that the financial institution is satisfied that it knows who the beneficial owner is. For legal persons and arrangements this should include financial institutions understanding the ownership and control structure of the customer. </em></li>\r\n 	<li><em>Understanding and, as appropriate, obtaining information on the purpose and intended nature of the business relationship. </em></li>\r\n 	<li><em>Conducting ongoing due diligence on the business relationship and scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution’s knowledge of the customer...</em></li>\r\n 	<li><em>...These requirements should apply to all new customers.</em>’</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p4\"><span class=\"s2\">The Resolution, by adding and updating the mandatory requirements, reinforces the integrity of the AML framework in the UAE. It obliges the banks to satisfy the criteria above and. as the account opening officer remains responsible to verify the information, confirms the transparency in banking and continues to provide a greater level of accountability and a deterrent to those seeking to subvert the banking laws in the U.A.E.</span></p>\r\n<p class=\"p1\">In our view the UAE Central Bank’s Resolution satisfies all of the recommendations under the ‘Preventative Measures of Customer Due Diligence (‘CDD’) and Record Keeping’ of the Recommendations  and evidences the leading role the UAE has long adopted in combating anti-money laundering and the financing of terrorism.</p>\r\n<p class=\"p1\"><span class=\"s2\"><em>If you have any queries regarding AML, CFT, or any of the issues addressed above, please contact Ibtissem Lassoued, Partner, Financial Crime Department at: i.lassoued@tamimi.com (mailto:i.lassoued@tamimi.com) or Adam Wolstenholme, Associate, Financial Crime Department at: a.wolstenholme@tamimi.com (mailto:a.wolstenholme@tamimi.com).</em></span></p>'),
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	(101867,5538,'_content','field_59b649b5c8b2b'),
	(101868,5538,'lawUpdateArticleMonth','5535'),
	(101869,5538,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(101870,5538,'content_description','It is settled law under Article 139 of the UAE Civil Procedure Law that the correct way to rectify an omission by the trial court making a determination on an application is to revert to the same court that passed the judgment, and not to appeal against it. '),
	(101871,5538,'_content_description','field_59b641c07f473'),
	(101872,5538,'pageSummary','It is settled law under Article 139 of the UAE Civil Procedure Law that the correct way to rectify an omission by the trial court making a determination on an application is to revert to the same court that passed the judgment, and not to appeal against it.'),
	(101873,5538,'_pageSummary','field_59e59b307dec8'),
	(101874,5538,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-14/dec-jan-2017/abu-dhabi-court-of-cassation-gives-guidance-on-omission-applications.html'),
	(101875,5538,'_currentURL','field_59d35123ab1e7'),
	(101876,5538,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Hassan Eltahir'),
	(101877,5538,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(101878,5538,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','h.eltahir@tamimi.com'),
	(101879,5538,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(101880,5538,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','Abu Dhabi, UAE'),
	(101881,5538,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(101882,5538,'lawUpdateArticleNoWriters_1_lawUpdateAuthorName','Zane Anani'),
	(101883,5538,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(101884,5538,'lawUpdateArticleNoWriters_1_lawUpdateAuthorEmail','z.anani@tamimi.com'),
	(101885,5538,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(101886,5538,'lawUpdateArticleNoWriters_1_lawUpdateAuthorLocation','Dubai, UAE'),
	(101887,5538,'_lawUpdateArticleNoWriters_1_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(101888,5538,'lawUpdateArticleNoWriters','2'),
	(101889,5538,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(101890,5538,'_yoast_wpseo_metadesc','It is settled law under Article 139 of the UAE Civil Procedure Law that the correct way to rectify an omission by the trial court making a determination on an application is to revert to the same court that passed the judgment, and not to appeal against it.'),
	(101891,5539,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The ICC UAE national committee has been active in promoting and training arbitrators, and the Chartered Institute of Arbitrators’ branch in Dubai has grown to become the fourth largest worldwide and been extremely successful in training and developing arbitrators both in the UAE and the region.</p>\r\n<p class=\"p1\">It is no exaggeration to say that the UAE is the region’s hub for arbitration and is taking its place among the acknowledged centres worldwide.</p>\r\n<p class=\"p1\"><span class=\"s1\"> All of this is now under threat. International and UAE arbitrators have expressed their deepest concern about the amendment made by Federal Decree Law No. 7 of 2016 to Federal Penal Code No. 3 of 1987, which has recently come into force.</span></p>\r\n<p class=\"p1\">Article 257 of the Penal Code now reads as follows:</p>\r\n<p class=\"p1\">“<em>Anyone who issues a decision, expresses an opinion, submits a report, presents a case or proves an incident in favour of or against a person, in contravention of the requirements of the duty of neutrality and integrity, while acting in his capacity as an arbitrator, expert, translator or fact finder appointed by an administrative or judicial authority or selected by the parties, shall be punished by temporary imprisonment [ie 3 – 15 years].</em></p>\r\n<p class=\"p1\"><span class=\"s2\"><em> The aforesaid categories of persons shall be barred assuming once again the responsibilities with which they were tasked in the first instance, and shall be subject to the provisions of Article 255 of this law.</em>” [emphasis added]</span></p>\r\n<p class=\"p1\">Arbitrators and legal practitioners have responded to this article with alarm. They perceive it as a severe setback to the development of arbitration in the UAE and the progress it has made towards positioning itself as a global arbitration hub.</p>\r\n<p class=\"p1\">A number of arbitrators hearing cases seated in the UAE have already resigned from tribunals and expressed their reluctance to accept appointments in future cases (the law applies to all the emirates, including the Dubai International Financial Centre and Abu Dhabi Global Market freezones).</p>\r\n<p class=\"p1\">The arbitrators’ concerns are simple: that they may be exposed to vexatious criminal proceedings under article 257.</p>\r\n<p class=\"p1\">It is true that in the past there have been parties who, having lost in arbitration, have taken the aggressive step of filing criminal proceedings against arbitrators in the UAE under various pretexts. However, before the recent amendment to article 257, there were no specific grounds to pursue criminal proceedings against an arbitrator who had rendered a decision based on their understanding of the case and the presentations made by each party.</p>\r\n<p class=\"p1\">All the cases that have been brought have been closed by UAE prosecutors on the basis that there was no case to answer. Had they proceeded to court, those accused would have found a judicial system very supportive of arbitration and arbitrators.</p>\r\n<p class=\"p1\">While I believe prosecutors and the courts will maintain the same attitude to arbitrators and arbitration in general, the new article 257 makes the landscape in the UAE appear very different. Arbitrators including myself and the legal community in general are concerned at the prospect of vexatious criminal complaints or threats of such complaints against tribunal members sitting in the UAE.</p>\r\n<p class=\"p1\">While arbitrators all over the world are obliged to act with neutrality and with integrity, virtually no other country has a provision like article 257, which could lead to arbitrators being jailed as criminals if they are shown to have acted unfairly or with bias. It is almost unheard of for arbitrators to be subjected to criminal proceedings for determining a case unless, of course, there is compelling evidence of fraud or bribery, which, worldwide, is incredibly rare.</p>\r\n<p class=\"p1\">In such cases, the UAE Penal Code provides relief to affected parties without the necessity of invoking article 257.</p>\r\n<p class=\"p1\">No doubt the changes to article 257 were well intentioned – no one disputes that arbitrators should not act unfairly or with bias. There are, however, two significant problems with it: the language is vague, and the mere possibility of criminal complaints being filed (even if they are subsequently dismissed) is enough to scare arbitrators away.</p>\r\n<p class=\"p1\"><span class=\"s2\"> As regards to the language of the article, there is no pre-existing definition of the words “neutrality” and “integrity” in UAE criminal law and they would seem to have a wide subjective meaning. The words are commonly seen in laws and rules relating to arbitration and in the IBA Guidelines on Conflicts of Interest in International Arbitration, a soft law instrument.</span></p>\r\n<p class=\"p1\">However, to make a failure to show these characteristics a prosecutable offence for arbitrators will create vast scope for losing parties or parties wishing to derail an arbitration to bring or threaten criminal action. Since the definition of the crime is subjective and elastic, it is probable that, in most instances, police or prosecutors would feel obliged to start an investigation, most likely resulting in the suspension of the ongoing arbitration or any enforcement action.</p>\r\n<p class=\"p1\"><span class=\"s3\"> Also noteworthy is that article 257 does not require evidence of positive intention of wrongdoing by the arbitrator – which I believe must have been an error of omission on the part of the draftsman. Compare this with article 22 of the Dubai International Financial Centre’s arbitration law, which states:</span></p>\r\n<p class=\"p1\">“<em>No arbitrator, employee or agent of an arbitrator, arbitral institution, officer of an arbitral institution or appointing authority shall be liable to any person for any act or omission in connection with an arbitration unless they are shown to have caused damage by conscious and deliberate wrongdoing. This article does not affect any liability incurred by an arbitrator by reason of his resigning.</em>” [emphasis added]</p>\r\n<p class=\"p1\">One can only imagine the stress and uncertainty arbitrators would suffer while battling to respond to a possibly vexatious allegation of bias that could lead to a three to 15 year jail sentence. Not only would they be subject to criminal investigation, they could also have their passport confiscated. And the mere fact that they were subject to a criminal investigation, however spurious or misconceived, could cause lasting damage to their reputation.</p>\r\n<p class=\"p1\">While UAE prosecutors and police are highly qualified and trained and unlikely to pursue a complaint that is not well founded, the mere prospect of arbitrators being subject to investigation is unacceptable to the arbitration community. The risks and consequential hassle – and the pressure it would place on arbitrators – are just too great.</p>\r\n<p class=\"p1\">As mentioned, this is why article 257 is already causing some arbitrators to resign from their appointments, refuse appointments, or insist that the seat of the arbitration be moved somewhere less risky.</p>\r\n<p class=\"p1\">For those considering resigning I have a further warning. Arbitrators in the UAE and elsewhere are viewed as judges, nominated by both parties to determine their dispute based on the procedures and law agreed by the parties and applying their best judgement to the case. They should not relinquish this role without first carefully considering their duty to act fairly, in the interests of justice and to avoid unnecessary expense and delay for the parties (which will inevitably occur upon resignation).</p>\r\n<p class=\"p1\">Moreover, their concern about the risk of prosecution under article 257 must be balanced against the risk of being held liable for compensation under article 207(2) of the UAE Federal Code of Civil Procedures. Under this article, parties to an arbitration can claim compensation from an arbitrator who resigns without a valid reason and in this context, the UAE courts would be unlikely to hold that the amendment to the penal code constituted a valid reason.</p>\r\n<p class=\"p1\">To sum up, article 257 means that the UAE can no longer be considered a desirable place to conduct arbitration and fewer and fewer arbitrators will agree to take up appointments here. Without a viable and effective arbitration system, international companies will feel less comfortable doing business and may go elsewhere. It seems that whoever drafted the amendments to the article – with the best of intentions – did not fully consider its consequences and the grave effect it may have on the UAE arbitration market.</p>\r\n<p class=\"p1\"><span class=\"s2\"> In light of all this, a number of arbitrators and legal practitioners from the UAE, backed by renowned international arbitrators and institutions, have made a plea to the UAE Cabinet of Ministers to review article 257 with a view to swiftly amending or repealing it. It is within the federal government’s power to change the law to cure this problem and to restore the UAE to its rightful place among the top-ranking arbitral centres worldwide. In the strongest possible terms, we politely request them to do so.</span></p>\r\n<p class=\"p1\"><em>This article first appeared in Global Arbitration Review on December 6, 2016.</em></p>'),
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	(101897,5539,'pageSummary','In the past 20 years, the United Arab Emirates has invested tremendously in international arbitration. The country has created state-of-the-art infrastructure and developed a wealth of arbitration centres including the Dubai International Arbitration Centre, Dubai International Financial Centre-London Court of International Arbitration, Abu Dhabi Commercial Conciliation and Arbitration Centre, Emirates Maritime Arbitration Centre and International Islamic Centre for Reconciliation and Arbitration.'),
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	(101909,5539,'_yoast_wpseo_metadesc','In the past 20 years, the United Arab Emirates has invested tremendously in international arbitration. The country has created state-of-the-art infrastructure and developed a wealth of arbitration centres.'),
	(101910,5540,'content','<p class=\"MsoNormal\">JASTA limits the applicability of “foreign sovereign immunity” under the federal judicial code, restricting its use in the US courts. Specifically, it gives federal courts jurisdiction over civil claims against a foreign state for physical injuries, death or damaged property that has occurred in the US on or after 11 September 2001 and which have been caused by:</p>\r\n\r\n<ol>\r\n 	<li>an act of international terrorism in the United States, and</li>\r\n 	<li>a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.</li>\r\n</ol>\r\n<p class=\"MsoNormal\">Furthermore, the law also allows claims to be filed against a Foreign State for loss and damage arising from acts of international terrorism committed by a designated terrorist organization. Section 4 of JASTA amends the federal criminal code to impose civil liability on a person who <em>“conspires to commit or aids and abets by knowingly providing substantial assistance’’ </em>for an act of international terrorism committed, planned, or authorized by a designated terrorist organization.</p>\r\n<p class=\"MsoNormal\">JASTA establishes exclusive jurisdiction to US federal courts over civil claims, but as per Section 5, it also authorizes <em>“the US Department of Justice (“DOJ”) to intervene in these proceedings to seek a stay. A stay will be granted if the Department of State certifies that the US is engaged in good-faith discussions with the Foreign State to resolve the civil claims”.</em></p>\r\n<p class=\"MsoNormal\">JASTA had an unconventional route through the legislative stages. It was passed by the Senate unanimously in May 2016<a href=\"#_edn1\">[i]</a> and by the House of Representatives unanimously in September 2016<a href=\"#_edn2\">[ii]</a>. The erstwhile President Obama vetoed the bill, however, on 23 September 2016<a href=\"#_edn3\">[iii]</a>. The US Congress then overrode that presidential veto through a Congress resolution (i.e. a constitutional provision that permits Congress to override a presidential veto if it receives a two thirds majority vote in both houses). This was the first and only override of a presidential veto during the Obama presidency<a href=\"#_edn4\">[iv]</a>. JASTA, consequently, became law on 28 September 2016<a href=\"#_edn5\">[v]</a>.</p>\r\n\r\n<h2><em>So, what about sovereign immunity? </em></h2>\r\n<p class=\"MsoNormal\">Sovereign Immunity (also referred to as State Immunity) is the principle in international customary law that protects a State from liability and enforcement of judgments made against it by another State. It is a principle that confirms the equality and independence of States.</p>\r\n<p class=\"MsoNormal\">The International Court of Justice described State Immunity as follows<a href=\"#_edn6\">[vi]</a>:</p>\r\n<p class=\"MsoNormal\"><em>“The Court considers that the rule of State immunity occupies an important place in international law and international relations. It derives</em> <em>from the principle of sovereign equality of States, which, as Article 2,</em> <em>paragraph 1, of the Charter of the United Nations makes clear, is one of</em> <em>the fundamental principles of the international legal order. This principle</em> <em>has to be viewed together with the principle that each State possesses sovereignty over its own territory and that there flows from that sovereignty the jurisdiction of the State over events and persons within that territory. Exceptions to the immunity of the State represent a departure from the principle of sovereign equality. Immunity may represent a departure from the principle of territorial sovereignty and the jurisdiction which flows from it.”</em></p>\r\n<p class=\"MsoNormal\"><strong><em> </em></strong></p>\r\n<p class=\"MsoNormal\"><strong><em>What is the effect of JASTA on sovereign immunity?</em></strong></p>\r\n<p class=\"MsoNormal\">JASTA is considered by many to undermine and weaken the fundamental doctrine of sovereign immunity and there has been widespread criticism of JASTA, both within the US and internationally.</p>\r\n<p class=\"MsoNormal\">In exercising his veto powers<a href=\"#_edn7\"><sub><sub>[vii]</sub></sub></a>, Obama acknowledged <em>that “JASTA departs from longstanding standards and practice under our Foreign Sovereign Immunities Act and threatens to strip all foreign governments of immunity from judicial process in the United States based solely upon allegations by private litigants”</em><a href=\"#_edn8\">[viii]</a>.</p>\r\n<p class=\"MsoNormal\">In November 2016, following the 10th Session of the Gulf Cooperation Council’s Shoura, the UAE’s Federal National Council’s (FNC) speaker, Dr. Amal Al Qubaisi, expressed great concern with regards to JASTA, stating that: <em>“The law undermines the foundations of international relations”.</em> Furthermore, she stressed the fact that all governmental and non-governmental entities need to cooperate in dealing with the challenges that JASTA imposes on the Nation, focusing primarily on the weakening of sovereign immunity.</p>\r\n<p class=\"MsoNormal\">Fundamentally, the introduction of JASTA will most probably allow various actions against a foreign state’s assets and interests within the US. Although JASTA makes no reference to enforcement, we are yet to see what powers this will confer in practice. This may include, but not be limited to, specific enforcement, pre-judgment attachment, injunctions, freezing orders and orders for discovery.</p>\r\n\r\n<h2><em>Just a law directed at Saudi Arabia or a more global dilemma?</em></h2>\r\n<p class=\"MsoNormal\">The passing of a bill impacting sovereign immunity will have myriad implications but may have the most immediate impact upon Saudi Arabia. JASTA, inflammatorily referred to as the ‘9/11 Bill’<a href=\"#_edn9\">[ix]</a> or ‘Sue the Saudis Bill’<a href=\"#_edn10\">[x]</a>, is perceived to provide the opportunity for economic redress in relation to the terrorist atrocities that occurred in New York. The Courts in the US have already received the first actions brought by plaintiffs against Saudi. The widow of a naval officer killed at the Pentagon on 9/11 filed the first action to apply JASTA in the District of Columbia, in which she alleges that Saudi provided material support to Osama bin Laden and Al Qaeda. Latterly another action has been filed in New York by the daughters of a man killed in the World Trade Center, in which it is alleged that Saudi Arabia knowingly and willingly provided material support to Al Qaeda. In this case, the plaintiffs seek judgment in excess of USD $20 million and treble damages. Due to the timescales involved, there has been no substantive action taken on these cases to date <a href=\"#_edn11\">[xi]</a>.</p>\r\n<p class=\"MsoNormal\">On 22<sup>nd </sup>November 2016, His Excellency Abdulrahman S. Alahmed, Saudi’s Ambassador to Belgium, Luxembourg and head of KSA’s mission to the European Union, voiced Saudi concern in relation to JASTA: <em>“We must ask ourselves whether we are willing to open up this Pandora’s Box at the risk of destabilizing international cooperation in the fight against terrorism… It is our hope that wisdom will prevail and that Congress will take the necessary steps to correct this legislation to mitigate its scope and avoid the serious unintended consequences that may ensue.”</em></p>\r\n<p class=\"MsoNormal\">Prior to JASTA, tensions between both countries had increased following President Obama’s nuclear deal with Iran despite KSA’s objections to it and the restrictions that remain under the Joint Comprehensive Plan of Action (“JCPOA”). It must be noted, however, that the law does not specifically mention Saudi Arabia, it applies to all states.</p>\r\n<p class=\"MsoNormal\">At the Gulf Cooperation Council on 27<sup>th</sup> October 2016, US Treasury Department Secretary, Jacob J. Lew, stated that <em>“(JASTA) would enact broad changes in long standing international law regarding sovereign immunity that, if applied globally, could have serious implications for (US/GCC) shared interests”<a href=\"#_edn12\"><strong>[xii]</strong></a></em>. Indeed, President Trump will now have to assure all the GCC States that the United States will remain a safe zone for their investments, an assurance that may be viewed with scepticism following recent executive orders.</p>\r\n<p class=\"MsoNormal\">Ironically however, the US may be the State most affected by this legislation. According to Obama’s presidential memoranda<a href=\"#_edn13\"><sub><sub>[xiii]</sub></sub></a>: “enactment of JASTA could encourage foreign governments to act reciprocally and allow their domestic courts to exercise jurisdiction over the United States or U.S. officials -- including our men and women in uniform -- for allegedly causing injuries overseas via U.S. support to third parties.”</p>\r\n<p class=\"MsoNormal\">Indeed, as reported in the press, Pierre Lellouche, a Member of the Foreign Affairs Committee in the French National Assembly stated that he would pursue legislation that would permit French citizens to sue the United States with cause should JASTA enter into force<a href=\"#_edn14\">[xiv]</a>.</p>\r\n<p class=\"MsoNormal\">Reciprocal arrangements could lead to untold consequences for the US. Prior to the introduction of JASTA, Argentina had already made a successful application before the ICJ against the US for violating its sovereignty over decisions in the US courts over the restructuring of Argentine debt<a href=\"#_edn15\">[xv]</a>.</p>\r\n<p class=\"MsoNormal\">Any challenges caused by JASTA that the US government faces may influence the conduct of US foreign policy, including in the Middle East, as the spheres of politics, diplomacy, trade and domestic litigation become more entwined through the use of JASTA and any foreign parallel legislation. The most profound consequence may be that a US administration may lack confidence to act overseas when it otherwise would have done so.</p>\r\n<p class=\"MsoNormal\">This concern is not simply legal or political, it is also shared by US business interests internationally. It has been reported that the US-UAE Business Council sent a letter in November 2016, supported by numerous major US companies, to US senators, urging them to reconsider amending the act to avoid the destabilization of the global economy.</p>\r\n<p class=\"MsoNormal\">Within the US, their economy may also be destabilized as a result of foreign countries withdrawal of assets from fear of liability. According to statistics published by the US Treasury Department, Saudi Arabia had $116.8 billion in securities in the US in March 2016, but this has now been reduced to $100.1 billion in November 2016<a href=\"#_edn16\"><sub><sub>[xvi]</sub></sub></a>. This may be the start of Saudi Arabia selling some of its large portfolio of US Treasury bills in volumes that could then impact the attraction of holding US government debt for other investors. This domino effect could then influence the ability of the US government to raise debt to fund its activities <a href=\"#_edn17\">[xvii]</a>.</p>\r\n\r\n<h2><em>What Next?</em></h2>\r\n&nbsp;\r\n\r\nThe implementation of JASTA appears to be fraught with problems and unexpected consequences, irrespective of whether this law may be considered attractive on the face of it (in ensuring governments do not act by proxy to conduct terrorism).\r\n\r\nAlthough we are starting to see the first cases filed, JASTA is still in its infancy and it is not possible to predict all the possible risks and scenarios associated with it. The future will provide answers to difficult questions that are raised by JASTA. Will countries retaliate to JASTA and introduce their own legislation to protect themselves? Will they introduce reciprocal legislation as threatened? Is it prudent to impose a law that can cause disruption to international relations (particularly between the US and KSA), as well as the global economy?\r\n\r\nWhilst the best step may be for the US to repeal the legislation, JASTA must now also be considered in the context of a Trump presidency as highlighted above. The Trump administration has entered office knowing that the future of US-Saudi relations will almost inevitably be affected by JASTA.\r\n\r\nAs the JASTA lawsuits progress we will see whether this legislation can make America great again, or whether it is just another stumbling block to improved US-Middle East relations.\r\n\r\n&nbsp;\r\n\r\nFor any query or follow up on this significant topic, please contact Ibtissem Lassoued, Partner, Financial Crime, at <a href=\"mailto:i.lassoued@tamimi.com\">i.lassoued@tamimi.com</a>.\r\n<p class=\"MsoNormal\"><strong><em>Note: This article first appeared in Al Tamimi &amp; Company Law Update, Issue 295 Dec 2016 – Jan 2017, pp.14-17 and has been updated since then for the purpose of this publication.</em></strong></p>\r\n\r\n<div>\r\n\r\n&nbsp;\r\n\r\n<hr size=\"1\" />\r\n\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref1\">[i]</a> https://www.congress.gov/bill/114th-congress/senate-bill/2040/all-info</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref2\">[ii]</a> Ibid.</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref3\">[iii]</a> Ibid.</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref4\">[iv]</a> Article 1 Section 7 US Constitution. See also E Rybicki, ‘Veto Override Procedure in the House and the Senate’, Congressional Research Service http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270DP%2BP%2CC%3E%23P%20%20%0A</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref5\">[v]</a> https://www.congress.gov/bill/114th-congress/senate-bill/2040/all-info</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref6\">[vi]</a> Jurisdictional Immunities of the State (Germany v. Italy : Greece intervening), Judgment, I.C.J. Reports 2012, p. 123-124</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref7\">[vii]</a> Important note: Donald Trump will be inaugurated on 20 January 2017, this article was written end of December 2016.</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref8\">[viii]</a> <a href=\"https://www.whitehouse.gov/the-press-office/2016/09/23/veto-message-president-s2040\">https://www.whitehouse.gov/the-press-office/2016/09/23/veto-message-president-s2040</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref9\">[ix]</a> <a href=\"http://www.bbc.com/news/world-us-canada-37504158\">http://www.bbc.com/news/world-us-canada-37504158</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref10\">[x]</a> <a href=\"https://www.rt.com/usa/360975-senate-overrides-veto-jasta/\">https://www.rt.com/usa/360975-senate-overrides-veto-jasta/</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref11\">[xi]</a> Correct as of 21 February 2017</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref12\">[xii]</a> <a href=\"https://treasury/gov/press-center/press-releases/Pages/jl0597.aspx\">https://treasury/gov/press-center/press-releases/Pages/jl0597.aspx</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoNoSpacing\"><a href=\"#_ednref13\">[xiii]</a> <a href=\"https://www.whitehouse.gov/the-press-office/2016/09/23/veto-message-president-s2040\">https://www.whitehouse.gov/the-press-office/2016/09/23/veto-message-president-s2040</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref14\">[xiv]</a> <a href=\"http://www.nytimes.com/2016/09/10/us/politics/house-911-victims-saudi-arabia.html?_r=0\">http://www.nytimes.com/2016/09/10/us/politics/house-911-victims-saudi-arabia.html?_r=0</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref15\">[xv]</a> http://www.icj-cij.org/presscom/files/4/18354.pdf</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref16\">[xvi]</a><a href=\"http://ticdata.treasury.gov/Publish/mfh.txt\">http://ticdata.treasury.gov/Publish/mfh.txt</a></p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoEndnoteText\"><a href=\"#_ednref17\">[xvii]</a>New York Times article dated 19 April 2016 ‘Saudi Threat to Sell U.S. Assets Could Hurt, but Mostly the Saudis‘,http://www.nytimes.com/2016/04/20/business/international/saudi-threat-to-sell-us-assetscould-hurt-but-mostly-the-saudis.html?_r=0</p>\r\n\r\n</div>\r\n</div>\r\n<p class=\"p1\"></p>'),
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	(102017,5546,'pageSummary','This is a brief outline of the key changes introduced by Federal Decree Law No. 17 of 2016 to Federal Decree Law No. 11 of 2008 on Human Resources in the Federal Government:'),
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	(102011,5546,'content','<p class=\"p1\">December 2016 - January 2017</p>\r\n\r\n\r\n<hr />\r\n\r\n<ul>\r\n 	<li>The word “Ministry” has been replaced by the expression “Federal Authority and the word “Minister” by the expression “Head of the Federal Authority”.</li>\r\n 	<li>UAE national employees shall be hired on a renewable three year fixed-term contract, with the exception of those employees on temporary and special contracts.</li>\r\n 	<li>The probation period for new hires has been increased to six months and can be extended by a further three months.</li>\r\n 	<li>The Decree provides that employees who join the national service shall take the balance of their leave entitlement by 31 December of the year following the year in which their service terminated or opt to receive pay for leave not taken, as specified by the implementing regulations.</li>\r\n 	<li>Employees with chronic medical conditions can now apply for extended sick leave with full pay to be granted at the discretion of the medical committee.</li>\r\n 	<li>Maternity leave for women employed in permanent job positions has been increased to three months with full pay.</li>\r\n 	<li>The sabbatical leave entitlement is now one month.</li>\r\n 	<li>Special leave to accompany a second degree relative for overseas treatment has been reduced to one month with full pay for the first fifteen days, with an option to extend for one month.</li>\r\n 	<li>Special leave to accompany a first degree relative for local treatment has been reduced to one month with full pay for the first fifteen days, without an option to extend.</li>\r\n 	<li>The additional leave available to employees enrolled at accredited institutes and schools is one day to sit an exam overseas and may not exceed fifteen days per year.</li>\r\n 	<li>The written investigation requirement for imposing administrative penalties has been cancelled.</li>\r\n 	<li>Employees that violate policy could potentially be subject to an additional penalty of demotion to a position in the next lower pay grade.</li>\r\n 	<li>Gratuity is to be calculated as follows:\r\n<ul>\r\n 	<li>\r\n<div>on one month’s base pay for each year of the first five years of service, using the average pay for the last   five years; and</div></li>\r\n 	<li>on one and a half months’ base pay for each additional year, using the average pay for the last five years.</li>\r\n</ul>\r\n</li>\r\n</ul>\r\n&nbsp;\r\n\r\n&nbsp;\r\n\r\n&nbsp;'),
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	(101984,5544,'content_description','The Chairman of the Securities and Commodities Authority of the United Arab Emirates (‘SCA’) issued, on 28 April 2016, the Resolution on Corporate Discipline and Governance Standards of Public Joint Stock Companies (Resolution No. 7 R.M. of 2016) (‘New Governance Rules’) in order to:'),
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	(101986,5544,'pageSummary','The Chairman of the Securities and Commodities Authority of the United Arab Emirates (‘SCA’) issued, on 28 April 2016, the Resolution on Corporate Discipline and Governance Standards of Public Joint Stock Companies (Resolution No. 7 R.M. of 2016) (‘New Governance Rules’) in order to:'),
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	(101994,5544,'_yoast_wpseo_metadesc','The purpose of this article is to compare the New and Repealed Governance Rules and highlight some of the provisions that are related to ‘Related Parties’, ‘Insiders’ and ‘Conflict of Interest’ that we consider would benefit from clarification from SCA.'),
	(101995,5545,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\">The leasing of premises in the Emirate of Dubai is generally regulated by Law No. 26 of 2007 (as amended by Law No. 33 of 2008) (the “Dubai Tenancy Law”). However, the leasing of premises located within the Dubai International Financial Centre (“DIFC”) is governed by the DIFC Real Property Law No. 4 of 2007 (the “DIFC Tenancy Law”), which is based on common law principles. Both Dubai Tenancy Law and DIFC Tenancy Law apply to residential, commercial, industrial and retail premises. This article focuses on the material differences between the two laws.</p>\r\n<p class=\"p1\">When entering into, renewing or terminating tenancy agreements, it is important to consider the provisions of the relevant law and what rights or obligations may apply.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Registration</strong></span></p>\r\n<p class=\"p1\">Article 4(a) of the Dubai Tenancy Law prescribes registration of all tenancy agreements with the Real Estate Regulatory Agency (“RERA”) in the Ejari system. Whilst there are no penalties for non-registration stated in the Dubai Tenancy Law, a tenant who fails to register is likely to face practical problems, when, for example, renewing trade licenses, visa sponsorships and utility connections. The Ejari registration fee is currently set at AED 215 and upon successful registration, the tenant obtains an Ejari registration certificate evidencing registration of its tenancy agreement with RERA.</p>\r\n<p class=\"p1\">This differs from the position under Article 54 of DIFC Tenancy Law, under which the landlord is obliged to register tenancy agreements with a term exceeding one year, with the Registrar of Real Property (the “Registrar”), within 28 days from the date of the contract, failing which the landlord can be subject to a fine of USD 1,000. For all tenancy agreements with a term of one year or less, registration with Registrar is optional. The landlord can complete the registration of DIFC tenancy agreements, online through the DIFC client portal and the registration fee is currently set at AED 367.50.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Terms of the lease</strong></span></p>\r\n<p class=\"p1\">Whilst the terms and conditions of the signed tenancy agreement regulate the relationship of landlord and tenant (so long as it is not against public policy), if the contract is silent on a matter, the parties may rely upon the provisions of Dubai Tenancy Law on that particular issue.</p>\r\n<p class=\"p1\">Under the DIFC Tenancy Law, the parties have the freedom to contract and the terms of the tenancy agreement will generally govern their relationship. This approach is driven by the fact that the DIFC Tenancy Law does not elaborate on the rights and obligations of the two parties and focuses only on issues such as registration, effects of termination, effects of the surrender of a lease and the implied powers of the landlord.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Renewal and Renewal Rent</strong></span></p>\r\n<p class=\"p2\">The renewal rent in Dubai is governed by Decree No. 43 of 2013 which determines the permitted increase in rent in Dubai upon renewal of a tenancy agreement (“Decree 43”). Therefore, any increase of rent upon renewal by the landlord must comply with Decree 43. The parties to the contract can access the rental increase calculator managed by RERA at the DLD website (http://www.dubailand.gov.ae/English/Pages/rental-increase-calculator.aspx), which determines the permissible increase in the rent upon renewal of the tenancy agreement.</p>\r\n<p class=\"p1\">The tenant has a right to notify the landlord whether it intends to renew the tenancy agreement upon expiry, subject to compliance with the terms of the tenancy agreement. If the tenancy contract is silent about the renewal notification, then Article 14 of Dubai Tenancy Law applies and requires either party to the contract to serve a minimum of 90 days’ written notice prior to the expiry date, notifying the other party of any amendment to the terms of the tenancy contract (including renewal for a successive term). The landlord does not have the right to terminate the tenancy agreement upon expiry except on four limited grounds, which are set out in Article 25 (2) of Dubai Tenancy Law. The four grounds are:</p>\r\n\r\n<ul>\r\n 	<li>personal use of the property by the landlord or for use by his first degree relatives;</li>\r\n 	<li>sale of the property;</li>\r\n 	<li>demolition of the property; or</li>\r\n 	<li>comprehensive maintenance of the property.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\">The crucial pre-condition for the landlord to seek eviction of the tenant is a prior 12 months’ notice (served by the Notary Public or registered mail) on the tenant and providing its reason for termination and the proposed eviction date.</p>\r\n<p class=\"p1\">In the event that there is no discussion of renewal between the parties, and the tenant continues to occupy the leased premises upon expiry of the tenancy agreement without any objection from the landlord, the tenancy agreement is renewed for the same term or for a period of one year (whichever is shorter) on the same terms as the original tenancy agreement.</p>\r\n<p class=\"p1\">The DIFC Tenancy Law does not provide an automatic right of renewal for tenants and any right to renew for a successive term must be included in the tenancy agreement. Without such express terms to renew, the tenant will be required to vacate upon expiry of the tenancy agreement. It is important to note that Decree 43 also applies to the DIFC and therefore the landlord must comply with the permissible rent increase limits upon renewal. From a practical point of view, Decree 43 is often difficult to implement in cases where the tenancy agreement does not contain an automatic right of renewal and if discussions between the landlord and tenant on renewal fail. In such cases, the tenant will be forced to vacate the leased premises upon the expiry of the tenancy agreement. On the other hand, if the tenancy agreement does contain an automatic right of renewal, then upon the expiry date, the tenancy agreement shall be deemed to be automatically renewed and if the landlord and tenant fail to agree upon the renewal rent (which is in compliance with Decree 43), then the matter can be referred to the DIFC Small Claims Tribunal for resolution.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Dispute Resolution</strong></span></p>\r\n<p class=\"p1\">The Rental Disputes Settlement Centre (“RDSC”) has exclusive jurisdiction over the tenancy disputes in Dubai (excluding tenancy disputes within the DIFC), rent disputes arising out of a lease finance contract, and disputes arising out of long term lease contracts. The RDSC is made up of two levels of litigation. The first level is the First Instance Circuit which consists of a judge and two real estate experts. Some of the judgments issued by the First Instance Circuit may be appealed within 15 days to the Appeal Circuit. The Appeal Circuit’s decisions are final and may not be appealed further.</p>\r\n<p class=\"p1\">The filing fee for an eviction claim is 3.5% of the annual rent with a minimum of AED 500 and a maximum of AED 20,000. If any outstanding amounts are owed, the fee is 3.5% of the claim amount with a minimum of AED 500 and a maximum of AED 15,000. Once the claim has been filed and served, there will be a series of hearings approximately two weeks apart during which parties formally appear and file memoranda (or pleadings) which set out the claim, defence and all other evidence upon which the parties rely. Normally all arguments, pleadings and documents submitted to the RDSC are made by written submissions. The number of hearings (and hence the time it will take to set the matter down for judgment) will depend on the length of time taken to serve the defendants, which is required at all stages of the proceedings, and the complexity of the issues and memoranda that are filed. The execution stage is handled by the RDSC to increase efficiency. The execution fee for eviction claims is 1% of the annual rent with a maximum of AED 5,000, while the execution fee for a monetary claim is AED 135.</p>\r\n<p class=\"p1\">The DIFC Small Claims Tribunal has exclusive jurisdiction over tenancy disputes in the DIFC, where the claim amount does not exceed AED 500,000. The filing fee is 5% of the value of the claim, with a minimum of USD 100. Upon the filing and serving of a claim form, the Defendant has 7 days to admit the claim, defend the claim, or challenge the Tribunal’s jurisdiction. If the claim is admitted, the Tribunal will issue a judgment on the claim. If the claim is defended, the Tribunal will schedule a consultation hearing, at which the parties will attempt to settle their dispute amicably. If a settlement is reached, the Tribunal will issue a consent order recording the terms of the settlement. If no settlement is reached, the Tribunal will either schedule a further consultation or make arrangements for the hearing of the claim. The hearing of the claim is relatively informal, with both parties ordinarily being unrepresented and the hearing being held in private. A winning party’s recovery of its costs is usually limited to the Court or Tribunal fees that it has paid, unless the other party has acted unreasonably. The Tribunal’s order is enforceable in the same way as a Court of First Instance order and appeals from the Tribunal are to the Court of First Instance.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Termination of Tenancy Agreement </strong></span></p>\r\n<p class=\"p1\">Article 25(1) of the Dubai Tenancy Law set out the following events of default which permit the landlord to seek early termination of the tenancy agreement:</p>\r\n\r\n<ul>\r\n 	<li>failure to pay outstanding rent despite receipt of 30 days’ notice from the landlord (or a shorter notice period agreed in the tenancy agreement);</li>\r\n 	<li>subletting the leased premises without prior written consent of the landlord;</li>\r\n 	<li>illegal or immoral use of the leased premises which is not in accordance with public order;</li>\r\n 	<li>abandoning commercial leased premises without reason for 30 consecutive days or 90 non-consecutive days within a year, unless agreed otherwise between the parties;</li>\r\n 	<li>any change caused to the leased premises rendering it unsafe for use or damages its original state;</li>\r\n 	<li>unauthorised use of the leased premises or use which is in violation of planning, construction and use of land regulations in force in Dubai;</li>\r\n 	<li>condemnation of the leased premises as evidenced by a technical report issued/ approved by Dubai Municipality;</li>\r\n 	<li>breach of the tenant’s obligations as stated in the tenancy agreement or applicable laws despite receipt of 30 days’ notice period from the landlord; or</li>\r\n 	<li>requirements to demolish or reconstruct the leased premises upon receipt of request to do so from the competent government authorities.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\">Should the landlord wish to terminate the tenancy agreement prior to its expiry pursuant to an event of default, a prior written notice of default to the tenant with a 30 days’ notice period should be served through the Notary Public or by registered mail.</p>\r\n<p class=\"p1\">We often receive queries from our clients on the position of unilateral termination or early termination of a lease due to a change in the financial circumstances of the tenant. UAE law does not recognise the right of unilateral termination (without a court order) or early termination at the option of either party. Therefore, any commercial understanding between parties agreeing to such termination rights must be recorded in writing.</p>\r\n<p class=\"p1\">Article 62(4) of the DIFC Tenancy Law allows the landlord to terminate and re-enter the leased premises upon the occurring of any of the following events of default:</p>\r\n\r\n<ul>\r\n 	<li>Outstanding rent which is more than 30 days overdue (there is no requirement to serve a default notice on the tenant).</li>\r\n 	<li>Breach of any term of the tenancy agreement (either express or implied) and the tenant’s failure to remedy the breach, despite having received a default notice from the landlord providing 30 days to remedy the breach. The parties to the tenancy agreement may choose to increase the prescribed 30 days’ notice period but cannot reduce this period.</li>\r\n</ul>\r\n<p class=\"p6\">Upon termination of a tenancy agreement due to tenant’s default, Article 60 of the DIFC Tenancy Law requires the Registrar to record the termination in the register.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Conclusion</strong> </span></p>\r\n<p class=\"p1\">Tenancy laws in Dubai are the same for residential, commercial and industrial leases. With a maturing real estate sector in Dubai, there is a need for introduction of a new specialised law which is equipped to regulate the different needs for each sector. We are aware that the DLD and RDSC are currently working to introduce a new tenancy law(s) and we are of view that such new law will improve the leasing sector and thereby elevate the overall real estate market in Dubai.</p>\r\n<p class=\"p1\"><span class=\"s2\"> The tenancy law in the DIFC similarly applies to residential, commercial and industrial leases. It generally upholds the parties’ freedom to contract, though the rent caps in Decree 43 are applicable to premises in the DIFC despite any terms that expressly permit the landlord to increase rent in a manner contrary to Decree 43. However, practically, Decree 43 offers limited protection to tenants in the DIFC. This is because there is no automatic renewal of tenancies on the same terms and the DIFC Courts will uphold clauses permitting landlords to terminate at will if the tenant is unwilling to pay an excessive rent.</span></p>'),
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	(101964,5542,'_yoast_wpseo_metadesc','Al Tamimi & Company presents a summary of notes from Nick O’Connell’s presentation entitled ‘Consumer Privacy in the Smart Era’, delivered at the Telecoms Law and Regulation in the Middle East 2016 conference held in Dubai on 6 and 7 December 2016.'),
	(101965,5543,'content','<p class=\"p1\">Cloud computing is a particular innovation that is growing rapidly worldwide with more and more businesses, government entities, and consumers adopting cloud services.</p>\r\n<p class=\"p1\"><span class=\"s1\"> As you are probably aware, cloud computing is a type of computing that relies on sharing computing resources through remote access and universal data storage, rather than having local servers or personal devices to handle applications. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> If GCC countries are serious about positioning their major centres as strategic business hubs, they need more high specification data centres to store the increasing volume of data and to attract leading international cloud providers.</span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Customer Experience</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">From a consumer perspective, there are three main reasons why having more local data centres and internet exchange points are important to the overall customer experience for cloud services:</span></p>\r\n\r\n<ul>\r\n 	<li>local exchange of data or hosting reduces latency as data passes via a more direct local route;</li>\r\n 	<li>use of more direct route reduces packet loss, consequently increasing data transfer speeds; and</li>\r\n 	<li>local Internet Service Providers (‘ISP’) can reduce their upstream data transit download charges payable to offshore wholesale internet access suppliers.</li>\r\n</ul>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Regional Snapshot</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">According to datacentermap.com there are currently 104 co-location data centres across 14 Middle East countries.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> By comparison there are:</span></p>\r\n\r\n<ul>\r\n 	<li>359 across 14 countries in Asia;</li>\r\n 	<li>1088 across 23 countries in Europe; and</li>\r\n 	<li>1,798 in North America.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s1\">There are 8 listed in the UAE. Malta and Lithuania also have 8. Cyprus has 12. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Cloud Readiness</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">Based on a scorecard system developed by BSA – The Software Alliance (www.bsa.org) to measure ‘cloud readiness’ of a country, there are some aspects in the current legal and regulatory regimes of GCC countries that may need to be addressed for the GCC to be assessed as a more favourable environment for cloud computing. </span></p>\r\n<p class=\"p1\"><span class=\"s1\"> By way of example only, in the UAE context (which broadly represents a median for the regional regimes) the following are likely to be seen as potential issues:</span></p>\r\n\r\n<ul>\r\n 	<li>There is no express data breach notification law. Data breach notification laws are laws that require an entity that has been subject to a data breach to notify their customers and other parties about the breach, and take other steps to remediate injuries caused by the breach.</li>\r\n 	<li>ISPs are subject to mandatory filtering and censoring. For example, The UAE‘s Telecommunications Regulatory Authority (‘TRA’) has established the ‘Internet Access Management’ regulatory policy that regulates access to the content available on the Internet in the UAE. The policy includes a list of categories of prohibited content that contradicts with UAE’s Islamic identity, culture, tradition, laws, and regulations. ISPs are obliged to block access to the websites and pages that contain content that fall within these prohibited categories.</li>\r\n 	<li>There are no safe-harbour provisions which protect ISPs. <em>Federal Law No. (7) of 2002 Pertaining to Copyrights and Neighbouring Rights</em> (“Copyright Law”) contains no “safe harbour” provisions designed to immunise intermediaries from liability for copyright damages. The Copyright Law contains no provision dealing expressly with secondary liability at all.</li>\r\n</ul>\r\n<p class=\"p6\"><span class=\"s1\">There is also an aspect of the UAE legal system that could potentially be misconstrued as a regulatory hurdle. The UAE uses the inquisitorial system, which is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defence. Under the inquisitorial system, which is tied to common Civil Law, the truth is uncovered through questioning those most familiar with the dispute by a judicial authority. It’s up to an ‘independent’ prosecutor or investigating magistrate to distinguish between reliable and unreliable evidence. Accordingly, under <em>Federal Law No. 35 Concerning the Penal Procedures Law</em>, the Public Prosecution (not the police) , in proceeding with an investigation, can order a person in possession of something which the Public Prosecution deems should be seized or perused, to submit it (see Article 78). This could include data held by data hosting providers.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Those more used to an adversarial system, where judges focus on the issues of law and procedure and act as a referee in the contest between the defence and the prosecutor, are often uncomfortable with the investigative powers of the public prosecution. However, the inquisitorial system is not unique to the Middle East. If the cloud related aspects of a business are in France, Germany, or Japan the public prosecutions will have similar powers.</span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Proposed Cloud Regulation in KSA</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">To address objectives that include encouraging investment in a local cloud industry Saudi Arabia’s Communications and Information Technology Commission (‘CITC’) has recently undertaken public consultation on the proposed regulation of cloud computing.</span></p>\r\n<p class=\"p1\">The CITC is proposing a Cloud Infrastructure and Services License (‘CISL’) for Cloud Service Providers (’CSPs’) with data centres, or other key cloud infrastructure, in the Kingdom and those processing or storing sensitive user content.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The proposed regulations seek to address many of the gaps outlined above. For example: </span></p>\r\n\r\n<ul>\r\n 	<li>The draft regulations provide that a CSP will not incur liability based only on the fact that unlawful content or user content stored or processed by the CSP’s cloud system infringes a third party’s intellectual property rights.  Nor will the CSP have an obligation to actively monitor their cloud system for content that infringes a third party’s intellectual property rights. However, a CSP must remove or render inaccessible content on their cloud system that infringes a third party’s intellectual property rights if they are ordered to do so by the CITC or any other authorised entity in the Kingdom.</li>\r\n 	<li>Further, CSPs must inform cloud users and the CITC, without undue delay, of security breaches or information leakages, depending on the affect or likely affect of such breaches or leakages.</li>\r\n</ul>\r\n<p class=\"p6\">There are some aspects of the proposed regulation that do require careful consideration. It is proposed that no ‘Level 3’ user content can be transferred outside Saudi Arabia. While the higher Level 4 classifies concerns highly sensitive or secret content belonging to concerned governmental agencies or institutions (and it is understandable that there may be a reason to localise such content), the ‘Level 3’ classification in the proposed regulations is much broader and includes ‘sensitive’ user content of private sector companies or organisations. What is ‘sensitive’ is not defined.</p>\r\n<p class=\"p1\"><span class=\"s1\"> However, overall, the CITC’s proposed cloud-specific regulations should be welcomed as a positive move to benefit users of cloud services and for the development of the cloud industry in Saudi Arabia, and will hopefully act as a prompt for appropriate cloud-specific regulation in other GCC jurisdictions.</span></p>'),
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	(101969,5543,'content_description','Innovations in recent years have led to a major explosion in the consumption and processing of data.'),
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	(101980,5544,'content','December 2016 - January 2017\r\n\r\n<hr />\r\n\r\n<ul>\r\n 	<li>list a set of new corporate governance rules in accordance with, and to adhere to, the Commercial Companies (Federal Law No. 2 of 2015) (‘CCL’); and</li>\r\n 	<li>repeal the UAE Ministerial Resolution on Governance Rules and Corporate Discipline Standards (Ministerial Resolution No. 518 of 2009) (‘Repealed Governance Rules’).</li>\r\n</ul>\r\n<p class=\"p4\">The purpose of this article is to compare the New and Repealed Governance Rules and highlight some of the provisions that are related to ‘Related Parties’, ‘Insiders’ and ‘Conflict of Interest’ that we consider would benefit from clarification from SCA.</p>\r\n<p class=\"p1\">It is worth mentioning that any capitalised terms used in this article have the same meaning to those mentioned in the New Governance Rules, unless provided otherwise in this article.</p>\r\n<p class=\"p6\"><span class=\"s1\"><strong>Definitions</strong></span></p>\r\n<p class=\"p1\">For the purposes of this article, it is important to refer to the following definition under the New Governance Rules:</p>\r\n<p class=\"p1\">‘<strong>Deals</strong>: Transactions, contracts or agreements entered into by a public joint stock company that is listed in the market and do not fall under the main activity of such company or by way of including preferential terms that are not usually granted by the company to its clients, in addition to any other deals to be specified by SCA from time to time by virtue of a resolution, instruction or circulation issued thereby.’</p>\r\n<p class=\"p6\"><span class=\"s1\"><strong>Related Parties</strong></span></p>\r\n<p class=\"p1\">The new definition of the term ‘Related Party’ (which is now exactly the same as the definition provided in the CCL) was amended under the New Governance Rules to limit the Related Parties to the Chairman, Board Members, members of the Senior Executive Management, and the employees of the Company, in addition to the companies to which any of such persons own at least 30 per cent of their share capital, as well as Sister and Allied companies and Subsidiaries.</p>\r\n<p class=\"p1\">The reason for such limitation can be regarded to the fact that these are the only persons that hold an obligation to disclose any dealings they have or intend to have with the Company. Expanding the scope of the definition to include parties who have no direct relation with the Company, such as Relatives, is impractical and it makes no sense to burden such parties with disclosure obligations toward the Company, thereby making it impossible to implement in reality.</p>\r\n<p class=\"p1\"><span class=\"s2\"> Another major difference between the old and new definition with regards to Related Parties is that the new definition considers companies where at least 30 per cent of its shares are owned by the Chairman, Board Members, members of the Senior Executive Management, or the employees of a publicly listed company to be a Related Party while the old definition considered Related Parties to be companies controlled by such persons, which is no longer the case. The issue of whether owning 30 per cent of the shares has to be directly or indirectly is raised again since the New Governance Rules is silent in this regard. In our opinion, the 30 per cent shareholding can be either direct or indirect since, again, indirect owners have the same benefits as direct owners.</span></p>\r\n<p class=\"p1\">With regard to the Deals concluded with Related Parties, the main difference between the two rules is that the New Governance Rules have set an obligation, in accordance with Article 152 of the CCL, that any Deals between the Company and a Related Party has to be approved by the Board of Directors, if the value of the Deal is 5 per cent or less than the Company’s capital, and the approval of the Company’s general assembly, if such value exceeds 5 per cent. The Repealed Governance Rules, on the other hand, only required the approval of both the Board of Directors and general assembly if the Deals’ value is 10 per cent or more of the Company’s total assets.</p>\r\n<p class=\"p1\">Another difference is that the New Governance Rules further stipulate that any Deals which value exceeds 5 per cent of the Company’s capital has to be evaluated by a valuator that is accredited by SCA before obtaining the approval of the Company’s general assembly, in order for such Deal to be concluded. Such obligation did not exist in the Repealed Governance Rules.</p>\r\n<p class=\"p1\">However, the main issue that rises in this regard is whether the value of the Deals should be aggregated or if the calculation is per each Deal per se (i.e. whether the obligation to obtain the approval of the general assembly for Related Party Deals that exceeds 5 per cent of the Company’s capital is required for the accumulative value of Deals concluded between the Company and a specific Related Party or is it calculated per each Deal only, irrelevant to whether it is the same Related Party in each Deal or not). The problem is that the wording of ‘Deals’ in Article 15 of the New Governance Rules (which is the same as Article 152 of the CCL) comes in the context of a plural, which may mean that if the value of the total Deals concluded with a certain Related Party, whether all Deals are to be concluded at the same time or on different occasions throughout the year for example, exceeds 5 per cent of the Company’s capital, then the approval of the general assembly will be required.</p>\r\n<p class=\"p1\"><span class=\"s3\"> The problem is that the New Governance Rules were issued recently and, therefore, have not been put into practice, which creates substantive confusion in this regard. Our interpretation is that, even if there are several Deals with a single Related Party, whether they are all at the same time or on different occasions, each Deal will still require a separate evaluation as long as such Deals are not related to each other. This can be based on the following:</span></p>\r\n\r\n<ul>\r\n 	<li>From a practical perspective, it will create many practical issues to have to wait till the aggregate value of the Deals concluded with a certain Related Party exceeds 5 per cent of the Company’s capital and then evaluate such Deals, since some Deals may have already been carried out or finalised, or the valuation of certain Deals at the time of concluding it with the Company may be different from the time on which it will be evaluated once the aggregated value of Deals concluded with Related Party has exceeded 5 per cent of the Company’s capital;</li>\r\n 	<li>If the New Governance Rules do mean the aggregate value of the Deals concluded with a certain Related Party, then it should have mentioned a time frame for such Deals (i.e. Deals concluded, for example, in the last six or twelve months, since not all Deals have to be concluded at the same time; and</li>\r\n 	<li>The definition of ‘Deals’ is already mentioned in the plural context in Article 1 of the New Governance Rules; therefore, it can mean a single or more than one Deal.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p4\">Having said this, we do not believe that this should mean that the Company has the right to break down a Deals’ value that exceeds 5 per cent of the Company’s capital to more than one transaction, whereby the value of each transaction is less than 5 per cent of the Company’s capital. In this case, the Company still has an obligation to evaluate the aggregate value of such Deal and obtain the approval of the general assembly.</p>\r\n<p class=\"p1\"><span class=\"s2\"> Bearing in mind the definition of ‘Deals’ mentioned above, it is further worth mentioning that Article 15 of the New Governance Rules may seem to contradict with Article 152 of the CCL in terms of whether the valuation of Deals whose value are less than 5 per cent of the Company’s capital is required or not. The wordings of Article 152 of the CCL appear to mean that such evaluation is required, while the New Governance Rules explicitly mentions that it is not. Taking into consideration that the New Governance Rules are enacted by SCA, which is the regulatory body whose objectives include ensuring the compliance of publicly listed companies with the CCL, it is therefore understood from the New Governance Rules that SCA’s interpretation of Article 152 of the CCL is reflected in Article 15 of the New Governance Rules. This means that the valuation of Deals, whose values are less than 5 per cent of the Company’s capital, is not required.</span></p>\r\n<p class=\"p1\">As for disclosure by Related Parties, the main difference between the two rules is that the New Governance Rules have set an obligation that any Deals between a Related Party, on one side, and the Company, a Subsidiary, or a Sister Company, on the other side, has to be disclosed to the Board of Directors, whatever is the value of the Deal. The Repealed Governance Rules, on the other hand, only required the disclosure if the Deals’ value is 10 per cent or more of the Company’s total assets. The New Governance Rules further introduced a new obligation on the Company, under Article 16, to maintain a register for Related Parties, where the names of such parties are to be recorded together with their Deals, in detail, and actions taken in relation thereto. The Company (i.e. the Board of Directors) also has an obligation under the same article to provide documents and information of the Deals with Related Parties and the nature, size, and details of each Deal to the general assembly.</p>\r\n<p class=\"p1\">In all events, Deals with Related Parties have to be disclosed to SCA, as per Article 17 of the New Governance Rules, as was also stipulated under the Repealed Governance Rules, by way of notice sent by the Company’s Chairman. Such notice is to include the data and information of the Related Party, the details of the Deal, the nature and the benefit of the involvement of the Related Party in the Deal, together with a written confirmation that the terms of the Deal with the Related Party are fair, reasonable, and in favor of the Company’s shareholders.</p>\r\n<p class=\"p1\">The main issue here is whether or not there is an obligation to obtain the approval of the Board of Directors or the general assembly (whichever is applicable in accordance with Article 15 of the New Governance Rules) if the Deals are concluded between the Related Parties themselves, without having the Company as a party to such Deal, such as having a Deal concluded between a Board Member and a Subsidiary. Unfortunately, the New Governance Rules are silent in this regard; therefore, it is indirectly interpreted that no approval is required since the definition of the Company does not include Subsidiaries or Sister or Allied companies. On the other hand, the ‘Related Party’ provisions are applicable only if the Company is entering into a transaction with a Related Party. In all events, such a Deal has to be disclosed to the Board of Directors, as per Article 18 of the New Governance Rules, and the Board of Directors will then have the right to discuss the matter and decide the best course of action to be taken that serves the best interest of the Company. Such Deals will have to also be disclosed to SCA and the Market. Additionally, the details and conditions of the said Deals and the conflict of interest of the Related Party are to be included in the annual financial statements of the Company presented to the general assembly meeting, in addition to publishing such details on the websites of both the Market and the Company.</p>\r\n<p class=\"p1\">The Repealed Governance Rules stipulated, however, that if the concerned Related Party fails to disclose the Deal with the Company, Subsidiary, or Sister Company, the Board of Directors, or any shareholder holding 5 per cent or more of the Company’s shares, may bring a claim against the Related Party before a competent court requesting to suspend such Deal and compel the said Related Party to pay the Company any profits or benefits gained. Such clause exists in Article 19 of the New Governance Rules giving such right only to the shareholders holding 5 per cent or more of the Company’s shares but, it is silent on whether or not the Board of Directors shall have the same right. We believe that the Board of Directors may still bring such a claim against the relevant Related Party as a penalty for failing to disclose since the Board of Directors holds the obligation to take any and all actions that serves the best interest of the Company.</p>\r\n<p class=\"p1\"><span class=\"s3\"> In terms of shareholders’ access to Deals concluded with Related Parties, there is no material difference between both rules except that the wordings of the Repealed Governance Rules are very comprehensive on the course of action to be taken by a shareholder holding 5 per cent or more of the Company’s shares against the parties of a Related Party Deal by way of referring to the exact articles of the Evidence Law and the Civil Procedure Law. Article 2 of the New Governance Rules, on the other hand, has made a general reference that the said rules are subject to the Evidence Law and the Civil Procedure Law; therefore, a shareholder holding 5 per cent or more of the Company’s shares may file the lawsuit in accordance with the said laws that are applicable, in the event a shareholder decides to opt to the court to file a claim against the Board Member, the Board of Directors, or the Company.</span></p>\r\n<p class=\"p6\"><span class=\"s1\"><strong>Insiders</strong></span></p>\r\n<p class=\"p1\"><span class=\"s3\">The New Governance Rules introduced new provisions for ‘Insiders’ (Article 12) and ‘Confidentiality’ (Article 13) that did not exist under the Repealed Governance Rules. Unfortunately, the New Governance Rules do not define an ‘Insider’; therefore, it is difficult to determine who qualifies to be, or not to be, an insider. We assume that it is up to SCA’s sole discretion to determine who qualifies to be an insider on a case-by-case basis. It can be, however, assumed from Article 12 that ‘insiders’ are defined to be any of the Company’s Related Parties, their Relatives, and persons who could be considered as insiders on a temporary basis and are entitled to or have access to inside information of the Company prior to publication, such as advisors and consultants retained to advise on a certain Deal. The question is whether relatives of persons with temporary access to inside information of the Company are considered to be insiders or not. We believe that the answer is not to consider such relatives to be insiders unless they also have access to such information. In all events, persons with temporary access to inside information of the Company hold the same liability as the Board of Directors if they tip-off or whistle-blow any inside information before its publication, whether to their relatives, friends, or any third party, and whether or not such tip-off or whistle-blow is of consideration.</span></p>\r\n<p class=\"p1\">Article 12 further requires the Board of Directors to set written rules for the Company’s Board of Directors and employees regarding trading in the securities of the Company or its Parent, Subsidiary, or Sister Companies. Another obligation on the Company is to have a register for permanent and temporary insiders, and to also include in it the prior and subsequent disclosures of the insiders.</p>\r\n<p class=\"p1\">Moreover, it is worth mentioning that Article 13 of the New Governance Rules provides that the Board of Directors shall (i) take all measures to accurately maintain strict confidentiality of the Company’s data and information in a way that ensures it is not exploited; (ii) develop effective contractual arrangements that require the other parties who have access to internal data and information related to the Company and its customers to maintain the confidentiality of such data and information, and not misuse or transfer it, or cause it to be transferred directly or indirectly to other parties; and (iii) ensure that each insider signs formal declarations to confirm his/her knowledge of his/her possession of internal data and information regarding the Company and its customers, and that he/she shall bear all the legal consequences in case of leaking such information or data, or giving advice on the basis of the information in his/her possession, in addition to his/her commitment to notify the Company of any trade carried out on the securities of the Company or its Parent, Subsidiary, or Sister Companies before and after those trades.</p>\r\n<p class=\"p6\"><span class=\"s1\"><strong>Conflict of Interest</strong></span></p>\r\n<p class=\"p1\">Another new provision that did not exist under the Repealed Governance Rules is Article 14 concerning ‘Conflict of Interests’, which mirrors the same obligations under Article 150 of the CCL. Such article simply provides that if a member of the Board of Directors has a joint interest or a conflict of interest with the Company in a Deal presented to the Board of Directors to take a decision in relation to such Deal, such member must inform the Board of Directors of the conflict of interest and record it in the minutes of the board meeting. Furthermore, such member shall not participate in the voting on the decision relating to the said Deal. This includes representatives of corporate or governmental bodies, and such disclosure extends to reach interests with the bodies that such member represents.</p>\r\n<p class=\"p1\">If the member of the Board of Directors fails to inform the Board of such joint interest or conflict of interest, the Company or any of its shareholders may resort to the competent court to invalidate the Deal or order such member who acted in contravention of such provision to return to the Company any profit or benefit obtained as a result of entering into this Deal.</p>\r\n<p class=\"p1\"><span class=\"s3\"> The only addition introduced by Article 14 is that the Company shall maintain a special register for conflicts of interests in which such conflicts are recorded in detail, together with the measures taken in this regard. Even though the New Governance Rules are silent on this matter, we believe that the same provisions of the New Governance Rules that apply to both the Related Parties’ register and the insiders’ register also apply to the conflict of interests’ register, including the disclosure of its content to SCA, the Market and the shareholders of the Company.</span></p>'),
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	(94047,5107,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Chris Appleby'),
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	(94055,5107,'_yoast_wpseo_metadesc','The UAE’s leadership in the global telecommunications stakes bodes well for the future of mobile telephony.'),
	(94056,5108,'content','March 2015\r\n\r\n<hr />\r\n\r\nPrior to the issuance of the Margin Trading Rules, margin trading was only mentioned as a regulated activity under Law No. 8 of 2012 (the “QFMA Law”) among other activities listed in the definition of ‘financial services’.\r\n\r\nThe margin trading process for customers of a QFMA licensed financial services company is spelt out in detail under the Margin Trading Rules covering the opening of the account up to registering of shares with the Qatar Central Securities Depository (the “QCSD”) as well as registering increases thereof on the customer’s accounts opened by the financial services firm managing the account for the customer.\r\n\r\n<strong>Restrictions</strong>\r\n\r\nMargin trading account holders may not subscribe to initial public offerings through their margin trading accounts.  They can only trade in listed securities.  Margin trading customers may only have one margin trading account with one QFMA licensed financial services company.\r\n\r\n<strong>Collateral</strong>\r\n\r\nAccording to Article 11 of the Margin Trading Rules, the marginable securities and purchased securities by margin trading and cash balances of the customer in the margin trading accounts are permitted collateral against margin trading financing.  Financial services companies may not take other forms of collateral for margin trading except after obtaining the QFMA approval or in exceptional cases i.e. continuous decline in the market value of the purchased securities or suspension of trading of the purchased securities for more than 7 working days.\r\n\r\nA financial services company has priority rights, to recover its debt from customers, over the securities purchased by margin trading by virtue of Article 14 of the Margin Trading Rules.\r\n\r\nAccording to Article 439 of the Commercial Code No. 27 of 2006 (the “Commercial Code”), lending against securities is considered a loan against a pledge and such pledge must be recorded (on the securities itself for physical securities or in the QCSD for listed securities).  Although a pledge of securities may not be necessary for the purposes of the Commercial Code as implied by the Margin Trading Rules, there are no restrictions in the Margin Trading Rules on the customer to sell or assign those securities or take financing from other lenders against those securities.  Therefore, a pledge of the securities deposited in the margin trading account would be a prudent approach once enabling machinery is tested.\r\n\r\n<strong>Licensing</strong>\r\n\r\nThe QFMA requires a financial services company to hold a licence to execute sale and purchase orders of securities.  Other licensing requirements for margin trading activities are set out in Article 3 of the rules including minimum capital (to be decided by the QFMA), a bank guarantee (with a value to be determined by the QFMA) and no material breach of capital adequacy requirements in the year preceding the license application.\r\n\r\nThe licensing application must be supported by audited and unaudited financial statements, a report on margin trading data processing system applied by the financial services company and a margin trading account opening form and agreement.\r\n\r\nA margin trading agreement must include material information including responsibilities and rights of the parties, trading risks, the right of the financial services company to sell the securities in case of decline in the maintenance margin, collateral, voting rights, the right to dividends or interest, fees and commissions, agreed initial and maintenance margin and interest applied by the financial services company on the financing (not to exceed the lending rate declared by the Qatar Central Bank).  The QFMA approval is issued in 90 days.\r\n\r\n<strong>Practical Issues</strong>\r\n\r\nThe Qatar Exchange (“QE”), being the financial market in Qatar and the implementation arm of the QFMA, is in the process of issuing a new rulebook which will include the exchange specific operational guidelines on margin trading.  The exchange is conducting extensive discussions with the QFMA and the primary brokers and banks in the market to facilitate the issuance of the new rules of the QE on margin trading.  No brokers or other financial companies have been licenced to date to carry out margin trading.  The implementation of the Margin Trading Rules by the QE has not been tested.  Obtaining the licence of the QFMA to carry out margin trading activities would require working closely with the QE and applications would help shape the QE rules on margin trading.\r\n\r\n<em>This article first appeared in IFLR Magazine (International Briefings Qatar) February 2015.</em>'),
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	(94060,5108,'content_description','The Qatar Financial Markets Authority (the “QFMA”) has issued rules on margin trading on 10 September 2014 (the “Margin Trading Rules”).  '),
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	(94062,5108,'pageSummary','The Qatar Financial Markets Authority (the “QFMA”) has issued rules on margin trading on 10 September 2014 (the “Margin Trading Rules”).'),
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	(94066,5108,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Sarah El Serafy'),
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	(94068,5108,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','s.elserafy@tamimi.com'),
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	(94074,5108,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','411'),
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	(94078,5108,'_yoast_wpseo_metadesc','The Qatar Financial Markets Authority (the “QFMA”) has issued rules on margin trading on 10 September 2014 (the “Margin Trading Rules”).'),
	(94079,5109,'content','March 2015\r\n\r\n<hr />\r\n\r\nSignificant bonus payouts to senior executives had become commonplace amongst financial institutions. Said practices raised concerns both in terms of the  transparency of banks’ policies and as to the sustainability of the financial sector as a whole.  In order to address said weaknesses and achieve greater transparency the Central Bank of Bahrain (the “CBB”) has released mandatory remuneration rules for licensed financial institutions (applies equally to listed licensed financial institutions) in Bahrain (the “New Regulation”) under Module HC-5 of Volume 1 and 2 of the CBB Rulebook. Under the New Regulation financial institutions are expected to disclose remuneration practices, capital adequacy and undergo internal evaluation to align compensation with risk management. The New Regulation came into effect on 1 July 2014.\r\n\r\nIt is hoped that the New Regulation will introduce tighter controls and monitoring mechanisms relating to compensation practices, whilst taking into account an institution’s overall strategy and risk measurements. The New Regulation is aimed at enhancing confidence and building a robust system in Bahrain that brings financial institutions on par with international standards as set by the Basel Committee on Banking Supervision.\r\n\r\nThis article provides an overview of the New Regulation and analyzes some of the practical implications that its implementation may have on financial institutions.\r\n\r\n<strong>Scope of the New Regulation</strong>\r\n\r\nThe New Regulation applies to Approved Persons  and Material Risk Takers  receiving  an annual remuneration amount exceeding One Hundred Thousand Bahraini Dinars (BD 100,000) (approximately US$265,000).  In  calculating  remuneration  all types of compensation and  benefits are included, for example, salary, education, transport and housing allowances,  and health insurance.\r\n\r\n<strong>Governance </strong>\r\n\r\nUnder the New Regulation,  remuneration policies require the approval of  the licensee’s shareholders, and  a remuneration committee formed by and consisting of the board of directors and the CBB.\r\n\r\ni. Remuneration Committee\r\n\r\nThe New Regulation entrusts the board of directors (through the remuneration committee) responsibility for oversight of remuneration systems for all Approved Persons and Material Risk Takers by:\r\n<ul>\r\n 	<li>approving the remuneration amount, policy and distribution of total variable remuneration; and</li>\r\n 	<li>monitoring and reviewing the remuneration policy and ensuring that effective controls such as back testing and stress testing of the remuneration policy are introduced.</li>\r\n</ul>\r\nii. CBB and shareholders’ oversight\r\n\r\nFurther, all incentive plans for Approved Persons and Material Risk Takers must be approved by the shareholders.  Said plans are then subject to CBB approval and must be submitted to the CBB within three (3) months of the end of the financial year.  Moreover, annual reports detailing the total amounts of remuneration as well as assessing compliance with the overall policies shall be submitted to the CBB. This requisite approval is meant to provide additional stakeholder scrutiny and regulatory control.\r\n\r\n<strong>Remuneration Policies </strong>\r\n\r\nIn introducing the New Regulation the CBB directed financial institutions in the Kingdom of Bahrain on certain key matters which include: (i) the alignment of remuneration with risks (ii) fixed and variable remuneration (iii) bonus pool (iv) board remuneration (v) deferral of variable pay (vi) shared incentive plans.\r\n\r\ni. Compensation and risk alignment:\r\n\r\nRemuneration must be adjusted to take into account all tangible and intangible risks such as reputation, liquidity and cost of capital. Furthermore, the combination of forms of remuneration awarded should vary depending on the employee’s role and should be consistent with said risk alignment. As such, two employees generating the same profit yet engaging in different levels of risks should not be treated in a similar manner.\r\n\r\nii. Fixed and variable remuneration\r\n\r\nLicensed financial institutions are obliged to put in place policies relating to the forms of remuneration and provide a rationale of said policies to the CBB.\r\n\r\nThe CBB requires that a significant portion of the overall remuneration is weighted towards fixed remuneration for the following roles: risk management, internal audit, operation, financial controls, internal Shari’a review/audit and Money Laundering Regulatory officer. Whilst a significant portion of remuneration is weighted towards variable remuneration for board directors and executive management as said roles generally entail higher risk taking. However, such allocations may prove challenging in practice given that some roles entail an overlap of decision making such that the differences in roles are not as clear-cut.\r\n\r\niii. Bonus pool\r\n\r\nThe New Regulation tightens the control on bonus payments by ensuring that institutions take into account the overall business performance and shareholders’ return. Accordingly, certain payments may be clawed back in cases of poor performance. Licensed financial institutions are required to reflect said concept in the employee’s contract of employment and must ensure the aggregate amount of any bonuses does not compromise the institution’s financial stability.\r\n\r\nThe New Regulation also introduced  the concept of deferred bonus whereby at least forty percent (40%) of the variable remuneration must be payable under deferral arrangements over a period of at least three (3) years. Moreover, for the CEO, his deputies and the other five (5) most highly paid business line employees, at least sixty percent (60%) of the variable remuneration must be payable under deferral arrangements over a period of at least three (3) years. Furthermore, at least fifty percent (50%) of the variable remuneration (including both the deferred and unoffered portions of the variable remuneration) must be awarded by way of shares where appropriate.\r\n\r\nThe only instance where deferred remuneration can be paid out before the end of the period is in case of the death of an employee. Whilst  this concept has been introduced as a mechanism to maintain long term performance measures, the introduction of deferral bonuses carries with it some challenging practical implications. For instance, what will the position be if an employee with deferred payments resigns?\r\n\r\nThe implementation of the deferral system will require a proper consideration of the overall legal position in Bahrain in relation to payments and incentives including a review of other related laws such as the Labour Law No. 36 of 2012. Further, the CBB should develop guidelines for the implementation of the deferral system so as to ensure that employees are not deprived of their legal and due entitlements. Setting aside any practical limitations, it is questionable whether the introduction of deferred bonus is the best practice to adopt especially in light of the market recovery.  The standard of remuneration according to the New Regulation expects the employees to be retained and motivated, and the introduction of deferred bonus risks may well prove de-motivating to some employees.\r\n\r\niv. Board remunerations\r\n\r\nNotwithstanding shareholders’ approval, the board remuneration should be capped at five percent (5%) of the  financial institution’s profit after all deductions as required by the Commercial Companies  Law (2001) Regulation are made.\r\n\r\nv. Share incentive plans\r\n\r\nAll share incentive plans are subject to shareholders’ approval and are now subject to a minimum share retention policy of six (6) months from the time the shares are awarded, unless the financial institution states otherwise. Where fixed or variable remuneration include common shares, the financial institution must limit the shares awarded to an annual aggregate limit of ten percent (10%) of its’ total outstanding issued shares.\r\n\r\n<strong>Practical Implications</strong>\r\n\r\nIt is without doubt that the introduction of the New Regulation imposes burdensome obligations on financial institutions in terms of disclosure and reporting. Financial institutions in Bahrain are now obliged to undergo extensive assessments to ensure that their operations are compliant with the New Regulation. Furthermore, banks and other licensees must now provide a detailed report explaining the rationale of the remuneration policies to the board of directors, shareholders and the CBB. Said reports should disclose practices and policies in relation to, but not limited to, the remuneration structure, form of review of such structures, risk adjustment measures and performance assessment. Additionally, institutions must review all employment contracts in relation to Approved Person and Material Risk Takers.\r\n\r\nThe CBB appear to be taking the lead in the region with the implementation of the New Regulations and are aligning themselves with international best practices. However, the Bahrain economy is still at a recovery stage and there is a risk that the New Regulations will put potential licensees off from opening in Bahrain, and that there may be a “brain drain” of those personnel from Bahrain who are directly impacted by the New Regulation.\r\n\r\nNonetheless, the New Regulation aspires to provide financial stability through full engagement of all stakeholders when it comes to remuneration policies. The shift of control and duty to oversee compensation has significantly been moved away from executive management through the establishment of the board remuneration committee and the requirement of shareholder approval. This is meant to decentralize and balance decisions in relation to the manner in which short and long term profits are managed. The involvement of stakeholders should ensure that short term profits are reinvested instead of being paid out as remuneration, consequently benefiting both the financial institution and the employees.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nIt is imperative that CBB Licensees carefully evaluate their compensation policy as many of the changes brought by the New Regulation are long term in nature and need to be carefully evaluated. The process of implementing the changes required by the New Regulation will be onerous on financial institutions; nevertheless, the long term financial benefits in terms of financial stability should be worthwhile for the financial sector in the Kingdom of Bahrain, and should raise financial institutions’ policies and operations to international standards.\r\n\r\n<address class=\"MsoNormal\">[1] Approved Persons include risk management, internal audit, operations, financial controls, head of internal Shari\'a review, compliance functions personnel and Money Laundering Regulatory officer.</address><address class=\"MsoNormal\">[2] Material Risk Takers include heads of significant business lines such as fixed income, foreign exchange, commodities, securitization, sales areas, investment banking, commercial banking, equities, structure finance, lending, trading areas</address>'),
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	(94083,5109,'content_description','It is widely believed that one of the contributing factors to the global financial crisis during  2008 was the unfettered and inflated remuneration schemes adopted by many of the leading global financial institutions.   '),
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	(94085,5109,'pageSummary','It is widely believed that one of the contributing factors to the global financial crisis during 2008 was the unfettered and inflated remuneration schemes adopted by many of the leading global financial institutions.'),
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	(94093,5109,'_yoast_wpseo_metadesc','It is widely believed that one of the contributing factors to the global financial crisis during 2008 was the unfettered and inflated remuneration schemes adopted by many of the leading global financial institutions.'),
	(94094,5110,'content','March 2015\r\n\r\n<hr />\r\n\r\nMany Islamic financial institutions and investment companies in Kuwait have used and continue to use Shariah compliant financing methods including murabaha, bay bithamanajil, ijarah, musharaka and istisna. The previously mentioned instruments ensure that those seeking alternatives to conventional financing have an opportunity to use these Shariah compliant methods, allowing them to avoid exposure to riba (interest). As many already know, any form of riba is prohibited under the principles of Islamic Shariah.\r\n\r\nMore recently, customers now have the opportunity, using the global commodity markets, to open direct investment deposits (“DI Deposit”) with Shariah compliant banks. When completing a DI Deposit,  the following procedures are followed:\r\n<ul>\r\n 	<li>The customer informs the bank of the customer’s specific investment objectives and appoints the bank as an agent to purchase commodities on the customer’s behalf for the value of his or her investment amount (i.e. thedeposit).</li>\r\n 	<li>The bank will thereafter complete a spot purchase of the commodities, paying a broker by debiting the customer’s account and thereafter confirming the transaction to the client with legal title of the commodities being transferred to the customer. The entire transaction is executed through preapproved forms specifying the type of commodities, the date of purchase and a deferred payment date.</li>\r\n 	<li>The deferred payment date will correspond to the investment term as agreed between the parties and the deferred price will exceed the total purchase price by a specific profit margin to be paid to the Shariah compliant bank.</li>\r\n 	<li>Under the Shariah compliant DI Deposit, the bank will undertake all aspects of the commodity transaction on behalf of the customer through the execution of various sale contracts.</li>\r\n</ul>\r\nUnfortunately, there have been instances where DI Deposit agreements do not provide proper instructions on prepayment methods for its customers. The direct investment must outline how prepayment should be distributed in the event the customer or the bank wants to terminate the underlying arrangement.\r\n\r\nSome direct investment agreements include language identifying the rights and responsibilities of the parties in the event of prepayment.  Nonetheless, the best method to employ in early prepayment is by having the executing customer fill out a prepayment request form with the bank responding with an offer and acceptance form. The prepayment request form must outline the transaction date, the description of commodities, the total price paid and the deferred payment date. The latter form should also reference the original direct deposit agreement and the current request to make payment of the total price on an earlier date subject to a discounted price, while factoring in early payment, and calculate a reduction in the profit amount owed to the Bank. The offer and acceptance form must also provide specific details to identify the underlying transaction.\r\n\r\nWhile Sharia compliant direct deposits can be attractive form of investment, potential investors should seek legal advice prior to undertaking any commitments so as to ensure, amongst other things, they have adequate prepayment options.\r\n<div></div>'),
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	(94098,5110,'content_description','Use of Islamic Instruments to provide individuals substitute forms of financing has surged over the past decade. '),
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	(94100,5110,'pageSummary','Use of Islamic Instruments to provide individuals substitute forms of financing has surged over the past decade.'),
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	(94102,5110,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/march-8/prepayment-of-shariah-compliant-direct-investment-deposits-in-kuwait.html'),
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	(94104,5110,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Hamzah Al Shammaa'),
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	(94106,5110,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','h.alshammaa@tamimi.com'),
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	(94113,5110,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
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	(94116,5110,'_yoast_wpseo_metadesc','Use of Islamic Instruments to provide individuals substitute forms of financing has surged over the past decade.'),
	(94117,5111,'content','March 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">However, mandatory law may also be applicable.  In Jordan, the parties’ freedom to contract is a well recognised and enforced concept.  However, this article considers the extent to which certain mandatory law provisions self apply into the contract.</p>\r\n<p class=\"MsoNormal\">We consider the most important provisions of mandatory law in the context of construction contracts and those matters that should be borne in mind when negotiating future construction contract with either Jordanian Law as the governing law and/or which are relating to projects in Jordan.</p>\r\n<strong>Contract Interest Rates</strong>:\r\n<p class=\"MsoNormal\">Construction contracts always provide for the application of an interest rate in respect of delayed payments, and these are usually set at a high figure to act as a deterrent for any defaulting party.</p>\r\n<p class=\"MsoNormal\">Jordanian courts generally recognize and uphold parties’ agreement regarding the imposition of an interest rate to accrue on payments in the event of a default in payment subject to article 167 of the Jordanian Civil Procedures Law No 24 of 1988, (“<strong>CP Law</strong>”) which caps such interest rates at 9%.</p>\r\n<p class=\"MsoListParagraphCxSpFirst\">Generally, an interest rate on defaulting payments which is higher than 9% will not be enforceable (unless the party is a Bank) and the Court will consider it contrary to ‘Public Order and Morals’, which may cause difficulties for any arbitration award which is trying to be enforced. This is discussed further below.</p>\r\n<strong>Liquidated Damages</strong>:\r\n<p class=\"MsoNormal\">Liquidated damages (also referred to as liquidated and ascertained damages) are an amount of pre-determined damages which the parties designate and set in a contract for the injured party to collect as compensation upon a specific breach by the other party. In other words, liquidated damages are an agreed rate or amount which becomes payable by a party in the event of a breach by that party of the contract.</p>\r\n<p class=\"MsoNormal\">The rate should be a genuine pre-estimate and not a form of penalty to deter breach. There is no ‘penalty’ damages concept for contract damages under Jordanian Law. Courts generally award damages which reflect the extent of loss suffered by the injured party, on a compensation for actual damage suffered, rather than punitive basis.</p>\r\n<p class=\"MsoNormal\">Despite the use of liquidated damages clauses which seek to quantify the ‘loss’ incurred’, under Jordanian Law. Courts generally award damages that reflect the extent of the actual loss suffered by the injured party rather than on a punitive basis.</p>\r\n<p class=\"MsoNormal\">Accordingly, when seeking to enforce a liquidated damages clause which provides for excessive penalties or fines, the same may not be enforced by Jordanian Courts.  In brief, the Courts will consider such clauses as being contrary to ‘Public Order and Morals’.</p>\r\n<p class=\"MsoNormal\">In addition article 364 of the Jordanian Civil Code No 43 of 1976 (“<strong>Civil Code</strong>”), gives a right to either party to apply to the Court to decrease or increase contractually agreed damages, to be that damage actually incurred and proven.</p>\r\n<p class=\"MsoNormal\">Contractual liability determined by the Court only covers proven actual loss.  Under Jordanian Law, contractual damages will not be due if the debtor is able to establish that the creditor did not suffer any damage, notwithstanding a an agreement for penalties in case of default.</p>\r\n<p class=\"MsoNormal\">Importantly the amount of damages may be reduced if the debtor has established that the assessment was excessive.  Where the debtor proves that part of the original obligation has been performed; any agreed damages may be found to be void.</p>\r\n<p class=\"MsoNormal\">Generally, when seeking to determine actual losses suffered, the Court may, in addition to examining the admitted evidence supporting such claims, seek the assistance of experts. As stated, contractual liability determined by the Court only covers evidenced actual loss [excluding any tortious liability].</p>\r\n<strong>3.    </strong><strong>Limitation of Liability:</strong>\r\n<p class=\"MsoNormal\">Construction projects are often a web of interconnected contracts with different parties which may indirectly affect each other’s ability to uphold their contractual obligations. To provide a higher degree of commercial and legal certainty, parties will generally seek to by limiting the scope of what each respective party can claim for by including a broad limitation of liability clause.</p>\r\n<p class=\"MsoNormal\">It is permissible under the Civil Code for parties to contractually agree to exclude or limit liability.  However, parties’ freedom to limit said liability does not extend to liability arising from acts of fraud or gross negligence, acts of tort, or any act or omission which fall under the scope of criminal law.</p>\r\n<p class=\"MsoNormal\">Further, the court, may award loss of profits damages where such damages are caused by a tortious act.</p>\r\n<strong>4.    </strong><strong>Warranty Period/ Decennial Liability</strong>\r\n<p class=\"MsoNormal\">Under Article 788 of the Jordanian Civil Code, the architect/engineer who designed a structure and the contractor who built it, are jointly liable to the employer for any complete or partial collapse and for every defect which threatens the strength and safety of the structure, for a period of ten years from the date of taking over the works, (“<strong>Decennial Liability</strong>”).</p>\r\n<p class=\"MsoNormal\">This mandatory and cannot be excluded by contract but the 10 year period can be longer if agreed.</p>\r\n<p class=\"MsoNormal\">Additionally, Decennial Liability applies even if the defect or collapse results from a defect inherent in the land itself, and even if the employer has given its consent to the defective construction.</p>\r\n<p class=\"MsoNormal\">There is a 1 year limitation period under Article 791 of the Civil Code for bringing a claim for damages, which runs from the date of the occurrence of the collapse or discovery of the defect or collapse.</p>\r\n<p class=\"MsoNormal\">The Civil Code does not define when defects should have been discovered, so ‘discovery’ in this context may be construed as actual discovery.</p>\r\n<p class=\"MsoNormal\">This time is in addition to the 10 year period so for instance, where the defect/collapse occurs on the eve of the 10 year period, the Employer. If so would still have 1 year following such an event to bring a claim. Accordingly, it may be said that the contractor and designer can still be liable for decennial liability of 11 years post-delivery.</p>\r\n<p class=\"MsoNormal\">The architects liability is limited by Article 789 of the Civil Code, where the architect/engineer has prepared the designs only and was not assigned to supervise the execution, to responsibility for the defects in the design, or which result from the design, rather than the defects which results from the method of execution of the design.</p>\r\n<p class=\"MsoNormal\">Similarly where a contractor who works on a construct only basis under the supervision of an architect or under the supervision of the employer (who has appointed himself in lieu of the architect/engineer), the contractor shall only be liable for defects in the execution and not for the defects in design.</p>\r\n<strong>5.    </strong><strong>Enforcement of Foreign Arbitral Awards:</strong>\r\n<p class=\"MsoNormal\">Arbitration is often the default or go to means of dispute resolution in construction or infrastructure projects. Arbitration arguably grants more practicable benefits than litigation for projects of this nature, most important of which is time efficiency and speed.</p>\r\n<p class=\"MsoNormal\">For the purposes of foreign arbitration, foreign arbitral awards are granted the same treatment as foreign judicial awards. Jordan is a signatory to the 1958 New York Convention which was ratified in 1979. The enforcement of foreign awards in Jordan is governed by The Enforcement of Foreign Awards Law No.8 of 1952 (“<strong>Enforcement Law</strong>”), subject to fulfilling certain conditions.</p>\r\n<p class=\"MsoNormal\">In that regard, the Enforcement Law defines a ‘foreign award’ as “<em>any award issued by a court outside of the Hashemite Kingdom of Jordan (including Religious courts) relating to civil proceeding and which provides for the payment of monies or in-kind assets or liquidation of accounts and which includes decisions of arbitrators in arbitral proceedings if the award has become, by virtue of the laws of the country which issued the award, enforceable as an award issued by the courts in the aforementioned country”.</em></p>\r\n<p class=\"MsoNormal\">The main condition for the enforcement of a foreign arbitral award in Jordan is the issuance of an exequatur order by virtue of a judicial decision in the country where arbitration was held. However the Jordanian courts may deny the enforcement of a foreign award granted under such exequatur in the following limited cases:</p>\r\n<p class=\"MsoNormal\">1. The court which issued the foreign award did not have jurisdiction to issue it:</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">In the sense that the court which issued the foreign award should have the competence to do so, including having both the geographic and specific jurisdiction to determine the case. Further, decisions issued by administrative bodies are not enforceable.</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">In accordance with Article 7 of the Enforcement Law, the award is not enforceable in Jordan in the following circumstances:</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">(a) if the defendant did not have his place of business, or was not resident in an area under the jurisdiction of the court; or</p>\r\n<p class=\"MsoListParagraphCxSpLast\">(b) if the defendant did not attend the court by his own choice, and has not acknowledged its jurisdiction.</p>\r\n<p class=\"MsoListParagraphCxSpFirst\">2. The award should be final, binding and enforceable in the country which issued it:</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">For a decision to be considered final, binding and enforceable, it must not be open to challenge (on whatever grounds and for whatever reason) in the country which issued the decision. Please note that the burden of proof that the foreign award is not binding and enforceable lies with the defendant. If the defendant is able to prove the decision does not satisfy the above conditions, the award is not enforceable. Further, if the award is contested in the country which issued it, the claim to enforce the award before the Jordanian courts is stayed pending the outcome of that appeal or objection in that other jurisdiction.</p>\r\n3. The Defendant must be notified:\r\n<p class=\"MsoListParagraphCxSpMiddle\">Provided that the issuing court had the jurisdiction to hear the case, Jordanian laws further provide conditions as regards notifying the defendant; Article 7 of the Enforcement Law provides that the Jordanian Court can refuse to enforce the award if the defendant was not served notice to attend the court which issued the said ruling, and he did not appear before the said court, despite the fact that he has his place of business, or is resident in an area under the jurisdiction of the said court. What is crucial here is not whether or not he attended, but rather whether or not he was properly notified, and as such, could have attended the hearing.</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">4. Reciprocity:</p>\r\n<p class=\"MsoListParagraphCxSpMiddle\">In accordance with the principle of reciprocity of treatment, a Jordanian court may refuse to hear a claim to enforce a foreign award, if the award was issued in a country which does not allow the enforcement of Jordanian awards.</p>\r\n5. Legality:\r\n<p class=\"MsoListParagraphCxSpMiddle\">The award must not have been obtained fraudulently.</p>\r\n6. Public Order and Morals:\r\n<p class=\"MsoListParagraphCxSpLast\">The award should not go against the public order and morals of Jordan. This is a wide ambit, under which the Court retains discretion for the nullification of awards.</p>\r\nIn light of the above, contractors and employers alike should take the necessary due diligence steps to ensure that their contract and the terms agreed to therein, do not contradict mandatory law, for the purposes of contractual certainty.'),
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	(94127,5111,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Maria Mazzawi'),
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	(94140,5112,'content','March 2015\r\n\r\n<hr />\r\n\r\n<strong>Intellectual Property Protection Committee</strong>\r\n\r\nA new Intellectual Property Protection Committee (the “IPPC”) has been recently established at the Kuwait Trademark Office (the “TMO”) which is now the competent authority to receive all complaints related to trademark infringement. The IPPC has amongst its members the Commercial Control Department (“CCD”),  which carries out the raids against the suspected shops, and the Criminal Evidence Department (the “CED”) which prepares and issues expertise reports on whether confiscated goods are counterfeit or not.\r\n\r\nThe procedures for filing complaints before the IPPC have simplified matters procedurally. Complaints used to be filed before the Undersecretary Commercial Control at the Ministry of Commerce and Industry (the “MOCI”), and it took a long time for the complaints to reach the competent CCD.  The previous procedures involved formal letters exchanged by the several departments. The procedure now is now more streamlined, with the complaint being filed with the IPPC. Once filed, the IPPC will immediately liaise with the relevant CCD department and provide guidance on how to proceed with the complaint. It is also possible for the plaintiff to follow up with the relevant CCD department directly without having to wait for official correspondence between the different authorities and departments. The committee members also coordinate with each other in several ways including creating a group on the “Whatsapp” application through which they plan to secure fast and effective coordinated actions.\r\n\r\nThe requirements for filing a complaint before the IPPC are simple  and only the following documents must be enclosed along with the complaint itself:\r\n<ul>\r\n 	<li>Copies of TM registration certificates;</li>\r\n 	<li>One sample of the counterfeit products and the receipt of purchase;</li>\r\n 	<li>The address of the infringer;</li>\r\n 	<li>One sample of genuine products; and</li>\r\n 	<li>Power of Attorney</li>\r\n</ul>\r\nFurther, for expensive products, the IPPC is considering excusing the plaintiffs from providing samples of the genuine product.  However, one sample of such products will have to be submitted at a later stage to the CED so that they may compile their expert report.\r\n\r\nThe new measures are an indication of the TMO and associated governmental agencies giving importance to the fight against counterfeiting, and it is expected that these measures will evolve in the near future to increase effectiveness and efficiencies and deter counterfeiters.  The current procedures are much improved from the previous procedures, which involved complicated steps.  In the older procedures, the initial step was filing the complaint before theMOCI notwithstanding that its  only function was to accept the complaint and send the file to the competent CCD through formal and lengthy procedures and then receive the file back from the CCD to arrange to send it to the Public Prosecutor.  With the current procedures, the process is much faster as the complaint is now filed before the IPPC, in which the CCD is a member.  After the filing of the complaint, the CCD is able to begin its work with regards to the complaint almost immediately.'),
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	(94173,5115,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Or can you simply manage your trademarks through entrusting the agent quoting the lowest professional fee? Can you really justify appointing a solid but somewhat expensive attorney, if you know what classes are relevant, and how to choose your mark? In order to answer these questions, you will probably need to survey the functions of the Trademarks Offices in the Middle East region and understand whether one can read the trends of the Examining Officers or the Registrars and accordingly anticipate what is registrable and what is questionable. How can you read such trends with ever-changing staff at these UAE Trademarks Offices? How can you read trends from the Kuwaiti Trademarks Office that does not provide the service of a trademark search? Or from the KSA Office whose examination decisions vary drastically between examiners sitting next to each other in the same office.</p>\r\n<p class=\"MsoNormal\">When you analyse the functions of the trademark offices, one could paint a terrible picture and question whether it is worthy or even safe to protect trademark rights in the region. We would not go that far, as the economies of the Middle East and growth percentages make very clear the importance of protecting your brands in the region. However, we have to acknowledge that consistency and trend setting are difficult to read in the Middle East.  A lot of time, effort and recording of (often contradicting) decisions is required to challenge and prevail against a decision by the TMO to reject or challenge an application,</p>\r\n<p class=\"MsoNormal\">Perhaps the UAE, with its TMOs being relatively progressive in the Middle East, can be studied as an example supporting the argument that, in choosing a lawyer, trademark owners should consider the qualifications and experience of a trademark attorney and not merely make a decision based on the professional fees. There is no question that, if you need an effective trademark attorney in the UAE, you certainly need an effective one throughout the Middle East. The number of unusual decisions issued by the UAE TMO in relation to trademark prosecution in recent years was alarming to both trademark attorneys and trademark owners. Several communications have been made through industry associations as well as through trademark practitioners in relation to the decisions made by the TMO that neither consistent with the Trademarks Law nor with the usual practice adopted by the TMO, not to mention best practices of Trademark Offices on an international level. Some of these decisions related to expediting the revenue generated from trademark applications, while others related to expediting the prosecution process at the expense of quality and others related to decisions that contradicted logical timeframes that can be managed by trademark owners.</p>\r\n<p class=\"MsoNormal\">Some examples of these decisions include:</p>\r\n\r\n<ul>\r\n 	<li>In 2009, the Trademarks Section, for a temporary period, obliged all trademark applicants to pay the registration fee of USD1,300 per application prior to becoming due, which meant that trademark applicants and attorneys were required to deposit huge amounts many months earlier than the usual projected date, otherwise their applications would be deemed abandoned. This practice was inconsistent with the Implementing Regulations and with the applicable practice at the Trademark Office. It resulted in exerting pressure on trademark attorneys to advance huge amounts on behalf of their clients, which in many cases was impossible due to the UAE having arguably the highest registration fees in the world. It also strained the relationship between the trademark attorneys and their clients as it reflected a wrong perception of mismanagement of the file. As the UAE and KSA TMOs are among the world’s most expensive in terms of fees, a trademark attorney with weak cash flow would not have been able to meet the deadlines and payments dictated by the TMO and would therefore not have been able to keep its client’s pending applications alive.</li>\r\n</ul>\r\n<ul>\r\n 	<li>The Circular dated 19 May 2014 issued under Administrative Decision No. 3 of 2014, whereby the TMO communicated to all trademark attorneys its decision to:</li>\r\n</ul>\r\n<ol>\r\n 	<li>\r\n<ul>\r\n 	<li>Cancel the issuance of preliminary technical examinations;</li>\r\n 	<li>Cancel any-time extensions offered by the examination department, to restrict the decisions of the  examination departments to either acceptance, rejection or acceptance by way of stipulation; an</li>\r\n 	<li>Issue decisions to reject applications that contravene the list of products and services mentioned in the NICE Classification for goods and services.</li>\r\n</ul>\r\n</li>\r\n</ol>\r\n<p class=\"MsoNormal\">Cancelling preliminary technical examinations means that rectification of minor changes or clarifications raised by the Trademarks Section is no longer an option. This would inevitably increase the number of rejection decisions and consequently increase the number of objection cases, adding yet more files to the backlog. A simple issue such as submitting a renewed trade license, which could have been resolved through a technical examination report, has now become a serious matter and can be subject to a rejection decision. One could rationalise the Ministry’s direction to relieve their staff from paperwork and reduce time spent on examinations, however the end result is that it still leads to more work for other departments within the Trademarks Section (those dealing with rejections). Appealing rejection decisions requires the trademark attorney to have kept Court judgments in relation to trademarks, in order to bring a convincing appeal to reverse the TMO decision.</p>\r\n\r\n<ul>\r\n 	<li>Finally, the Power of Attorney was required to be submitted at the time of filing an opposition, which is burdensome and without justification. Opposition actions are raised in reaction to publications in the Trademark Journal. From the date of publication, interested parties are given 30 days to consider filing an opposition, and now the Ministry stipulated that the PoA is to be submitted within that same period. If you consider that a three week period is required to execute a PoA outside the UAE if all documents are in place, and that a further week is required for the notification process of conflicting trademarks, which requires the parties to be present and research of the Trademarks Journal, then there is no wonder that many interested parties were deprived of the chance to file their oppositions in time due to the tight time frame and unnecessary formality. This in turn means that a lot of would-be oppositions turn into cancellation cases that must be raised as a Civil case before the Court of First Instance. In this case your trademark attorney must be an appropriately-qualified law office/lawyer to be able to initiate the cancellation case.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Managing your trademark portfolio in the Middle East requires a switched-on and experienced attorney, who maintains records and examples ready to be presented to challenge a TMO decision, has sufficient financial strength to address unusual changes in the process, and is able to bring about legal actions to reverse TMO decisions.</p>'),
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	(94177,5115,'content_description','Do you really need an experienced trademark attorney to manage your trademark portfolio in the Middle East? '),
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	(94179,5115,'pageSummary','Do you really need an experienced trademark attorney to manage your trademark portfolio in the Middle East?'),
	(94180,5115,'_pageSummary','field_59e59b307dec8'),
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	(94188,5115,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
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	(94191,5115,'_yoast_wpseo_metadesc','Do you really need an experienced trademark attorney to manage your trademark portfolio in the Middle East?'),
	(94192,5116,'content','April 2015\r\n\r\n<hr />\r\n\r\nNot only does Dubai have the infrastructure, services and people to support commercial success, it is universally recognised as offering one of the most business-friendly environments in the world. It is also the region’s transport and logistics hub, a key factor in the decision of multinational companies to establish themselves in the emirate.\r\n\r\n<strong>Setting up in Dubai</strong>\r\n\r\nDubai is one of seven emirates in the United Arab Emirates (UAE). In terms of setting up corporate entities, Dubai’s multi-jurisdictional nature offers a multiplicity of options. Dubai has built a position as a major commercial, industrial and trading hub in the region, and in order to maintain that position, particular attention has been paid to easing the process of setting up companies. Depending on business objectives and the preferred shareholding structure, foreign investors have the option of setting up either in mainland Dubai, or in one of numerous industry-specific free zones.\r\n\r\n<strong>Mainland Dubai</strong>\r\n\r\nDubai’s Department of Economic Development (DED) is the department in charge of licensing and registration of corporate entities in mainland Dubai. The DED’s licensing and registration procedure is streamlined to offer ease of registration based on specific business activities of the corporate entity. The Commercial Companies Law (CCL) is the federal law that regulates all entities set up in the UAE mainland, and governs corporate entities set up in mainland Dubai.\r\n\r\n<strong>Limited liability companies</strong>\r\n\r\nIn the UAE mainland, the main limitation in setting up a limited liability company (LLC) for foreign investors is the foreign ownership restrictions. When setting up a LLC, the CCL prescribes that at least 51% of shares must be registered under a UAE national (natural or legal person). In practice, there are professional service providers (PSPs) acting as nominee shareholders, holding the 51% of shares for, and on behalf of, the foreign investor. Commonly, where such PSPs are used and the foreign investor is vested with 100% beneficial interest in the LLC, the LLC’s memorandum of association will typically be drafted in such a way as to confer all authorities and powers to operate and manage the LLC on the foreign investor, including for example the appointment powers of the board of directors, the general manager and other officers.\r\n\r\nAnother safeguard that can be provided to the foreign investor is contractual. Frequently, the foreign investor and the PSP enter into contracts generally referred to as side agreements, which facilitate a contractual relationship between the parties that safeguards the foreign investor to the maximum extent possible by law. A major advantage of having an LLC in mainland Dubai is that within mainland Dubai there are no territorial restrictions on the business activity or on the premises of the office, and there is no minimum capital requirement. It is important to note that there is a tax regime in place, but it is not in effect, and that there is a 5% customs duty on all imports.\r\n\r\n<strong>Branch of a foreign company</strong>\r\n\r\nSetting up a branch of a foreign company in mainland Dubai is another option available. A branch does not have an independent legal personality, being in the legal sense an extension of its parent company. A branch can undertake all activities of its parent with the exception of trading in the UAE mainland.\r\n\r\nWhen setting up a branch, one needs to appoint what is known as a local service agent (LSA), which has to be a UAE national (natural or legal person). Unlike the foreign ownership restriction for LLCs, the LSA requirement is purely procedural. The LSA has no role, interest or right in the business, or the assets of the branch. Typically, the LSA’s role is to liaise with government offices to open the labour and immigration files for branch employees’ visas. Normally, the LSA is paid an annual fee for providing such services.\r\n\r\n<strong>The free zones</strong>\r\n\r\nFree zones act as a one-stop shop to facilitate the establishment of corporate entities and aiming to satisfy all their needs, from licensing and registration to labour and immigration, providing a business-friendly environment as well as access to required services. Across the UAE there are designated territorial areas that are considered distinct legal jurisdictions from the UAE government, allowing free zone jurisdictions to regulate, license and register corporate entities independently. Dubai boasts more than 30 free zone jurisdictions. <strong> </strong>\r\n\r\nThe key advantage to foreign investors is that free zones generally offer the option of 100% foreign ownership of entities without the need of a UAE national acting as an agent or otherwise. Additionally, free zone laws generally prescribe a guaranteed tax-free period of 50 years, customs duties do not apply where the imported goods are for the use of the company, and there are no restrictions on repatriation of capital and profits.\r\n\r\nThe main restriction for a free zone entity is that it cannot conduct trading activity outside of the territorial limits of the free zone without appointing a Dubai mainland based commercial agent, and upon entry of goods into mainland Dubai, a customs duty will be applied.\r\n\r\n<strong>Offshore companies</strong><em> </em>\r\n\r\nSelect free zones, for example Jebel Ali Free Zone (JAFZ), offer the option of setting up offshore companies. Offshore companies are not regarded as operational entities, acting merely as holding companies. JAFZ offshore companies can only own property in designated areas in the UAE. A key advantage of offshore companies is that they are quick to set up, there are no limitations on foreign ownership and there is no minimum share capital requirement. A key limitation of offshore companies is that they cannot sponsor any employees.\r\n\r\n<em>First published in China Business Law Journal March 2015.</em>\r\n<p class=\"MsoNormal\"></p>\r\n<p class=\"MsoNormal\"></p>'),
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	(94196,5116,'content_description','Dubai is a city with a diverse and vibrant culture. With an economy historically built on the oil industry, Dubai’s main revenues come from tourism, trade, avaiation, real estate and financial services. '),
	(94197,5116,'_content_description','field_59b641c07f473'),
	(94198,5116,'pageSummary','Dubai is a city with a diverse and vibrant culture. With an economy historically built on the oil industry, Dubai’s main revenues come from tourism, trade, avaiation, real estate and financial services.'),
	(94199,5116,'_pageSummary','field_59e59b307dec8'),
	(94200,5116,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/april-8/setting-up-in-dubai.html'),
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	(94205,5116,'_lawUpdateArticleWriters','field_59da2a866b064'),
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	(94207,5116,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(94208,5116,'lawUpdateArticlePractices','1'),
	(94209,5116,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(94210,5116,'_yoast_wpseo_metadesc','Dubai is a city with a diverse and vibrant culture. With an economy historically built on the oil industry, Dubai’s main revenues come from tourism, trade, avaiation, real estate and financial services.'),
	(94211,5117,'content','April 2015\r\n\r\n<hr />\r\n\r\nIndeed, real estate investment currently constitutes a major element of the Kuwaiti economy. Given the importance of the real estate sector in Kuwait, it has become necessary to develop and systematise this sector of the Kuwait economy in order to enable average individuals and investors to participate in the real estate market and utilise skilled and professional institutions for the same. As such, Kuwait has now given the average investor the opportunity to invest through skilled and expert institutions by subscribing in a Real Estate Investment Fund (commonly known as “REITs”) which effectively enables investors to share the income revenues of real estate amongst themselves without the need to actually buy commercial real estate.\r\n<p class=\"MsoNormal\">The law that allowed for this change in the Kuwait market was the Capital Market Law No.7 of 2010 and its executive regulations (the “CMA Law”).  The CMA Law only contemplates one type of REIT, which is the equity REIT (“Equity REIT”). The Equity REIT is a financial vehicle equivalent to any mutual fund regulated under the oversight of the Capital Market Authority of Kuwait (“CMA”). The Equity REIT enables its unit holders to collectively share in the REIT revenues arising out of the underlying real estate assets.</p>\r\n<p class=\"MsoNormal\">The real estate sector in Kuwait requires an expert institutional presence, such as banks, investment banks and those licensed companies under the oversight of the CMA (the “Licensed Companies”), so that the market can be assessed more precisely and driven in the right direction. Therefore, a REIT ideally represents the role of an institutional expert as it is capable of ascertaining the market position and investing in real estate on behalf of groups of individuals who lack expertise and experience in the real estate market.</p>\r\n<p class=\"MsoNormal\">One of the key characteristics of the Equity REIT under the CMA Law that makes it an advantageous financial vehicle in Kuwait is it enables non-Kuwaiti citizens to indirectly invest in the real estate sector in Kuwait, which is generally not possible. In particular, the CMA Law, its directives and Decree No.8 of 2012 do not impose any restrictions hindering non-Kuwaiti citizens from investing in REITs. The real estate market in Kuwait will most likely prosper as a result of the cash that will flow from both non-Kuwaiti citizens and Kuwaiti investors in REITs.</p>\r\n<p class=\"MsoNormal\">Licensed Companies, by establishing REITs, are in a position to assist average investors in navigating the real estate market in Kuwait and help to develop the local real estate market by making precise market studies and appraisals. This will attract investors who were previously directing their investments to amorphous real estate markets. Licensed Companies will get the advantage of both market share in a lucrative market and systemisation of the same. The CMA Law should help to bring the regulatory and orderly nature of the capital markets to the Kuwait commercial real estate market. Not only should REITs assist Licensed Companies to raise funds with tolerable leverage to enter the real estate market, but also give average investors a kind of liquidity not ordinarily available to them in the commercial real estate sector. The profitability of the real estate commercial market should transfer into the capital market and the stock exchange as well since the liquidity advantage existing in the capital markets portfolio will be realised by the real estate market, which is rapidly appreciating.</p>\r\n<p class=\"MsoNormal\">The significance of REITs for the Gulf financial market has expanded, particularly in those countries which lack diversification of resources. From a business standpoint, the REIT is considered to be liquid assets or an investment that has a generally accepted value and a market where it can be sold easily with little or no discount. Although REITs relate to the real estate sector, a solid asset, they also have the advantage of the liquidity of stocks. In this regard, it is worth highlighting that when an investor buys a REIT, he is not just purchasing real estate, he is also buying a business.</p>\r\n<p class=\"MsoNormal\">In conclusion, it is likely that the REITs in the Kuwaiti jurisdiction will flourish during the next few years particularly under well established capital market regulations and with non-Kuwaiti citizens being able to subscribe in REITs and indirectly invest in the Kuwait real estate market. REITs in Kuwait should help to organise the real estate commercial market as well as helping to protect investors from the unpredictable values of real estate.</p>\r\n&nbsp;'),
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	(94215,5117,'content_description','As we witness a global economy recovery after a painful financial crisis starting in 2008, it is evident that real estate sector is currently considered as one of the most influential factors in the global financial recovery, particularly in the Gulf region. '),
	(94216,5117,'_content_description','field_59b641c07f473'),
	(94217,5117,'pageSummary','As we witness a global economy recovery after a painful financial crisis starting in 2008, it is evident that real estate sector is currently considered as one of the most influential factors in the global financial recovery, particularly in the Gulf region.'),
	(94218,5117,'_pageSummary','field_59e59b307dec8'),
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	(94221,5117,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Ayman Salem'),
	(94222,5117,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(94223,5117,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','a.salem@tamimi.com'),
	(94224,5117,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
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	(94228,5117,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(94229,5117,'_yoast_wpseo_metadesc','As we witness a global economy recovery after a painful financial crisis starting in 2008, it is evident that real estate sector is currently considered as one of the most influential factors in the global financial recovery, particularly in the Gulf region.'),
	(94230,5118,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">They are appealing against sanctions and disciplinary orders made by the African Football Confederation (“CAF”) in relation to the 30th Africa Cup of Nation which was held in Guinea earlier this year (the “Appeals”).</p>\r\n<p class=\"MsoNormal\">The claims are of interest because they illustrate the role of CAS in the region, a role that is set to become more important with the ever-growing amount of sporting events taking place in the Middle East and North Africa, not least the 2022 World Cup in Qatar.</p>\r\n<p class=\"MsoNormal\"><strong>Morocco</strong></p>\r\n<p class=\"MsoNormal\">Morocco was meant to host the 30th Africa Cup of Nations but decided to withdraw due to the spread of the Ebola virus epidemic in West Africa. The FRMF had requested from the CAF a postponement of the 2015 tournament, but CAF rejected the idea. FRMF then withdrew from hosting the tournament, which prompted CAF to move the tournament to Guinea. CAF also banned Morocco from taking part in the next two tournaments and imposed a fine of USD 1 million and the payment of Euro 8 million in compensation to CAF and its stakeholders.</p>\r\n<p class=\"MsoNormal\">FRMF seek to appeal these decisions by CAF made against it. It is expected that an award in connection to the appeal will be issued within about three months.</p>\r\n<p class=\"MsoNormal\"><strong>Tunisia</strong></p>\r\n<p class=\"MsoNormal\">The appeal by the FTF relate to sanctions that were ordered by CAF as a result of incidents that took place on the pitch at the end of a quarter final match of the Africa Cup of Nations between Tunisia and Equatorial Guinea. The incidents were mainly actions directed against the match referee and CAF officials.</p>\r\n<p class=\"MsoNormal\">CAF condemned FTF for the incidents, fined them USD 50,000, and invited them to send an apology to CAF for accusations of bias against the Tunisian team, or to present a letter with irrefutable and tangible evidence proving FTF’s claims of CAF’s bias.  CAF also endorsed the decision to suspend the FTF president, Mr. Wardie Jari. CAF fixed a deadline of 31 March 2015 for the FTF to conform with the CAF directives, failing which Tunisia would be disqualified from the following Africa Cup of Nations in 2017.</p>\r\n<p class=\"MsoNormal\">The CAF announced on 1 April 2015, that during a meeting on 13 March 2015 with the FTF, the FTF started its presentation with a formal apology.  However, in its press release, CAF did not state that the apology complies with the decision of the disciplinary board of 6 February 2015. Moreover, it has been announced in a Nigerian newsletter that the FTF sent an apology to CAF, however the announcement has not been officially confirmed till date.</p>\r\n<p class=\"MsoNormal\">In its statement of appeal the FTF enclosed a separate request to stay the decisions relating to the suspension of Mr. Jari and the disqualification of Tunisia from the 2017 Africa Cup of Nations pending the appeal. However, on 5 March 2015 CAS issued an order rejecting the request for a stay based on its non-urgency. CAS stated that there was no irreparable damage attached or to be suffered by FTF given that the tournament is taking place in the year 2017.</p>\r\n<p class=\"MsoNormal\">It is expected that an award in connection to the appeal will be issued within about three months.</p>\r\n<p class=\"MsoNormal\"><strong>The role of CAS</strong></p>\r\n<p class=\"MsoNormal\">CAS is an independent institution based in Switzerland. It was initially created in 1984 as part of the International Olympic Committee to deal with disputes arising during the Olympics in an impartial and non-political way. In 1994 it was reformed and became independent of the International Olympic Committee.</p>\r\n<p class=\"MsoNormal\">CAS is able to consider any sports-related disputes provided there is an agreement to submit such disputes to it. This agreement may be incorporated in a contract between the parties (either before or after the dispute arises) or more often it may be stated in the statutes and regulations of the relevant sports organization. As described more fully below, this is the case in relation to CAF.</p>\r\n<p class=\"MsoNormal\">The dispute resolution mechanism used at the CAS may be a regular arbitration proceeding, mediation or an appeal arbitration procedure.  The appeal arbitration procedure is applicable for disputes resulting from decisions taken by the internal bodies of sports organizations, such as CAF.</p>\r\n<p class=\"MsoNormal\">Since 1994 CAS has become increasingly popular as a way of independent resolving sports-related disputes. It has resolved thousands of cases and has a list of arbitrators from all regions of the world.</p>\r\n<p class=\"MsoNormal\"><strong>CAS and CAF</strong></p>\r\n<p class=\"MsoNormal\">The jurisdiction of CAS in relation to the appeals failed by Tunisia and Morocco is derived from, amongst other things, Article 49 of the CAF Statute dated 11February 2007. Paragraph 1 of Article 49 states that CAF shall allow appeals to CAS “to resolve any disputes between CAF, national associations, members, leagues, clubs, players, officials, match agents and licensed players’ agents”.  Moreover, paragraph 2 of the same article states that the Code of Sports-related Arbitration shall be the procedural rules governing the arbitration proceedings while the substantial rules shall be “the various regulations of CAF and FIFA or, if applicable, of national associations, members, leagues and clubs and, as a last resort, Swiss law” .</p>\r\n<p class=\"MsoNormal\">The appeals procedure may be filed only after exhausting all the internal remedies of the sports organization concerned.  Moreover, according to Article 49(3) of the CAF Statute, the appeals must be filed with CAS within 10 days of the decision being communicated to the concerned party.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">It remains to be seen how the Tribunal’s appointed in relation to the two appeals will resolve them, though their decisions should be made later this year. However whatever the decisions, the role of CAS in the region is likely to increase with the growing number of sporting events. CAS provides a neutral and efficient mechanism by which sports disputes can be resolved, and its growing popularity is a testament to its effectiveness. In the coming years we can expect a growing role for CAS in the Middle East and North African region.  To accommodate for such growth and facilitate access to the CAS in both regions, two cooperation agreements were signed in 2012, launching alternative hearing centres (“AHC”) in Cairo and Abu Dhabi.  The first cooperation agreement was signed with the Cairo Centre for International Commercial Arbitration-CRCICA for the <em>Cairo AHC</em> and the second cooperation agreement was signed with the Abu Dhabi Judicial Department for the <em>Abu Dhabi AHC</em>.  The presence of the CAS in both regions through the AHCs will simplify procedures and save costs as parties will no longer be required to travel to Switzerland for their CAS appeals, arbitrations or mediations.</p>'),
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	(94233,5118,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(94234,5118,'content_description','The Royal Moroccan Football Federation (“FRMF”) and the Tunisian Football Federation (“FTF”) have filed appeals before the Court for Sports Arbitration (“CAS”) in Lausanne, Switzerland. '),
	(94235,5118,'_content_description','field_59b641c07f473'),
	(94236,5118,'pageSummary','The Royal Moroccan Football Federation (“FRMF”) and the Tunisian Football Federation (“FTF”) have filed appeals before the Court for Sports Arbitration (“CAS”) in Lausanne, Switzerland.'),
	(94237,5118,'_pageSummary','field_59e59b307dec8'),
	(94238,5118,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/april-8/morocco-and-tunisia-appeal-before-the-court-for-sports-arbitration.html'),
	(94239,5118,'_currentURL','field_59d35123ab1e7'),
	(94240,5118,'lawUpdateArticleWriters_0_lawUpdateArticleWriter','867'),
	(94241,5118,'_lawUpdateArticleWriters_0_lawUpdateArticleWriter','field_59da2ac06b065'),
	(94242,5118,'lawUpdateArticleWriters','1'),
	(94243,5118,'_lawUpdateArticleWriters','field_59da2a866b064'),
	(94244,5118,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','410'),
	(94245,5118,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(94246,5118,'lawUpdateArticlePractices','1'),
	(94247,5118,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(94248,5118,'_yoast_wpseo_metadesc','The Royal Moroccan Football Federation (“FRMF”) and the Tunisian Football Federation (“FTF”) have filed appeals before the Court for Sports Arbitration (“CAS”) in Lausanne, Switzerland.'),
	(94249,5119,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Following publication of the above decision, the Copyright Protection Office circulated the relevant forms which will be required to be completed and submitted in addition to the existing documentation.</p>\r\n<p class=\"MsoNormal\"><strong>In Summary</strong></p>\r\n<p class=\"MsoNormal\">The implementing regulations of the Qatari Copyright Law No. 7 of 2002 have not yet been issued; thus delaying the implementation of the law.  Before issuance of the above decision, it was possible to deposit a copyright work with the Copyright Protection Office; however, it was not possible to settle the relevant fees or have a certificate issued.</p>\r\n<p class=\"MsoNormal\"><strong>The impacts of issuance</strong></p>\r\n<p class=\"MsoNormal\">Issuance of the above decision will effectively empower the copyright holders to legally enforce their rights against any third party infringements attempts, as well as have the ability to commercialise their copyrights in the Qatari market. In addition, the applicants can now request payment of the filing fees, as stated in the new filing form issued, as well as requesting a certificate.</p>\r\n<p class=\"MsoNormal\">As the state of Qatar is a Member of the Berne Convention for the Protection of Literary and Artistic Works, the majority of copyright protection formalities, terms, sanctions and recordal requirements fall in line with the other members of the said convention.  For instance, copyright is protected in Qatar for the author\'s life plus 50 years following the author\'s date of death.</p>\r\n<p class=\"MsoNormal\"><strong>In order to complete the recordal of copyright, the applicants are advised to consider a time frame which varies between </strong>7 to 12 working days providing they complete the following requirements:</p>\r\n\r\n<ul>\r\n 	<li>Power of attorney;</li>\r\n 	<li>Name of author(s);</li>\r\n 	<li>Subject of the work;</li>\r\n 	<li>Five copies of the work;</li>\r\n 	<li>Detailed specification of the work; and</li>\r\n 	<li>Written declaration of the ownership of the work.</li>\r\n</ul>\r\n&nbsp;\r\n<ul>Applications for recordal can include books, pamphlets and other writings; works delivered orally such as lectures, addresses, sermons or similar works such as poems and hymns; dramatic and dramatic musical works; musical works, whether or not they include accompanying words; choreographic works and pantomimes; audiovisual works; photographic and similar works; works of applied art, whether handicraft or produced on an industrial scale; works of drawing and painting with lines and colors, architecture, sculpture, decorated arts, engravings, sketches, designs and three-dimensional geographic or topographic works; and computer programmes.</ul>\r\n<p class=\"MsoNormal\"><strong>Infringement</strong></p>\r\n<p class=\"MsoNormal\">The sanctions for piracy or infringement activities were also set out in a proper way with statutory penalties of fines of up to QAR 100,000, i.e. USD $27,500 and/or imprisonment for up to one year.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">Even though the above decision does not replace the issuance of the missing implementing regulations of the Copyright law, it seems to be a positive step to encourage copyright holders to register their rights in Qatar.</p>'),
	(174570,5119,'core_values',''),
	(174571,5119,'_core_values','field_59b64ab071de4'),
	(94250,5119,'_content','field_59b649b5c8b2b'),
	(94251,5119,'lawUpdateArticleMonth','5113'),
	(94252,5119,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(94253,5119,'content_description','The Qatari Minister of Economy and Commerce has issued a Decision Number 410 of 2014 relating to Copyright Official Fees, which was published in the Official Gazette of Qatar Number 19 of 30 December 2014. '),
	(94254,5119,'_content_description','field_59b641c07f473'),
	(94255,5119,'pageSummary','The Qatari Minister of Economy and Commerce has issued a Decision Number 410 of 2014 relating to Copyright Official Fees, which was published in the Official Gazette of Qatar Number 19 of 30 December 2014.'),
	(94256,5119,'_pageSummary','field_59e59b307dec8'),
	(94257,5119,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/april-8/empowering-copyright-protection-in-qatar.html'),
	(94258,5119,'_currentURL','field_59d35123ab1e7'),
	(94259,5119,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Ra\'ed Al Hout'),
	(94260,5119,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(94261,5119,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','r.alhout@tamimi.com'),
	(94262,5119,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(94263,5119,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(94264,5119,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(94265,5119,'lawUpdateArticleNoWriters','1'),
	(94266,5119,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(94267,5119,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','634'),
	(94268,5119,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(94269,5119,'lawUpdateArticlePractices','1'),
	(94270,5119,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(94271,5119,'_yoast_wpseo_metadesc','The Qatari Minister of Economy and Commerce has issued a Decision Number 410 of 2014 relating to Copyright Official Fees, which was published in the Official Gazette of Qatar Number 19 of 30 December 2014.'),
	(94272,5120,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">These clauses are infamous within the construction industry, especially at the subcontracting level. There are a number of jurisdictions (e.g., UK, Singapore, New Zealand and certain states in Australia) where contractual ‘pay-when-paid’ types of arrangements are either void or looked at with suspicion by the courts.</p>\r\n<p class=\"MsoNormal\">These conditional payment mechanisms work to the advantage of the contractors but may put a serious financial obstruction on the subcontractor’s cashflow. In the UAE, the law accentuates the impact of these clauses as the Civil Code prohibits subcontractors from claiming directly against the employer unless the main contractor has assigned its rights against the employer to the subcontractor.</p>\r\n<p class=\"MsoNormal\">Keeping in mind the practical reality of a subcontractor being at the bottom of the payment food chain, what steps can a subcontractor take to minimize the risk created by pay-when-paid clauses?</p>\r\n<p class=\"MsoNormal\">Some options which a subcontractor can use when faced with a pay when paid scenario are set out below.</p>\r\n<p class=\"MsoNormal\"><strong>Direct Payments by the Employer</strong></p>\r\n<p class=\"MsoNormal\">Bargaining and negotiating terms of a subcontract are difficult for any subcontractor. The practical reality is that power lies with the main contractor/employer, being the entity paying the money.</p>\r\n<p class=\"MsoNormal\">That being said, sometimes a subcontractor can successfully obtain a direct payment obligation from the employer, at least for certified amounts, thus bypassing the main contractor.</p>\r\n<p class=\"MsoNormal\">The Civil Code states that a subcontractor shall have no claim against the employer for anything due to him from the contractor unless the contractor has made an assignment to him against the employer.</p>\r\n<p class=\"MsoNormal\">If a subcontractor has this type of arrangement, care is needed to ensure the terms agreed with the employer do not leave the subcontractor with other legal hurdles (e.g. disputes under local courts and not arbitration).</p>\r\n<p class=\"MsoNormal\"><strong>Contractor Pursuing the Claims of the Subcontractor</strong></p>\r\n<p class=\"MsoNormal\">The subcontractor should ensure that there is a clause which states that the contractor shall purse the claims of the subcontractor to the fullest extent permissible by law. Bolstering this clause ensures that the subcontractor can put pressure on the contractor to go after the employer to secure payment of its claims. The Civil Code lends credence to this approach and states that a condition must be observed and fulfilled as far as possible.</p>\r\n<p class=\"MsoNormal\">It is also advisable to include a clause which provides for the contractor to update the subcontractor of its pursuit of the subcontractor’s claims. This can be done by way of a clause which provides for the contractor to send a copy of all documents relating to the subcontractor’s claim between the contractor and the subcontractor to the Employer. This would ensure that the subcontractor is aware of the progress of matters and can accordingly put pressure on the contractor to pursue its claims more aggressively if that is already not the case.</p>\r\n<p class=\"MsoNormal\">An important point for the subcontractor to note is that the success or failure of its claims to a large extent would depend on the evidence. This means that letters, correspondence, payment applications evidencing the subcontractor’s compliance with its obligation in time should be properly recorded, filed and maintained.</p>\r\n<p class=\"MsoNormal\"><strong>Suspending works</strong></p>\r\n<p class=\"MsoNormal\">Subcontractors should seek a right to suspend works on account of non-payment by the contractor.  Irrespective of a pay-when-paid clause, suspension of works is a powerful weapon which can strong arm a contractor to pursue the subcontractor’s claim diligently and pressure the employer into paying for work which is not in dispute.</p>\r\n<p class=\"MsoNormal\">In time sensitive projects, a robust right to suspend can coerce an employer to pay as a delay would mean incurring late completion damages. A right to suspend works however should be exercised only after fulfilling the primary obligation of performance of the condition under the subcontract. UAE law does not give the right to suspend to a party who has not fulfilled its primary obligation.</p>\r\n<p class=\"MsoNormal\"><strong>Limiting the effect of pay-when-paid regime</strong></p>\r\n<p class=\"MsoNormal\">It is common practice for contractors to deny a claim for an extension of time or additional cost due to delay if a reciprocal entitlement has not been provided to the contractor under the main contract. This is so even if the subcontractor is not at fault.</p>\r\n<p class=\"MsoNormal\">The right to claim additional cost or an extension of time should not be subject to the contractor having a similar right under the main contract where the delay is not on the contractor’s critical path (that is causing a delay to the whole project) or where the delay is caused by something at the contractor’s risk under the main contract.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion </strong></p>\r\n<p class=\"MsoNormal\">There are ways around a pay-when-paid regime. From the subcontractor’s perspective, the impact of these clauses can be made more reasonable, if not completely negated. A subcontractor should try to manage its risk by insisting on the inclusion of all the options discussed above. While a contractor may be unlikely to agree to all proposed changes, the inclusion of just one will go a long way in providing comfort to the subcontractor.</p>'),
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	(174548,5120,'relatedArticles',''),
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	(94273,5120,'_content','field_59b649b5c8b2b'),
	(94274,5120,'lawUpdateArticleMonth','5113'),
	(94275,5120,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(94276,5120,'content_description','A ‘pay-when-paid’ clause is used by contractors to make payment to the subcontractor conditional upon payment of the corresponding sum from the employer.'),
	(94277,5120,'_content_description','field_59b641c07f473'),
	(94278,5120,'pageSummary','A ‘pay-when-paid’ clause is used by contractors to make payment to the subcontractor conditional upon payment of the corresponding sum from the employer.'),
	(94279,5120,'_pageSummary','field_59e59b307dec8'),
	(94280,5120,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/april-8/pay-when-paid-clauses-in-the-uae-is-there-a-way-around-for-a-subcontractor.html'),
	(94281,5120,'_currentURL','field_59d35123ab1e7'),
	(94282,5120,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Kanishka Singh'),
	(94283,5120,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(94284,5120,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','k.singh@tamimi.com'),
	(94285,5120,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(94286,5120,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(94287,5120,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(94288,5120,'lawUpdateArticleNoWriters','1'),
	(94289,5120,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(94290,5120,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','537'),
	(94291,5120,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(94292,5120,'lawUpdateArticlePractices','1'),
	(94293,5120,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(94294,5120,'_yoast_wpseo_metadesc','A ‘pay-when-paid’ clause is used by contractors to make payment to the subcontractor conditional upon payment of the corresponding sum from the employer.'),
	(94295,5121,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Having its headquarters in Lausanne, Switzerland, CAS is regarded as the only tribunal that can hear disputes over the interpretation of the Olympic Charter; it is the sole tribunal of appeal from decisions of the world Anti-Doping Agency and the final tribunal of appeal for many major international sports federations.</p>\r\n<p class=\"MsoNormal\">This position at the top of the sporting-legal world and the general acceptance of its decisions has required CAS to ensure that its reasoning is grounded in appropriate legal basis.  In looking not only to the form and substance of the sporting rules before it but also by drawing on what are generally considered to be universally accepted legal principles when forming its opinions and advices, CAS jurisprudence is creating what is becoming known as a transnational, universally applicable sports law.</p>\r\n<p class=\"MsoNormal\">CAS is independent of any sports organisations and is considered the highest international dispute resolution forum for legal cases relating to sports, including commercial disputes (e.g. issues arising from sponsorship agreements or player contracts) and discipline (e.g. doping, non-compliance with codes of conduct).  It also acts as an appeals court for decisions made by sporting organisations’ own arbitration systems or dispute resolution mechanisms, including global associations with disciplinary arms such as FIFA and the International Olympic Committee.</p>\r\n<p class=\"MsoNormal\">In May 2012, Abu Dhabi, the capital of the UAE, became one of only four cities in the world to host a permanent CAS court, the other cities being Lausanne, Sydney and New York.</p>\r\n<p class=\"MsoNormal\">CAS Abu Dhabi is a joint venture between the International Council of Arbitration for Sport (ICAS) and the Abu Dhabi Judicial Department.  This joint venture agreement was signed as per the directives of Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister of the UAE and the Minister of Presidential Affairs.</p>\r\n<p class=\"MsoNormal\">According to the agreement, the CAS Abu Dhabi Centre will hold arbitration hearings, organise meetings, seminars and other activities related to the development and promotion of sport’s legal aspects in the region.   The Abu Dhabi office of sport\'s highest court will also handle local, regional and international sports-related disputes and provide the required facilities to conduct video calls with experts and witnesses from around the world.  The facilities include onsite meeting rooms, communications and internet infrastructure, audio and videoconferencing systems and technical equipment as well as all human resources required to operate the centre.</p>\r\n<p class=\"MsoNormal\">The launch of a CAS facility in Abu Dhabi will provide the opportunity for specialised adjudication of sports related disputes, something that is becoming more common in the Gulf with the rapid rise of participation in sports and the hosting of major sporting events.  In such cases, conducting hearings (live or via the centre’s technology) in the UAE rather than in Switzerland, can potentially save significant costs and shorten periods for resolution.</p>\r\n<p class=\"MsoNormal\">The first case brought before CAS Abu Dhabi for resolution is currently waiting for a decision. The case involved the appeal of an Indian swimmer, Amar Muralidharan, against a doping ban.  The swimmer based his appeal against the decision of the Indian national anti-steroids committee in New Delhi, which convicted him of using banned substances and issued a suspension from competition for two years.  The CAS assigned seasoned independent arbitrator, Michele Bernasconi, from Switzerland, to hear the case as a sole arbitrator.  Muralidharan, his two lawyers and his father attended the first hearing. At the time of printing this article, a follow up with the Abu Dhabi CAS centre indicates that the case is still under scrutiny and a determination of the appeal is imminent.</p>\r\n<p class=\"MsoNormal\">In a previous case with some similarities heard by CAS: United States Olympic Committee v International Olympic Committee CAS 2011/0/2422, CAS referred to the generally-applicable principles of sports law, in a review of its own jurisprudence declaring what was at that time Rule 45 of the Olympic Charter unlawful.  Rule 45 had been introduced to impose a greater sanction on athletes found guilty of a doping offence and suspended from competition for six months or longer; in such a case, the athlete would be banned additionally from competing in the summer and winter Olympic Games immediately following the completion of their suspension.  CAS held Rule 45 to be unlawful primarily on the grounds that by introducing an additional punishment unilaterally that was not sanctioned by the World Anti-Doping Agency Code, the International Olympic Committee had not followed its own rules and procedures.  In other words, it had acted <em>ultra vires</em>, or beyond its powers.</p>\r\n<p class=\"MsoNormal\">The introduction of fundamental generally applicable or universally accepted principles of law into the jurisprudence of CAS provides it with an opportunity to set minimum standards of procedural fairness and governance that are applicable across all sports to compliment its ability to cater to the specificity of sport.  Furthermore, it provides CAS’s decisions with an underpinning legalism that mature legal systems consider integral to continued and reliable operations.</p>\r\n<p class=\"MsoNormal\"><em>Rihab El Amin is a senior associate in Al Tamimi’s litigation practice based in the Abu Dhabi office and is also a key member of the sports law practice.</em></p>\r\n&nbsp;'),
	(174506,5121,'core_values',''),
	(174507,5121,'_core_values','field_59b64ab071de4'),
	(174508,5121,'file',''),
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	(174512,5121,'related_pages_header',''),
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	(94296,5121,'_content','field_59b649b5c8b2b'),
	(94297,5121,'lawUpdateArticleMonth','5113'),
	(94298,5121,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(94299,5121,'content_description','The Court of Arbitration for Sport (CAS) is the world’s leading sports law forum and was established on 30 June 1984. '),
	(94300,5121,'_content_description','field_59b641c07f473'),
	(94301,5121,'pageSummary','The Court of Arbitration for Sport (CAS) is the world’s leading sports law forum and was established on 30 June 1984.'),
	(94302,5121,'_pageSummary','field_59e59b307dec8'),
	(94303,5121,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-11/april-8/the-court-of-arbitration-for-sport-is-launching-in-abu-dhabi.html'),
	(94304,5121,'_currentURL','field_59d35123ab1e7'),
	(94305,5121,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Rihab Al Amin'),
	(94306,5121,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(94307,5121,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','r.alamin@tamimi.com'),
	(94308,5121,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(94309,5121,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(94310,5121,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(94311,5121,'lawUpdateArticleNoWriters','1'),
	(94312,5121,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(94313,5121,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','410'),
	(94314,5121,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(94315,5121,'lawUpdateArticlePractices','1'),
	(94316,5121,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(94317,5121,'_yoast_wpseo_metadesc','The Court of Arbitration for Sport (CAS) is the world’s leading sports law forum and was established on 30 June 1984.'),
	(94318,5122,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">For a period that extended from 1992 to 2003, the Iraq Speculative Market was known as the Baghdad Speculative Market, which was incorporated according to Law No. 24 of 1991. This market was a state market that enrolled at that time 113 Iraqi joint stock private and mixed companies. The Baghdad Speculative Market was closed according to a decision dated 19 March 2003 issued by its Board of Directors on 18 April 2004 (Law No.74 of 2004), which was issued to incorporate two significant entities in the field of capital, namely the:</p>\r\n<p class=\"MsoNormal\">- Iraq speculative market; and</p>\r\n<p class=\"MsoNormal\">- Commission of Iraq speculative market.</p>\r\n<p class=\"MsoNormal\">A speculative market is financially and administratively independent and is managed by a board of nine members representing different economic sectors of the investment field, which is called the Governors Council.</p>\r\n<p class=\"MsoNormal\">The most important trading feature of the speculative market is that the prices of the marketable shares are free and rely on factors of supply and demand and on available information and statements from joint stock companies.</p>\r\n<p class=\"MsoNormal\">The Iraq Speculative Market adopted the licences of brokers, which were issued from the dissolved Baghdad speculative market, and they were allowed to carry out trading operations therein.</p>\r\n<p class=\"MsoNormal\">The Iraq Speculative Market Commission was incorporated in compliance with law No.74 of 2004 and its amendments; it is a state independent commission having a legal personality consisting of five members including the chief. Its accounts and records are subject to audit by the Financial Supervision and Integrity Commission. The most important service offered by the Commission is to carry out brokerage business in the Iraqi Speculative Market.</p>\r\n<p class=\"MsoNormal\">In the light of the above, the Iraqi Deposit Centre of Speculative Market has carried out many initiatives to build and support its infrastructure and apply updated IT systems aimed at achieving its prospective targets. This is especially with regard to updating the bilingual electronic system relating to the Keeper Custodian System.</p>\r\n<p class=\"MsoNormal\">The Keeper Custodian System was determined in 2012 by the Speculative Market Commission (to be applied optionally) which preserves the investors’ shares with that keeper instead of keeping it with the brokers, and obliges the investor to pay the complete value of the shares which he buys according to the payment system applied in the local speculative market.</p>\r\n<p class=\"MsoNormal\">It is noteworthy that this system complies with the international standards of the:</p>\r\n\r\n<ul>\r\n 	<li>Technical committee of the international organisations of speculative market committees (“10 SCO”);</li>\r\n 	<li>Committee on Payment and Settlement Systems (“CPSS”);</li>\r\n 	<li>Group 30 (“G30”);</li>\r\n 	<li>International Federation of Exchanges (“FIVB”)</li>\r\n 	<li>International Organisation of Securities Services (“ISSA”)</li>\r\n 	<li>World Federation of Exchanges</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The Keeper Custodian is a corporate person duly licensed by the Speculative Market Commission to carry out safe-keeping activity and preserve and convert securities between investors’ and brokers’ accounts and vice versa, and to pay commitments incurred through securities trading on behalf of its investors.</p>\r\n<p class=\"MsoNormal\">According to Instruction No.17 of 2012 in order to be licensed as a custodian for securities the relevant corporate person must be:</p>\r\n\r\n<ul>\r\n 	<li>An authorised Iraqi bank, which has an approval from the Central Bank of Iraq (“CBI”) to practise this activity; or</li>\r\n 	<li>An Iraqi firm specialised in financial services; or</li>\r\n 	<li>A branch of a foreign bank on the condition that it is licensed from the main bank and has the approval of the CBI.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Conditions of Keeper Custodian Activity</strong><strong> </strong></p>\r\n\r\n<ul>\r\n 	<li>The paid-up capital to carry out this activity should be not less than 50 billion Dinars.</li>\r\n 	<li>Preparation of the required electronic programs to carry out this activity in compliance with the conditions and specification provided by the market.</li>\r\n 	<li>Provision of what is required for insurance to cover damages that may occur to the investors arising from commercial risk, professional negligence, loss, damage, or theft of the investors’ documents or property, according to the discretion of the Commission.</li>\r\n 	<li>Payment of the subscription allowance with the bank guarantee, which is not less than 1 billion Dinars for the market order after receiving the Commission’s approval.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Functions of the Keeper Custodian: The Custodian’s functions</strong></p>\r\n<p class=\"MsoNormal\">The functions of the Keeper Custodian are determined according to a safe keeping agreement concluded with the investor, which includes opening an account for the securities of the investor and providing the rights connected therein including receiving the interest and profits and the right to subscribe with the pledge of securities. The Keeper Custodian is also responsible for converting the securities to and from brokers and other safe-keeping accounts in accordance with investors’ requests.</p>\r\n<p class=\"MsoNormal\"><strong>Obligations on Keeper Custodian</strong></p>\r\n<p class=\"MsoNormal\">According to the valid instructions of the Speculative Market, the Keeper Custodian  shall abide by the agreement of safe keeping of securities with every investor separately which include all investor statements.</p>\r\n<p class=\"MsoNormal\">The Keeper Custodian will use the securities only according to securities law and decisions issued accordingly and in conformity with the agreement concluded with the investor.</p>\r\n<p class=\"MsoNormal\">The Keeper Custodian shall inform the investor about all operations and conversions which occurred on his account, within 24 hours, including providing the investor with a detailed monthly account clarifying all trading and conversions which occurred in his account.</p>\r\n<p class=\"MsoNormal\">The Keeper Custodian shall keep the investors’ statements, their names or any information about their accounts confidential.</p>\r\n<p class=\"MsoNormal\">The Keeper Custodian must pay the annual subscription and submit an annual report about the financial position duly certified by the local supervisor. He must also submit the licence application to carry out the activity of Keeper Custodian to the Commission of Securities.</p>\r\n<p class=\"MsoNormal\">If the Keeper Custodian commits any breach of the law and rules, such as missing one of the licence terms or a material violation of any duties or obligations included in these rules, for example by defaulting in payment of the annual subscription or declaring bankruptcy of the licensed Keeper Custodian company, the Commission may:</p>\r\n\r\n<ul>\r\n 	<li>Address a notice to him and oblige him to rectify the breach within the period specified by the Commission or the market.</li>\r\n 	<li>Suspend the activity of the Keeper Custodian or cancel his licence.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">The Keeper Custodian system has been effectively adopted in the Iraq speculative market, providing high transparency in dealing and evidenced by great success in the international stock exchange. It should be an attractive factor for investors especially with the prospect of strong economic investment in Iraq.</p>\r\nThis new system ensures absolute independence for the Keeper Custodian, makes it obligatory for the investors to pay but at the same time provides a high degree of protection for the foreign investor.'),
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	(94337,5123,'content','April 2015\r\n\r\n<hr />\r\n<p class=\"Default\">However, given the degree of domain name scams abound in cyberspace, it is often parodied as the Wild Wild West.</p>\r\n<p class=\"text\"><strong>Cybersquatting</strong></p>\r\n<p class=\"text\">Trademark owners understand that domain names can function as trademarks and are often first in line to register their trademarks as domain names.  However, they are not the only parties to realise the inherent value of domain names. Domain name registrations are acquired on a first-come, first-served basis.  Enter the cybersquatter, a cyber villain who abuses the first come first served system by registering domain names incorporating the often well known trademarks of brand owners before the legitimate trademark owner manages to register the domain name.  The cybersquatter registrant then offers the domain name registration to the trademark owner for sale at a ransom price way above the cost of the registration.</p>\r\n<p class=\"text\">Such cyberpirates continue to illegitimately profit on the Internet by hijacking the inherent value of trademarks owned by the brand owners’ marks.</p>\r\n<p class=\"text\">Indeed, some cyberpirates register domain names that incorporate valuable trademarks to benefit commercially from Internet traffic that mistakenly arrives at the registrant’s website.  They misappropriate trademarks for such commercial gain rather than purely for trying to sell on such domain names.</p>\r\n<p class=\"text\">Typosquatting is also another innovative method of trademark misappropriation.  In this case, the domain names are registered incorporating misspelled variants of trademarks including nicknames or locally adopted variants thereof.  This can be particularly damaging to the brand owner as the locally adopted variant of the trademark could be the term, which has brand recognition and gravitas with the local consumers in the market.</p>\r\n<p class=\"text\">Another egregious form of cybersquatting occurs when competitors register domain names incorporating the trademarks of their rivals in order to deny them use of their own marks as featured addresses in cyberspace.</p>\r\n<p class=\"text\">Cybersquatters are particularly adept at mining the value of trademarks as used in domain names. In such cases, rather than turning a quick buck by on-selling domain names incorporating trademarks at a ransom, cybersquatters are in it for the long haul with the gems, which could potentially make exponential gains due to the inherent trademark value of the domain name.</p>\r\n<p class=\"text\">Thus, for instance, cybersquatters often link the domain name incorporating a trademark to websites featuring pornographic content, since pornographic sites continue to be sources of easy money on the Internet.  The registrant of the domain name would then receive a click-through fee whenever an Internet user inadvertently arrived at the pornographic website and clicked on one of the links.</p>\r\n<p class=\"text\"><strong>Specific domain name scams examples</strong></p>\r\n<p class=\"Pa4\">Unfortunately, registrants of domain names are easy targets for domain name scams given the fact that most of the details for the registrants of domain names are publicly available on the internet (i.e. company name, contact name, email address and phone number) through websites such as “Whois” (www.whois.com).</p>\r\n<p class=\"Pa5\">As a registrant of a domain name, you may encounter common domain name scams such as the following possibilities:-</p>\r\n\r\n<ul>\r\n 	<li>A notification from a domain name company advising you that it has received an application from a third party to register a domain name which has incorporated your trademark.  The company says it is alerting you to this fact to provide you with the opportunity to register the domain name first.  You are invited to register that domain name with the company as a means of preventing the third party from doing so.</li>\r\n 	<li>An email from an authorised domain name registrar in China, informing you that there has been an attempt by an unauthorised entity to register your trademark as a domain name or as an internet keyword in China and from due performance of their internal audit policies, the sender has found out that the trademark actually belongs to you or may be connected to you; the registrar has delayed the registration momentarily to contact you to ascertain whether you might have authorised the third party to register the domain name or internet keyword; if you have not so authorised the third party, the registrar will give you first priority and can register the domain name or internet keyword on your behalf to block the third party from doing so. If you do not, then the registrar will proceed with the third party’s registration.</li>\r\n 	<li>a “renewal” notification for a domain name which you do not actually have registered but which is very similar to your actual domain name, with perhaps just a different extension (for example, .net instead of .ae).</li>\r\n 	<li>You may be sent a domain name renewal notice by mail or email for your exact domain name, but it has been sent from a different company to the one you registered your domain name with.  Paying for and providing your account information to the new company will generally result in a transfer of the domain name to that company.</li>\r\n</ul>\r\n<p class=\"Pa5\">In order to combat these types of domain name scams, you need to be armed strategically with sound standard operating procedures such as the following:</p>\r\n\r\n<ul>\r\n 	<li>Ascertain the identity of your domain name registrar (this is the company you registered your domain name with originally).  Only that company will send you legitimate correspondence about your domain name.  It is administratively prudent o consolidate your name registrations with a single Registrar.</li>\r\n 	<li>Ascertain the expiry date(s) of your domain name registration(s).  Usually, your domain name registrar will send you a renewal notification about a month before expiry.  A scam entity might send you a renewal notification many months in advance of the expiry date hoping to bait you first.</li>\r\n 	<li>Be keenly alert to any correspondence you receive about your domain name, especially with respect to the domain name referred to in the correspondence.</li>\r\n 	<li>Legitimate correspondence will not ask you to provide your password for renewal of a domain name. If you are asked for your password, this is usually an indication that the sender is not legitimate.</li>\r\n 	<li>Implement strict accounts payable systems to limit the amount of people in your organisation who are authorised to approve and pay invoices so as to minimise the chance of inadvertent payment of a scam invoice.</li>\r\n</ul>\r\n<p class=\"Pa5\">Any notifications from a domain name registrar informing you that it has received an application from an unauthorised entity to register a domain name which incorporates your trademark are to be treated with great suspicion.</p>\r\n<p class=\"Pa5\">Particularly, you should be wary of Chinese internet keywords.  Remember that the internet keywords being offered to you are roman letters rather than Chinese characters and that Chinese websurfers are more likely to enter Chinese characters than English words when looking for your company.  In such circumstances, you would really only want to own some Chinese internet keywords if you foresee that your name in roman letters is going to be the identifier for your company in the minds of Chinese consumers rather than a string of Chinese characters and you would be sufficiently disturbed if such Chinese consumers were to be redirected to another’s website if they were to type your company’s name into the address bar of their internet browser.</p>\r\n<p class=\"Pa5\">The reality is that cybersquatters will continue to register domain names incorporating your trademarks.  This is impossible to prevent due to the multitude of available domain names out there especially with the recent proliferation of available domain names such as .money, .party, .wtf, .fund, .legal, .poker, .dad, .cash etc.  Practically, it is a near impossibility, not to mention prohibitively costly, to reserve every available domain name out there related to your business.  Generally, it is recommended that you register domain names for your core and important brands in the countries of interest to your business.</p>\r\n<p class=\"Pa5\">If you do decide to register a domain name, which has been suggested by a company sending notifications such as those described above, do not use them.  You should choose your own domain name registrar, which does not engage in such activities.</p>\r\n<p class=\"Pa5\">In order to combat the multitude of domain name scams out there on the World Wide Web, you need to sit down with your IP lawyers to find out the practical usage of your trade marks on the internet and how best to protect them in this context.</p>'),
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	(47797,2579,'_wp_attachment_metadata','a:5:{s:5:\"width\";i:100;s:6:\"height\";i:133;s:4:\"file\";s:22:\"uploads/media-2578.jpg\";s:5:\"sizes\";a:0:{}s:10:\"image_meta\";a:12:{s:8:\"aperture\";s:1:\"0\";s:6:\"credit\";s:0:\"\";s:6:\"camera\";s:0:\"\";s:7:\"caption\";s:0:\"\";s:17:\"created_timestamp\";s:1:\"0\";s:9:\"copyright\";s:0:\"\";s:12:\"focal_length\";s:1:\"0\";s:3:\"iso\";s:1:\"0\";s:13:\"shutter_speed\";s:1:\"0\";s:5:\"title\";s:0:\"\";s:11:\"orientation\";s:1:\"0\";s:8:\"keywords\";a:0:{}}}'),
	(101619,5523,'content','<p class=\"p1\">It is precisely this population growth, as well as growing wealth, that offers both operators and investors desirous of tapping into the healthcare market with a potential lucrative proposition as rapid urbanization and fast paced lifestyles have contributed to a spike in chronic diseases like heart disease, diabetes and stroke. It is a fact that Dubai, in comparison with countries like the US, UK and Germany, has a low ratio of doctors, nurses and beds per 1,000 population, which may explain why in the last 5 years or so, a number of international players in healthcare have entered this market and stepped up competition.</p>\r\n<p class=\"p1\">This article provides a brief insight on how an investor that intends to invest in the healthcare segment can do so by establishing a medical clinic/polyclinic in Dubai.</p>\r\n<p class=\"p2\"><strong>Regulation of the Health System in Dubai</strong></p>\r\n<p class=\"p2\">The Dubai Health Authority (‘DHA’) was formed in 2007 and is the supervisory authority tasked with regulatory oversight of the health system in Dubai. It is responsible for licensing and regulating medical professionals and healthcare facilities including hospitals, medical clinics and pharmacies. On the other hand, the Ministry of Health and Prevention oversees the licensing of drug stores.</p>\r\n<p class=\"p2\"><strong>Setting up a Clinic/Polyclinic</strong></p>\r\n<p class=\"p2\">The process of establishing a clinic/polyclinic in Dubai is as follows:</p>\r\n<p class=\"p4\"><em>Step 1 – Reservation of Trade Name</em></p>\r\n<p class=\"p1\">In order to start the formal licencing process of setting up a clinic in Dubai, a name for the limited liability company through which the clinic will operate is reserved through the Dubai Department of Economic Development (‘DED’). This is completed online via the DED portal with payment of the applicable fee. Once a name is reserved, the applicant may proceed to obtain an initial approval from the DED for incorporating the clinic as a limited liability company with the relevant activity of ‘family medicine clinic’.</p>\r\n<p class=\"p4\"><em>Step 2 – Initial Approval from the DED</em></p>\r\n<p class=\"p1\">The initial approval stage will involve submission of the main DED application form, together with various documents such as the passport and UAE visa page of the individual (for a non UAE national) and the manager, to the DED . Upon initial approval from the DED being granted, the intended use of the premises or facility for the clinic shall require a further approval from the planning department of the DED (the approval will normally take one working day). This process will involve the submission of further documents which will include the draft lease agreement for the proposed facility together with a detailed design layout and floor plan that is approved by the Dubai Municipality.</p>\r\n<p class=\"p4\"><em>Step 3 - Initial Approval by the DHA</em></p>\r\n<p class=\"p1\">Once the above steps are completed, the applicant must obtain an approval from the DHA and this process again will entail the submission of various documents, including a proposal letter or feasibility report of the proposed clinic, to the licencing section of the DHA</p>\r\n<p class=\"p4\"><em>Step 4 - Execution of Documents</em></p>\r\n<p class=\"p1\"><span class=\"s1\">The applicant will, for the purposes of formal registration of the clinic, execute both the memorandum of association of the proposed limited liability company and the lease agreement. </span></p>\r\n<p class=\"p4\"><em>Step 5 - Final Approval from the DED Planning Department and Issue of DED Licence</em></p>\r\n<p class=\"p1\"><span class=\"s1\">After registration of the executed lease agreement with the Real Estate Regulatory Agency and issuance of the mandatory Ejari certificate, the applicant will submit further documents including a copy of the executed lease agreement, Ejari certificate, DED licence application form and initial approval from the DED, with the planning department of the DED for its formal approval. The applicant can now start the process of requesting the final licence from the DED. In order for the DED to issue the final licence for the facility, the following documents would be required:</span></p>\r\n<p class=\"p5\"></p>\r\n\r\n<ul>\r\n 	<li>copy of the signed and notarized memorandum of association;</li>\r\n 	<li>copy of the initial approval from the DED;</li>\r\n 	<li>copy of the lease agreement;</li>\r\n 	<li>copy of the Ejari certificate;</li>\r\n 	<li>copy of the final approval from the planning department of the DED for use of the facility as a clinic; and</li>\r\n 	<li>copy of the initial approval by the DHA.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p4\"><em>Step 6 – DHA Application and Final Approval/Licence by the DHA</em></p>\r\n<p class=\"p1\"><span class=\"s1\">For the issuance of the licence by the DHA, the applicant is required to register on the DHA’s online portal to obtain a user login from the DHA website. Once a user ID is created, the applicant can begin the formal application process for acquiring the DHA licence, which involves uploading certain documents relative to the previous steps including a request letter for final approval and licence, copy of passport, UAE visa page and Emirates ID card of the Medical Director and a copy of schematic design drawings showing the proposed floor layout with room measurements for each room/area and labelled in accordance with the clinic’s services, to the DHA portal.</span></p>\r\n<p class=\"p1\">The final stage of the licensing process with the DHA will involve the applicant requesting a final inspection whereafter an onsite pre-operational assessment of the completed facility will be conducted by DHA inspectors.</p>\r\n<p class=\"p1\">In order for the DHA licence to be issued, certain preconditions must be fulfilled including:</p>\r\n<p class=\"p5\"></p>\r\n\r\n<ul>\r\n 	<li>all medical equipment required for provision of the clinic’s services must be installed and operational in accordance with manufacturer specifications; and</li>\r\n 	<li>the appointment:</li>\r\n</ul>\r\n&nbsp;\r\n\r\n&nbsp;\r\n\r\n1. of a medical director;\r\n\r\n&nbsp;\r\n\r\n2. qualified and licensed consultants/specialist physicians; and\r\n\r\n3. other healthcare professionals,\r\n<ul>\r\n 	<li>in sufficient numbers to satisfy the clinic’s proposed functional program and to meet patient needs for all provided services and procedures.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p4\">If all DHA guidelines and requirements are met, a final approval by the DHA is given which results in a licence being issued.</p>\r\n<p class=\"p3\"><span class=\"s3\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\">The Dubai Government is strongly focused on the development of the healthcare sector which is evidenced by the establishment of Dubai Healthcare City Free Zone which is committed:</p>\r\n\r\n<ul>\r\n 	<li>to creating a health and wellness destination; and</li>\r\n 	<li>to attract investment and promote medical tourism.</li>\r\n</ul>\r\n<p class=\"p4\">It has recently introduced a 10 year plan to introduce three new medical colleges and five nursing schools to meet its healthcare needs in the coming years.</p>\r\n<p class=\"p1\"><span class=\"s2\"> The advent of mandatory health insurance has increased usage of public and private medical facilities, this together with urbanization has paved the way for investment opportunities for the private sector as we have recently witnessed in a number of M&amp;A deals where private equity firms have entered the healthcare market. </span></p>'),
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	(101602,5522,'pageSummary','It is an uncontested fact that prescription drugs are big business; brand name pharmaceutical companies invest millions of dollars each year to develop new and innovative drugs. In order to protect their new and innovative findings, pharmaceutical companies invest significant resources into registering their newly developed drugs as patents. In this regard, patent protection provides a period of market exclusivity to the owner of the patent and is an efficient tool to prevent third parties, including generic drug companies, from entering the market. However, once the patent protection period ends, the demand for brand name drugs drastically reduces as generic drug companies start manufacturing the same product at a significantly lower cost. As such, pharmaceutical companies may turn to other forms of IP protection in order to retain their market share after their patent and market exclusivity expires. '),
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	(92838,5045,'content','December 2014 - January 2015\r\n\r\n<hr />\r\n\r\nThe New Law was issued in the Federal Gazette (No. 572 dated 30 November 2014). The New Law comes into effect on 1st March 2015.\r\n\r\nThis article provides an overview of the key amendments enacted by the New Law, most of which have strengthened and streamlined aspects of civil procedure in the country.\r\n\r\n<strong>Service and Notification</strong>\r\n<ol>\r\n 	<li>The New Law has introduced additional procedures aimed at facilitating and expediting the process of notification and service:The references to the Court’s Registry in the Civil Procedures Law are changed to “Case Management Office” (see Article 1 of the New Law). This is for reasons that are explained further below.</li>\r\n 	<li>The references to “notification server” are changed to “Process Service” (see Article 1 of the New Law). This is allows for the inclusion of service processor offices which are licensed by the regulating authority to carry out the service of court documents.</li>\r\n 	<li>Article 5 of the Civil Procedures Law gets a sub-article 2 which empowers the court to authorize a plaintiff or their attorney to carry out the service process.</li>\r\n 	<li>The statutory time within which the service processor can serve court documents is extended to take place between 7 am and 8 pm (see Article 6(1) of the New Law; originally the time ended at 6pm).</li>\r\n 	<li>Article 7(b) and (c) of the Civil Procedures Law has been amended to state that the information to be included in  the notification document may include the counter party’s domicile of choice.</li>\r\n 	<li>Article 8 of the Civil Procedures Law  has been substantially amended so that in cases where it is difficult to notify the opposing party (whether through deliberate avoidance or otherwise), under subsection 1 it is now possible to use modern alternatives. Those alternatives include the use of an email address or other modern methods of communication which are to be identified at a later stage by the Minister of Justice.</li>\r\n 	<li>Article 8(2) of the Civil Procedures Law  is greatly expanded to allow service of documents not just on the opposing party, but also any of that party’s employees (which could, for example, include secretarial or even cleaning staff,  such as the maid).</li>\r\n 	<li>In connection with merchant shops, Article 9(6) of the Civil Procedures Law now permits the service to be effected of the ship’s crew and, in cases where the ship has already sailed, the shipping agent.</li>\r\n 	<li>Article 9(7) now permits that, in cases where one of the parties is domiciled overseas, service of papers can be effected through the means agreed upon by the parties rather than having to go through diplomatic channels as was previously the case.</li>\r\n 	<li>Article 10 of the Civil Procedures Law concerns the deemed notification date of service, and is changed as follows:</li>\r\n</ol>\r\n<ul>\r\n 	<li>The article is now split into four subsections.</li>\r\n 	<li>Subsection 2 states that in cases where the party is to be notified is overseas, it is now deemed that the person has received notification from the date of correspondence is received from the Ministry of Foreign Affairs of the Diplomatic Mission which confirms the receipt of the party to be notified.</li>\r\n 	<li>Subsection 3 states that in cases where the service process is by registered mail, fax or email, service is deemed effective from the date of receipt of the registered mail, the fax or the email.</li>\r\n</ul>\r\nAmendments to Article 8 of the Civil Procedures Law  are extremely important because many subsequent articles  in the law that deal with the limitation period for taking certain procedural steps start ticking from the date of service. This can have severe consequences in cases of appeals to the Cassation Court because, for example, the notification of the decision which is being appealed can be made by sending an SMS to the person affected and it is deemed to be sufficient even though the mobile phone may be switched off. It is clear that in these circumstances there will be future regulations or directives to prevent potential abuse of the very wide provisions of Article 8.\r\n\r\n<strong>Jurisdiction:</strong>\r\n\r\nArticle 25 of the Civil Procedures Law clarifies the jurisdiction of the Federal Court and expressly gives it jurisdiction over all disputes that are of a federal nature.\r\n\r\nArticle 30 of the Civil Procedures Law now gives the small claims court jurisdiction over all claims below AED 500,000, raising the previous threshold of AED 100,000.\r\n\r\n<strong>Commencement and lodging of claim and appeals:</strong>\r\n\r\nArticle 42 of the Civil Procedures Law now allows for the commencement of claims electronically in addition to the delivery of the statement of claim to the Case Management Office. Further, Article 162 permits the same in relation to the lodging of an appeal; however in case where an appeal is being lodged to the Court of Cassation it must be done with the Case Management Office of the court of jurisdiction by reason of Article 177.\r\n\r\nArticle 45 now requires, by reason of subsection 1, the lodging with the Case Management Office of the claim submitted electronically. Subsection 2 obliges the defendant to submit its defence within a limited period without identifying what that period is. We presumes that at a later stage,there will be directives or regulations to identify what the relevant limitation periods should be.\r\n\r\n<strong>Attachment Orders:</strong>\r\n\r\nThe new amendment makes important changes to the procedures relating to attachment orders.\r\n\r\nArticle 252(2) of the Civil Procedures Law now regulates the previous practice of landlords entering premises to seize movables belonging to the tenant as well as the subtenant in the event of default and expressly permits for the seizure of movables belonging to the tenant.\r\n\r\nArticle 253 now adds that in cases where movables are to be seized, the person applying for the attachment order is required to provide a comprehensive and detailed description of the item he wishes to seize.\r\n\r\nHowever, it is not clear how a landlord exercising his right to an attachment order would have available to him the detailed description of the movables before he enters the premises.\r\n\r\nArticle 3 of the New Law amends Article 42 of the Civil Procedures Law which establishes the Court Management Office and sets out its function and composition.\r\n\r\nArticle 4 of the New Law cancelled Articles 12 and 47 of the Civil Procedure law for  reasons of convenience and practicality.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nThe changes made to the UAE Civil Procedures Law by the New Law are significant and welcome, particularly those that relate to service. The changes will make service quicker and easier, but further regulations will be needed to clarify the full extent of the changes.');

