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	(78989,4305,'content_description','Foreign construction companies wishing to participate in Government tender bids in Qatar should seek legal advice first. Often, foreign construction companies will focus more on the technical and commercial aspects of a tender bid; while overlooking the legal terms and conditions included in the tender documents. '),
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	(78991,4305,'pageSummary','Foreign construction companies wishing to participate in Government tender bids in Qatar should seek legal advice first. Often, foreign construction companies will focus more on the technical and commercial aspects of a tender bid; while overlooking the legal terms and conditions included in the tender documents.'),
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	(78995,4305,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Sharifah Hamzah'),
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	(79003,4305,'_yoast_wpseo_metadesc','Foreign construction companies wishing to participate in Government tender bids in Qatar should seek legal advice first. Often, foreign construction companies will focus more on the technical and commercial aspects of a tender bid; while overlooking the legal terms and conditions included in the tender documents.'),
	(79004,4306,'content','March 2011\r\n\r\n<hr />\r\n\r\nQatar’s Decree Law No. 16 of 2010 on Electronic Commerce and Transactions (E-Commerce Law), which came into effect towards the end of 2010, promises greater protection for consumers in electronic transactions. Although Qatar’s Consumer Protection Law and Commercial Code offered some protection of consumers’ rights, these laws were of a general nature and did not specifically deal with consumers in the context of e-commerce. The E-Commerce Law is timely given that online transactions are now part and parcel of life and conducted through a variety of electronic and telecommunication devices.\r\n\r\n<strong>Concluding an electronic contract</strong>\r\nThe E-Commerce Law requires the terms of an electronic contract to be stated clearly to the consumer prior to an order (whether for goods or services) being placed and the contract concluded.\r\n\r\nArticle 55 states that where an electronic communication relates to an order to conclude a contract of commercial nature, a service provider shall, prior to an order being placed, provide the consumer with the terms and conditions of the contract in a clear and comprehensible manner. (Electronic communication is defined in the E-Commerce Law as “any communication of information by means of telecommunications”.)\r\n\r\nThe terms of the contract to be provided should include information regarding the service provider, description of the main characteristics of the services or goods, prices, whether the consumer has the right to cancel the order, etc.\r\n\r\nAdditionally, the consumer has to be given “appropriate, effective and accessible” means of correcting any errors in an order before the order is placed. An acknowledgement should be sent “without undue delay” in order for the consumer to be sure that the order has been placed.\r\n\r\nMore importantly, Article 56 of the E-Commerce Law also specifies the point when an order or acknowledgement of contract is deemed to have been received. This is important in determining the point at which a contract has been concluded between the consumer and the service provider. Article 56 states that the order or the acknowledgement of receipt shall be deemed to be received when the parties to whom they are addressed are capable of accessing it.\r\n\r\nFurther, the acknowledgement of receipt may take the form of the provision of a service for which payment has been made.\r\n\r\n<strong>Cooling-off period</strong>\r\nIt is not uncommon for consumers making purchases or conducting transactions electronically to have done so hastily or based on insufficient knowledge or a misconception of the products or services presented. In recognition of this, the E-Commerce Law allows for a ‘cooling-off period’, as in many other jurisdictions, during which a consumer may back out of a contract.\r\n\r\nArticle 57 states that unless the parties agree otherwise, the consumer shall have the right to rescind or terminate the contract within 3 days from the date of entering into the contract so long as the service provider does not fully implement the contract and the consumer does not use the goods or products nor receive any benefit or value from them.\r\n\r\n<strong>The end of spam?</strong>\r\nThose who have been frequently annoyed by spam ranging from junk emails to numerous text messages (sms) on mobile phones would be relieved by the prohibition on unsolicited communications under the E-Commerce Law.\r\n\r\nUnder Article 54, a service provider is required to have the “explicit consent” of a consumer regarding an electronic communication before it can be sent to that consumer. There is a presumption that consent of the consumer has been obtained where there is an existing relationship with the service provider which meets the apparent expectation of the consumer to receive the communication, provided that:\r\n<ul>\r\n 	<li>The content of the communication is relevant to the purpose of the relationship.</li>\r\n 	<li>The service provider provides the recipient appropriate means and opportunity to opt out from receiving any further electronic communications at any time.</li>\r\n</ul>\r\n<strong>Data protection </strong>\r\nService providers are now required to protect the personal information of their customers. “Personal information” is defined in the E-Commerce Law as “information about an individual whose identity is apparent or can reasonably be ascertained either from that information or from a combination of that information and other information”.\r\n\r\nA service provider is required by Article 59 to identify the purposes for which personal information about the customer is collected and is prohibited from collecting, using, retaining or disclosing such information for undisclosed or unauthorised purposes unless permitted or required by law.\r\n\r\nA service provider is also required to take “reasonable steps” in protecting the personal information of the customer and related records; the protection measures should be commensurate with the importance of the information.'),
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	(79014,4306,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Wong Yuwn Ping'),
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	(79022,4306,'_yoast_wpseo_metadesc','Qatar’s Decree Law No. 16 of 2010 on Electronic Commerce and Transactions (E-Commerce Law), which came into effect towards the end of 2010, promises greater protection for consumers in electronic transactions.'),
	(79023,4307,'content','March 2011\r\n\r\n<hr />\r\n\r\nIt has been almost a decade since various governmental authorities in the Kingdom of Saudi Arabia started their discussions in relation to the issuance of new regulations that govern commercial companies in the Kingdom. This article is an effort to give an overview of the current position of the proposed companies’ law and expected changes.\r\n\r\nSince 2002, there have been discussions and deliberations to amend the current Saudi Companies Law, which was issued in 1965 (“SCL”) in order to take into consideration the continuous development in various fields of the Saudi business environment, such as: the accession of the Kingdom of Saudi Arabia to the World Trade Organization; establishment of the Saudi Arabian General Investment Authority (“SAGIA”), the Saudi Industrial Property Authority (“MODON”) and the Capital Market Authority (“CMA”).\r\n\r\nThere are various government bodies discussing the Proposed Companies Law (“PCL”), in particular, the Ministry of Commerce and Industry (“MOCI”) and the Bureau of Experts, at the Council of Ministers and Shura (Consultative) Council.\r\n\r\nThe PCL consists of 266 articles giving a greater role to the CMA, specifically, to have almost full supervision of listed joint stock companies. In accordance with corporate governance regulations issued by the CMA, the PCL provides that the minimum members of board of directors is three and maximum of 11, and owning a specified minimum number of shares of the relevant company will no longer be required.\r\nFurther, the CMA will have the power to call for a general assembly in certain situations and to extend the lock-up period for share transfer from the founders of listed joint stock companies to any third party. The PCL also provides that debt instruments and Shari’ah compliance bonds (sukuk) could be converted into negotiable shares.\r\n\r\nThere are a number of forms of companies, valid in the old SCL that will not be permissible in the new PCL; specifically, Cooperative Company, Companies with Variable Capital and Partnerships Limited by Shares.\r\n\r\nIn light of technical developments, publication in the Ministry’s website will be sufficient instead of publication in the official gazette or a local newspaper.\r\n\r\nOne of the most significant changes in the PCL is that the government; public juristic persons; companies that are totally owned by the government and companies of capital not less than SAR Five Million, may incorporate a one-person joint stock company, with full authority of the shareholders assemblies, including the foundation assembly.\r\n\r\nAnother important change is that when the company’s losses reach half of its paid up capital, any executive of the company, or the designated auditor shall inform the chairperson of the board of directors of same, who is then obliged to inform all directors and ultimately, to call for an extraordinary general assembly. If the extraordinary general assembly fails to convene within the specified period, or remedy the losses using the appropriate methods in accordance with the relevant regulations, the company shall be considered dissolved under the PCL.\r\n\r\nIn connection with the limited liability companies, the PCL allows a natural or juristic person to incorporate a Limited Liability Company (“LLC”) owned by one person. Also when the shareholders in an LLC exceed 50 shareholders, the company should be converted to a joint stock company within one year, otherwise the company shall be considered dissolved under the PCL, unless the excess of shareholders was as a result of an inheritance or provisions of a will.\r\n\r\nUnlike the SCL, the PCL has expressly established the position of a holding company and provides that a holding company can be established in the form of an LLC or a joint stock company. Nevertheless, a holding company shall identify itself as holding company by adding in its name the word “holding”.  A company would be considered as holding company if it controls other subsidiaries by owning more than half of the share capital of that subsidiary.\r\n\r\nThe PCL is still under discussion and the reciprocal views of the Shura (Consultative) Council, Ministry of Commerce and Industry and Bureau of Experts at the Council of Ministers. According to the latest news, the PCL, with its latest updating, was presented by the Ministry of Commerce and Industry to the Shura (Consultative) Council. Following completion of deliberations by the Shura (Consultative) Council, it will be sent to the Bureau of Experts at the Council of Ministers, to review any comments or proposals added by the Ministry of Commerce and Industry and/or the Shura (Consultative) Council on the final draft. If there are no comments, the Bureau of Experts, at the Council of Ministers, shall pass the PCL to the Council of Ministers for approval and issuance. Based on our discussion with a number of highly-placed officials,\r\nthe PCL shall be issued sometime in 2011.'),
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	(79027,4307,'content_description','It has been almost a decade since various governmental authorities in the Kingdom of Saudi Arabia started their discussions in relation to the issuance of new regulations that govern commercial companies in the Kingdom.'),
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	(79029,4307,'pageSummary','It has been almost a decade since various governmental authorities in the Kingdom of Saudi Arabia started their discussions in relation to the issuance of new regulations that govern commercial companies in the Kingdom.'),
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	(79041,4307,'_yoast_wpseo_metadesc','It has been almost a decade since various governmental authorities in the Kingdom of Saudi Arabia started their discussions in relation to the issuance of new regulations that govern commercial companies in the Kingdom.'),
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	(79056,4310,'content','April 2011\r\n\r\n<hr />\r\n\r\nAlthough the UAE has had anti-bribery legislation in place since the late 1980s in the form of the UAE Federal Penal Code (the “Code”), the businesses community in the UAE has, to a large extent, been unaware of the existence of the Code and how its provisions could impact their business operations locally.  However, following the slowdown of the UAE economy, as a consequence of the global economic crisis, there has been a marked rise in prosecution of individuals suspected of corrupt practices in the UAE under the Code as authorities seek to enforce this law in order to curb such practices.  In particular, certain high profile cases, which made the headlines, have highlighted the importance of being aware of the provisions of the Code and its implication for businesses in the UAE.\r\n\r\nDue to the political and economic impact of corruption, both locally and internationally, there has been a sustained and concerted effort by the UAE authorities to focus on stamping out corruption at all levels of government. Although the focus of the authorities has primarily been on corruption at government level, it is important to note that the Code also contains provisions which apply to the private sector. Consequently, a lot more attention is being paid by businesses and individuals to the subject of corruption and enforcement of the Code by the authorities as they seek to understand what measures, if any, they can take in order to ensure that their business operation are compliant under the Code.\r\n\r\n<strong>1. Scope of the Code</strong>\r\nAs mentioned above, the Code is the main federal law which regulates anti-bribery practices in the UAE.  Articles 234 to 239 of the Code contain provisions which criminalise the bribery or attempted bribery of both public and private sector employees.  Under the provisions of the Code, a bribe would be anything that confers a benefit on a public or private sector employee, as the case may be, with the intent to procure that such employee acts in a way that violates the duties assigned to his function or to commit an act which falls outside such duties (a “Bribe” or “Bribery” as the context requires).\r\n\r\n<strong>(a) Public Sector</strong>\r\nIn relation to acts of Bribery committed by individuals in the context of the public sector, the relevant parties who would be subject to prosecution under the Code are those persons who accept, offer or facilitate a Bribe, irrespective of whether they obtain any direct gain from such action.\r\n\r\n(i) The recipient\r\nThe recipient of a Bribe in the public sector is required by the Code to be a “public officer” who accepts a Bribe for himself or for another person in exchange for committing or omitting an act in violation of the duties of his function or an act which is not part of the duties of his function.  This term would include employees working in ministries and governmental departments, chairmen and members of legislative, consultative and municipal councils and chairmen and members of boards of directors, managers and all other employees working in public organizations and corporations.  In addition, the Dubai Court of Appeal has also recently interpreted the meaning of the words “public officer” to be sufficiently wide enough to include employees of state-owned or semi-state owned private sector entities who receive Bribes.\r\n\r\nIt is important to note that “public officers” would still be committing an offence and be subject to prosecution under the Code in circumstances where they accept a Bribe but did so without the intent to commit or omit the act required of them by the person who offered the Bribe.  Accordingly, the mere acceptance of a Bribe by a “public officer” would be sufficient grounds to prosecute that individual without having to prove that he had the intent to commit or omit the act required of him in exchange for such Bribe.\r\n\r\nApart from a “public officers” as described above, the provisions of Article 237(bis) of the Code also applies to recipients of Bribes who are not strictly “public officers” but who are none the less in a position to influence a “public officers” in the performance of their duties in exchange for a Bribe.\r\n\r\n(ii) The offeror\r\nArticle 237 of the Code provides that the act of offering a Bribe to a “public officer” or to someone in a position to influence a “public officer” is a criminal offence irrespective of whether intended recipient accepts the Bribe or not.\r\n\r\n(iii) The facilitator\r\nAlso under the provision of Article 237 of the Code, any individual who acts as a middle-man, mediator or contact person between the recipient and the offeror of the Bribe will also be guilty of an offence.\r\n\r\nIt should also be noted that the Emirates of Dubai and Abu Dhabi both have specific anti-bribery legislation in place which are aimed at curbing corrupt practices. In Dubai for instance, the Dubai Government Human Resources Management Law of 2006 contains a number of obligations intended to combat potential corrupt practices and ensure that employees of the Dubai Government adhere to the highest professional and ethical standards whereas in Abu Dhabi, Law No. 1 of 2006, which regulates the Abu Dhabi civil service, prescribes similar rules and standards of conduct for civil servants and also contains a number of provisions which are specifically aimed at curtailing corrupt practices.\r\n\r\n<strong>(b) Private Sector</strong>\r\nIn relation to acts of Bribery committed by individuals in the context of the private sector, Article 236(bis) of the Code states that only the individual who accepts a Bribe, in exchange for committing or omitting an act in violation of the duties of his position would be guilty of an offence under the Code.  The recipient, in this instance, is defined by the Code as any member of the board of directors of any private company, institution, cooperative association or public benefit association, as well as any manager or employee in any of these.\r\n\r\nIt should be noted that there is no provision in the Code which makes it a criminal offence to offer Bribes in the private sector or to act as a facilitator in these circumstances.\r\n\r\n<strong>2. Penalties</strong>\r\nAs set out above, the Code draws a clear distinction between Bribery in the public and private sector and in keeping with this distinction, the Code prescribes different penalties to be applied to individuals found guilty of Bribery depending on the relevant sector.\r\n\r\n<strong>(a) Public Sector</strong>\r\nAny “public officer” who is found guilty of accepting a Bribe would be subject to a fine equivalent to the benefit accepted by them (provided the fine is not less than AED 1,000), confiscation of the actual benefit accepted and, depending on the circumstances of each case, imprisonment ranging from five to a maximum of ten years.  In addition, individuals who are found guilty of accepting a Bribe in exchange for exerting their influence over a “public officer” would be subject to a fine not exceeding AED 10,000 and imprisonment of up to one year.\r\n\r\nIndividuals who offer a Bribe to a “public officer” or to an individual who is in a position to exert influence over a “public officer”, would be subject to a fine equivalent to the benefit they offered as a Bribe (provided the fine is not less than AED 1,000), confiscation of the actual benefit offered and imprisonment not exceeding five years.  Similar penalties would apply to any individual who facilitates a Bribe between the offeror and the recipient.\r\n\r\n<strong>(b) Private Sector</strong>\r\nIndividuals who accept Bribes in the private sector would be subject to a fine equivalent to the benefit accepted by them (provide the fine is not less than AED 1,000), confiscation of the actual benefit accepted and imprisonment not exceeding five years.\r\n\r\nEven though the UAE authorities have, as yet, not taken any firm steps towards addressing corrupt practises in the private sector, the Code does allow them to prosecute individuals suspected of such practices.  Accordingly, there may eventually be a shift in direction by the authorities as they move to eradicate corruption not only at government level but also in the public sector. In doing so, it is conceivable that the authorities may very well in the future expand the provisions and application of Article 236(bis) of the Code to facilitate prosecution of Bribery in the private sector such that the offeror and facilitator of a Bribe would also be guilty of an offence.\r\n\r\nIn conclusion, it is important for international companies which carry on business in the UAE and also have business interests in other countries, for instance in the United States and the United Kingdom, to not only have regard to the provisions of the Code (including any comparable Emirate specific legislation) but to also be aware that there may be specific anti-bribery legislation in place in those countries, for instance the Foreign Corrupt Practices Act in the United States and the soon to be implemented Bribery Act in the United Kingdom, which they would be obliged to comply with.  In appropriate circumstances, certain actions taken by these companies locally in the UAE could be classified as offences not only under applicable local anti-bribery legislation, but also under applicable foreign anti-bribery legislation which could result in multi-jurisdictional prosecutions of these companies.'),
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	(79062,4310,'pageSummary','April 2011\r\n\r\n<hr />\r\n\r\nAlthough the UAE has had anti-bribery legislation in place since the late 1980s in the form of the UAE Federal Penal Code (the “Code”), the businesses community in the UAE has, to a large extent, been unaware of the existence of the Code and how its provisions could impact their business operations locally.'),
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	(79074,4310,'_yoast_wpseo_metadesc','Although the UAE has had anti-bribery legislation in place since the late 1980s in the form of the UAE Federal Penal Code (the “Code”), the businesses community in the UAE has, to a large extent, been unaware of the existence of the Code and how its provisions could impact their business operations locally.'),
	(79075,4311,'content','April 2011\r\n\r\n<hr />\r\n\r\nThe employment team hosted a breakfast seminar on Tuesday 22 March 2011, discussing the impact of the Cabinet Resolution (No. 25 of 2010), and its supporting Ministerial Resolutions, on UAE employment relations.\r\n\r\nThe Cabinet Resolution and one of the Ministerial Resolutions (No. 1187 of 2010) was discussed by Rebecca Ford in the February 2011 Law Update. Since then, a number of additional Ministerial Resolutions have become available which have clarified the Cabinet Resolution.  This article is therefore an update on Rebecca’s article, and confirms some of the topics discussed in the breakfast seminar.\r\n\r\nAs previously reported, the Cabinet Resolution introduced five new internal work permits (comprising: work transfer, temporary work, part-time work, personnel sponsored by family and juvenile) for individuals already based in the UAE. The Cabinet Resolution also suggested that in some instances, the Minister of Labour may approve the waiver of the automatic six-month ban which is ordinarily imposed upon employees leaving an employer.\r\n\r\nThe supporting Ministerial Resolutions which have been published regarding these issues have provided additional detail on the application of the work permits and the waiver of the six-month ban.  It is clear to us that some of the aims of the Ministerial Resolutions are to promote stability in the workforce of the UAE, as well as to allow some flexibility of movement, in order to address the issues which arose from the economic events of the past few years.  However, the Ministerial Resolutions do not lose sight of the fact that, as provided for in the UAE Labour Law (UAE Federal Law No. 8 of 1980, as amended), work is a right of UAE nationals, and the Resolutions provide that an expatriate will not be granted an internal work permit, if there is a UAE national available who could fulfil the role.\r\n\r\nThe Ministerial Resolutions also remind employers that the costs of the work permits may not be recouped from the employee, whether by direct payment or deduction from wages.\r\n\r\n<strong>Work Permits</strong>\r\nWe reported in the February article that the temporary work permit will be issued to nationals or non-nationals employed for a period of not more than six months in duration.  It is clear from the Ministerial Resolution that one of the aims of the temporary work permit is to enable an individual to work where a labour claim is pending in the Labour Court.\r\n\r\nWe also reported in the February article that the part time work permit was announced as enabling employees to take up more than one role. However, there has been some concern (reported in the press) that these permits would allow expatriates to take roles away from UAE nationals. Although the part time work permits are open to UAE nationals and expatriates alike, the permits will only be granted at the discretion of the Ministry of Labour and therefore the use of these permits may be carefully controlled.  In actual fact, we believe that one of the aims of the part-time permits is to encourage UAE national females into the workplace.\r\n\r\nThe Cabinet Resolution introduced a work permit for personnel sponsored by their kinship. We speculated in the February article that this would mean that expatriates would be able to act as official work sponsors of their dependents. The applicable Ministerial Resolution (No. 1188 of 2010) has clarified that the kinship permit will be granted to the following categories:\r\n\r\n(a) females from the age of 18;\r\n\r\n(b) the husband of a UAE national female;\r\n\r\n(c) the children of a UAE national female.\r\n\r\nAccordingly, the use of this permit will be limited.\r\n\r\nOne of the new Ministerial Resolutions (No. 1189 of 2010) provides more detail with respect to the juvenile work permits (for UAE nationals and expatriates between the ages of 15 – 18).  In particular, this provides that the maximum number of working hours per day is limited to six hours, and the juvenile must have rest breaks of a minimum of one hour in total. The juvenile should be able to take the break(s) so that they do not work consecutively for more than four hours. In addition, the juveniles must not work overtime, stay on the employment premises beyond the hours of work, or be asked to work holidays. Finally, the Ministerial Resolution identifies 31 prohibited work activities.\r\n\r\n<strong>Labour bans</strong>\r\nTo date, the Ministry of Labour has imposed an automatic 6-month ban on all individuals leaving their onshore employer. The ban could only be lifted for individuals with more than one year’s service upon provision of a no-objection certificate from the former employer and/or payment of a fee (depending on length of service). The February article identified the factors which the Cabinet Resolution identified that the Minister of Labour should take into account when deciding whether to waive the ban.\r\n\r\nThe Ministerial Resolution has now clarified that the automatic 6-month ban will not be imposed where:\r\n\r\n(1) Employment is terminated by mutual consent; and\r\n\r\n(2) The employee has at least two years of service.\r\n\r\nHowever, there are exceptions to this rule, which expand the scope of this waiver still further.\r\n\r\n<strong>“Mutual consent” may not be required if:</strong>\r\n<ul>\r\n 	<li>The employer acts in breach of its legal obligations (the example provided by the Ministerial Resolution is where an employer fails to pay salary for a period of 60 days or more); or\r\nWhere the employee is “not the cause” of the termination. The Ministerial Resolution lists three examples of this, where the employer has shut down and has not been undertaking commercial activity for at least two months, provided that the employee has raised a complaint to the Ministry of Labour during this period; where the employer is ordered by the Labour Court to pay at least two months’ salary, or is found to have arbitrarily dismissed the employee, terminated a fixed term contract early, or failed to pay end of service benefits;  or where the employer terminates the contract or fails to renew a fixed term contract of its own accord.</li>\r\n</ul>\r\n<strong>The requirement of two years’ service will not be required where:</strong>\r\n<ul>\r\n 	<li>The employee is in a qualifying professional category (which to date have been based on academic achievement, i.e. Level One:  Degree level and above, Level Two:  Diploma, Level Three: High School qualification) and will receive from the new employer the required minimum salaries for those skill levels, being AED 12,000, AED 7,000 and AED 5,000 respectively; or</li>\r\n 	<li>The employer acts in breach of its legal obligations, or is “not the cause” of the termination (as set out above); or</li>\r\n 	<li>The employee is transferred to a group company. This latter exception is particularly helpful, in our view, given that many companies have chosen to reorganise their businesses in recent years, which has resulted in employees being moved from one group company to another. Although in the event of an intra-group transfer, the employment with the first company is terminated, nevertheless employment within the group is maintained. We therefore consider that it is sensible that the 6-month ban is no longer imposed in such circumstances.</li>\r\n</ul>\r\n<strong>More Resolutions to follow?</strong>\r\nAs has been reported in the press recently, the work permit and residence visa for onshore employment has been reduced from a three-year period to two years. However, no applicable Resolution has been made available regarding this to date and concerns have been voiced by business representatives regarding the reduction in the period of the visa (as this may lead to higher fees where staff within an organisation remain in employment for a long period of time).\r\n\r\nFurther, it has been reported in the press that the Ministry of Labour will no longer require employers to obtain one-year consent for the continued employment of an employee who has reached the age of 60, and instead, consent will now be required once an employee turns 65 years of age. However, no Resolution regarding this is publicly available at present.'),
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	(79079,4311,'content_description','The employment team hosted a breakfast seminar on Tuesday 22 March 2011, discussing the impact of the Cabinet Resolution (No. 25 of 2010), and its supporting Ministerial Resolutions, on UAE employment relations.'),
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	(79081,4311,'pageSummary','The employment team hosted a breakfast seminar on Tuesday 22 March 2011, discussing the impact of the Cabinet Resolution (No. 25 of 2010), and its supporting Ministerial Resolutions, on UAE employment relations.'),
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	(79085,4311,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Rebecca Ford'),
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	(79093,4311,'_yoast_wpseo_metadesc','The employment team hosted a breakfast seminar on Tuesday 22 March 2011, discussing the impact of the Cabinet Resolution (No. 25 of 2010), and its supporting Ministerial Resolutions, on UAE employment relations.'),
	(79094,4312,'content','April 2011\r\n\r\n<hr />\r\n\r\nInternational treaties are binding contracts between states. Treaties can be either bilateral treaties (for example, between two states) or multinational treaties (i.e. between many states) Treaties may be established for a region of group of states i.e. NAFTA or GCC states. Treaties are binding to the signatory states by joining and/or ratifying the treaty through their congressional bodies, where ratification comes upon signing of the treaty by the executive authorities of each state. If permissible by the treaty, state(s) can make reservation(s) on specific provision(s) which enable such state to opt out from certain stipulation(s).\r\n\r\nThere are two different categories of treaties for implementation purposes. A treaty can be either “Self Executing Treaty” or a “Non Self Executing Treaty”. The former can be implemented directly as part of the domestic legislation without the need for additional intervention of any authorities upon ratification. However, the latter requires intervention by congressional bodies in each state in order to adopt the principle of the treaties in either a separate legislation or amendment to existing legislation(s) in order to be the law of the land, this is the norm in dualistic states.\r\n\r\nThe New York Convention on Recognition and Enforcement of Foreign Arbitral Award (“NYC”) is an international treaty with 145 signatory and ratified states. The NYC is considered to be a Non-Self Executing treaty that requires adoptive legislation compatible with the principles laid down in the said treaty. The United Nations Commission on International Trade Law (“UNICTRAL”) has issued an arbitration Model Law (“ML”) part of which is intended to simplify the process for ratified state(s) in implementing NYC into their municipal legislation system.\r\n\r\nThe UAE ratified the NYC on 19 November 2006 without any reservation. The benefit in recognizing and ratifying the NYC is to facilitate the process for solving disputes amongst international businesses within the global market as an effective vehicle, which ultimately encourages and attracts investments into UAE.\r\n\r\nSince UAE ratified the treaty under a Federal Decree there has been a debate as to how the implementation and enforcement of foreign arbitral awards can be implemented. It has not been tested under the current UAE legislation system as to its compatibility or whether it needs further action (enactment of arbitration law).\r\n\r\nMany states adopted the ML after ratification of the Treaty with minor amendments reflecting the unique requirements of both trade and business. For example, Egypt enacted its arbitration law (Law no. 27/1994) using such ML. Currently, the UAE Legislator is deliberating on the final Bill to pass a domestic law for arbitration derived from ML which will reflect the UAE’s trade and business practice requirements.\r\n\r\nRecently in the UAE, the effectiveness of domestic legislation and procedures in recognizing and enforcing the principles of the NYC were triggered by two judgments – the first from Fujeirah Court, and the Recent Verdict (“RV”) by the Dubai Court of First Instance (“DC”) rendered on 12 January 2011 ratifying a final arbitration award (AW) with its seat in London.\r\n\r\nThe publication of the RV of First Instance, granting ratification to the said AW, caused a major debate amongst the legal community. The potential impact for establishing standard procedures for ratifying a foreign arbitral award in the UAE may have started since RV has been rendered.\r\n\r\nThis article will provide an in-depth analysis of the implementation of the NYC on the AW, the RV grounds for ratifying AW, and whether the DC applied the Convention’s principles or not.\r\n\r\nIn order to examine each segment, the following three issues will be analyzed\r\n\r\n1) Whether DC construed the final AW as a foreign or local award; given the following facts; <sup>1 </sup>\r\n<ul>\r\n 	<li>Both parties are domiciled in Dubai, UAE;</li>\r\n 	<li>Arbitration clause was drafted and contract signed between parties in Dubai, UAE;</li>\r\n 	<li>Transaction triggering the dispute between parties was in UAE;</li>\r\n 	<li>The dispute arose in UAE;</li>\r\n 	<li>The rules administrating the said arbitration were DIFC-LCIA located in Dubai, UAE;</li>\r\n 	<li>The arbitration seat was London, hence, the applicable arbitral law was “English Law”- The Arbitration Act 1996;<sup> 2 </sup></li>\r\n</ul>\r\n2) Did DC ratify the AW using similar procedures to those applied in ratifying and enforcing domestic arbitral awards without requiring Claimant to comply with the provisions of articles 235 and 236 of the Civil Procedure Law (“CPL”) or not?\r\n\r\nThe said CPL provisions state clearly that no order shall be rendered to execute the foreign arbitral award unless the Court examines the following evidences:\r\n<ul>\r\n 	<li>Evidence from the successful party that the local court has no subject matter jurisdiction on the case adjudicated before the foreign Tribunal. And, the Tribunal (English forum) rendering the AW has jurisdiction in accordance with the rules in that foreign country (England); and complies with their international jurisdiction regulations (art. 235 (2) (a)).</li>\r\n 	<li>Evidence that the AW was rendered by a competent forum having jurisdiction in accordance with the foreign state laws where it was rendered (England) (art. 235(2) (b)).</li>\r\n 	<li>Evidence that the parties to the AW were properly and duly summoned and were legally represented (due process was observed in the foreign award) - (Article 235(2) (c)).</li>\r\n 	<li>Evidence demonstrating that AW is a final and binding award in accordance with the laws where it was rendered (submission of English Law and/or the DIFC – LCIA rules) and the AW possesses the power to stand as a valid res judicata plea against any similar proceeding between the same parties and subject matter (certificate from London Courts) - (Article 235(2) (d));</li>\r\n 	<li>Evidence (court certificate) demonstrating that the AW is not contradictory or in violation of any other judgment or order previously rendered in UAE courts, and does not violate moral and public orders (Article 235/2 (e)).</li>\r\n 	<li>In accordance with Article 236 of the CPL, evidence demonstrating that the dispute between the parties was arbitrable and enforceable matter under the laws of the state where it was rendered (London).</li>\r\n</ul>\r\n3) Did the Claimant in the RV submit evidence in compliance with articles 235 and 236 of the CPL? Whatever, the position, the DC granted ratification.\r\n\r\nIn light of the above facts/issues, two opposite arguments arise for discussion, which will be concluded by comment on the said RV in the next article.\r\n\r\nThe above arguments setting out the nature of the AW will be addressed in the next edition of Law Update.\r\n\r\nTo be continued …\r\n\r\n<sup>1 </sup>Analyszed from the RV\r\n\r\n<sup>2 </sup>See Arbitrator that \"the Tribunal also ruled that the seat of the arbitration is England and the procediral law is English law, including the Arbitration Act 1996\".'),
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	(79100,4312,'pageSummary','International treaties are binding contracts between states. Treaties can be either bilateral treaties (for example, between two states) or multinational treaties (i.e. between many states) Treaties may be established for a region of group of states i.e. NAFTA or GCC states.'),
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	(79114,4312,'_yoast_wpseo_metadesc','International treaties are binding contracts between states. Treaties can be either bilateral treaties (for example, between two states) or multinational treaties (i.e. between many states) Treaties may be established for a region of group of states i.e. NAFTA or GCC states.'),
	(79115,4313,'content','April 2011\r\n\r\n<hr />\r\n\r\nFollowing the previous article entitled “Assignments in the United Arab Emirates” (published in the November issue of the Law Update) explaining the general conditions and requirements of a valid assignment in the UAE, this article oulines the prevailing jurisprudence with respect to assignment of rights in the UAE.\r\n\r\nGiven the absence of a separate legal regime for an assignment of rights under UAE law, UAE Courts have decided cases on assignment of rights based on existing commercial common practices and comparative law. In the following Dubai Court of Cassation case, the Courts are guided by the provisions of the UAE Civil Code relating to ‘assignment of debts / obligations’ in determining the validity of an ‘assignment of right’.\r\n\r\n<strong>Dubai Court of Cassation Case No. 188/2006</strong>\r\n<strong>Issued on 13th March 2007</strong>\r\n\r\n<strong>Claim</strong>\r\nA civil action was filed before the Dubai Court of First Instance by a commercial bank (the “Bank”) against a corporate borrower (the “Borrower”) for non-payment of the latter’s obligations under a term loan facility.\r\n\r\n<strong>Facts of the Case</strong>\r\nThe Bank granted a term loan facility for the amount of AED7,469,602.09 to the Borrower under the terms of a facility agreement (“Facility Agreement”). Subsequently, the Borrower defaulted on its installment payments. This prompted the Bank to declare an acceleration event pursuant to the terms of the Facility Agreement and making the full amount of the loan immediately due and payable. The Borrower was served a notice of acceleration but failed to settle the outstanding amount of the loan.\r\n\r\nHence, an action was filed in the Court of First Instance for collection.\r\n\r\n<strong>Court of First Instance</strong>\r\nThe Court of First Instance ruled in favour of the Bank and ordered the Borrower to settle the full outstanding amount plus interests from due date until actual receipt of payment, together with costs and minimal advocate’s fees.\r\n\r\nThe Borrower consequently appealed the decision to the Court of Appeal.\r\n\r\n<strong>Court of Appeal</strong>\r\nOn appeal, the Borrower argued, inter alia, that the Court of First Instance failed to determine the correct amount outstanding under the Facility Agreement.\r\n\r\nThe Borrower alleged that the Court of First Instance failed to appreciate that the right of the Borrower to receive payments under a contract in relation to a certain project (“Receivables”) was assigned in favour of the Bank. It was claimed by the Borrower that since the Bank had been assigned the right over the Receivables, the amounts pertaining to the said Receivables should have been deducted from the outstanding amount of the loan. Further, it was asserted that the amount of Receivables assigned to the Bank was reflected on the Borrower’s book of accounts and, therefore, should have been considered by the Court of First Instance when it rendered its decision as to the judgment amount.\r\n\r\nThe Court of Appeal did not find merit in the allegations and upheld the decision of the lower court in toto, hence, the Borrower brought the action to the Court of Cassation.\r\n\r\n<strong>Court of Cassation</strong>\r\nThe Court of Cassation ruled that no assignment of right had been perfected between the parties.\r\n\r\nThe Court held that an assignment of right takes place by agreement between the obligee (assignor) and another party to whom the obligee transfers its right (assignee) as against the obligor. An assignment in that respect is a contract between the assignor and the assignee, which must satisfy all of the necessary elements including consent, subject matter and cause.\r\n\r\nIt is settled law that in order for a contract to be concluded, there must be a corresponding offer and acceptance, and the link between them. What is meant by an offer is an offer whereby the person who makes it conclusively expresses his intention to enter into a specific contract, in such a way that if it is accompanied by acceptance, the contract will be concluded. The exchange of offer and acceptance should indicate mutual consent of the parties.\r\n\r\nThe Court referred to Article 1109 (1) of the Civil Code which requires consent of the parties for an assignment  to be valid.\r\n\r\n<strong>Article 1109 (1) states that:</strong>\r\n\r\n“In order for an assignment to be valid, there must be consent of the transferor and the transferee, and the creditor.”\r\n\r\nIn this case the Court held that whilst there was an intention on the part of the Borrower to assign its rights over the Receivables, the consent of the Bank (as assignee) to the assignment was not present.\r\n\r\nThe Court held further that in order for an assignment to be valid the requirement of Article 1113 of the Civil Code should be met.\r\n\r\n<strong>Article 1113 provides that:</strong>\r\n\r\n“In addition to the general conditions, the following conditions must also be satisfied in order for an assignment to be valid:\r\n\r\na. It must be completed and dependent on no condition other than an appropriate or customary condition, nor must any future contract be dependent on it;\r\n\r\nb. The performance thereof must not be deferred to an unknown future date;\r\n\r\nc. It must be limited in time to a specific time limit;\r\n\r\nd. The property transferred must be a known debt which is capable of being satisfied;\r\n\r\ne. The property transferred to the transferee in a restricted transfer must be a debt or specific property which cannot be compounded, and both types of property must be equal in type, amount and description; and\r\n\r\nf. It must not involve any conditional or substantial additional consideration in favour of any of the parties, and the assignment shall be unaffected by such additional consideration agreed upon after the assignment was made, and it shall not be payable.”\r\n\r\nThe Court held that in order for an assignment of right to be valid, the subject matter of the right should be specified as to type and amount. In addition to the general conditions, the property assigned must be a debt of known amount, and capable of being substituted. This means that the subject matter of the assignment, which is the property assigned, must be particularised as to type and amount. Where the property consists of money, it must be of a specified amount, failing which the assignment is void.\r\n\r\nAssuming that there had been a valid assignment of right, the Court ruled that there was no proof that payments were indeed made by the third party contractor (being the counterparty to the original contract) to the Bank.\r\n\r\nIn light of the above, the Court of Cassation upheld the findings of the lower courts in dismissing the claim of the Borrower that an assignment of right had been granted in favour of the Bank as security for the obligations under the Facility Agreement.\r\n\r\n<strong>Conclusion</strong>\r\nThe Court of Cassation in the foregoing case made a significant point in relation to Article 1113(d) of the UAE Civil Code as applied to assignment of rights. For an assignment of right to be valid and enforceable, the type and quantity of the assigned right (arising from a contract; payment obligations or receivables) should be certain and identifiable, and where the assigned right relates to a sum of money, the amount should be fixed at the time of execution of the assignment agreement. The same is equally applicable where the right being assigned relates to receivables at some future date.\r\n\r\nWith the foregoing decision, it should be noted that where the right consists of a sum of money, certainty in the subject matter of the assignment lies not only upon the relevant contract (under which such right is being assigned) being identifiable, but also for that sum of money to be fixed at the time of perfecting the assignment.\r\n\r\nIn taking an assignment of right as a form of security, parties should bear in mind the important components constituting a valid assignment in the UAE including the present position on the matter as clarified by this case.'),
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	(79137,4313,'_yoast_wpseo_metadesc','Following the previous article entitled “Assignments in the United Arab Emirates” (published in the November issue of the Law Update) explaining the general conditions and requirements of a valid assignment in the UAE, this article oulines the prevailing jurisprudence with respect to assignment of rights in the UAE.'),
	(79138,4314,'content','April 2011\r\n\r\n<hr />\r\n\r\nThere have been various developments recently in Saudi Arabia towards increasing the effectiveness of the Corporate Governance framework. The Saudi Capital Market Authority (“CMA”) announced the amendment of Article 9 of the Corporate Governance Regulations (CGR)<sup> 1 </sup>to regulate the remunerations and compensations paid to the members of the Boards of Directors of companies listed on the Saudi Stock Exchange “Tadawul”. The insertion of the definition of the expression “Remunerations and Compensations”, is a step by the CMA to strengthen the principles of corporate governance applied to joint stock companies. The amended Clause (e) of Article 9 stipulates that the report of the Board of Directors which is appended to the annual financial statements of the company shall include: “Details of compensation and remuneration paid to each of the following:\r\n\r\n1. The Chairman and members of the Board of Directors.\r\n\r\n2. The top five executives who received the highest compensation and remuneration from the company; the CEO and the CFO shall be included if they were not among the top five.\r\n\r\nFor the purposes of this paragraph, “remunerations and compensations” shall mean salaries, allowances, profits and any of the same; annual and periodical performance-related bonuses; short or long-term incentive schemes; and any other rights in rem” <sup>2 </sup>.\r\n\r\nFor the purpose of the above, the Board of Directors is also required to establish a committee to be named “Nomination and Remuneration Committee”. Based on CMA resolution No. (1-10-2010) dated 30/03/1431H. (corresponding to 16/03/2010G.), the provisions of Article 15 of the CGR in connection with the appointment of the Nomination and Remuneration Committee, its duties and responsibilities shall be mandatory on all listed companies effective from 01/01/2010G.\r\n\r\nFurther, in order to foster transparency in the Saudi Capital Market and to develop standards of Corporate Governance, the CMA, by its decision No. (1-20-2008) dated 14/5/1429H. (corresponding to 19/5/2008G.), endorsed an amendment to Clause (a) of Article 18 of the CGR to read “A Board member shall not, without prior authorization from the General Assembly, which must be renewed each year, have any interest (whether directly or indirectly) in the company’s business and contracts. The activities to be performed through general bidding shall constitute an exception where a Board member is the best bidder. A Board member shall notify the Board of Directors of any personal interest he/she may have in the business and contracts that are completed for the company’s account. Such notification shall be entered in the minutes of the meeting. A Board member who is an interested party shall not be entitled to vote on the resolution to be adopted in this regard neither in the General Assembly nor in the Board of Directors. The Chairman of the Board of Directors shall notify the General Assembly, when convened, of the activities and contracts in respect of which a Board member may have a personal interest and shall attach to such notification a special report prepared by the company’s auditor”.\r\n\r\nThese steps would help protect the rights, investments and savings of the company, the investors and the shareholders. However, this is only a small step and there is need for completely overhauling the system to develop the corporate sector, in particular, and to ensure effective Corporate Governance in KSA.\r\n\r\n<strong>Saudi Law</strong>\r\nSaudi Arabia is a religious country governed by Islamic Law (Shariah). Under Shariah law, a government may issue regulations provided that these do not conflict with established principles of the Shariah. Therefore, all legislation is intended to supplement Shariah law and must adhere to its principles.\r\n\r\nThe Islamic guiding principles of accountability, trust, fairness and transparency serve as strong motivations for the company directors in Saudi Arabia to ensure that they protect the interest of their shareholders and fulfil their duties and obligations within best of their abilities. On the other hand, there is need to implement these Islamic principles in terms of laws and regulations to ensure compliance. Since these principles are based on Islam and Shariah, they would gain widespread acceptance and compliance.\r\n\r\nThere is no published single comprehensive code of Corporate Governance in Saudi Arabia, although there is a code issued by the CMA which the companies are advised to follow. Nevertheless, the enforcement of this code is yet lacking in terms of putting strict compliance requirements <sup>3 </sup>.\r\n\r\n-    The Companies Law, and its subsequent amendments, covers the rules for the formation and operation of business entities in Saudi Arabia. The Saudi Companies Law lays down the basic duties and responsibilities of the Directors individually and their collective duties as Board of Directors.\r\n\r\n-    Corporate Governance Regulations: these relate to the management of joint stock companies listed on the Saudi Stock Exchange “Tadawul” to ensure their compliance with best governance practices that ensure the protection of shareholder rights.\r\n\r\n-   Capital Market Law: provides general rules covering a variety of areas, including but not limited to, establishment of the CMA and the Saudi Stock Exchange, issuance and trading of securities, manipulation and insider trading, sanctions and penalties for violations of this law and its implementing regulations.\r\n\r\n<strong>Directors Duties in the Kingdom</strong>\r\nBoard of Directors is a key element of the governance mechanism of any company. The directors are regarded as persons with the information, the will and the power to act, within a corporation to protect shareholders and stakeholders alike. Therefore, their role is very important and crucial in the development of an effective corporate governance framework in any jurisdiction.\r\n\r\nIn addition to any obligations arising out of Shariah principles, the Directors’ general duties and liabilities include the following:\r\n\r\n<strong>a. Duty to avoid Conflict of Interests <sup>4 </sup>:</strong> A director may not have an interest whether directly or indirectly, in any transactions or contracts made for the account of the company, except with an authorisation from the General  Assembly, to be renewed annually.\r\n\r\nb. A director owes the duty of disclosure of personal interest to the board in any transaction made for the account of the company and such interested Director shall refrain from voting on the resolution to be adopted in this respect.\r\n\r\nc. The Chairman of the Board of Directors is required to communicate to the General Assembly when it convenes the transaction and contracts in which any director has a personal interest. Such communication shall be accompanied by a special report from the company’s auditor.\r\n\r\n<strong>d. Duty not to participate in Competing Business <sup>5 </sup>:</strong> A director may not, without authorisation from the General Assembly meeting, participate in any business competing with that of the company, or engage in any of the commercial activities carried on by the company, otherwise the company has the right either to claim damages from him or to consider the operations he has conducted for his own account as having been conducted for the account of the company.\r\n\r\n<strong>e. Duty not to take loan <sup>6 </sup>:</strong> A corporation may not grant any cash loan whatsoever to any of its directors, nor may it guarantee any loan contracted by a Director with a third party. Banks and other credit companies shall be excepted from this provision, for these may, within the limits of their objects and under the same terms and conditions as they apply to their transactions with the public, grant loans to or open credits for their Directors or guarantee loans contracted by them with third parties. Any contract concluded in violation of this rule is considered null and void.\r\n\r\n<strong>f. Duty to keep Confidentiality:</strong> A director owes the duty of confidentiality and must not disclose any information to the shareholders outside a general meeting as may have come to his knowledge by reason of his position as a director <sup>7 </sup>.\r\n\r\n<strong>g. Duty to adhere to core Ethical Values <sup>8 </sup>:</strong> A director must carry out his duties in a responsible manner, in good faith and with due diligence and he represents all shareholders and not just a group of shareholders.\r\n\r\n<strong>h. Duty to be accountable <sup>9 </sup>:</strong> Directors are jointly responsible for damages to the company or its shareholders or third parties, arising from their misadministration of the company’s affairs or their violation of the provisions of the Companies Law or of the company’s memorandum of association or by-laws.  Joint liability arises in case of a wrongful act arising from a resolution adopted by a unanimous vote, but where resolution is adopted by a majority vote and dissenting directors objection is expressly recorded in the minutes, a dissenting director is not liable. Absence from the meeting at which such resolution is adopted shall not constitute cause for relief from liability, unless it is established that the absentee was not aware of the resolution, or, on becoming aware of it, was unable to object to it. The company may institute an action in liability against its directors for wrongful act: that cause prejudice to the body of stockholders. The resolution to institute this action shall be made by the Ordinary General Assembly meeting, which shall appoint a person (or persons) to pursue the case on behalf of the company. If the company is adjudged bankrupt, the institution of this action shall rest with the receiver, and upon the dissolution of the company, the liquidator shall institute and pursue the case after obtaining the approval of the regular General Assembly meeting <sup>10 </sup>.\r\n\r\nExcept in cases of fraud and forgery, the right of instituting the action in liability vested in the company shall be extinguished by the Ordinary General Assembly meeting exonerating the Board of Directors from responsibility for its administration. In all cases, such action shall be barred after the lapse of one year from the date of such exoneration <sup>11 </sup>.\r\n\r\n<strong>i. Duty to Act within Powers <sup>12 </sup>: </strong>Under the law the Board of Directors enjoy full powers in the administration of the company. It is entitled within the scope of its competence, to delegate one or more of its members or others to perform an act or certain acts. Nevertheless, the Board of Directors may not contract loans for terms exceeding three years, or sell or mortgage the real property or the place of business of the company, or release the debtors of the company from their liabilities, unless it is authorized to do so by the company’s articles of association and by-laws. If the company’s by-laws and articles of association do not contain any provisions to this respect, the Board may perform the above acts only with an authorization from the General Assembly meeting, unless such act fall by virtue of their nature within the scope of the company’s objects.\r\n\r\n<strong>j. Duty to submit annual report <sup>13 </sup>:</strong> The Directors have the duty to submit report to the Ordinary General Assembly meeting. It must include a comprehensive statement of all the amounts received by directors during the financial year in the way of emoluments, share in the profits, attendance fees, expenses, and other benefits, as well as of all the amounts received by the directors in their capacity as officers or executives of the company, or in consideration of technical, administrative, or advisory services.\r\n\r\n<strong>k. Accountability towards Shareholders:</strong> Under the law every stockholder shall have the right to institute the action in liability against Directors on behalf of the company if the wrongful act committed by them is of a nature to cause him personal prejudice. However, the stockholder may institute such action only if the company’s right to institute it is still valid and after notifying the company of his intention to do so. lf a stockholder institutes such action, he shall be adjudged (compensation) only to the extent of the prejudice caused to him <sup>14 </sup>.\r\n\r\nPenalties for breach of directors duties or abuse of position are severe and include:\r\n\r\n<strong>1.</strong> liability to company, to its shareholders and to third parties; and\r\n\r\n<strong>2.</strong> imprisonment for a maximum of five (5) year; and\r\n\r\n<strong>3.</strong> a fine of between Saudi Riyals ten thousand and one hundred thousand (SAR 10,000 and SAR 100,000).\r\n\r\n<sup>1 </sup>Issued by the Board of Capital Market Authority pursuant to Resolution No. (1/212/2006) dated 21/10/1427H. (corresponding to 12/11/2006G.) based on the Capital Market Law issued by Royal Decree No M/30 dated 2/06/1424H. (corresponding to 31/07/2003G. )\r\n\r\n<sup>2 </sup>As amended by CMA Resolution No.(1-1-2009) dated 8/1/1430H (corresponding to 5/1/2009 G.)\r\n\r\n<sup>3 </sup>In its annual report dated 2008, the CMA stated that it will create an independent department to monitor compliance of listed companies with the corporate governance regulations. According to the CMA annual report of 2009, 6 companies failed to comply in 2009 with disclosure in their board of directors’ reports for the preceding year, in accordance with the requirements of the “Corporate Governance Regulations”, as compared with 11 companies in 2008.\r\n\r\n<sup>4 </sup>Article 69 of the Companies Law and Article 18 of CGR.\r\n\r\n<sup>5 </sup>Article 70 of the Companies Law and Article 18 of CGR.\r\n\r\n<sup>6 </sup>Article 71 of the Companies and Article 18 of CGR\r\n\r\n<sup>7 </sup>Article 72 of the Companies Law and\r\n\r\n<sup>8 </sup>Article 11 of CGR\r\n\r\n<sup>9 </sup>Article 76 of the Companies Law\r\n\r\n<sup>10 </sup>Article 77 of the Companies Law\r\n\r\n<sup>11 </sup>Ibid\r\n\r\n<sup>12 </sup>Article 73 of the Companies Law and Article 11 (h) of CGR.\r\n\r\n<sup>13 </sup>Article 9 of CGR\r\n\r\n<sup>14 </sup>Article 78 of the Companies Law'),
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	(79142,4314,'content_description','There have been various developments recently in Saudi Arabia towards increasing the effectiveness of the Corporate Governance framework.'),
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	(79144,4314,'pageSummary','There have been various developments recently in Saudi Arabia towards increasing the effectiveness of the Corporate Governance framework.'),
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	(79148,4314,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Fadi Dahar'),
	(79149,4314,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(79150,4314,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','f.dahar@tamimi.com'),
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	(79156,4314,'_yoast_wpseo_metadesc','There have been various developments recently in Saudi Arabia towards increasing the effectiveness of the Corporate Governance framework.'),
	(79157,4315,'content','April 2011\r\n\r\n<hr />\r\n\r\nAs of February 2011, Sharjah Department of Economic Development (“SDED”) has established a new Intellectual Property Rights Protection Department (“IPRD”) in a show of commitment to the enforcement of IP rights in Sharjah in a more organised and streamlined manner.\r\n\r\nSharjah is one of the seven emirates forming the federation of the United Arab Emirates and its Department of Economic Development is the governmental authority charged with powers of enforcement of IP rights.\r\n\r\nPreviously, complainants seeking to file complaints against IP infringements had to pursue their complaints through the Complaints and Dispute section, a part of the Legal Affairs department of the SDED, and raids would be conducted through them. The creation of the IPRD means that complainants can now route their complaints directly to the IPRD, which acts as a one stop shop for conducting raid action against infringers in the emirate of Sharjah.\r\n\r\nThis important development is a boon to trademark proprietors in the combat against counterfeits as it demonstrates a consolidated and focused approach taken by the UAE government at the emirate level to win the war against IP infringements. With the IPRD entrenched as part of the government’s artillery in IP enforcement, it is expected that it will provide a platform for the launch of public awareness programs on IP rights and its enforcement as well for facilitating engagement with other public authorities such as the Police as well as the private sector.'),
	(193545,4315,'core_values',''),
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	(79161,4315,'content_description','As of February 2011, Sharjah Department of Economic Development (“SDED”) has established a new Intellectual Property Rights Protection Department (“IPRD”) in a show of commitment to the enforcement of IP rights in Sharjah in a more organised and streamlined manner.'),
	(79162,4315,'_content_description','field_59b641c07f473'),
	(79163,4315,'pageSummary','As of February 2011, Sharjah Department of Economic Development (“SDED”) has established a new Intellectual Property Rights Protection Department (“IPRD”) in a show of commitment to the enforcement of IP rights in Sharjah in a more organised and streamlined manner.'),
	(79164,4315,'_pageSummary','field_59e59b307dec8'),
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	(79175,4315,'_yoast_wpseo_metadesc','As of February 2011, Sharjah Department of Economic Development (“SDED”) has established a new Intellectual Property Rights Protection Department (“IPRD”) in a show of commitment to the enforcement of IP rights in Sharjah in a more organised and streamlined manner.'),
	(79176,4316,'content','April 2011\r\n\r\n<hr />\r\n\r\nThe Banking and Finance team at Al Tamimi and Company have been at the forefront of the banking and finance sector in the Middle East and as a result have earned a strong reputation as leaders in this area of practice.\r\n\r\nOur practice advises lenders and borrowers on all aspects of structuring, negotiating and documenting finance transactions. We represent local and international banks and financial institutions in both conventional and Islamic transactions.\r\n\r\nWe have extensive experience working for international law firms and financial institutions in the Middle East and our lawyers are fully conversant with all aspects of banking and finance law in the region.\r\n\r\n<strong>Lead by partners Husam Hourani, Lynette Brown and Jody Waugh, our team of 16 lawyers is perfectly positioned to provide advice across the spectrum including:</strong>\r\n<ul>\r\n 	<li>Islamic finance</li>\r\n</ul>\r\nStrong Islamic finance practice acting for a majority of the Islamic finance institutions operating in the UAE, ranging from establishment and licensing of those institutions through to structuring and documentation. Recently this also included assisting with some of the first Islamic home finance documentation for use in the Kingdom of Saudi Arabia.\r\n<ul>\r\n 	<li>Banking litigation and enforcement</li>\r\n</ul>\r\nAt the forefront of banking litigation and enforcement in the UAE, having obtained numerous judgments for the enforcement of corporate and retail finance documents and related security. Recently this has included obtaining many judgments for enforcement of mortgages in Dubai, together with leading the field in Islamic finance enforcement.\r\n<ul>\r\n 	<li>Derivatives</li>\r\n</ul>\r\nWe advise banks and corporates in relation to ISDA documentation and enforceability under UAE law.  We have also been involved in assisting banks develop Shariah compliant hedging products for their customers.\r\n<ul>\r\n 	<li>Investment funds and structures</li>\r\n</ul>\r\nWe recently assisted a client establish the first Real Estate Investment Trust in the DIFC and regularly advise on both UAE and DIFC collective investment funds.\r\n<ul>\r\n 	<li>Ship, aircraft and asset financing</li>\r\n</ul>\r\nRegularly advise our clients on vessel and aircraft acquisition financing transactions. We also advise our clients, including Caterpillar, in connection with the financing of mobile and fixed cranes as well as power generation and large earth moving equipment.\r\n<ul>\r\n 	<li>Real estate financing</li>\r\n</ul>\r\nActive in development finance which has included the financing of the Mirdiff Mall, Al Ghurair Shopping Centre, Palazzo Versace Hotel and Residences and the Ramada Chelsea Hotel.\r\n<ul>\r\n 	<li>Trade and export financing</li>\r\n</ul>\r\nRegularly advise our clients in connection with various trade finance credit facilities, including export letters of credit, bank guarantees, buyers credit, trust receipt structures, bill discounting and factoring. This also includes documentation for the structured endorsement and avalisation of promissory notes and bills of exchange.\r\n<ul>\r\n 	<li>Project finance</li>\r\n</ul>\r\nInvolved in financing of projects and infrastructure within the UAE. More recently this has included the Dolphin pipeline refinancing, Yahsat satellite project, Shams solar power plant and the expansion of the port of Fujairah.\r\n\r\nWe have also advised lenders in relation to the Dubai Metro Project, Formula One race track project in Abu Dhabi and the Burj Khalifa project.\r\n<ul>\r\n 	<li>Incorporation and licensing of financial institutions</li>\r\n</ul>\r\nDominant regulatory practice which has included the conversion of Dubai Bank to an Islamic institution, establishment of Noor Islamic Bank, Abu Dhabi Commercial Islamic Finance Company, Al Mal Capital and Gulf Capital. We also have a substantial presence in the DIFC, having assisted over 80 entities with their set up and licensing within the DIFC.\r\n\r\nFor more information please contact:\r\n\r\nHusam Hourani\r\nManaging Partenr &amp; Head of Banking &amp; Finance\r\np: +971 4 3641517\r\nE: <a href=\"mailto:h.hourani@tamimi.com\">h.hourani@tamimi.com</a>\r\n\r\nLynette Brown\r\nPartner\r\np: +971 4 3641573\r\nE: <a href=\"mailto:l.brown@tamimi.com\">l.brown@tamimi.com</a>\r\n\r\nJody Glenn Waugh\r\nPartner\r\nP: +971 4 3641657\r\nE: <a href=\"mailto:j.waugh@tamimi.com\">j.waugh@tamimi.com</a>'),
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	(79180,4316,'content_description','The Banking and Finance team at Al Tamimi and Company have been at the forefront of the banking and finance sector in the Middle East and as a result have earned a strong reputation as leaders in this area of practice.'),
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	(79182,4316,'pageSummary','The Banking and Finance team at Al Tamimi and Company have been at the forefront of the banking and finance sector in the Middle East and as a result have earned a strong reputation as leaders in this area of practice.'),
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	(79184,4316,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/april-6/in-focus-banking-finance.html'),
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	(79190,4316,'_yoast_wpseo_metadesc','The Banking and Finance team at Al Tamimi and Company have been at the forefront of the banking and finance sector in the Middle East and as a result have earned a strong reputation as leaders in this area of practice.'),
	(79191,4317,'content','April 2011\r\n\r\n<hr />\r\n\r\n<strong>Summary</strong>\r\nIn an action initially filed before Dubai Court of First Instance, the Court of Cassation ultimately held that in accordance with Article 13 of Law No.13 of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai an action can be initiated before the Dubai Court against the developer or the broker, who has committed an act or omission constituting an offence under either Law No. 13 of 2008 or other legislation in force, prior to having recourse to RERA’s General Director.\r\n\r\n<strong>Claim</strong>\r\nA property action was filed by the purchaser (the Claimant) against the developer (the First Defendant) and the Broker (the Second Defendant) (together the Defendants). The Claimant submitted that the Second Defendant (although not registered in the Brokers’ register) offered  him the opportunity to purchase several units owned by the First Defendant. As a result, the Claimant purchased several units in several projects (which were still under construction) and paid several installments to the First Defendant. The Claimant submitted that both Defendants failed to provide him with the booking form, schedule of payment or the SPA of any units purchased earlier. In light of this the Claimant requested the Court to direct both Defendants to pay him jointly the amount of AED 4,570,441.40.\r\n\r\n<strong>The Court of First Instance</strong>\r\nThe Court of First Instance accepted the claim and ruled in favour of the Claimant. The SPA’s concluded between parties were cancelled and the Defendants were ordered to pay jointly the Claimant the amount of AED 4,570,441.40. Consequently both Defendants appealed the judgment.\r\n\r\n<strong>The Court of Appeal</strong>\r\nThe Court of Appeal overturned the Court of First Instance’s decision and dismissed the case on the basis it had been initiated prematurely. Consequently, the Claimant appealed to the Court of Cassation.\r\n\r\n<strong>The Court of Cassation</strong>\r\nThe Claimant argued that the court of Appeal had erred in its decision to dismiss the case based on premature filing. The Claimant further argued that the Dubai Land Department was the authority with competence to assess acts or omissions committed by the broker or the developer.\r\n\r\nThe Claimant submitted that his action was based on the fact that both Defendants received the amount of AED 4,570,441.40 from him without having concluded any contract; therefore, the Dubai Land Department had no connection to the matter.\r\n\r\n<strong>Article 13 of Law 2008 prescribes as follows:</strong>\r\n“When the Department finds that a developer or Broker has committed an act or omission that constitutes an offence under this Law or other legislation in force, the Director General shall prepare a report and refer the matter to the competent investigating authorities.”\r\n\r\nThe Court interpreted this article to mean that there is no provision in the law that imposes an obligation on the purchaser to have received the report from the Dubai Land Department prior to proceeding with the filing of a case before the Dubai Court.\r\n\r\nFinally, the Court concluded that filing a case before the Dubai Court without first having recourse to RERA’s Director General in order to solicit the report (that shall, at a later stage, be provided to the investigating authorities) will not preclude the Court from exercising jurisdiction over the case.'),
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	(79195,4317,'content_description','Summary: In an action initially filed before Dubai Court of First Instance, the Court of Cassation ultimately held that in accordance with Article 13 of Law No.13 of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai an action can be initiated before the Dubai Court against the developer or the broker, who has committed an act or omission constituting an offence under either Law No. 13 of 2008 or other legislation in force, prior to having recourse to RERA’s General Director.'),
	(79196,4317,'_content_description','field_59b641c07f473'),
	(79197,4317,'pageSummary','Summary: In an action initially filed before Dubai Court of First Instance, the Court of Cassation ultimately held that in accordance with Article 13 of Law No.13 of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai an action can be initiated before the Dubai Court against the developer or the broker, who has committed an act or omission constituting an offence under either Law No. 13 of 2008 or other legislation in force, prior to having recourse to RERA’s General Director.'),
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	(79209,4317,'_yoast_wpseo_metadesc','Summary: In an action initially filed before Dubai Court of First Instance, the Court of Cassation ultimately held that in accordance with Article 13 of Law No.13 of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai an action can be initiated before the Dubai Court against the developer or the broker, who has committed an act or omission constituting an offence under either Law No. 13 of 2008 or other legislation in force, prior to having recourse to RERA’s General Director.'),
	(79210,4318,'content','April 2011\r\n\r\n<hr />\r\n\r\nOver the last few years, a significant number of commercial and office towers have been constructed in Dubai. The majority of those buildings have been strata-titled to allow for separate ownership of units within the buildings pursuant to Law No. 27 of 2007 Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai (the “JOP Law”). This has enabled many investors to own high-quality commercial property that is attractive to tenants.\r\n\r\nHowever, ownership of a strata unit places additional obligations on an owner, which may create additional risks for the owner when leasing its unit. The owner should therefore be familiar with the requirements of the JOP Law and the Directions published pursuant to the JOP Law on 13 April 2010 (the “Directions”), and it should take these requirements into consideration when preparing its leasing documentation and when dealing with its tenant and the relevant Owners’ Association. This article sets out some of the matters which an owner should consider when leasing its unit.\r\n\r\n<strong>Notification of Tenant’s Details</strong>\r\nUpon leasing, sub-leasing or granting usufruct rights in relation to a strata unit, an owner is required to give written notice, which has been countersigned by the tenant or its agent, to the Owners’ Association.  The notice must provide details of:\r\n<ul>\r\n 	<li>the unit number and address;</li>\r\n 	<li>the owner’s name and any new registered address for the owner (if the owner’s address has changed);</li>\r\n 	<li>the nature of the dealing (e.g. lease);</li>\r\n 	<li>the tenant’s name and registered address, mobile telephone contact number and facsimile number or email address; and</li>\r\n 	<li>if a broker will be managing the unit on behalf of the owner, the name and contact details (including facsimile number and email address) of the broker.</li>\r\n</ul>\r\nIt is important for the Owners’ Association to have a record of the tenant’s details so that it can contact the tenant directly in relation to any matters pertaining to the unit (for example, to gain access to the unit) or the tenant’s use of the common areas. We therefore recommend that the lease includes a clause which requires the tenant to notify the Owners’ Association of any change in its contact details.\r\n\r\n<strong>Compliance Requirements</strong>\r\nThe JOP Law and Directions require all owners and occupiers of strata units to comply with the Association Constitution, Jointly Owned Property Declaration, Community Rules and Master Community Declaration for the strata scheme(s) which the unit forms part of, including any higher scheme, (the “JOP Documents”). Owners and occupiers of units must also ensure that their guests and visitors observe the Community Rules.\r\n\r\nA unit owner should provide copies of the JOP Documents to its tenant.  Ideally, the documents should be provided before the tenant signs a lease of the unit so that the tenant is aware of all of its obligations before it enters into the lease.\r\n\r\nWe recommend that the lease includes a clause which requires the tenant to comply with the JOP Law, Directions and JOP Documents (insofar as they are applicable to an occupier of a unit).  Although the tenant’s obligations to comply are contained in the JOP Law and Directions, including this in a clause in the lease may give the landlord additional enforcement rights for breach of lease if the tenant does not comply.\r\n\r\n<strong>Breach </strong>\r\nIf the tenant breaches the JOP Law, Directions or JOP Documents or causes the owner to breach any of these, the owner should be able to take action against the tenant to recover any penalties, costs or damages which the owner has incurred as a result of the tenant’s breach.\r\n\r\nThis is particularly important if the lease requires the tenant to pay service charges or any other charges levied against the owner by the Owners’ Association. The JOP Law grants the Owners’ Association a lien, which is a form of security interest, over each unit for unpaid service charges and any other obligations levied against the unit owner in accordance with the JOP Law or the Association Constitution. This allows the Owners’ Association to obtain an execution order from the Court to sell the unit by public auction to recover the outstanding amounts.\r\n\r\nFurther, the Owners’ Association is entitled to impose a penalty at the rate of 12% per annum on any owner who fails to pay a service charge or utility charge by the due date. The Owners’ Association may also claim its costs incurred in recovering outstanding service charges or utility charges from the owner.\r\n\r\nTherefore, if the lease requires the tenant to pay the service charges, utility charges or any other charges levied by the Owners’ Association, we recommend that the lease requires the tenant to pay the relevant amount by the due date set by the Owners’ Association. The lease should also include a clause which requires the tenant to immediately reimburse the owner for any penalties, costs or damages which it incurs as a result of the tenant’s failure to pay the relevant charges by the due date or the tenant’s breach of the JOP Law, Directions or JOP Documents.\r\n\r\nThe owner must also ensure that it does not permit the tenant to perform, or omit to perform, an act that would cause a breach of the JOP Law, Directions or JOP Documents. For example, Article 22(1) of the JOP Law states that a unit owner may not make any alterations or modifications to the structure or external appearance of its unit or any part of the jointly owned property that would materially affect the unit or the jointly owned property or its external appearance. If the owner allows the tenant to make any such alterations or modifications, this will place the owner in breach of the JOP Law. The owner will then be liable to repair the resulting damage at its own cost or, if the Owners’ Association repairs the damage, to pay the Owners’ Association’s costs in accordance with Article 22(2) of the JOP Law.\r\n\r\n<strong>Enforcement Notices</strong>\r\nThe Owners’ Association Board has the power to issue a Community Rules Enforcement Notice to an owner or occupier whom it considers to be in breach of the Community Rules.  If the owner or occupier fails to comply with the Community Rules Enforcement Notice, the Owners’ Association Board may impose a penalty in an amount up to AED 2,000.00 on the owner or occupier.\r\n\r\nWe recommend that the lease requires the tenant to comply with any Community Rules Enforcement Notice issued by the Owners’ Association Board in relation to the tenant’s breach of the Community Rules. The tenant should be obliged to comply within the timeframe set out in the notice. If the tenant fails to comply with the notice, the owner will have the right to take action against the tenant for breach of the lease.\r\n\r\n<strong>Voting Rights</strong>\r\nThe owner must keep in mind its obligations under the lease when exercising its voting rights in relation to the jointly owned property. In this respect, the owner should refrain from voting in favour of a proposal which would adversely affect the tenant’s occupation and use of the unit or which would place the owner in breach of the lease. For example, if the lease grants the tenant the right to use a parking bay in the building 24 hours a day, the owner may be in breach of the lease if it votes in favour of a motion to restrict access to the building car park during particular hours.\r\n\r\n<strong>Use of Common Areas</strong>\r\nMost unit owners do not have sufficient voting entitlements to effectively control the management or maintenance of the common areas of the building, and therefore cannot guarantee to their tenants that the common areas will be managed or maintained in a particular way or to a certain standard.  If the lease contains an obligation in relation to particular maintenance matters which the owner cannot control (e.g. the frequency of external window cleaning) and that obligation is not performed by the responsible party, the owner may be in breach of the lease.  For this reason, the lease should be carefully drafted to ensure that the owner does not agree to an obligation in relation to the common areas which it cannot fulfil or which it cannot compel another party to fulfil.\r\n\r\nWe also recommend that an owner makes it clear in the lease that the owner is not responsible for the management and maintenance of the common areas and that the owner makes no representations or warranties about the same.  Further, the lease should state that the tenant’s use of the common areas is subject to the tenant’s compliance with the JOP Law, Directions and JOP Documents and any limitations imposed by the Owners’ Association.\r\n\r\n<strong>Special Charges</strong>\r\nThe Owners’ Association Board is entitled to impose a special service charge on owners from time to time in relation to any expenditure which was not included in the annual budget for the building and not reasonably anticipated when the budget was prepared. If the owner wishes to pass the obligation to pay a special service charge on to its tenant, we recommend that the lease contains a clause which requires the tenant to pay any special service charges as and when levied by the Owners’ Association Board.\r\n\r\n<strong>Insurance</strong>\r\nThe Directions require the Owners’ Association to insure the building (including the units and common areas) for its full replacement value under a comprehensive insurance policy against damage or destruction by explosion, fire, lightening, storm, tempest and water.  However, this does not extend to insuring within a unit:\r\n<ul>\r\n 	<li>temporary walls, floors and ceilings;</li>\r\n 	<li>fixtures which are removable by a tenant at the end of a lease;</li>\r\n 	<li>mobile or fixed air conditioning units which service a particular unit;</li>\r\n 	<li>curtains, blinds or other external window coverings; and</li>\r\n 	<li>mobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.</li>\r\n</ul>\r\nThe Directions state that an owner or occupier of a unit is responsible for insuring their own property or interest to the extent that they are not covered by the Owners’ Association’s insurance policies.  Therefore, the owner should insure any items which are not covered by the building insurance policy or include a clause in the lease which requires the tenant to take out the appropriate insurance.\r\n\r\nIf the way in which an owner or occupier uses a unit causes the insurance premium payable by the Owners’ Association to be increased, the Owners’ Association is entitled recover the amount of the increased premium from the owner. If the increase is caused by the tenant’s use of the unit, the owner should be able to recover the amount from the tenant. We therefore recommend that the lease contains a clause which gives the owner the right to recover from the tenant any increase in insurance premiums which the Owners’ Association or the owner incurs as a result of the tenant’s use of the unit or require the tenant to pay the amount directly to the Owners’ Association.\r\n\r\n<strong>Damage or Destruction of Building</strong>\r\nIf the building or any part of the building is destroyed or damaged, it is unlikely that the owner will have any control over the reinstatement of the building or repair of any damage (apart from exercising any voting rights), as this will be the responsibility of the Owners’ Association.  Therefore, the owner should ensure that the lease does not contain any warranties in relation to reinstatement or repair of damage to the building.  It would also be prudent to include a provision in the lease which excludes the owner from liability for any damage, loss or inconvenience suffered by the tenant due to the destruction or damage or due to any delay in rebuilding, reconstructing, or restoring the building or the Owners’ Association’s refusal to do so.\r\n\r\n<strong>Conclusion</strong>\r\nWhen leasing a strata unit, an owner must take into consideration its rights and obligations under the JOP Law and Directions. The lease should be carefully drafted to ensure that any additional risks arising from the fact that the unit forms part of jointly owned property are minimised.'),
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	(79214,4318,'content_description','Over the last few years, a significant number of commercial and office towers have been constructed in Dubai.'),
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	(79216,4318,'pageSummary','Over the last few years, a significant number of commercial and office towers have been constructed in Dubai.'),
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	(79218,4318,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/april-6/leasing-a-strata-unit-in-dubai-additional-considerations-for-landlords.html'),
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	(79220,4318,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Sonia Harvey'),
	(79221,4318,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(79222,4318,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','s.harvey@tamimi.com'),
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	(79228,4318,'_yoast_wpseo_metadesc','Over the last few years, a significant number of commercial and office towers have been constructed in Dubai.'),
	(79229,4319,'content','April 2011\r\n\r\n<hr />\r\n\r\nOn 23 February 2011, the General Civil Aviation Authority (GCAA) released a Notice of Proposed Amendment (No. 2 of 2011) in relation to the regulations concerning foreign air operators within the United Arab Emirates (UAE). The replaces the Notice on the same topic, issued in February 2010.\r\n\r\nThe amendments rely upon Article 1 of the Chicago Convention which sets out that contracting states shall have complete sovereignty over the airspace above its territory.  As such, a foreign air operator must comply with the Civil Aviation Law and Regulations of the UAE when operating within its territory.\r\n\r\nThe proposed amendment to the regulations insist that a foreign air operator operating into and out of UAE certified aerodromes, will not only have to comply with the terms and conditions of its State’s Air Operator Certificate (AOC), but shall also have to obtain a Foreign Air Operator Certificate (FAOC) issued by the GCAA with conditions and limitations as may be applicable.\r\n\r\nThe proposed changes to the regulations conform with the International Civil Aviation Organisation (ICAO) “Manual of Procedures for Operations, Inspections, Certification and Continued Surveillance” of Air Operators (DOC 8335) which was developed in order to allow signatory States to address specific safety concerns of foreign aircraft operating within their territory and take any necessary action.  The above mentioned manual was developed as part of the ICAO’s strategy to address safety concerns resulting from operators obtaining flags of convenience from States with inadequate safety oversight.\r\n\r\nThe proposed amendment to the UAE regulations <sup>1 </sup>also give the GCAA the authority to board foreign aircraft within the UAE at any time, without notice, for the purpose of inspecting the aircraft, its documents and manuals (as provided in the Safety Assessment of Foreign Aircraft (SAFA) program) to ensure compliance with the regulations, ICAO Annexes and minimum insurance requirements.\r\n\r\nThe GCAA shall only recognize documentation (such as AOCs, licenses, certificates etc.) from other Contracting States. Differences filed by contracting states, that do not conform to UAE law, regulation, operational directives or instructions issued by the GCAA, will not be accepted.  Non contracting States may still submit an application for a FAOC which will be determined by the GCAA on a case-by-case basis, presumably upon ensuring its compatibility with UAE laws, regulations and directives.  When evaluating the applications for a FAOC, the GCAA will, in the case of negative findings or deficiencies, discuss these with the State of the Operator seeking resolution prior to granting approval of a FAOC. In cases of significant negative findings or deficiencies, a FAOC will be denied.\r\n\r\nAn FAOC will be valid for two years unless suspended or revoked, or the Operations Specifications issued by the operator’s State are suspended or revoked.  The FCAA can be renewed or amended provided that the operator meets all of the safety and regulatory requirements applicable. The GCAA may revoke or suspend the FAOC or take lesser enforcement action based upon the findings of a SAFA inspection/investigation.\r\n\r\nThe proposed regulations also specify that specific permission is required for the GCAA prior to issuing a FAOC where the operator proposes to partake in aerial work (such as sightseeing flights, aerial photography, air shows amongst other non-standard transport operations), and special operations (such as reduced vertical separation minimum, performance based navigation, extended range operations by aero planes with two turbine engines, carriage of dangerous goods and low visibility takeoff and Category II and Category III operations).\r\n\r\nThe draft regulations make it incumbent upon all foreign air operators to possess a copy of the Aeronautical Information Publication of the UAE and subscribe to the revision service of the Aeronautical Information Publication.  The nationality and registration of the aircraft must be displayed in a prominent position near the main entrance and all foreign operators must ensure that they have an Aircraft Operator Security Program (AOSP) which is accepted by the GCAA and carried in the flight deck library, prior to commencement of operations in the UAE. All personnel with responsibility for the aircraft must be familiar and compliant with the requirements of the UAE National Civil Aviation Security Program. Training programs must also be in place to deal with actions of unlawful interference and for cabin crew to provide pre-flight security checks to ensure weapons, explosives or other dangerous devices are not concealed in the cabin. Commercial air transport aircraft must have reinforced doors which are capable of being locked from the flight deck in order to prevent unauthorised access.\r\n\r\nIn keeping with the GCAA’s broader aviation regulations, the proposed regulations also state that foreign air operators shall not carry military weapons or munitions into or out of the UAE or within the airspace of the UAE, unless prior approval has been granted by the GCAA and the UAE military/national security authorities, in such cases detailed declarations of cargo need to be provided.\r\n\r\nThe foreign air operator must establish that it has procedures for reporting incidents and accidents to the GCAA.  It must also comply with the UAE’s regulations in respect of reporting requirements of incidents and accidents occurring within the territory of the UAE, which includes (where the aircraft has a flight recorder) the preservation of original recorded data of flight recorders for a period of sixty days unless otherwise directed by the investigation authority of the UAE.\r\n\r\nAlong with the proposed regulation “CAR-OPS 4” the GCAA has also released Notice of Proposed Amendment No.1 of 2011 on 2 January 2011, proposing to amend CAR Part X to come into line with ICAO requirements regarding “Safety Management System Manual” (Doc. 9859). This proposed re-issue of Part X clarifies the Organisations’ <sup>2 </sup>Safety Management System (SMS), providing more detailed guidelines for SMS application and acceptance, record keeping guidelines and other minor editorial/structural changes.\r\n\r\nThe new proposed regulations are a step closer to ensuring that all operators operating within the UAE territory comply with minimum safety requirements recognized internationally and comply with the UAE Civil Aviation Law, UAE regulations (including CAR-OPS 4) and all operational directives and instructions promulgated by the GCAA. The proposed regulations provide the GCAA with the authority to carry out checks on foreign aircraft within its territory, to ensure suitable safety measures have been implemented in compliance with the regulations. However, the specifics of the procedures that will be followed by the GCAA and relevant authorities to enforce these regulations, and the procedures that will be followed in the event of a dispute, are yet to be seen.\r\n\r\n<sup>1 </sup>The proposed regulations are to be found under Part IV of the Operational Regulations and will be named “CAR-OPS 4: Commercial and Non Commercial Air Transport Operations by Foreign Air Operators in the United Arab Emirates”\r\n<sup>2 </sup>“Organisation” means any organisation certified to provide aviation related services.'),
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	(79233,4319,'content_description','On 23 February 2011, the General Civil Aviation Authority (GCAA) released a Notice of Proposed Amendment (No. 2 of 2011) in relation to the regulations concerning foreign air operators within the United Arab Emirates (UAE). '),
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	(79235,4319,'pageSummary','On 23 February 2011, the General Civil Aviation Authority (GCAA) released a Notice of Proposed Amendment (No. 2 of 2011) in relation to the regulations concerning foreign air operators within the United Arab Emirates (UAE).'),
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	(79237,4319,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/april-6/planned-amendments-to-the-gcaa-regulations-for-commercial-and-non-commercial-air-transport-operation.html'),
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	(79239,4319,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Angelique Watkins'),
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	(79251,4319,'_yoast_wpseo_metadesc','On 23 February 2011, the General Civil Aviation Authority (GCAA) released a Notice of Proposed Amendment (No. 2 of 2011) in relation to the regulations concerning foreign air operators within the United Arab Emirates (UAE).'),
	(79252,4320,'content','April 2011\r\n\r\n<hr />\r\n\r\nThe Qatari Central Bank (the “QCB”), has recently announced its decision in relation to closing the “Islamic banking windows” of commercial banks. It is too early to foresee the impact of this decision on the Qatari banking sector and existing costumers of commercial banks which provide Islamic banking products. According to a memo issued by the QCB following its decision (the “Memo”), all commercial banks which have Islamic branches have been requested to stop opening new Islamic branches, accepting Islamic deposits and dispensing new Islamic finance operations. As for any current liabilities or ongoing finance operations, commercial banks may continue to manage them until the end of 2011. After that, any related asset of the bank must be managed in a special portfolio. The details of how these special portfolios will be subsequently managed in practice remain unclear.\r\n\r\nOnly few banks in Qatar are exclusively licensed to practice Islamic banking activities; the main three being Qatar Islamic Bank (QIB), Rayyan Bank and the International Bank of Qatar (IBQ Islamic). According to the Memo, the QCB’s rationale behind the decision relates to supervisory issues. These include the difficulty of effectively managing banking risks in a “combined” banking practice; the consistency of financial reporting considering the overlapping nature of Islamic and non Islamic activities; the complexity of applying unified capital adequacy standards; and the prejudice arising from the nature of competition between the banks and their transparency levels. From an internal QCB perspective, these issues have caused the QCB to face a number challenges relating to its ability to create liquidity, increase money supply and adopt certain monetary policies.\r\n\r\nAccording to local newspapers, the volume of Islamic banking activities of the commercial banks is estimated at around 20 percent of their overall banking activities in Qatar. Banks licensed under the Qatar Financial Centre (the “QFC”) are not covered by the decision. Also, we understand that the Governor of the QCB has decided to “reconsider” the decision following the reactions received from the commercial banks.\r\n\r\nIf the QCB persists in its decision, the banks will ultimately need to “liquidate” their Islamic banking activities, presumably through selling their portfolios to the remaining market competitors (Islamic banks). Whether or not QCB’s decision is fully implemented, it is a strong indicator of the intention to dissociate Islamic banking in Qatar from the standard international rules of conventional banking. The decision will reinforce the position of the existing Islamic banks but is likely to render Qatar less attractive for a number of commercial banks that endeavour to establish in Qatar.\r\n\r\nThe grip of conventional banking thus far, has caused Islamic banking to adapt to the conventional regulatory systems by modelling finance structures that fit in both banking worlds notwithstanding the particularities of Islamic banking. Clearly, the local regulator has decided to review its policies and adapt them to Islamic banking in Qatar. The decision is the first of its kind in the region and is probably driven by the desire to further control both banking sectors in an effective way given the increasing demand on Islamic banking. However, it can also be seen as an innovative opportunity for the QCB to implement a vision which will enhance the Islamic banking expansion provided that the right legal instruments are used to minimise negative impacts on the commercial banks and their customers.'),
	(193386,4320,'core_values',''),
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	(79253,4320,'_content','field_59b649b5c8b2b'),
	(79254,4320,'lawUpdateArticleMonth','4308'),
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	(79256,4320,'content_description','The Qatari Central Bank (the “QCB”), has recently announced its decision in relation to closing the “Islamic banking windows” of commercial banks.'),
	(79257,4320,'_content_description','field_59b641c07f473'),
	(79258,4320,'pageSummary','April 2011\r\n\r\n<hr />\r\n\r\nThe Qatari Central Bank (the “QCB”), has recently announced its decision in relation to closing the “Islamic banking windows” of commercial banks.'),
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	(79270,4320,'_yoast_wpseo_metadesc','The Qatari Central Bank (the “QCB”), has recently announced its decision in relation to closing the “Islamic banking windows” of commercial banks.'),
	(79271,4321,'content','April 2011\r\n\r\n<hr />\r\n\r\nIn September 2009, H.H Mohammad Bin Rashid Al Maktoum, the Vice President of the UAE and Ruler of Dubai issued Law No. 16 of 2009 – “Establishing the Centre for Amicable Settlement of Disputes”. The Law became effective from the day of promulgation and publication in the official gazette; however it took some time before the Centre became operational. The Law applies to certain disputes under the jurisdiction of the Courts of Dubai. Subject matter jurisdiction of the DIFC Courts is excluded.\r\n\r\nOn 1 February 2011, the Chairman of Dubai Court issued Decision No. 9 of 2011 regarding the “Jurisdiction of the Centre for the Amicable Settlement of Disputes” and Decision No. 10/2011 “Promulgating the Procedures of the Centre”.\r\n\r\nDecision No. 9 of 2011 clearly sets out the types of disputes falling under the jurisdiction of the Centre as well as those which are excluded.\r\n\r\n<strong>Article 1 of Decision No. 9 of 2011 stipulates that the Centre shall have jurisdiction to oversee the following matters:</strong>\r\n\r\n1. Disputes involving the division of common property;\r\n\r\n2. Disputes involving a principal debt of up to AED 20,000;\r\n\r\n3. Disputes where the parties agree to submit to the Centre.\r\n\r\n<strong>The Matters excluded from the Centre’s jurisdiction are as follows: </strong>\r\n1. Labor disputes;\r\n\r\n2. Disputes relating to personal status.\r\n\r\nDecision No.. 10 of 2011 contains ten articles setting out the procedures that shall be followed, adopted and implemented before the Centre.\r\n\r\nThe following is a translation of the articles of Decision No. 10/11.\r\n\r\n<strong>Article 1</strong>\r\nThe statement of dispute shall include the following particulars:\r\n\r\n1. Name, surname, profession, occupation, domicile and place of work of the disputant and the name, surname, profession or occupation, domicile, place of work and email of his attorney.\r\n\r\n2. Name, surname, profession or occupation, domicile and place of work of the respondent and name, surname, profession or occupation, domicile and place of work of his attorney or, if neither the respondent nor his attorney have no known domicile or place of work, their last domicile, residence, place of work and email.\r\n\r\n3. To “elect a domicile” for the disputant if he has no domicile in the UAE.\r\n\r\n4. The subject matter, plea and the basis of the dispute.\r\n\r\n5. Date of filing the statement of dispute at the Centre.\r\n\r\n6. Signature of the party filing the dispute or his attorney.\r\n\r\n<strong>Article 2</strong>\r\nThe records and follow-up section shall record the dispute in the relevant register, collect the fees and, accordingly, determine the exact filing date. The records and follow-up section shall then, in the presence of the disputant or his attorney, record the date of the hearing scheduled for the dispute on the original and copies of the statement of dispute. The disputant or his attorney shall sign to the effect that he is aware of the hearing date.\r\n\r\nThe dispute shall be considered filed on the date it is recorded.\r\n\r\n<strong>Article 3</strong>\r\nWhen filing the statement of dispute, the disputant shall submit to the records and follow-up section copies thereof according to the number of respondents in order to be kept in a special file. The disputant shall submit, along with the statement of dispute copies, all the documents supporting his dispute. The respondent may file a defense memorandum and copies of his documents.\r\n\r\n<strong>Article 4</strong>\r\nThe records and follow-up section shall, no later than the day following the filing of the statement of dispute, notify the parties by all means of communication, failing which it shall deliver a copy of the statement of dispute and all accompanying copies, papers and documents to the authority entrusted with service in order for service to be effected using the appropriate standard form and the original notice returned to the records &amp; follow-up section.\r\n\r\n<strong>Article 5</strong>\r\nIf the disputant and respondent appear on their own before the Centre and submit a dispute, the Centre shall hear the dispute forthwith and, if possible, negotiate a settlement or schedule another hearing therefore. The Centre shall register the matter on the roll and the dispute proceedings shall be recorded on the minutes of hearing directly.\r\n\r\n<strong>Article 6</strong>\r\nOn the day of the hearing, the parties shall attend in person or through an attorney appointed by a power of attorney.\r\n\r\n<strong>Article 7</strong>\r\nIf the disputant or the parties fail to attend the first hearing or any subsequent hearing, the Centre may refer the dispute.\r\n\r\n<strong>Article 8</strong>\r\nIf only the respondent failed to attend the first hearing, the dispute may be adjourned to a later hearing of which the disputant shall serve notice to the absent party.\r\n\r\n<strong>Article 9</strong>\r\nThe Centre may avail of the services of an interpreter who is appointed or licensed by the Ministry of Justice or the relevant authority and may secure the services of an interpreter from any other source if necessary.\r\n\r\n<strong>Article 10</strong>\r\nThe Centre may, on its own motion or upon request of a party to the dispute, correct mere mechanical errors in the settlement agreement that are of a typographical or mathematical nature. The conciliator shall make the correction on the original copy of the agreement and sign it together with the competent judge.'),
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	(79285,4321,'_yoast_wpseo_metadesc','In September 2009, H.H Mohammad Bin Rashid Al Maktoum, the Vice President of the UAE and Ruler of Dubai issued Law No. 16 of 2009 – “Establishing the Centre for Amicable Settlement of Disputes”.'),
	(79286,4322,'content','April 2011\r\n\r\n<hr />\r\n\r\nIn today’s modern world, it has become a common phenomenon for news broadcasts, cinematic and documentary films, television series and the like to broadcast works containing copyrighted material belonging to others; further, it is also similarly common for many to publish photographs, articles without first obtaining the consent of their owners. The question which naturally arises is; are all such occurrences considered breaches of law? And if so, what penalties do such acts entail?\r\n\r\nThe starting point to understand is that the Jordanian Visual and Audio Media Law Provisional Law No. 71 of 2002 has made deference to and respect of copyrights belonging to others, one of the most important obligations which persons with a broadcasting license must abide by. Article 20 of the aforementioned Law provides that (rough translation) “licensed persons are obliged to respect the literal, artistic and intellectual rights of others.” Further, it is common practice for the license between such licensed persons and the Jordanian Audiovisual Media Commission (the “Commission”) to contain further provisions to that effect.\r\n\r\nThe Visual and Audio Media Law provides a number of penalties for contravening the aforementioned obligations as follows; Article 29 of the Law provides that a licensed person is penalized if he broadcasts or re-broadcasts work in contravention of the conditions of his licensing agreement (other than those relating to employment matters) or any of the obligations provided for by this Law, by a fine of not less than 10,000 JOD and not exceeding 50,000 JOD. Further, he is obliged to compensate any damages arising as a result of such a breach. In addition, the Law provides that the Commission is entitled to suspend his broadcasting rights for a period not exceeding 2 months for the same. The penalty is multiplied if the contravention is continuing or repeated. Further, the Commission may, upon the referral of the relevant Minister and in accordance with the recommendation of the director of the Commission terminate the offender’s license.\r\n\r\nThe aforementioned penalties are further supplemented by the Jordanian Copyright Law No.22 of 1992 (as amended). The Copyright Law, however, does not include a specific section dealing with cinematic, TV and radio works; rather, the protection so granted to their authors was implicitly provided for in protections provided to theatrical, artistic and musical works. For instance, the Copyright Law grants the author of works the exclusive right to broadcast and publish his work, as well the right to solely determine the time at which he wishes to do the same. The Copyright Law, however, exempted certain works from such protection, including but not limited to written or broadcast news, works which are part of the public domain, and the like; unless personal creativity or effort was used to create or organize such works. Further, the Copyright Law allowed the broadcasting of such works for certain educational, non-commercial purposes.\r\n\r\nIt is worth noting that the aforementioned laws permit official television and radio broadcasters to make and keep for a period not exceeding one year (unless the author agrees to extend the same) a temporary copy of certain works which they are licensed and/or permitted to broadcast, provided that they do not keep more than one copy of any such work.\r\n\r\nAs regardsWith regard to photographic works, however, the aforementioned laws allow photographers to take and broadcast pictures of places, facts and/or events which have been previously photographed. In such a case, the new photographs are considered original works belonging to the photographers. The photographers, however, are not entitled to publish their photographs if the pictures include persons who have not consented to display or publish the photos, unless the picture taken relates to a public accident or news, or if the relevant persons are officials or celebrities, or if the public authorities allow the publication of the same. The photographer must, however, ensure that the photographs do not touch upon the integrity, honor or social standing of the person so photographed. Please note that the above provisions apply equally to live photographs, as the aforementioned Copyright Law applies to all photographs irrelevant of the means for capturing them, and irrelevant of their type.\r\n\r\nThe Copyright Law grants similar exclusive broadcasting rights to the owner of the broadcasting/publishing right. The critical issue here is that it grants certain persons the right to broadcast events without granting others the same right. The aforementioned laws have dealt with this issue by differentiating between works which are merely reporting of news events or other such works in the public domain on the one hand, and between works which arise as a result of the personal creativity or effort of the author/broadcaster. The former only can be re-broadcast, without the need to obtain the consent of their original broadcaster, and in certain situations, without the need to cite the source of the original broadcast. Thus, while the author cannot prevent others from broadcasting simple recordings of an event unfolding, exposés, critical journalism and the like can be copyrighted.\r\n\r\nWhile the difference outlined above may seem arbitrary, the fact remains that the government needs to balance the rights of authors and/or licensed persons to protect their works against the greater right of the public to information; and which they have done, by ensuring that one cannot prevent others from broadcasting news events.\r\n\r\nFurther, it is important to note that the fact that the aforementioned laws have not extended their protection to include broadcasting of news events does not mean that such works are without any protection. Rather, the authors or broadcasters of such works retain the right to protect their works, through reliance on various anti-competition laws in Jordan, certain licensing arrangements and the like; albeit within certain limited situations.\r\n\r\nFinally, it is important to note that a single work may have more than one author, or else more than one person (whether as author, performer, broadcaster or the like) may have rights to a single work. The person or persons whose approval must be obtained in order to publish the work depends firstly on the type of work in question, and secondly on the persons’ specific rights to the work. Thus, for instance, while generally speaking the approval of all the authors of the work must be obtained to publish a certain work, the Law provides that where the work is divisible, an author cannot prevent his co-author from publishing his part of the work, provided that this does not contravene his rights or the rights of any other author. A further example can be found as regards cinematic works, where the producer of the work can for the period for which he is granted the permit, contract with others to make use of the work, without contravening the rights of the authors, unless otherwise agreed.'),
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	(79290,4322,'content_description','In today’s modern world, it has become a common phenomenon for news broadcasts, cinematic and documentary films, television series and the like to broadcast works containing copyrighted material belonging to others; further, it is also similarly common for many to publish photographs, articles without first obtaining the consent of their owners.'),
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	(79304,4322,'_yoast_wpseo_metadesc','In today’s modern world, it has become a common phenomenon for news broadcasts, cinematic and documentary films, television series and the like to broadcast works containing copyrighted material belonging to others; further, it is also similarly common for many to publish photographs, articles without first obtaining the consent of their owners.'),
	(79305,4323,'content','April 2011\r\n\r\n<hr />\r\n\r\nGenerally, directors of a joint stock company (“KSC”) have a broad authority to manage the company, provided that such powers of management are not restricted by the provisions of the articles of association and/or resolutions of the shareholders of the KSC.  However, directors of a KSC may be subject to civil and criminal liabilities for mismanagement and bankruptcy of the KSC pursuant to the provisions of the Law No. 15 of the Year 1960 Regarding the Commercial Companies Law (“CCL”).\r\n\r\n<strong>Civil Liability as a Result of Mismanagement</strong>\r\nUnder the CCL, directors of a KSC  can be held personally liable for criminal acts as a result of their negligence. This does not extend to all directors but only the director who committed the negligent act or omission. As a result, directors of a KSC can be subject to claims for mismanagement by shareholders and/ or third parties.\r\n\r\n<strong>Article 148 of the CCL states the following:</strong>\r\n\r\n“The Chairman and members of the board are liable to the company, to shareholders and to third parties for all acts of cheating (fraud), abuse of authority as well as for any violation of the law or of the Articles of Association and for fault in management.  Resolutions of the General Meeting discharging the directors of liabilities shall not bar the initiating of proceedings for liability.”\r\n\r\nIn light of the above provision of the law, directors of a KSC may be personally liable for any of four types of acts/omission:\r\n\r\n1. Fraud; or\r\n\r\n2. Abuse of authority; or\r\n\r\n3. Contravention of the law or the Articles of Association of the KSC; or\r\n\r\n4. Fault in management.\r\n\r\nStandard of Care: To establish liability, it is necessary to define the boundary  of the standard of care required or expected of directors of a KSC.Given the lack of court precedents in this area, it is arguable that the required standard of care for directors is the “Prudent Person” standard with an average experience and competencies, varying from one industry to another.  The “Prudent Person” is the reasonable person who exerts and applies the same standard of care when running his or her own affairs.  This subsequently means maximum effort and care in managing the KSC’s affairs taking into account  the KSC’s best interests.\r\n\r\n<strong>Abuse of Authority:</strong> The CCL does not provide for the meaning of “abuse of authority”. Neither does any other related law for that matter, such as the Kuwait Law of Commerce.  In the  commercial sense and using the “Prudent Person” test,  “abuse of authority” may be best measured when a prudent director acts contrary to or omits to act in the best interest of the KSC.\r\n\r\n<strong>Fault in Management: </strong>There is no definition of what constitutes “fault in management” under the CCL. Therefore, it is possible to give a wide interpretation as to cover any sort of mismanagement. Further, Article 146 of the CCL provides directors with the right (subject to the law, the articles of association and resolutions of the shareholders’ general meeting) to carry out all necessary matters which are consistent with the objects upon which the KSC was established.  This establishes that the authority of directors to carry out all necessary things to achieve the objects of the KSC.  Therefore, the objects of the KSC are the standard by which the acts would be judged to have authorized or ultra-vires acts of the directors, and not the KSC.  However, it is not practical to hold directors liable for every fault in management because the effect would be that no one will want to assume or accept to be nominated as a director of a KSC.  Therefore, it is necessary to distinguish between three kinds of liability: (a) director’s liability – serious fault; (b) director’s responsibility - minor fault; and (c) pure corporate liability.\r\n\r\n<strong>Civil Liability as a result of bankruptcy</strong>\r\nArticle 684 of the CCLholds members of the board responsible for the KSC’s debts, presuming that the KSC filed for bankruptcy (with the potential of proving that reasons include mismanagement of its affairs).  Article 684 states that:\r\n“Where after a company is declared bankrupt, it is revealed that its assets are insufficient to discharge at least 20% of its debts, the Court may, pursuant to an application by the bankruptcy receiver, order the mangers, directors or any of them to pay jointly or otherwise all or part of the debts of the company, unless they prove that in administering the company’s affairs, they have exercised due care.”\r\n\r\nHowever, there are conditions that must be met in order to arrive to that point.  They are as follows:\r\n\r\n1. The KSC must be declared bankrupt or insolvent;\r\n\r\n2. Insufficiency to pay the KSC’s debts of 20% of its debts. (therefore, 80% of KSC’s assets would have been entirely wiped out.  But if there remain 20% of its assets sufficient to pay 20% of its debts, directors and managers may not be liable);\r\n\r\n3. The trustee in bankruptcy would request the Court to declare the bankruptcy of the directors;\r\n\r\n4. Members of the board fail to disprove mismanagement or misuse of the KSC’s resources or other faults as per Article 148 of the CCL (therefore, the onus of proof shifts to the managers and directors to disprove that they did nothing that contravenes Article 148)\r\n\r\n5. There must be a judgment by the Courts obligating members of the board to pay the debts of the KSC where the Court finds that they committed either of the acts in Article 148 and the Court may declare a judgment against one of them whether severally or jointly as in addition to opposing such other conditions as it sees fit.\r\n\r\n<strong>Criminal Liability in the context of bankruptcy</strong>\r\nThe CCLimposes a number of criminal sanctions and make them subject to imprisonment for actions taken prior to bankruptcy and also for action taken after bankruptcy.\r\n\r\nArticles 789 of the CCL and onwards provide that if a bankruptcy judgment is issued, directors can be subject to imprisonment for up to 5 years if it is proven that they undertook any of the following after the date of suspension of payment of debts:\r\n\r\n1. Hide the KSC’s records and books;\r\n\r\n2. Embezzle or hide any of the KSC’s assets;\r\n\r\n3. Intentionally declare invalid debts regardless whether such declaration is made in writing or verbally, in the financials of the KSC, by refraining from submitting documents or clarifications;\r\n\r\n4. Undergo judicial settlement through fraud;\r\n\r\n5. Declare untrue capital;\r\n\r\n6. Distribute untrue profit or received bonuses in excess of the limits imposed in the Articles of Association of the KSCor set forth in the law;\r\n\r\n7. Dispose assets and funds of the KSC with the intention to deprive creditors from rights to such funds or assets;\r\n\r\n8. Make payment to a creditor in a manner that defeat other creditors;\r\n\r\n9. Grant any security to a creditor to defeat other creditors;\r\n\r\n10. Dispose the KSC’s assets at less than its “normal” price to delay the suspension of payment status, or to delay bankruptcy or revocation of judicial settlement;\r\n\r\n11. Use illegal ways to obtain funds to delay the suspension of payment status, or to delay bankruptcy or revocation of judicial settlement;\r\n\r\n12. Spend gross funds in gambling or speculations not required in the ordinary course of business of the KSC; or\r\n\r\n13. Participate in matters violate the law, the Articles of Association of the KSC or ratify such actions.\r\n\r\nIn cases listed in 8 and 9 above, sanctions apply even if such actions were made in an attempt to conclude a judicial settlement.\r\n\r\nIn general, directors have a fiduciary duty to the KSC and its shareholders. Directors are required to exhibit good judgment and exercise such care and diligence in running the KSC as a reasonably prudent man would do in comparable circumstances. The law grants shareholders of the KSC and/or third parties the right to claim damages against directors for acts or errors in managing the KSC, whether or not committed in bad faith and thereby exposing directors to potential liability for any of the KSC’s misfortunes.'),
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	(79315,4323,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Islam Abaza'),
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	(79327,4323,'_yoast_wpseo_metadesc','Generally, directors of a joint stock company (“KSC”) have a broad authority to manage the company, provided that such powers of management are not restricted by the provisions of the articles of association and/or resolutions of the shareholders of the KSC.'),
	(79328,4324,'content','April 2011\r\n\r\n<hr />\r\n\r\nIn our August 2010 Law Update, Al Tamimi &amp; Company reported the first decision of a Court in the UAE to recognise and enforce a foreign arbitral award pursuant to the New York Convention.  Since the Fujairah Court’s decision, the Dubai Court of First Instance has provided yet more comfort to those engaged in international trade and commerce by recognising and enforcing a foreign arbitral award, despite the vociferous objections and challenge by the local Defendant.\r\n\r\nThis decision is pending appeal but already the Emirate of Dubai has already become a substantially safer port in the international arbitration world than at anytime in its trading history.\r\n\r\nAlthough there is no system of binding precedent which guarantees any future applicant the same result, the principles set out by the Full Bench of Dubai Court’s Commercial Division provide something of a sea chart (or road map) for those applicants seeking to have recognised and enforced their foreign awards in this jurisdiction.  The recent ruling ratified for execution of two arbitral awards from a sole arbitrator seated in London who determined a trade dispute under the DIFC-LCIA Arbitration Rules in November 2009.  The parties were respectively a Free Zone entity and a Limited Liability Company both from Dubai.  The Award comprises essentially two awards, namely a substantive award on the merits of the case followed by an award dealing with the costs of the arbitration.\r\n\r\nThe application by the Plaintiff to the Dubai Court to “ratify” or “confirm” the Award and to uphold a provisional attachment order as valid and enforceable against the Defendant was challenged on a number of grounds.  Thus, the Court was called upon to deal with the Defendant’s many arguments refuting the validity and authenticity of the arbitration agreement and the proceedings, which had the effect of obstructing and delaying the due recognition and the enforcement of the Award for nearly 12 months.\r\n\r\nThe Dubai Defendant contended for many of the grounds of annulment often deployed to set aside domestic arbitral awards (as set out in Article 216 of the Civil Procedure Code) notwithstanding its active participation in the arbitration proceedings.\r\n\r\nIn rejecting the Defendant’s submissions, the Court reasoned that the Articles of the Civil Procedure Law prescribing “validation” of domestic arbitral awards and those otherwise issued in the UAE did not apply.  Instead the applicable rules were those set out in the New York Convention itself regarding the recognition and enforcement of foreign awards.\r\n\r\nThe parties had agreed to apply DIFC-LCIA Rules which were thereby deemed incorporated as terms of the arbitration agreement.  The Dubai Court held: “The Court’s supervisory role when looking to recognise 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 satisfies the applicable procedural and substantive requirements of Articles IV and V of the Decree in terms of being duly authenticated”.\r\n\r\nIn short, the Court stated that it would not entertain a review of the merits of the Arbitrator’s decision (including her decision as to her jurisdiction in light of the arguments raised by the Defendant during the course of the arbitration).  Instead, the Court required only sufficient proof of the arbitration agreement and sufficient proof of the authenticity of the arbitration agreement and of the Award of the arbitrator appointed in accordance with the arbitration agreement.\r\n\r\nDespite all of the Defendant’s allegations regarding the invalidity of and indeed potential forgery of signatures on the original contract, the alleged lack of authority of the contract’s signatory and other complaints which might ordinarily ground an application to set aside a domestic award, the Court observed that the burden fell to the Defendant to make good any allegations that the New York Convention procedures had not been observed.  The Defendant had made no application in London, the seat of the arbitration, to set aside or invalidate the Award under the applicable law of the arbitration.  The Court ruled that it had no jurisdiction to hear the Defendant’s complaints predicated on grounds different from those set out in the New York Convention and there being prima facie evidence of the authenticity of and validity of the arbitration agreement and the Award, then there was no reason to deny its recognition and enforcement accordingly.\r\n\r\nThe Court expressly excluded from application section 4 (Articles 235, 236 and following) of the Civil Procedure Law regarding enforcement of foreign judgements and foreign arbitration awards generally.\r\n\r\nThese rules pre-date the UAE becoming party to the New York Convention and tend to require the applicant to re-litigate substantive issues of jurisdiction in any event and to bear the burden of establishing that no impediment exists to preclude enforcement under UAE law.  These cumbersome protectionist procedures are precisely what the New York Convention was designed to overcome.\r\n\r\nContrary to some early published UNCITRAL treaty status reports, the UAE did not make any reservations under Article I (3) to the effect that:  “This State will apply the Convention only to recognise and enforce awards made in the territory of another contracting State.”\r\n\r\nThis is a fairly common reservation by early signatories (for example, by both the UK and USA) but curiously, there was some confusion about whether or not UAE had so reserved.  The United Nations has since confirmed not and recently amended and updated its treaty status report to correct the error.\r\n\r\nOn this basis, the provisions of the UAE Law on Civil Procedure regarding recognition of foreign arbitral awards arguably have been rendered obsolete.  Thus, even arbitral awards of non-Convention States (of which admittedly there are few in the world) will fall to be recognised and enforced in the UAE under the New York Convention [and/or under any other multi- or bi-lateral treaty, if more advantageous].\r\n\r\n<strong>Fate of Future Awards - Choppy Waters Predicted</strong>\r\n\r\nThe grounds to challenge and resist recognition and enforcement of a foreign award under Article V of the New York Convention are substantially narrower than local procedures and the burden falls to a respondent to establish them.\r\n\r\nNevertheless, a Court may still refuse to enforce a foreign arbitral award if an opposing party proves:\r\n<ul>\r\n 	<li>The parties to the arbitration agreement were, under the law applicable to them, under some incapacity, or the said agreement is invalid under its governing law as chosen by the parties or under the law of the country where the award was made; or</li>\r\n 	<li>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 was otherwise unable to present his case; or</li>\r\n 	<li>The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or</li>\r\n 	<li>The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or</li>\r\n 	<li>The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.</li>\r\n</ul>\r\nAlso, a Court in the UAE may refuse to enforce the award if it decides that:\r\n<ul>\r\n 	<li>The subject matter of the award is not capable of resolution by arbitration under UAE law (i.e. is non-arbitrable), or</li>\r\n 	<li>If the recognition or enforcement of the award would be contrary to public policy.</li>\r\n</ul>\r\nGiven the UAE’s unreserved accession to the New York Convention, all foreign arbitral awards should fall to be recognised and enforced in the UAE under the Convention procedures henceforth. But it remains to be seen just how expeditious and pro-enforcement the Courts of the UAE will be in practice when applying the law of the New York Convention if subject to a relevant challenge pursuant to Article V by a recalcitrant respondent.\r\n\r\nIt may also be anticipated that such respondents will invite the Court to interpret the public policy exception expansively, so as to operate as a shield if public morals or Sharia are offended or even to protect what some foreigners might regard as purely local commercial interests.'),
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	(79365,4327,'content','May 2011\r\n\r\n<hr />\r\n\r\nThe DIFC was established as the UAE’s first financial free zone with ambitious objectives to enhance Dubai’s economic development and to ameliorate reliance on oil revenues by diversifying and supporting the growth of the banking and financial sectors. The DIFC has since become the financial and business gateway between regional, emerging and international markets and contributes significantly to the UAE’s nation building mission.\r\n\r\nThe Amending Law does not change the role of the DIFC; rather its structure is being enhanced to further the original objectives and to clarify governance procedures.\r\n\r\nIn summary, the DIFC Amending Law acknowledges the relative maturity of the DIFC and reinforces its independence from “onshore” legislators.  In the Amended Law, we note:\r\n<ul>\r\n 	<li>The three main Bodies of the DIFC are retained – DIFC Authority, DFSA (the Financial Services Regulator) and the DIFC Courts.  These bodies are also confirmed as discrete economic units with separate budget lines to be approved by the DIFC President (currently, Sheikh Maktoum)</li>\r\n 	<li>Creation of Higher Board of directors comprising the Governor of the DIFC (currently H.E Saeed Mohamed Al Tayer) and chairmen of each of the three bodies to confer, collaborate and oversee the coordinated policy development and management of the DIFC – a form of “Privy Council” to advise the President of the DIFC and, in turn the Ruler of Dubai.</li>\r\n 	<li>The definition of the manner of appointment and the role of the Governor of the DIFC.</li>\r\n 	<li>The clarification of the governance and management structures of each of the three bodies.</li>\r\n 	<li>The clarification of the application of DIFC laws.</li>\r\n 	<li>The DIFCA is made responsible formally for establishing, regulating and developing a separate payment system in consultation with the UAE Central Bank to enable wholesale large-value payment systems, including multi-country, multi-currency real time clearance and settlements.  In other words, DIFCA has the capacity to clear and settle payments and to implement a system accordingly (subject always to what can be agreed with the federal authorities.).</li>\r\n</ul>\r\nThere is an apparent devolution of responsibility to the DIFC and an introduction of new layers of self-governance.  The Dubai parent is allowing its economic brainchild to come of age albeit retaining strict control of the purse strings.  Although each body is mandated to maintain a separate budget independent of the other and subject to the DIFC President’s approval, budgetary policy considerations appear to fall outside the DIFC Higher Board’s remit and each body shall be allocated separately the necessary Dubai Government funding.\r\n\r\nThere are still a number of questions that the Amended Law does not answer regarding the parameters of jurisdiction of the DIFC Courts, the respective supervisory and regulatory roles of DIFCA and the DFSA or even whether trade in local currency will be permitted in and from the DIFC and, if so, when.  Indeed, the Amending Law suggests that more changes are afoot which may heighten a sense of uncertainty and indecision in the already unsettled banking and financial markets.\r\n\r\nHowever, subtle changes to the definition of Centre Establishment tend to suggest that the Ruler intends to confirm the width of the first gateway to DIFC Court jurisdiction by affirming the Court’s exclusive power to adjudicate upon civil or commercial cases involving a party which is also an entity or business established, licensed, registered or authorised to carry on business or activities in the Centre pursuant to the Centre’s Laws, including Licensed Centre Establishments.\r\n\r\nWhen we examine Articles 8 and 13 regarding the DIFC Courts and applicable laws respectively, we find a number of confusing changes.  As before, only the DIFC Court itself may interpret the Centre’s laws and regulations but apparently it might now have to compete with other courts to interpret the provisions of this Law.  This may lead to conflicting or confusing rulings pertaining to matters or entities affecting the DIFC indirectly.  This will not engender certainty or market confidence and may encourage rather than eliminate forum shopping between the two Dubai legal systems.\r\n\r\nThe Amending Law heralds further promotion of the DIFC and Dubai as an oasis of peace, order and good governance. The DIFC community and stakeholders have welcomed this legislative commitment to subsidise DIFC’s contribution to the international financial services industry as may be necessary to maintain efficiency, transparency and integrity.\r\n\r\nWhile the Dubai Government appears to have stayed true to its original vision for the DIFC, it is recognised the international markets look to the Federal authorities, including the Central Bank, to make a clear commitment to cooperate with, and to facilitate, the DIFC as the UAE’s pre-eminent financial centre.   The Federal authorities are further called up to hasten legal and regulatory reforms to raise the standard of onshore regimes where relevant and appropriate while truly integrating the DIFC within the UAE’s commercial legal framework.  It should be resisted any attempt to quarantine or diminish the scope of DIFC Court jurisdiction and DFSA regulatory supervision and enforcement powers or fail to afford them mutual recognition and reciprocity.  The DIFC bodies themselves must also resist the temptation to “read down” or construe narrowly their respective roles and functions due to budgetary restraints or competitive political demands.\r\n\r\nIt remains to be seen how quickly the DIFC can implement the business development objectives set out in the Original Law and re-affirmed by this Amending Law and achieve its unfettered participation in the global economy.  For example, the benefits of widening the gateways to the DIFC to allow international commercial parties to choose or contract for DIFC Court jurisdiction should be considered.\r\n\r\nMeanwhile, the DIFC continues to serve as a model for international commercial arbitration and provides a neutral place for parties to resolve their disputes regardless of their connection with the country or even the region.\r\n\r\nWe commend the market to watch this space.  As the buildings in the DIFC zone reach completion and regional players take cover from disquiet elsewhere, this very space might fill quickly.');

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	(79387,4327,'_yoast_wpseo_metadesc','The Ruler of Dubai, Sheikh Mohammed, has issued Law No. 7 of 2011, amending a number of Articles in the Original Law No. 9 of 2004 which established the Dubai International Financial Centre (DIFC) over seven years ago.'),
	(79388,4328,'content','May 2011\r\n\r\n<hr />\r\n\r\n<strong>Introduction</strong>\r\nEmployment in Qatar is primary governed by Qatar Labor Law No. (14) of the year 2004 and a series of related Ministerial Resolutions. However corporate non corporate entities when dealing with employment in Qatar shall first consider the Sponsorship and Immigration Rules and Regulations which are mainly emphasized through the provisions of Law No. (4) of the year 2009 <strong>Regulating the Entry, Exit, Residence &amp; Sponsorship of Foreigners </strong>(the <strong>“Sponsorship Law”) </strong>that has been ratified by the Heir Apparent Sheikh Tamim bin Hamad Al Thani and came into force on 29 April 2009.\r\n\r\n<strong>Sponsorship/Exit Permit/Delivery of Passports</strong>\r\n\r\nSponsorship\r\nWith exception of some tourist visas which shall be only issued for tourism purposes, every non-GCC working foreigner wishing to enter/reside in Qatar shall have a sponsor in order to enter the country and work in Qatar.\r\n\r\n<strong>Exit Permit</strong>\r\nEmployees in Qatar (Excluding women sponsored by their husbands, minors and visitors whose visits do not exceed thirty days) cannot temporarily or permanently leave Qatar unless having first obtained an exit permit from their sponsoring employers.\r\n\r\n<strong>Delivery of Passport</strong>\r\nAs per the Sponsorship Law the sponsor shall not in any case hold the employees passports, however and as the Sponsorship Law provides that the sponsor shall be generally liable for the debts and obligations of those that it sponsors, therefore some sponsors still do require that they hold the passports of their employees.\r\n\r\n<strong>Main Restrictions under the Sponsorship Law</strong>\r\n\r\nRestriction on Working for another Employer while residing in Qatar\r\nThe Sponsorship Law has maintained natural and juristic employers’ ability to prevent expatriates whom they have sponsored from abroad from working for other parties or preventing the use of workers not being sponsored by them. Similarly, an employee is also not allowed to work for another employer other than the employer from whom he received sponsorship.\r\n\r\n<strong>Restriction on Working for another Employer after Residency cancellation </strong>\r\nThe Sponsorship Law provides that it is restricted to grant a working visa to an expatriate, who has been residing in the Sate of Qatar for work purposes unless after two years from the departure date. However, the Law has given the Minister of Interior or his deputy the right to waive this period upon a written approval from the previous sponsor”.\r\n\r\n<strong>Work Permits/Visas</strong>\r\nNon-Qatari workers may not be employed otherwise than after approval of the Department of Labour and their obtaining of permits to work in the State of Qatar. Such a work permit shall be issued to the non-Qatari subject to the following conditions:-\r\n<ul>\r\n 	<li>The non-availability of a qualified Qatari worker registered in the registers of the Department and to carry out the work in respect of which the work permit is applied for.</li>\r\n 	<li>The non-Qatari applying for the work permit shall be in possession of a residence permit.</li>\r\n 	<li>The non-Qatari national shall be medically fit…”</li>\r\n</ul>\r\nWork permits are obtained from the Department of Labour after fulfilling various immigration formalities with the Ministry of Interior, including production of a local employment contract. There are a variety of different visas and permits obtainable in Qatar, dependent on the individual’s status.\r\n\r\nWorkers can be recruited from, or not recruited from, particular countries at particular times: this is something that needs to be discussed with the Immigration Department as necessary.\r\n\r\n<strong>Labour Law – Minimum Standards</strong>\r\n\r\nQatar Labor Law prescribes a minimum set of entitlements which cannot be waived or limited\r\nArticle (4) (according to our unofficial translation; there being no official translations of Qatari laws) provides that the entitlements prescribed by this law represent the minimum entitlements of the workers and any stipulation contradicting the provisions of this law shall be void even it was made prior to the date of application of this law unless the said stipulation is more advantageous to the workers and any release, compromise or waiver of the entitlements prescribed for the worker by this law shall be deemed void.\r\n\r\n<strong>Employment Contracts</strong>\r\n<ul>\r\n 	<li>Employment Contract shall be made in Arabic.  The employer may accompany such contract with translations into other languages and in case of any difference, the Arabic text shall prevail.</li>\r\n 	<li>Employment Contract may contain a provision subjecting the worker to a probation period to be agreed on between the two parties provided that the probation period shall not exceed six months. The worker shall not be subjected to more than one probation period with the same employer.</li>\r\n 	<li>The employer may terminate the employment contract within the probation period if it has been proved to him that the worker is not capable of carrying out the work provided that the employer shall notify the worker thereof before at least three days from the date of termination.</li>\r\n</ul>\r\nArticle (38) of the Labour Law stipulates that:\r\n\r\n“The service contract shall be made in writing and attested by the Department of Labour and shall comprise three copies, one copy to be delivered to each of the parties and the third copy to be deposited with the Department.\r\n\r\nThe service contract shall specify the terms concerning the labour relationship between its two parties and in particular shall contain the following:-\r\n<ul>\r\n 	<li>The name of the employer and place of his work.</li>\r\n 	<li>The name, qualifications, nationality, profession and residence of the worker and the proof necessary for his identification.</li>\r\n 	<li>The date of conclusion of the contract.</li>\r\n 	<li>The nature and type of the work and place of contracting.</li>\r\n 	<li>The date of commencement of the work.</li>\r\n 	<li>The period of the contract if the contract is of a definite duration.</li>\r\n 	<li>The agreed wage and the method and date of the payment thereof.</li>\r\n 	<li>If the service contract is not made in writing, the worker may prove the labour relationship and the rights which have arisen there from by all means of proof.”</li>\r\n 	<li>There is a Department of Labour pro-forma labour contract; any alternative requires prior approval.</li>\r\n</ul>\r\n<strong>Employee Protection</strong>\r\n<ul>\r\n 	<li>Minimum Wage – Qatar has agreements with certain countries in relation to protection of certain low-paid workers. There is however generally no minimum wage.</li>\r\n 	<li>Working Hours/Weekends – Maximum forty eight hours per week/eight hours per days (excluding lunch break); during Ramadan – thirty six hours per week/six hours per day; one interval or more for prayer/rest/meals of between 1-3 hours; worker shall not work more than 5 consecutive hours; Friday is the weekly rest day for all workers (except shift workers) – if required to work then entitled to day in lieu and payment of plus 50% of basic wage. During the (hot) summer months, the Labour Ministry will set out permitted working for those working outside.</li>\r\n 	<li>End of Service Benefit – After one year’s continuous service, employee entitled (unless summarily dismissed) to at least three week’s salary for each year of service.</li>\r\n 	<li>Upon End of Service- upon end of the service of the worker, the employer shall at his own cost return the worker to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties. The employer shall complete the proceedings of returning the non Qatari worker within a period not exceeding two weeks from the expiry date of the contract. If the worker joins another employer before his departure from the State, the obligation to return him to his country or other place shall shift to the other employer.</li>\r\n</ul>'),
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	(79402,4328,'_yoast_wpseo_metadesc','Introduction: Employment in Qatar is primary governed by Qatar Labor Law No. (14) of the year 2004 and a series of related Ministerial Resolutions.'),
	(79403,4329,'content','<strong>Glamour and luxury…………..</strong>\r\nImages of an elegant and luxurious hotel, glimmering in the sun on a white sandy beach, surrounded by palm trees gently swaying in the warm breeze evokes in most, if not all of us, dreamy thoughts of glamour, relaxation, pampering and absolute delight.\r\n\r\nThose in the industry know very well that whilst this is the experience, the hotel personnel strive hard to provide for their guests, achieving this requires extreme hard work and dedication by the operator and hotel staff.\r\n\r\nBut this hard work doesn’t start and end there – this is the public face of the hotel.\r\n\r\nThe ‘private’ life of the hotel starts long before the first guest checks in.  In many respects, the development process (which commences with identification of a development opportunity and ends with completion of the finished product), is equally as difficult and demanding.\r\n\r\nThe hotel industry, whether you are an owner, developer or operator, is certainly not for the faint -hearted.\r\n\r\nIn this article, (to be produced in 2 parts), I have sought to outline the private life of the hotel - from inception through to its unveiling as the shiny finished article.  This journey is in fact far from simple, and the development process will take many twists and turns before it is completed.\r\n\r\nHowever, in my experience as a legal adviser within the hotel industry, I believe it is beneficial to be knowledgeable of all the issues and steps involved, together with the required timing for these, so that the bigger picture is always to hand (and can therefore be better managed).\r\n\r\nBoth an operator and an owner will each go through a similar process, this article focuses on the development process from an owner’s perspective.  I have chosen to do this because not all owners will have the same level of knowledge and experience of development or the hotel industry.  This article therefore seeks to show, simplistically, just how complex the development process is and how important it is to get it right.    Hotel development is too expensive a business to get wrong!\r\n\r\n<strong>The Beginning – an Opportunity……..</strong>\r\nAn opportunity presents itself.  Whether this is by way of a development site, an existing building under construction (or already constructed), or an operational hotel, the process starts.\r\n\r\nBelow/overleaf I have prepared a diagram outlining in basic form the various stages of a hotel development, together with identification of what’s involved at each stage.  This diagram cannot capture all the issues that may need to be dealt with, (for this a lengthy book would be required), but hopefully provides an informative overview.\r\n\r\nThe structure that I have commented on also assumes a stand-alone hotel.  In the event the hotel is part of a mixed-use development, or forms part of a building which also includes residential and/or commercial components (which will not form part of the hotel and therefore will not be managed by the hotel operator), the structure necessarily becomes more complex.  Additional issues and considerations will be involved in these circumstances.\r\n\r\n<strong>Due diligence………</strong>\r\nThe next step is to undertake a thorough due diligence exercise.\r\n\r\nThis will require the involvement of various professionals, including hospitality consultants, lawyers, surveyors, architects, accountants, insurers, government liaison representatives and potentially hotel operators.\r\n\r\nThe due diligence process forms the foundation upon which the project will evolve and the hotel will be built.  It is a vital part of the process and sufficient time, resources and effort should be given to it.\r\n\r\nThe due diligence process can be broken down into separate components, comprising the following:\r\n<ul>\r\n 	<li>Market research covering the geographical location of the project, competition of the proposed hotel, demographic information, potential customer analysis, the political and economical environment of the region, financial analysis of existing hotels in the vicinity of the proposed project, together with trading and employment framework etc</li>\r\n 	<li>Land and ownership investigation, to discover whether there are any potential problems with the land (survey and environmental issues), restrictions on the title or 3rd party interests etc, which may affect the development</li>\r\n 	<li>Investigation into development issues such as planning, access, utilities and licensing requirements – to understand what will be required, hurdles to be overcome and whether it will be possible to build the hotel as required</li>\r\n 	<li>Corporate structuring considerations : how does the acquisition impact on the owner’s corporate structure, is the project located in a different country, is a local company required, do property ownership restrictions apply to the owner, what corporate governance requirements need to be complied with internally?</li>\r\n 	<li>Financial due diligence and planning : what is the tax regime in the location of the project, how does this impact the owner’s existing operations and corporate structure, can profits be repatriated, does a foreign investment regime apply to the owner’s investment, what duties will be payable where goods/materials/services are imported, what are the estimated development and construction costs, can workers and materials be procured locally or do they need to be imported, what borrowing requirements does the owner have, what security will a lender require, and general consideration of lending arrangements to be agreed</li>\r\n 	<li>Business plan and risk analysis (summarising all aspects of the due diligence)</li>\r\n 	<li>(For non-operational assets), hotel operator expressions of interest : it is always beneficial to involve the hotel operator at the earliest stage possible, to obtain their feedback and opinion of the proposed project and the location, together with confirmation of their interest to manage the hotel (subject to agreement of terms).</li>\r\n</ul>\r\nWhere the asset proposed for acquisition is an operational hotel, the due diligence process as outlined above will be required to a large extent.  Additionally, detailed analysis of the hotel operation and management itself is required as follows:\r\n<ul>\r\n 	<li>Review of existing hotel management agreements and consideration of whether sale of the asset will trigger termination of these, or whether the agreement (and thereby the operator) may be assigned to the owner, does the operator have a first right of refusal to purchase the hotel?</li>\r\n 	<li>Consideration of the commercial terms of the operator’s appointment, including fees, exclusivity arrangements, the existence of a performance test, freedom to dispose of or grant security over the hotel etc</li>\r\n 	<li>Review of the existing hotel management team and performance of the hotel to date</li>\r\n 	<li>Review of financial records and audited accounts to establish the trading history of the hotel, income and expense levels and resulting profitability for the owner</li>\r\n 	<li>Inspection and survey of the hotel itself : what is the condition of the rooms and common areas, is a refurbishment required?</li>\r\n 	<li>Is the back of house in good order?</li>\r\n 	<li>What is the quality of the FF&amp;E: is there a need for large scale replacement?</li>\r\n 	<li>What is the age and quality of the infrastructure and plant – have these been maintained properly, what are the likely costs where replacement and/or repair are required, what warranties over the plant and equipment will be transferred to the owner?</li>\r\n 	<li>HR and employees : does a trade union exist, how does is the employment legislation regime of the country in which the hotel is located impact operation, what are the likely owner’s costs associated with employment of the hotel staff (ie. pension and insurance contributions  etc), are there any pending legal actions or tribunals against the hotel/existing owner?</li>\r\n 	<li>Review of all supplier and service agreements entered into by the hotel : what are the obligations and liabilities?</li>\r\n 	<li>Review of the hotel’s insurances and claim history</li>\r\n 	<li>A detailed analysis of whether the hotel or existing owner is (or is likely to be) a defendant in any legal action, what are the existing and potential legal liabilities of the hotel?</li>\r\n</ul>\r\nOn the assumption that all due diligence investigations, surveys, business plan, financial forecasting and risk analysis are acceptable, then acquisition of the asset can take place and the process will then move into a more detailed development stage.\r\n\r\n<strong>Development stage ……</strong>\r\nThe development stage brings in further specialisms and professionals.  During this part of the process, involvement will be required from hotel operators, architect and design consultants, a project manager and cost consultant, and potentially other consultants as may be required subject to how the development team is to be structured.\r\n\r\nThe development stage will also depend on the type of asset that has been purchased.\r\n\r\n(a) Development Site\r\n\r\nIf acquisition of bare land for development has occurred, then the development stage will necessarily involve:\r\n<ul>\r\n 	<li>Appointment of the hotel operator, which ideally should be undertaken pursuant to a detailed RFP and selection process</li>\r\n 	<li>Obtaining the various development licences and planning permissions, and non-objections from local tourism authorities</li>\r\n 	<li>Commencement of concept design of the hotel, with involvement of the appointed operator to ensure that the hotel will, in all respects, comply with the operator’s brand standards</li>\r\n 	<li>Preliminary development cost projections</li>\r\n 	<li>Preliminary design and construction programme</li>\r\n</ul>\r\n(b) Existing building (whether partially or fully completed)\r\n\r\nThe development stage, where the asset acquired is an existing building, will follow the requirements of a development site for the most part, particularly with regard to hotel operator appointment and the design process (where the building is partially complete, or only completed to a shell and core finish).\r\n\r\nIn both cases (acquisition of a development site or an existing building), it is important that selection and appointment of the hotel operator occurs as early as possible.  Such an early appointment will facilitate the design programme of the hotel, with the owner being able to obtain input, guidance and approvals from the operator in line with the programme (thereby preventing any costly delays).  It will also ensure that the hotel is designed and built in accordance with the operator’s brand standards, and allows the owner to draw on the experience of the operator with regard to market positioning and optimising the marketability of the hotel.\r\n\r\nLate appointment of an operator may cause additional pressure and stress to the design and construction programme, and is likely to push up development costs, particularly if design needs to be re-worked to accommodate the operator’s requirements.\r\n\r\n(c) Operational hotel\r\n\r\nThe development stage may or may not apply where the acquisition is of an operational hotel.  This will depend upon whether the existing hotel management agreement is transferred to the owner and operation remains unaffected, whether renovation/refurbishment is required, or whether the hotel management agreement terminates and a new operator needs to be appointed, with a major renovation.\r\n\r\nIn the event that the development stage does apply, then it will follow a similar path as per (a) and (b) above.  Additional complexity will arise in the event of partial renovation or refurbishment of the hotel, which is to be undertaken without closing the hotel.  This will need to be carefully considered, with the operator’s views and approval obtained, before the renovation budget and programme can be finalised.\r\n\r\nRenovation of a hotel whilst its remains operational, is one of the most sensitive and difficult scenarios for owner and operator alike.  Both parties will try to balance the need for a facelift to the hotel (to hopefully improve revenue) against the requirement for minimal impact on available room inventory, common areas, provision of services, and the guest experience generally.  Time is of the essence, and the works programme needs to take these issues into account, which adds further management issues.  This is an extremely difficult balancing act to achieve.\r\n\r\n<strong>Construction and beyond ……..</strong>\r\nIn the second part of this article, I shall focus on the construction, pre-opening and opening stages, at which point the hotel is then handed over to the hotel operator (and the owner can hopefully take a deep breath and more of a back seat!).\r\n\r\n<strong>Part 1 of this article was written for Hotelier Middle East Magazine, March 2011 edition.</strong>\r\n\r\n<a href=\"https://admin.newsweaver.com/notessa/repository/s1/169641484993255628/Hw/1rx950tgap2vx1xtku49omeeu7xl7xb0nr7agpmfl87lzyws5.doc\" target=\"_blank\" rel=\"noopener\">Chart for Hotel Development Article</a><strong> </strong>'),
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	(78658,4287,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(78662,4287,'_yoast_wpseo_metadesc','The bankruptcy regime in Qatar draws upon the principles contained in the legislation of many western jurisdictions. It includes familiar concepts such as claw-back and preferences.'),
	(78663,4288,'content','March 2011\r\n\r\n<hr />\r\n\r\n<strong>Everybody loves a party and no one is quicker to a party than an ambush marketer </strong>\r\nso as Qatar celebrates, the watch is on for plans to defeat ambush marketing in the time leading up to this monumental victory for the Qataris and football in the Middle East.\r\n\r\nDoubtless, ambush marketers will be ever more nimble and clever in manoeuvring the laws if the events of yesteryear are anything to go by.\r\n\r\nWho would have forgotten the women in orange at the FIFA World Cup 2010. Women in a highly distinctive shade of orange in the match between The Netherlands and Denmark made news when they were accused by FIFA as ambush marketers for allegedly advertising for BAVARIA, a Dutch beer brand. BAVARIA did give out those dresses. Never mind that the women were South African. But seriously, what’s to stop a South African woman from barracking for The Netherlands anyway?\r\n\r\nNonetheless, Budweiser, an official FIFA sponsor and the only beer company allowed to advertise within official FIFA venues was not amused.\r\n\r\n<strong>What is at stake?</strong>\r\nThe FIFA World Cup is the most watched sporting event in the world – every four years, billions of spectators across the world put their lives on hold regardless of time zone differences to watch the football extravaganza that is the FIFA World Cup.\r\n\r\nClearly, this translates into an advertising bonanza for brand owners. The FIFA World Cup provides an unparalleled opportunity for brand owners to expose their brand to a worldwide audience transfixed with an attention span of an intensity, which only FIFA World Cup fans can muster.\r\n\r\nFor the FIFA World Cup organisers, the advertising dollars is one of the most important sources of revenue necessary for staging such a monumental event. Typically, at least 75% of the budgets of such events are derived from corporate marketing sponsors, broadcast rights fees and royalties from official merchandise licensees. Corporations expect to pay millions of dollars for the privilege of being Tier One corporate partners of the FIFA World Cup.\r\n\r\nEvent organisers need to protect the attractiveness of sponsoring events and the resulting dollars.\r\n\r\nEnter the ambush marketers, those engaging in marketing practices which draw an unauthorised association with the high profile event without having paid for an official designation as an authorised partner.\r\n\r\nIn the above example, BAVARIA ambushed BUDWEISER. When effectively employed, ambush marketing is very difficult to prevent and a creative ambush marketer well advised by a savvy IP lawyer can be a legitimate sponsor’s greatest marketing nightmare.\r\n\r\nClearly, pursuing a well advised and determined ambush marketer is a challenging task. An ambush marketer who develops a creative advertising campaign around the event by never ever using the event indicia such as its logo, trade mark, trade name or anything similar thereto but cleverly using images or indicia, which is commonly associated by the consuming populace with the event, is a tricky customer who could potentially test the law to its limits. E.g. The use of images of the French Alps, winter fun and games in advertising in the lead up to the 1992 Olympic Winter Games by American Express where VISA was the official credit card sponsor.\r\n\r\n<strong>Event Organisers</strong>\r\nCertainly, FIFA is no stranger to taking on ambush marketers. It has published an exhaustive and extremely strict code of what it considers to be unacceptable marketing practices surrounding its event and the list is a long one with a wide reach. Basically, any marketing practice, which draws a commercial association with the FIFA World Cup is banned unless it has FIFA’s authorisation.\r\n\r\nA rights holder’s options in pursuing an ambush marketer depends on the law in the country in which the ambush takes place. It remains to be seen whether Qatar will be\r\nenacting legislation specific to the FIFA World Cup to combat ambush marketing as did South Africa as hosts in 2010.\r\n\r\nIf past enforcement efforts are anything to go by, the following could be key features of the event organiser’s program in the combat ahead with ambush marketers:\r\n<ul>\r\n 	<li>Charge a special purpose vehicle with the authority to investigate and sue ambush marketers and infringers.</li>\r\n 	<li>Embark on an education campaign on the basics of intellectual property and ambush marketing including advertisements in consumer and trade publications targeting the public, retailers, potential sponsors, suppliers, licensees and athlete agents.</li>\r\n 	<li>Publicise legal actions filed alleging IP infringements.</li>\r\n 	<li>Conduct market surveillance of unlicensed merchandise and infringements.</li>\r\n 	<li>Put in place strict regulations at the official venues regulating the rules of entry such that non sponsor merchandise is banned.</li>\r\n</ul>\r\n<strong>Sponsors</strong>\r\nGenerally, sponsors should at the very least be armed as follows:\r\nImplement full trade mark protection in respect of the relevant goods and services.\r\n<ul>\r\n 	<li>Enter into a comprehensive sponsorship agreement.</li>\r\n 	<li>Ensure prominent trade mark and copyright notices are placed on all official merchandise and hoardings.</li>\r\n 	<li>Adopt a zero tolerance approach by being vigilant and ensure swift and decisive action against all infringers.</li>\r\n 	<li>Collaboratively with a legal enforcement program, pursue non-legal alternative solutions such as a publicity campaign designed to identify and endorse official sponsors.</li>\r\n</ul>\r\nClever marketers, moneyed sponsors, watchful event organisers, responsible government, other stakeholders and their IP lawyers are gearing up for the off site competition. Let the games begin!\r\n\r\nCompanies big and small engage in ambush marketing. Creative ambush marketers who successfully ambush their competitors who are the official sponsors can save their companies millions of dollars.\r\n\r\n<strong>EXAMPLES INCLUDE:</strong>\r\n\r\n1992 Olympics\r\nCoca Cola paid $33 million to be an official sponsor of the 1992 Olympics but Pepsi ambushed Coca Cola by airing a commercial featuring Magic Johnson, a member of the US Olympic basketball team\r\n\r\n<strong>1996 Olympics</strong>\r\nReebok was the official footwear sponsor and Nike went on a campaign buying up blocks of billboard space around the venues, handed out merchandise bearing its famous swoosh, built a NIKE Village next to the athletes’ village. In surveys, a greater proportion of TV audiences mistakenly recalled Nike as an official sponsor rather than Reebok, thus confirming Nike’s successful ambush.\r\n\r\n<strong>1998 Olympic Winter Games</strong>\r\nMcDonalds was an official sponsor. Wendy’s responded by sponsoring ABC’s broadcast of the Games, featuring ski racing posters in its storefronts emblazoned with “We’ll Be There!”, printing Olympic inspired stories on their trayliners and inscribed what appeared to be Olympic like rings on its napkins.'),
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	(78644,4287,'content','March 2011\r\n\r\n<hr />\r\n\r\nThe bankruptcy regime in Qatar draws upon the principles contained in the legislation of many western jurisdictions. It includes familiar concepts such as claw-back and preferences. Where Qatar differs from these jurisdictions is that it is largely untested.  There is no reliable back-catalogue of comprehensive precedents. This causes understandable concern for financial institutions and lenders in general. How confident can they be in the validity and value of their security if the borrower or security provider becomes bankrupt?\r\n\r\nFinancial institutions see it as important to take collateral, wherever it is available, both inside and outside of the jurisdiction to support financial arrangements in Qatar.  Examples include real estate, equities listed on international exchanges, government and corporate bonds and physical assets such as plant and machinery.\r\n\r\nIn Qatar there are two concurrent bankruptcy regimes. The first is the local regime, the provisions of which are set out in the Commercial Law No 27 of 2006 (“Local Regime”). The second is found in the QFC Insolvency Regulations 2005 and applies to bodies corporate and branches registered in the QFC (“QFC Regime”).\r\n\r\n<strong>The Local Regime </strong>\r\nThe Local Regime appoints a bankruptcy administrator to manage the bankrupt’s affairs, business and property with the aim to achieve repayment of the bankrupt’s debts, as far as possible. The Local Regime contains no explicit provisions with respect to foreign bankruptcy proceedings. This is distinct from some western jurisdictions, where there is clear provision for cross border issues in the event of bankruptcy and the ways in which these should be addressed.\r\n\r\nQatar has not implemented the Model Law on Cross Border Insolvency of the United Nations Commission on Trade Law (UNCITRAL Model Law). It is therefore unable to seek the co-operation of the foreign courts in those countries which have implemented it, such as Australia and the US. Notwithstanding this, and in light of the increasingly international nature of insolvency, commercial necessity has encouraged national courts to provide assistance to each other under a concept known as comity of law. This means that territorial integrity does not prevent a court in one jurisdiction from giving assistance to a court in another jurisdiction in respect of assets located, or persons resident within its territory. Indeed there are certain countries, for example England &amp; Wales, in which the national courts have an inherent jurisdiction to assist foreign office holders.  Consequently they may remit assets located in their own jurisdiction to assist a Qatari bankruptcy administrator. However, if the courts in the location of the asset are unwilling or unable to offer assistance, the bankruptcy administrator may have to initiate concurrent proceedings.\r\n\r\nAlthough there is no recognition of foreign proceedings in Qatar, there are also no provisions restricting the power of the bankruptcy administrator to look beyond Qatar to the bankrupt’s assets abroad. Nothing in the Local Regime distinguishes between external and internal assets. It therefore follows that the bankruptcy administrator should be permitted to take action it deems necessary to seize the bankrupt’s foreign assets to boost the bankrupt’s estate for distribution to the creditors in the Qatari proceedings. The ease with which this action is taken is likely to depend upon the jurisdiction of the assets.\r\n\r\nWhile the Local Regime remains largely untested it is difficult to say with any certainty how effectively the administration of the bankruptcy process would handle any cross-border aspects.\r\n\r\n<strong>The QFC Regime</strong>\r\nThe Qatar Financial Centre (“QFC”), established in 2005, is a separate legal jurisdictions from the State of Qatar, similar to the Dubai International Financial Centre (DIFC). The QFC has implemented its own bankruptcy regime through its Insolvency Regulations 2005. The QFC Regime is based on common law principles and is consequently similar to insolvency legislation in England and Wales and other common law jurisdictions. It offers a more comprehensive regime than the Local Regime and, because it is more closely linked to England and Wales, one can perhaps look to case law there for further guidance as to its application.\r\n\r\nThe QFC Regime takes a wider approach to bankruptcy as it recognises non-QFC bankruptcy proceedings, including foreign proceedings. Provisions of the Insolvency Regulations state that the QFC tribunal will co-operate to the maximum extent possible with courts of non-QFC representatives (i.e. a person or body authorised in a non-QFC proceeding) and may be willing to entrust distribution of all or part of the bankrupt’s assets located in the QFC to the non-QFC representative, provided it is satisfied that the interests of the creditors in the QFC are adequately protected.\r\n\r\nIn terms of seizing assets in different jurisdictions, the QFC Regime gives the insolvency administrator, supervisor or liquidator wide authority to act outside of the QFC on behalf of a proceeding under the QFC Regime. Thus the insolvency administrator is able to take any action deemed appropriate to recover assets in other jurisdictions to realise their value for the benefit of the creditors in the QFC proceedings.\r\n\r\nThe QFC Regime is a more substantial piece of legislation than the Local Regime. It offers more certainty to lenders and security holders in terms of the cross border aspects of the bankruptcy procedure. The case law of the jurisdictions upon which it is based also gives guidance as to the application of its principles in practice.\r\n\r\n<strong>Impact on holders of security in relation foreign assets</strong>\r\nA security holder in relation a foreign asset will want to take prompt action to ensure the asset does not fall within the portion of the bankrupt’s estate available for distribution to unsecured creditors following the issuance of a bankruptcy judgment. Depending on the jurisdiction, it may be possible to enforce certain types of security, such as share pledges, without the need for a court order. Share certificates and blank share transfer forms should be obtained by lenders when taking such security in order to facilitate sale without recourse to the courts in the event of a default.\r\n\r\nThe security holder should also consider informing the Qatari administrator of bankruptcy of its foreign enforcement action with the aim of preventing any attempts to take control of that asset. This will not be an issue for registered charges such as mortgages however there may be certain types of security vulnerable to such action.  An example would be a floating charge over a debt repayment or a receivable. In the event that the Qatari bankruptcy administrator secured the repayment of a debt in the UK for the benefit of the bankrupt’s estate, the holder of a charge over such debt could find itself in Qatar trying to enforce its security under the bankruptcy proceedings - possibly as an unsecured creditor. Enforcement could take as long as 3 years if contested.\r\n\r\n<strong>Conclusion</strong>\r\nQatar’s staggering economic growth, combined with other factors such as a view that an admission of inability to pay debts is not good business practice, means that very few bankruptcies have taken place in Qatar. While bankruptcy laws are largely untested and a lender can never be 100% satisfied as to the validity, value and enforceability of its security, there are practical measures a prudent lender can take to protect itself.\r\n\r\nAs a general principle, security should be taken where the asset is located, and security documents will therefore be governed by the laws of such jurisdiction. A well advised lender will ensure that appropriate steps are taken to perfect the various types of security open to it. Proper legal advice should be taken and a legal opinion obtained from a reputable local law firm in the jurisdiction as to the enforceability of the security document and the capacity of the entity granting such security, depending on the circumstances.'),
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	(78635,4286,'pageSummary','March 2011\r\n\r\n<hr />\r\n\r\nAfter an extended consultation period, in January 2011 NASDAQ Dubai (“the Exchange”) released draft revised Listing Rules (“Draft Rules”) for public consultation.'),
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	(78610,4285,'content_description','The healthcare industry in the UAE is set to boom. Dubai is in the process of setting itself up as a regional hub for medical tourism, and there is a drive towards improving the standard of healthcare throughout the country.'),
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	(78612,4285,'pageSummary','The healthcare industry in the UAE is set to boom. Dubai is in the process of setting itself up as a regional hub for medical tourism, and there is a drive towards improving the standard of healthcare throughout the country.'),
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	(78616,4285,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Nick O\'Connell'),
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	(78628,4285,'_yoast_wpseo_metadesc','The healthcare industry in the UAE is set to boom. Dubai is in the process of setting itself up as a regional hub for medical tourism, and there is a drive towards improving the standard of healthcare throughout the country.'),
	(78629,4286,'content','After an extended consultation period, in January 2011 NASDAQ Dubai (“the Exchange”) released draft revised Listing Rules (“Draft Rules”) for public consultation. The Draft Rules are the first major revision of the Listing Rules to be completed by the Exchange. The overriding concerns for the Exchange are the twin imperatives of enhancing market liquidity and promoting access to listing to a wider group of issuers. The Draft Rules are designed to address these issues and they also take a major step towards ensuring listing criteria and processes are both comprehensive and transparent.\r\n\r\nThe revision process was first initiated over two years ago. The Draft Rules are the result of a prior round of amendments and consultation, and working group meetings with stakeholders and professionals in the fields of law, finance and accounting. All have been regularly involved in the listing process on the Exchange onshore in the UAE and globally, and  there has been a coordinated exchange of ideas and comments with the Dubai Financial Services Authority (“DFSA”).\r\n\r\nAs required under regulation, the Draft Rules are available for public consultation to enable stakeholders such as current issuers, potential issuers, underwriters and their various advisors to give genuine feedback about the proposed revisions to objectives, organization and scope, regulatory approach, and guidance, among other proposed changes. The stated intention of the Exchange in undertaking this exercise is to improve liquidity, promote access to listing to a wider range of issuers, and introduce a legal framework that will suit the issuers and promote capital raising in the region as well as offer sufficient safeguards to protect investors.\r\n\r\nAlthough certain rules that were initially adopted under the Listing Rules have remained intact (e.g. 25% free float requirement, book-building process, sell down, etc.), there are numerous material changes that have been made under the Draft Rules.\r\n\r\nThe public consultation process will end by 17 March 2011. Subsequently, the Exchange will take comments and recommendations received under consideration, make any further amendments as they find fit, and submit the final Draft Rules to the DFSA. Upon approval by the DFSA, the Draft Rules will become a binding piece of legislation.\r\n\r\nBelow, you will find a brief summary of some of the key amendments under the proposed Draft Rules.\r\n\r\n<strong>FORMAT</strong>\r\nThe format and layout of the Draft Rules differ substantially from the existing Listing Rules.  Also, a number of guidance notes have been provided in reference to specific rules which provide clarifications in relation to some specific provisions of the Draft Rules.\r\n\r\n<strong>SIGNIFICANT AMENDMENTS</strong>\r\n\r\nNew eligibility criteria\r\nUnder the Draft Rules, the issuer is not only required to fulfill the existing admission criteria provided under the original Listing Rules, but certain further requirements have been added in addition to security-specific criteria.\r\n\r\nFor example, the eligibility criteria for equity securities now include the following new requirements:\r\n<ul>\r\n 	<li>No more than 50% of the free float required may be in a form of preferred share;</li>\r\n 	<li>“Genuine investor interest”, which an issuer can demonstrate by either having not less than 400 bona fide shareholders or providing for a retail set aside of at least 10% of the aggregate number of securities.</li>\r\n 	<li>As an addition to the existing minimum USD 50 million market capitalization test, one of the following tests can be satisfied by the issuer instead: - “profits test” – requires an issuer to have generated profits for the three most recent fiscal years (while conducting the same business activity);</li>\r\n</ul>\r\n- “assets test” – requires an issuer to meet certain tangible assets and working capital thresholds, but does not require three continuous years of operation.  A mandatory lock-in for promoter shareholders is also required for 12 months and  cash flow reporting may be imposed; and\r\n\r\n- “market capitalization test” – requires a minimum USD 20 million market capitalization together with a mandatory lock-in of 12 months for promoters.\r\n\r\n<strong>Listing application review process</strong>\r\nUnder the Listing Rules, projecting a timeline for regulatory review by both the Exchange and the DFSA was often problematic. Importantly, the two organisations noted they would work together to streamline the process for reviewing of the prospectus and listing application.  The Draft Rules propose that any prospectus will be reviewed by the DFSA for compliance with the Offered Securities Rules (OSR) of the DFSA as a first step, and subsequently the Exchange will review the prospectus and listing application for compliance with the final listing rules. It is expected this review process will assist issuers in addressing fundamental issues with the prospectus and compliance early in the listing process rather than at the very end, as was past practice.\r\n\r\n<strong>No exempt offers of equity securities</strong>\r\nPreviously, the Listing Rules allowed for primary offers of equity securities through a prospectus or an exempt offer. Notably, the Draft Rules (Rule 3.1.3) remove the option of an exempt offer and stipulate every offer of equity securities must be made through a prospectus.\r\n\r\n<strong>No requirement to appoint a sponsor</strong>\r\nUnder the Listing Rules, issuers were required to appoint a listing sponsor and an on-going sponsor. Pursuant to the Draft Rules, the “sponsor” has been replaced with a “lead manager” whose advisory role seems to be similar to that of a sponsor but is not mandatory.  Notably, the lead manager is not responsible for disclosures made in a prospectus; such liability lies with the issuer only.\r\n\r\n<strong>Various accounting standards allowed</strong>\r\nThe Draft Rules now allow for issuer accounts to be produced in accordance with the International Financial Reporting Standards (“IFRS”) or an alternative accounting standard, such as US GAAP, Canadian GAAP, Japanese GAAP or South Korean GAAP, without requiring reconciliation with IFRS.\r\n\r\n<strong>Mandatory lock-in</strong>\r\nThe Draft Rules have introduced a mandatory lock-in (for promoters and connected/related persons) in relation to equity securities that apply when the issuer relies on either the “assets test” or the “market capitalization test” for admission to listing. The Exchange has confirmed it will not waive the lock-in requirement under any circumstances.\r\n\r\n<strong>Uninformed exchange</strong>\r\nThe Listing Rules do not explicitly authorize the Exchange to ensure issuers disclose information when exemptions apply in certain situations. However, the Draft Rules clarify that the Exchange can ask the issuer to disclose information if it considers there is (or is likely to be) an uninformed market, but the information concerned is exempted from disclosure obligations.  Further, the Exchange may disclose correspondence between itself and an issuer it considers it necessary for an informed market.\r\n\r\n<strong>Proportion of assets in cash</strong>\r\nIn order to prevent the admission to listing of pure “cash box” entities, the Exchange will now be authorized to suspend the issuer’s securities if half or more of the issuer’s total assets are held in cash or as assets readily convertible to cash, until such time when the issuer invests those assets or employs them for its business.\r\n\r\n<strong>Mining, Oil and Natural Gas Issuer</strong>\r\nThe existing Listing Rules do not prescribe a separate disclosure regime designated for mining or oil and natural gas issuers, but the Draft Rules (Rules 5.17 and 5.18) list numerous sector specific disclosure requirements.\r\n\r\n<strong>Share buy-backs – tender offers</strong>\r\nThe existing Listing Rules do not prescribe requirements for share buy-backs in the context of tender offers. However, the Draft Rules establish a comprehensive legal framework for share buy-backs through tender offers.\r\n\r\n<strong>Conclusion</strong>\r\nThe Listing Rules are the tool by which NASDAQ Dubai manages access to the market by issuers and supervises the market. The Draft Rules provide certainty, clarity and transparency for issuers while retaining flexibility in certain areas in order to promote liquidity and access to listing by a wider range of potential issuers. While the final version remains to be seen, the amendments set out in the Draft Rules reflect a concerted and coherent effort by the Exchange to refine and develop its listing rules and process in order to attract capital and boost liquidity on the Exchange.\r\n\r\nWe encourage your active participation in this endeavor and recommend you provide your comments directly to NASDAQ Dubai during the consultation period. The Draft Rules can be found at: <a href=\"http://www.nasdaqdubai.com/regulation/listing_rules.html\">http://www.nasdaqdubai.com/regulation/listing_rules.html</a>'),
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	(78593,4284,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Robert Karrar Lewsley'),
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	(78605,4284,'_yoast_wpseo_metadesc','Arbitration is a product of contract: parties agree in writing that any dispute arising from an agreement will, instead of being heard in a public court, be referred to an arbitral tribunal comprising of one or three arbitrators who will hear the matter and issue a final and binding award.'),
	(78606,4285,'content','<p>The healthcare industry in the UAE is set to boom. Dubai is in the process of  setting itself up as a regional hub for medical tourism, and there is a drive  towards improving the standard of healthcare throughout the country. This  article briefly outlines the regulatory approval process for medical devices in  the UAE. <br /><br /><strong>General Background</strong><br />The Ministry of Health  has issued registration guidelines for medical devices. The Registration  Guidelines set out the requirements for an application for regulatory approval.  The registration system is intended to prevent unsafe or ineffective medical  devices from entering the local market, while allowing patients access to  medical devices that may help them.<br /><br />The Ministry has aimed for  international standards in developing the criteria for medical device  registration. The Registration Guidelines themselves acknowledge that the  various requirements for registration largely simulate internationally  recognized rules and regulations such as the EU Medical Device Directive  (93/42/EEC) and US Food and Drug Administration Guidelines. By way of example,  the Registration Guidelines define various terms using the definitions that  closely resemble those provided in the EU Medical Device Directive.  <br /><br /><strong>Application requirements</strong><br />An application to register  a medical device in the UAE must be made by the device manufacturer or its local  representative. The local representative must be formally authorized by the  manufacturer to handle the application process and the manufacturer&rsquo;s legal  obligations and responsibilities with regard to putting the medical device on  the market in the UAE. <br /><br />The Registration Guidelines provide four classes  of medical device for the purposes of registration. The classification system  takes into account aspects such as the period of time for which the medical  device is intended for use, and the degree of invasiveness on the body.  <br /><br />Depending on the classification of the medical device in question, and  the information available with regard to approvals by regulatory bodies  elsewhere, the Ministry&rsquo;s Committee on Medical Device Registration will consider  an application for registration through either a one stage or a two stage  process. Upon application, the Committee will review the medical device and  decide whether or not it is able to issue a certificate of registration on the  basis of the material submitted with the application, or whether further  evidence relating to safety and effectiveness needs to be considered before a  formal determination can be made. <br /><br />The application must be supported by  the submission of objective evidence relating to the safety and effectiveness of  the medical device. As in other jurisdictions, the preparation and submission of  such advice is a significant undertaking. The Registration Guidelines list the  information that it is necessary to file in order to be considered for  registration. As well as the formally executed official application form, and  depending on the classification of the device, the necessary documents can  include:</p>\r\n<ul>\r\n<li>Authenticated copies of certificates relating to governmental approval of  the device&rsquo;s manufacturing facility in the country of origin.</li>\r\n<li>Copies of all certificates, documentation and letters of regulatory  approval/clearance to manufacture, sell, import and export the medical  device.</li>\r\n<li>Evidence of established procedures and systems for distribution records,  complaint handling, adverse incident reporting and recall.</li>\r\n<li>Product and production information, such as manufacturing process and  facilities information, device description, specifications of materials used in  manufacturing and packaging, intended use and instructions for use,&nbsp; indications  and contraindications, warnings and precautions, potential adverse events,  alternative therapy, device labeling, shelf-life stability, animal/human tissue  content.</li>\r\n<li>Copies of certification and documentation certifying conformity to product  standards, safety and effectiveness requirements, and quality systems in design  and manufacturing.</li>\r\n<li>Date of first introduction and use, list of countries where device is  marketed and details of corresponding regulatory status, and a summary of  reported problems with the device since introduction.</li>\r\n<li>Risk assessment comprising of risk analysis, evaluation and reduction  measures, and detailed information on safety and effectiveness studies,  including pre-clinical and clinical studies, process validation studies,  software validation studies where appropriate, and literature studies, with  summary of studies, conclusions drawn from those studies and bibliography of  published reports dealing with the device.</li>\r\n<li>Objective evidence on the biological safety of the device.</li>\r\n<li>Peer-reviewed scientific literature dealing with the device.</li>\r\n<li>Price information, including ex-factory price, wholesale price in the  country of origin, and retail price in the country of origin.</li>\r\n</ul>\r\n<p>As well as the documents and information listed above, it is also necessary  for the applicant to submit a declaration confirming that the submitted material  is true and that the applicant will be fully responsible for the medical device  and its post market plan, and that the applicant will comply with the  requirements of the Ministry&rsquo;s Drug Control Department (the &ldquo;DCD&rdquo;) after the  medical device has been placed on the market. <br /><br />As far as formalities are  concerned, it should be noted that the Registration Guidelines are somewhat  prescriptive when it comes to the way in which the materials are prepared and  submitted, and all documents, including certificates should be in English or  Arabic. <br /><br /><strong>Registration</strong><br />If the safety and effectiveness  of the medical device is established and the Committee approves the  registration, a certificate of registration is granted, and the importation and  sale of the registered medical device is permitted. The registration is valid  for 5 years, although if there are material changes to the product data  submitted in support of the application, then the certification may become  invalid. The DCD is also entitled to cancel the registration of a medical device  if the registrant so requests, or if circumstances warrant cancelling the  registration. We anticipate circumstances warranting cancellation to include,  for example, where post-market obligations have not been met, where the product  proves to be unsafe or the quality of the product becomes lower than at the time  of the application for regulatory approval, where unapproved labeling is  adopted, and where the medical device infringes a third party&rsquo;s intellectual  property rights. <br /><br /><strong>Post-market obligations</strong><br />As the key  purpose of registering medical devices is to ensure safety, the Registration  Guidelines provide for post-market obligations with regard to monitoring, and  preparing for, safety issues that may arise in the market place. As noted above,  failure to comply with these obligations is a basis upon which the DCD can  cancel the registration of a medical device. <br /><br />The post-market obligations  include the obligation to maintain distribution records (to facilitate  traceability), to maintain complaint handling procedures and records, to  maintain adverse incident reporting procedures and records, and to have  procedures in place that will allow the registrant to promptly and effective  execute investigations and recalls in respect of defective or potentially  defective medical devices. <br /><br />If post market procedures have already been  established by a registrant for one type of registered medical device, it is not  necessary to resubmit the post-market procedures for other medical device  registration applications, unless the procedures previously outlined have  changed or need to be varied due to the nature of the subsequent medical device.  If procedures have been submitted in respect of a previous application, it will  be sufficient to refer the authorities to that material.  <br /><br /><strong>General</strong><br />It can sometimes be difficult for foreign  applicants to meet regulatory requirements for medical devices. One example of  the type of problem that might be encountered is where the subject medical  device is not something that would require regulatory approval in the country of  origin, and thus not something for which country of origin approval  documentation can be provided. <br /><br />Al Tamimi &amp; Company is able to assist  with all aspects of medical device regulatory approval, particularly in respect  of advocacy relating to the acceptance of supporting documentation. Although we  hope it will not be required, we are also able to assist with recalls and  product liability issues.</p>'),
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	(78583,4284,'content','March 2011\r\n\r\n<hr />\r\n\r\nArbitration is a product of contract: parties agree in writing that any dispute arising from an agreement will, instead of being heard in a public court, be referred to an arbitral tribunal comprising of one or three arbitrators who will hear the matter and issue a final and binding award. As such it is a process firmly grounded in the consent of the parties.\r\n\r\nHowever it is often the case that third parties, who are not signatories to the contract, either have an interest in the dispute and its resolution, or wish to bring legal action themselves arising out of the same facts. In such circumstances, it would be more efficient to have the third party’s claim heard at the same time. Similarly, there are occasions where a number of arbitrations have commenced which involve similar parties and issues, and it may be considered convenient to consolidate the claims into one action. This would save costs and avoid the possibility of conflicting awards being issued.\r\n\r\nThis article examines how a third party not privy to a contract may nonetheless become a party to an arbitration arising from it. The article also considers under what circumstances it may be possible to consolidate separate arbitral proceedings into one.\r\n\r\n<strong>Rules governing arbitration</strong>\r\nWhen considering what is or is not possible in an arbitration, it must be remembered that arbitrations are governed by at least two sets of rules:\r\n<ul>\r\n 	<li>The law of the state in which the arbitration is being held (the arbitral “seat” or “place” of arbitration).</li>\r\n 	<li>The rules of the arbitral institution that is administering the arbitration (or where it is an ad hoc arbitration, the rules that the parties have agreed upon).</li>\r\n</ul>\r\nA review of all the different state laws on arbitration, and of all the different institutional rules, is beyond the scope of this article, which instead will focus on UAE law and the rules of the most prominent arbitral institutions used in the UAE (the Dubai International Arbitration Centre; the Abu Dhabi Commercial Conciliation &amp; Arbitration Centre; the DIFC-LCIA; and the ICC).\r\n\r\n<strong>Where there is consent</strong>\r\nOne of the benefits of arbitration is that it is highly flexible, and if all the parties consent then almost anything is possible. So if all the parties, including the third party, agree that the third party should be joined, then the tribunal will usually allow this unless to do so would compromise the arbitration in someway. Similarly, if all the parties to a number of arbitrations wish to consolidate them, then this can be done.\r\n\r\nIssues can, however, arise. For example, one of the key benefits of arbitration is that the parties choose who will be the arbitrators forming the tribunal. When a third party is joined, or if cases are consolidated, this will usually occur after the tribunal has been appointed, meaning that if these new parties wish to be involved they will have to accept being subject to the will of a tribunal they have not chosen. Although the parties could agree to abandon the existing arbitration and reconstitute an arbitral tribunal with the input of the new parties, this would result in delay and wasted expense.\r\n\r\nWith regards to consolidation, if many cases are joined then this can result in a slower, more complicated, and less efficient arbitral process. There may also be issues if the different agreements contain arbitral clauses that are inconsistent (i.e. which call for different laws to be applied to the dispute).\r\n\r\nHowever, provided these procedural matters can be properly handled, then the joining of third parties and the consolidating of cases can be an effective tool in enabling a number of parties to resolve all the issues between them by the use of one set of arbitral proceedings.\r\n\r\n<strong>Where there is no consent</strong>\r\nIn keeping with the fact that arbitration is grounded in the consent of the contracting parties, if all the parties involved do not consent then it is generally not possible to join a third party or to consolidate cases, no matter how powerful or compelling the reasons for doing so may be.\r\n\r\nIn the event a tribunal imposes such measures without the consent of all the parties, this may be a ground for having the award annulled. For example, when enforcement is sought abroad under the New York Convention of 1958 (an international treaty signed by 142 states (including the UAE) that governs how signatory states are to enforce foreign arbitral awards), one ground for refusing enforcement is if “the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties” (Art.V(I)(d)).\r\n\r\nHowever if the law of the state in which the arbitration takes place permits the local court or the arbitral tribunal to consolidate cases or include third parties against the wishes of the parties, then it may be argued that by choosing to have the arbitration in that state the parties have consented to be subject to such measures. Similarly, if the rules of the arbitral institution allow for such steps to be taken, then again the parties are likely to be deemed to have consented to them by virtue of choosing that institution. It is therefore important that parties consider carefully before choosing the seat of the arbitration and the institution that will be administering it.\r\n\r\n<strong>National laws</strong>\r\nMany national laws do not address the issue of third parties and the consolidation of cases. This is usually because they have been based on the model law created by UNCITRAL (the United Nations Commission on International Trade Law), which does not address these issues.\r\n\r\nThose national laws that do address these matters usually only allow them to occur on the condition that all the parties involved consent (as is the case under Dutch, Belgium, and Iranian law). Hong Kong is unusual in that it is possible in certain situations for the courts to order separate arbitrations to be consolidated against the wishes of the parties involved.\r\n\r\nThe UAE does not yet have a separate arbitration law, though one is currently being prepared. The present law is found in articles 203 – 218 of the Civil Procedure Law (Federal Law No.11 of 1992), but it does not address the issues of third parties and the consolidation of cases. It remains to be seen if the new law will change this, though a preliminary draft circulated in 2010 suggests that it will not.\r\n\r\n<strong>Institutions</strong>\r\nMost arbitrations are run through an arbitral institution, whose role is to provide administrative support to the parties and the Tribunal. Each institution has its own set of rules that the parties agree to be subject to. The rules of many institutions (such as the Dubai International Arbitration Centre; the Abu Dhabi Commercial Conciliation &amp; Arbitration Centre; and the ICC) do not explicitly address the issues of third party intervention and the consolidation of cases, though they often have provisions addressing how tribunals are to be formed where there are multiple parties (DIAC Rules Art.11; ICC Rules Art.10), and allowing for the consolidation of cases between the same parties (ICC Rules Art.4(6)).\r\n\r\nThe DIFC-LCIA has perhaps the most progressive rules of any arbitral institution in the region. Under its rules (which are based on those of its parent institution, the London Court of International Arbitration (LCIA)), the Tribunal has the power to join third parties even if one of the parties does not consent, provided the third party wishes to be joined and one of the parties to the arbitration makes the application (Art.22(h)). This can often come as a surprise to the non-consenting party, who may object to the inclusion of the third party for legitimate reasons such as a desire to keep confidential information from the third party.\r\n\r\n<strong>Solutions</strong>\r\nIf it is not possible to consolidate arbitrations or include a third party, then there is the unfortunate prospect of multiple arbitrations having to be conducted. This is expensive, time consuming, and may result in inconsistent awards.\r\n\r\nThere are however some methods which can be deployed to alleviate these problems. For example, the same tribunal can be appointed in both cases, thereby avoiding the prospect of inconsistent awards. The tribunal can also order that the evidence in one arbitration (including a transcript of the oral evidence) be made available in the other arbitration, subject to issues of confidentiality.|\r\n\r\nThe problem of having multiple arbitrations can also be avoided before any disputes arise. If a project involves multiple parties with interlinking responsibilities, then the parties should consider drafting their contracts so that they reference each other and explicitly allow for the consolidation of arbitrations or for the joining of third parties in the appropriate circumstances.\r\n\r\n<strong>Conclusion</strong>\r\nWe have seen that although the general position is that it is not possible to involve third parties or consolidate arbitrations against the will of the parties, there are exceptions to this and each case needs to be considered in light of the law of the seat of the arbitration and the rules of the arbitral institution that is administering it.\r\n\r\nIt can be said to be a weakness of arbitration generally that, unlike court litigation, there is no central authority with the power to join cases and involve third parties so as to avoid the waste of having multiple hearings regarding the same issues. However to have it otherwise would deprive arbitration of its most fundamental and attractive aspect – the freedom it allows contracting parties in deciding how their dispute is to be resolved, no matter how the parties choose to exercise that freedom.'),
	(192650,4284,'core_values',''),
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	(78534,4279,'_yoast_wpseo_metadesc','TRACE (A leading anti-bribery training and compliance organization) where Khaled Saqqaf, special counsel, Head of the Corporate & Commercial department in both the Jordan & Iraq offices, presented during their Annual Member Forum in Washington D.C.'),
	(78535,4280,'content','Saudi Arabia has recently announced new implementing regulations for web publication (the “Regulations”) which will come into force after one month from publication in the official gazette. The Regulation applies to owners (whether Saudi nationals or residents of Saudi Arabia) of web publication means operating from Saudi Arabia and foreign websites that are hosted in Saudi Arabia.\r\n\r\nThe Regulations regulate 13 types of web publications which are as follows:\r\n<ul>\r\n 	<li>Electronic newspapers;</li>\r\n 	<li>Media websites (TV, radio, newspapers, magazines…etc);</li>\r\n 	<li>Electronic advertising;</li>\r\n 	<li>Websites for displaying audio visual materials;</li>\r\n 	<li>Broadcast via mobile phone;</li>\r\n 	<li>Broadcast via other means;</li>\r\n 	<li>Forums (Montadyat);</li>\r\n 	<li>Blogs;</li>\r\n 	<li>Personal Websites;</li>\r\n 	<li>Mailing groups;</li>\r\n 	<li>Electronic archive;</li>\r\n 	<li>Chatting rooms; and</li>\r\n 	<li>Any form of web publishing that the Ministry of Information and Culture decides to add from time to time.</li>\r\n</ul>\r\nTypes 1-6 are subject to license and types 7-12 along with type 13, are subject to registration with the Ministry of Information and Culture. An applicant for a license must; (a) be a Saudi; (b) be no less than 20 years of age; (c) have high school certificate; (d) hold an appropriate license for the same activity; (e) be of good behavior and conduct; (f) have a specific mail address; (g) specify email address; (h) employ editors in chief who have been approved by the Ministry of Information and Culture; (i) have a domain name. An applicant for registration must; (a) be a Saudi or resident of Saudi Arabia ;(b ) be of good behavior and conduct; (c) have a specific mail address; (d) specify email address; (e) have an operational website.\r\n\r\nThe Regulations specify who is liable for the content published on the web. For example, the editor in chief or his deputy and the author are responsible for the content. Furthermore, the licensee must specify who is responsible for content, otherwise he will be liable. The owner of a personal website is responsible for the content.\r\n\r\nA person found to be acting in violation of the Regulations is subject to one of the following penalties:\r\n<ul>\r\n 	<li>Obligatory publishing of corrections;</li>\r\n 	<li>Fines;</li>\r\n 	<li>Compensation for infringement against private rights;</li>\r\n 	<li>Partial blocking;</li>\r\n 	<li>Temporary blocking for more than two months; or</li>\r\n 	<li>Total blocking.</li>\r\n</ul>\r\nThe Regulations provide a grace period of six months from publication in the official gazette for owners to register and obtain a license.'),
	(192118,4280,'core_values',''),
	(78536,4280,'_content','field_59b649b5c8b2b'),
	(78537,4280,'lawUpdateArticleMonth','4260'),
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	(78539,4280,'content_description','Saudi Arabia has recently announced new implementing regulations for web publication (the “Regulations”) which will come into force after one month from publication in the official gazette.'),
	(78540,4280,'_content_description','field_59b641c07f473'),
	(78541,4280,'pageSummary','Saudi Arabia has recently announced new implementing regulations for web publication (the “Regulations”) which will come into force after one month from publication in the official gazette.'),
	(78542,4280,'_pageSummary','field_59e59b307dec8'),
	(78543,4280,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/saudi-arabia-new-web-publishing-law.html'),
	(78544,4280,'_currentURL','field_59d35123ab1e7'),
	(78545,4280,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Salah Deeb'),
	(78546,4280,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(78547,4280,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','info@tamimi.com'),
	(78548,4280,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(78549,4280,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
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	(78551,4280,'lawUpdateArticleNoWriters','1'),
	(78552,4280,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(78553,4280,'_yoast_wpseo_metadesc','Saudi Arabia has recently announced new implementing regulations for web publication (the “Regulations”) which will come into force after one month from publication in the official gazette.'),
	(78554,4281,'content','Established in 1989, Al Tamimi &amp; Company is the largest law firm in the Middle East region today. We employ more than 365 staff, with offices throughout the UAE in Dubai, Abu Dhabi and Sharjah as well as offices in Qatar, Iraq, The Kingdom of Saudi Arabia, Jordan and Kuwait.\r\n\r\nAl Tamimi &amp; Company specialises in Banking &amp; Finance, Construction &amp; Engineering, Corporate Commercial, Dispute Resolution, Family Business &amp; Private Client Practice, Information Technology, Intellectual Property, Maritime, Aviation &amp; Insurance, Media, Projects, Property, and Telecommunications. An international team of high calibre lawyers ably serves clients from the United Kingdom, North America, Europe, the United Arab Emirates and several other Arab countries. Each member of our team of professionals and qualified administrative staff is fully committed to providing our clients with accurate, thorough and cost effective advice.\r\n\r\nWe pride ourselves on our complete knowledge of the laws and regulations applicable to our home jurisdiction and the commercial community abroad. Throughout the Middle East we regularly confer with government ministries and departments. The firm assists  multinational companies and family owned businesses in establishing operations in the Region independently, or in association with local partners. Our local clients, many of whom have business interests outside the United Arab Emirates, and the international   organisations who we work with, rely on our global perspective. We subscribe to the belief that the world of opportunity does not recognise national boundaries.\r\n\r\n<strong>International Expansion</strong>\r\nAl Tamimi &amp; Company has always been committed to providing exceptional service to its clients, anticipating their needs and consequently setting up specialist services in the appropriate locations. With three offices in Dubai, an office in Abu Dhabi, Sharjah, Baghdad, Riyadh and Amman Al Tamimi &amp; Company is at the forefront of the Middle Eastern legal market. In 2007 Al Tamimi &amp; Company announced a new division of the firm specifically dedicated to regional expansion efforts; Al Tamimi &amp; Company - International. This international division actively works to support clients’ regional needs and consequently continues to establish offices in locations throughout the Middle East &amp; North Africa.\r\n\r\nDUBAI - DIFC HEAD OFFICE\r\n6th floor, Building 4 East\r\nDubai International Financial Centre\r\nSheikh Zayed Road\r\nP.O. Box 9275, Dubai, U.A.E.\r\nTel : +971 4 3641 641\r\nFax : +971 4 3641 777\r\n<a href=\"mailto:info@tamimi.com\">info@tamimi.com</a>\r\n\r\nDUBAI INTERNET CITY\r\nAl Tamimi &amp; Company FZ-LLC\r\nBuilding No.5, G 08\r\nP.O. Box: 500188\r\nDubai, U.A.E\r\nTel: +971 4 391 2444\r\nFax: +971 4 391 6864\r\n<a href=\"mailto:infodic@tamimi.com\">infodic@tamimi.com</a>\r\n\r\nABU DHABI\r\nArab Tower, Suite 504\r\nHamdan Street\r\nP.O. Box 44046,\r\nAbu Dhabi, U.A.E.\r\nTel : +971 2 674 4535\r\nFax : +971 2 676 8762\r\n<a href=\"mailto:infoabudhabi@tamimi.com\">infoabudhabi@tamimi.com</a>\r\n\r\nSHARJAH\r\nAl Reem Plaza\r\n3rd floor, Suite 306,\r\nKhaled Lagoon\r\nPO Box 5099,\r\nSharjah, U.A.E\r\nTel : +971 6 572 7255\r\nFax : +971 6 572 7258\r\n<a href=\"mailto:infosharjah@tamimi.com\">infosharjah@tamimi.com</a>\r\n\r\nAMMAN, JORDAN\r\nPO Box 18055\r\nAmman, Jordan\r\nZip 11195\r\nTel: +962 6 577 7415\r\nFax: +962 6 577 7425\r\n<a href=\"mailto:infojordan@tamimi.com\">infojordan@tamimi.com</a>\r\n\r\nQATAR\r\nAdv. Mohammed Al Marri in association with Al Tamimi &amp; Company\r\n3rd floor Ras Abou Aboud, next to Abou Baker Al Siddik Mosque\r\nPO Box 23443\r\nDoha, Qatar\r\nTel: +97444572777\r\nFax: +974 4436 0921\r\n<a href=\"mailto:infoqatar@tamimi.com\">infoqatar@tamimi.com</a>\r\n\r\nBAGHDAD, IRAQ\r\nAl Karradah\r\nP. O Box No: 10014, Code 12921\r\nBaghdad, Iraq\r\nTel: +962 6 577 7415\r\nFax: +962 6 577 7425\r\n<a href=\"mailto:infoiraq@tamimi.com\">infoiraq@tamimi.com</a>\r\n\r\nRIYADH, KSA\r\n2nd floor, Sky Tower, (South Tower S.2.A).\r\nKing Fahad Rd.\r\nAl Olaia Area\r\nPO Box 300400\r\nRiyadh, KSA\r\nTel: +966 1 4169 666\r\nFax: +966 1 4169 555\r\n<a href=\"mailto:infoksa@tamimi.com\">infoksa@tamimi.com</a>\r\n\r\nKUWAIT CITY, KUWAIT\r\nKhaled Ibn Al Waleed Street, Sharq\r\nAl Dhow Tower, 16th Floor,\r\nPO Box 29551, Safat 13156\r\nKuwait\r\nTel: +965 2 296 6424\r\nFax: +965 2 224 6253\r\n<a href=\"mailto:infokuwait@tamimi.com\">infokuwait@tamimi.com</a>'),
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	(78530,4279,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','631'),
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	(78528,4279,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/khaled-saqqaf-presents-in-washington-dc-at-the-trace-annual-member-forum.html'),
	(78527,4279,'_pageSummary','field_59e59b307dec8'),
	(78525,4279,'_content_description','field_59b641c07f473'),
	(78526,4279,'pageSummary','TRACE (A leading anti-bribery training and compliance organization) where Khaled Saqqaf, special counsel, Head of the Corporate &amp; Commercial department in both the Jordan &amp; Iraq offices, presented during their Annual Member Forum in Washington D.C.'),
	(78498,4278,'_content','field_59b649b5c8b2b'),
	(78499,4278,'lawUpdateArticleMonth','4260'),
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	(78501,4278,'content_description','Introduction and Scope of this Article: The unprecedented financial crunch experienced globally has forced many businesses to question their existing corporate structures, and also to consider ways in which these structures can be realigned with minimum cost, which has, in some cases, necessitated winding up group companies.'),
	(78502,4278,'_content_description','field_59b641c07f473'),
	(78503,4278,'pageSummary','Introduction and Scope of this Article: The unprecedented financial crunch experienced globally has forced many businesses to question their existing corporate structures, and also to consider ways in which these structures can be realigned with minimum cost, which has, in some cases, necessitated winding up group companies.'),
	(78504,4278,'_pageSummary','field_59e59b307dec8'),
	(78505,4278,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/summary-winding-up-of-jebel-ali-free-zone-offshore-companies-avoiding-delay.html'),
	(78506,4278,'_currentURL','field_59d35123ab1e7'),
	(78507,4278,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Bilal Al Sabbah'),
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	(78509,4278,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','info@tamimi.com'),
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	(78518,4278,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(78519,4278,'_yoast_wpseo_metadesc','Introduction and Scope of this Article: The unprecedented financial crunch experienced globally has forced many businesses to question their existing corporate structures, and also to consider ways in which these structures can be realigned with minimum cost, which has, in some cases, necessitated winding up group companies.'),
	(78520,4279,'content','TRACE (A leading anti-bribery training and compliance organization) where Khaled Saqqaf, special counsel, Head of the Corporate &amp; Commercial department in both the Jordan &amp; Iraq offices, presented during their Annual Member Forum in Washington D.C.\r\n\r\nThe title, ‘Anti-Corruption Challenges in Iraq &amp; Afghanistan’, dealt with the major challenges Iraq faces in combating corruption. In part 1, Khaled presented an overview of the main Iraqi laws and regulations relating to anti-corruption and the steps taken in 2008 to combat corruption (particularly Iraq’s accession to the UNCAC), as well as reviewing Iraq’s main anti-corruption bodies, and particularly how effective they are in performing their functions.\r\n\r\nIn part 2, the focus Khaled presented on was the tendering process which dealt with; Public Contracts, Contracting Departments with in the Governments, Financial Requirements, Methods of Contracting, Notice of Tenders and finally the Tender Periods which leads into Final Approval. The conclusions of the presentation noted that;\r\n\r\nOECD conducted a public procurement review on Iraq, Improving Transparency within Government Procurement Procedures in Iraq: OECD Benchmark Report, and found that Iraq’s 2004 procurement law and supporting regulations provided extensive provisions adequately dealing with the whole of the procurement process.\r\n\r\nHowever, the following problems were identified:\r\n\r\n- Little co-ordination of procurement practices across government organizations, and  relatively non-existent co-ordination with Iraq’s other anti-corruption agencies\r\n- Lack of transparency in practice.\r\n- Problems relating to sub-contracting (no-accountability).\r\n\r\nThe Final Recommendations were;\r\n<ul>\r\n 	<li>Encourage and reward the reporting of corruption cases.</li>\r\n 	<li>Organize awareness campaigns about the causes of corruption, its negative impacts, and international best practices to combat it.</li>\r\n 	<li>Establish an independent committee with federal budget, which should have the competence to scrutinize public procurement contracts, and to initiate proceedings against offenders.</li>\r\n</ul>\r\nKhaled continued by explaining further relevant legislation, steps taken in 2008 to combat corruption, the establishment of anti-corruption agencies in Iraq, and the Iraqi approach of creating several authorities in charge of combating corruption in Iraq; each with its own individual competences.\r\n\r\nFor a full copy of both presentations, please contact Khaled Saqqaf at: <strong><a href=\"mailto:k.saqqaf@tamimi.com\">k.saqqaf@tamimi.com</a></strong>'),
	(192084,4279,'core_values',''),
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	(78522,4279,'lawUpdateArticleMonth','4260'),
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	(78524,4279,'content_description','TRACE (A leading anti-bribery training and compliance organization) where Khaled Saqqaf, special counsel, Head of the Corporate & Commercial department in both the Jordan & Iraq offices, presented during their Annual Member Forum in Washington D.C.'),
	(78450,4275,'_content','field_59b649b5c8b2b'),
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	(78453,4275,'content_description','David Yates, Head of Commercial IP and Technology, and his team have collaborated with business parks Dubai Internet City and Dubai Outsource Zone to produce the first edition of a newsletter “ICT in the UAE”.'),
	(78454,4275,'_content_description','field_59b641c07f473'),
	(78455,4275,'pageSummary','David Yates, Head of Commercial IP and Technology, and his team have collaborated with business parks Dubai Internet City and Dubai Outsource Zone to produce the first edition of a newsletter “ICT in the UAE”.'),
	(78456,4275,'_pageSummary','field_59e59b307dec8'),
	(78457,4275,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/al-tamimi-and-tecom-work-together-to-promote-ict-in-the-uae.html'),
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	(78463,4275,'_yoast_wpseo_metadesc','David Yates, Head of Commercial IP and Technology, and his team have collaborated with business parks Dubai Internet City and Dubai Outsource Zone to produce the first edition of a newsletter “ICT in the UAE”.'),
	(78464,4276,'content','There have been some recent developments in the intellectual property regimes of Iraq and Yemen.'),
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	(78482,4277,'content','In November 2010, Munir Suboh, an associate of the IP/IT Department, along with six senior inspectors of Dubai Customs, travelled to Germany to attend a highly specialized, anti-counterfeiting product recognition workshop. The workshop was organized and sponsored by the Global Quality Assurance Department of Japan Tobacco International Germany GmbH. JTI is a leading world-wide tobacco company that heavily invests in protecting the integrity of its brands and enforcement of its intellectual property rights against counterfeiters.\r\n\r\nThe key objective of the workshop was to give the participants from Dubai Customs, one of the major IP enforcement agencies in the UAE, specialized training in respect of JTI’s brands, and to share with the participants the latest techniques, instruments and investigation methodologies to assist Dubai Customs in distinguishing between genuine and counterfeit cigarettes.\r\n\r\nThe workshop included a detailed induction into the unique elements of genuine JTI products. The participants received a comprehensive orientation on practical elements that inspectors need to consider when trying to distinguish genuine JTI cigarettes from fakes. They also visited a JTI tobacco factory and observed the manufacturing process on the production lines. The training was concluded with a visit to the JTI Research &amp; Development Centre.\r\n\r\nThe Dubai Customs inspectors demonstrated a high level of knowledge and experience in IP enforcement. JTI issued certificates to the participants in recognition of their participation in the training workshop, and Dubai Customs presented JTI with a plaque to show its appreciation of the value of the training provided by JTI.\r\n\r\nMunir Suboh handles anti-counterfeiting activity in the UAE for JTI and has represented the company in various raids and legal actions. He accompanied the group from Dubai Customs to support the entire event on behalf of JTI.'),
	(192018,4277,'core_values',''),
	(78483,4277,'_content','field_59b649b5c8b2b'),
	(78484,4277,'lawUpdateArticleMonth','4260'),
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	(78486,4277,'content_description','In November 2010, Munir Suboh, an associate of the IP/IT Department, along with six senior inspectors of Dubai Customs, travelled to Germany to attend a highly specialized, anti-counterfeiting product recognition workshop.'),
	(78487,4277,'_content_description','field_59b641c07f473'),
	(78488,4277,'pageSummary','In November 2010, Munir Suboh, an associate of the IP/IT Department, along with six senior inspectors of Dubai Customs, travelled to Germany to attend a highly specialized, anti-counterfeiting product recognition workshop.'),
	(78489,4277,'_pageSummary','field_59e59b307dec8'),
	(78490,4277,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/jti-counterfeit-awareness-workshop-in-germany.html'),
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	(78493,4277,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
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	(78496,4277,'_yoast_wpseo_metadesc','In November 2010, Munir Suboh, an associate of the IP/IT Department, along with six senior inspectors of Dubai Customs, travelled to Germany to attend a highly specialized, anti-counterfeiting product recognition workshop.'),
	(78497,4278,'content','<strong>Introduction and Scope of this Article\r\n</strong>The unprecedented financial crunch experienced globally has forced many businesses to question their existing corporate structures, and also to consider ways in which these structures can be realigned with minimum cost, which has, in some cases, necessitated winding up group companies.\r\n\r\nAs offshore companies have often been used in cross-border transactions, they have recently been the subject of winding up with shareholders wanting to do this involving minimum costs.\r\n\r\nFor offshore companies set up in the Jebel Ali Free Zone Authority (“JAFZA”) the preferred mode, in most cases, has been the summary winding up (also called Voluntary Winding up).\r\n\r\nIn the background of the recent desire to keep group structures to the bare minimum in order to reduce costs, there can be several reasons why shareholders might wish to summarily wind up a JAFZA offshore company. A business may have run its course; the company may be inactive (and therefore not serving any useful purpose); or a shareholder may simply wish to receive his share of its assets. Whatever the reason, one should know that the process of winding up a company is not always a simple one and there are a number of matters that should therefore be considered beforehand, so that everything proceeds smoothly.\r\n\r\nThis article attempts to describe steps to be taken to summarily wind up a JAFZA offshore company. It is recognized that this Article may not address completely all the questions which may be relevant in this regard as it is intended to provide a quick insight into the subject matter covered: the article is designed as a starting-point for a more detailed and comprehensive consideration of the issues covered herein.\r\n\r\n<strong>Governing Regulatory Regime </strong>\r\nThe concept of the offshore was first introduced in Dubai in late 2001 but it took concrete shape on January 15, 2003 when Jebel Ali Free Zone Offshore Companies Regulations 2003 came into force. Jebel Ali Free Zone Offshore Companies Regulations 2003 (the “Regulations”) laid down detailed rules and regulations for offshore companies in JAFZA. The procedure which governs the summary winding up of a Jebel Ali offshore company is set out in Articles 70 to 79 of the Jebel Ali Offshore Regulations 2003.\r\n\r\nThe Regulations recognize three types of winding up and they are:\r\n<ul>\r\n 	<li>Summary winding up,</li>\r\n 	<li>Creditors’ winding up which applies after the commencement of a summary winding up, where the directors or the liquidator form the opinion that the offshore company has liabilities which it will be unable to discharge in full within six months after the commencement of the winding up; and</li>\r\n 	<li>Winding up by the court under the UAE Commercial Transactions Law No. 18 of 1993 (Volume 5, Bankruptcy and Preventive Composition) and other applicable legislation.</li>\r\n</ul>\r\n<strong>Preconditions for Commencement of Summary Winding up </strong>\r\n\r\nA process that avoids supervision of court\r\nIn case of summary winding up, the entire process is done without court supervision. When the winding up is complete, the relevant documents are filed before the Registrar for obtaining the letter of dissolution.\r\n\r\n<strong>Circumstances in which a company can be wound up summarily</strong>\r\nThe Regulations also set out certain circumstances in which a company may be wound up summarily and they are:\r\n<ul>\r\n 	<li>When the offshore company has no assets and no liabilities, or</li>\r\n 	<li>The offshore company has assets and no liabilities; or</li>\r\n 	<li>The offshore company is able to discharge its liabilities in full within six months after the commencement of the winding up which commences on the passing of shareholder(s) resolution for summary winding up.</li>\r\n</ul>\r\n<strong>Who can wind up the company?</strong>\r\nA summary winding up may be done only by the members of the offshore company. Article 18 of the Regulations defined the “Members” term by (1) the incorporators of an offshore company and (2) Every other person who agrees to become a shareholder of an offshore company, and whose name is entered in its register of members.\r\n\r\n<strong>Statement of Solvency</strong>\r\nTo commence the procedure an offshore company has to pass the so called Statement of Solvency for Summary Winding up. Article 71(2), which is relevant in this regard states as follows:\r\n\r\n“A statement of solvency shall be signed by each of the directors and state that, having made full inquiry into the offshore company’s affairs, each of them is satisfied:\r\n<ul>\r\n 	<li>That the offshore company has no assets and no liabilities; or</li>\r\n 	<li>That the offshore company has assets and no liabilities; or</li>\r\n 	<li>That the offshore company will be able to discharge its liabilities in full within six months after the commencement of the winding up, as the case may be.”</li>\r\n</ul>\r\n<strong>Difference between the law and practice</strong>\r\nIn practice, the Offshore Registrar would normally require that the statement of solvency be signed by all of the shareholders of the offshore company (as opposed to the directors as provided for in the law) or their duly authorized representatives.\r\n\r\n<strong>Repercussions of summary winding up on directors of company</strong>\r\nWhether or not a company’s directors are happy to allow their company to be wound up, the process may have very serious consequences for the directors involved. The three main areas that company directors need to be aware of are summarised below:\r\n<ul>\r\n 	<li>Freezing of Company Bank Accounts - Once a Summary Winding up notice is advertised in the newspaper by the registrar, it is assumed that this should be\r\nidentified by the company’s bank. Normally the bank will automatically suspend the company’s banking facilities until the winding up is either completed or terminated. Clearly, if banking facilities are suspended, this will make it very difficult to trade and cause serious disruption. There is normally no way to prevent this once a Summary Winding up has been issued.</li>\r\n 	<li>Director Investigation - As well as disposing of the company’s assets, the liquidator may, under Part 14 of the Regulations, request from the Registrar to appoint inspectors to investigate the affairs of the company and the activities of the company’s directors to ensure that they have acted properly and according to their directors duties as prescribed in the Regulations. If the appointed Inspector believes that the directors are guilty of wrongful trading (trading while knowing that the company was insolvent) and pointed out this conclusion in his report to the Registrar, the director in default will be personally responsible for such liabilities of the offshore company as are incurred at the time of his wrongful acts <sup>1 </sup>. In addition he might get banned from all current and future directorships for a period of time and he or she might risk being accused of committing an offence <sup>2 </sup>. This procedure is commonly known as blacklisting. If blacklisted, a director in default will have to give up all other directorships that he or she currently holds.</li>\r\n 	<li>If company directors are found guilty of continuing to allow a business to trade while insolvent or with lack of cooperation with the appointed liquidator, they may become personally liable for committing an offence.</li>\r\n</ul>\r\n<strong>Steps Towards Summary Winding up</strong>\r\n\r\nFirst – commencement, statement of solvency and appointment of liquidator\r\nAs mentioned above, the offshore company has to pass a Shareholder(s) Resolution calling for the commencement of the Summary Winding up and shall include:\r\n<ul>\r\n 	<li>A statement of the reason for Winding Up, and</li>\r\n 	<li>A statement of Insolvency, and</li>\r\n 	<li>A statement that the company is and will continue to be able to discharge or pay, provide for the payment of all claims, debts, liabilities and obligations in full, and</li>\r\n 	<li>A statement of the name and address of the appointed liquidator and the remuneration proposed to be paid to the liquidator.</li>\r\n</ul>\r\nIf a statement is delivered that confirms that the offshore company has assets and no liabilities the offshore company shall forthwith proceed to distribute its assets among its members according to their rights. In the event the statement provides that the offshore company will be able to discharge its liabilities in full within six months after the commencement of the winding up, the assets of the offshore company shall be applied in satisfaction of the offshore company’s liabilities and, subject to that application, shall be distributed as aforesaid.In both scenarios appearing above, the appointed Liquidator will review all of the company’s assets and try to sell them to repay the company’s members or creditors as may the case be. The company’s assets are sold and the surplus, if any, shall be distributed among the members, the liquidator, having made full inquiry into the offshore company’s affairs, shall apply to the Registrar for the business to be dissolved through submitting a statement that he is satisfied that the offshore company has no assets and no liabilities. The company will not be dissolved unless the statement is submitted before the Registrar.\r\n\r\n<strong>Second – return of originals</strong>\r\nAll originals which were given to the offshore company by the Registrar must be returned.\r\n\r\n<strong>Third – liquidators report</strong>\r\nThe appointed liquidator will need to formulate a liquidation report for the offshore company which will be submitted to the Jebel Ali Free Zone Authority. On the appointment of a liquidator all the powers of the directors cease except so far as the resolution appointing the liquidator or any subsequent resolution otherwise provides and, subject to any such resolution and to Regulation 75, all those powers shall thereafter be exercisable by the liquidator.\r\n\r\n<strong>Fourth - advertisement</strong>\r\nThe Registrar upon receipt of the above mentioned documentation will post an advertisement in a public news paper on the expense of the offshore members.\r\n\r\nAfter the collapse of 14 days period from the advertisement date the Registrar will issue a Letter of Dissolution for the offshore company unless reason is shown to the contrary.\r\n\r\n<strong>Some Relevant Aspects to Summary Winding up</strong>\r\n\r\nDoes the validity of an offshore company effect the commencement of Summary Winding up?\r\nThe Regulations are silent in this regard, but the offshore Register has adopted an approach to facilitate the Summary Winding up without extra expenses whereby it would be acceptable to file the winding up Resolution within 6 months of the expiry date, the period of 6 months is based on the fact that offshore companies can benefit from a grace period of 6 months after the commencement of winding up to settle their affairs. In this sense, summary winding up is not possible after 6 months of the expiry of the offshore company.\r\n\r\n<strong>Termination of Summary Winding up</strong>\r\nWhere the summary winding up of an offshore company has commenced; the termination of this winding up may only occur by instrument of a shareholder resolution approving the termination of the winding up process and provided that the offshore company has not for the purposes of the winding up distributed any of its assets among its members.  In addition, the offshore company must not have received any contribution from any present or past member pursuant to Regulation 100 which requires every present and past member which was a member for less than one year before the commencement of the winding up to contribute to its assets to an amount sufficient for payment of its liabilities arisen after their membership, and the expenses of the winding up.\r\n\r\n<strong>Distinction Between Winding up” and “Striking off” </strong>\r\nThe terms “Winding up” and “Striking off” are sometimes erroneously used to mean the same thing. However, they are quite different in their meanings. Winding up is a process whereby all assets of the company are realized and used to pay off the liabilities and members. Striking off of the company takes place after the entire process of winding up is over. Striking off practically ends the corporate existence of the company.\r\n\r\nPursuant to Article 113 of the Regulations the Registrar has been granted authority to strike off a company that he has cause to believe is not in business or operation. This is usually because documents have not been delivered by the company, and in particular because it has not been renewed annually, and because there has not been a response to statutory enquiries sent to the registered office. Notwithstanding the above, it is not a recognized practice in JAZFA Offshore Registration to strike off defunct offshore companies.\r\n\r\n<strong>Conclusion </strong>\r\nSummary winding up is currently being preferred as a way to wind up insolvent JAFZA off shore companies. This procedure is relatively quick, however, cannot be used for disputed debts and, if the offshore company has debts due to it, members of the offshore company should consider all the debt recovery options before proceeding down this path .\r\n\r\nFootnotes\r\n<sup>1 </sup>See Article 41 of the Offshore Regulations 2003\r\n<sup>2 </sup>Article 76 (7) of the Offshore Regulations 2003'),
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	(78401,4272,'_content','field_59b649b5c8b2b'),
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	(78404,4272,'content_description','The ongoing and rapid development of property-focused legislation in the Emirate of Dubai together with the large quantity of property decisions being made by the Dubai Courts, particularly the Court of Cassation, has led to the derision of new legal principles which are intended to guide the operation of the law.'),
	(78405,4272,'_content_description','field_59b641c07f473'),
	(78406,4272,'pageSummary','The ongoing and rapid development of property-focused legislation in the Emirate of Dubai together with the large quantity of property decisions being made by the Dubai Courts, particularly the Court of Cassation, has led to the derision of new legal principles which are intended to guide the operation of the law.'),
	(78407,4272,'_pageSummary','field_59e59b307dec8'),
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	(78418,4272,'_yoast_wpseo_metadesc','The ongoing and rapid development of property-focused legislation in the Emirate of Dubai together with the large quantity of property decisions being made by the Dubai Courts, particularly the Court of Cassation, has led to the derision of new legal principles which are intended to guide the operation of the law.'),
	(78419,4273,'content','February 2011\r\n\r\n<hr />\r\n\r\nThe World Intellectual Property Organisation (WIPO), along with the Mohammad Bin Rashid Establishment for SME Development (an agency of the Dubai Economic Department), recently organised a course entitled ‘Training of Trainers Programme on Effective Intellectual Property Management by Small and Medium Enterprises (SMEs) in Dubai’.\r\n\r\nAl Tamimi &amp; Company was pleased to support this five-day training programme, the first of its kind in the Arab region. Omar Obeidat, Partner and Head of Department IP/IT, presented on ‘IP Law and Administration in the UAE’. Faisal Daudpota, Senior Associate IP/IT, spoke on ‘Practical Tips for IP Rights Enforcement in the UAE’. Divya Rajesh, an IP Administrator in our IP/IT team, participated in the programme as a trainee.\r\n\r\nOmar Obeidat led the trainees through the laws governing patents, trademarks, designs, copyrights, trade secrets and unfair competition in the UAE. Omar also explained the filing processes, and provided statistical details relating to the registration of various intellectual property rights in the UAE. Interesting case studies were also presented, allowing the trainees to discuss, and better grasp, the presentation content.\r\n\r\nFaisal Daudpota broadly introduced IP enforcement options, and then explained in more detail the administrative, civil and criminal enforcement measures that are available in the UAE for patents, designs, copyrights, trade secrets and domain names. The practical tips that Faisal provided also generated a lively discussion amongst the participants.\r\n\r\nThe programme covered other subjects relating to IP, such as the role of IP in branding, the role of IP in strengthening the competitiveness of SMEs, managing IP in a digital economy, leveraging IP assets through licensing, franchising and merchandising, and basic IP services available from institutions supporting SMEs in Dubai and the UAE.\r\n\r\nThe programme was designed to create a group of trainers equipped with essential knowledge and skills to provide preliminary IP guidance to entrepreneurs, students and SMEs. Some of the trainees will have the opportunity to be involved in further training through WIPO’s ‘Train the Trainers’ programme.'),
	(192352,4273,'core_values',''),
	(78420,4273,'_content','field_59b649b5c8b2b'),
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	(78423,4273,'content_description','The World Intellectual Property Organisation (WIPO), along with the Mohammad Bin Rashid Establishment for SME Development (an agency of the Dubai Economic Department), recently organised a course entitled ‘Training of Trainers Programme on Effective Intellectual Property \r\nManagement by Small and Medium Enterprises (SMEs) in Dubai’.'),
	(78424,4273,'_content_description','field_59b641c07f473'),
	(78425,4273,'pageSummary','The World Intellectual Property Organisation (WIPO), along with the Mohammad Bin Rashid Establishment for SME Development (an agency of the Dubai Economic Department), recently organised a course entitled ‘Training of Trainers Programme on Effective Intellectual Property\r\nManagement by Small and Medium Enterprises (SMEs) in Dubai’.'),
	(78426,4273,'_pageSummary','field_59e59b307dec8'),
	(78427,4273,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/al-tamimi-company-supports-wipo-and-dubai-sme-in-training-the-trainers-on-ip-asset-management.html'),
	(78428,4273,'_currentURL','field_59d35123ab1e7'),
	(78429,4273,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','634'),
	(78430,4273,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(78431,4273,'lawUpdateArticlePractices','1'),
	(78432,4273,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(78433,4273,'_yoast_wpseo_metadesc','The World Intellectual Property Organisation (WIPO), along with the Mohammad Bin Rashid Establishment for SME Development (an agency of the Dubai Economic Department), recently organised a course entitled ‘Training of Trainers Programme on Effective Intellectual Property Management by Small and Medium Enterprises (SMEs) in Dubai’.'),
	(78434,4274,'content','February 2011\r\n\r\n<hr />\r\n\r\nOmar Obeidat, Partner and Head of Al Tamimi’s IP/IT Department, was re-elected to the Board of Directors of the Brand Owners Protection Group (BPG).\r\n\r\nThe BPG, the largest anti-counterfeit not for profit organization in the region, held its Annual General Meeting at the Fairmont Hotel on December 15, 2010 and elected its new Board of Directors, consisting of representatives of Al Tamimi &amp; Company, Nestle, Ford, Nissan, BAT, Nokia, and Rouse &amp; Co. During the annual meeting, which was attended by guests from Dubai Customs, Dubai Municipality and Dubai Department of Economic Development, Omar Obeidat gave a presentation to the delegates about the challenging areas in the IP Enforcement arena and addressed, to the officials, the ideas of BPG members in addressing these challenges. The BPG is a group of world leading brand owners and legal consultants who are alarmed at the continuous illicit replication of genuine goods and interested in the enforcement of Intellectual Property Rights. Based in Dubai, the BPG was founded in 2005 and carries out activities throughout the GCC member states and Yemen, and has engaged in many workshops aimed at training Government officers and enforcement agencies on anti-counterfeiting'),
	(78435,4274,'_content','field_59b649b5c8b2b'),
	(78436,4274,'lawUpdateArticleMonth','4260'),
	(78437,4274,'_lawUpdateArticleMonth','field_59da2a396b063'),
	(78438,4274,'content_description','Omar Obeidat, Partner and Head of Al Tamimi’s IP/IT Department, was re-elected to the Board of Directors of the Brand Owners Protection Group (BPG).'),
	(78439,4274,'_content_description','field_59b641c07f473'),
	(78440,4274,'pageSummary','Omar Obeidat, Partner and Head of Al Tamimi’s IP/IT Department, was re-elected to the Board of Directors of the Brand Owners Protection Group (BPG).'),
	(78441,4274,'_pageSummary','field_59e59b307dec8'),
	(78442,4274,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/al-tamimi-company-re-elected-to-the-board-of-bpg.html'),
	(78443,4274,'_currentURL','field_59d35123ab1e7'),
	(78444,4274,'lawUpdateArticlePractices_0_lawUpdateArticlePractice','634'),
	(78445,4274,'_lawUpdateArticlePractices_0_lawUpdateArticlePractice','field_59dc79c8e10ce'),
	(78446,4274,'lawUpdateArticlePractices','1'),
	(78447,4274,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(78448,4274,'_yoast_wpseo_metadesc','Omar Obeidat, Partner and Head of Al Tamimi’s IP/IT Department, was re-elected to the Board of Directors of the Brand Owners Protection Group (BPG).'),
	(78449,4275,'content','February 2011\r\n\r\n<hr />\r\n\r\nDavid Yates, Head of Commercial IP and Technology, and his team have collaborated with business parks Dubai Internet City and Dubai Outsource Zone to produce the firsedition of a newsletter “ICT in the UAE”. The first edition, issued in two parts, covered the following topics: “IT Outsourcing Governance”; “Best Practice: Latest Issues in Outsourcing Contracts”; “Online Promotional Campaigns: Pitfalls and Permits” and “Cyber Crimes in the UAE”. The business parks issued a media release to promote the publication, posted the publication on their websites and are distributing copies to media outlets and business park partners. Anyone who is interested in obtaining a copy can contact David directly at <strong><a href=\"mailto:d.yates@tamimi.com\">d.yates@tamimi.com</a> </strong>or you can download the report from <strong><a href=\"http://localhost:8888/tamimi/\">www.tamimi.com</a></strong>\r\n\r\nDavid and his team are now working on the next edition which will focus on various legal issues arising from e-commerce. ICT is an area of continuing growth throughout the Middle East and Al Tamimi &amp; Company is well placed to provide quality legal services to a broad range of clients in this area. “ICT in the UAE” is to be a regular publication which leverages from our firm’s already strong relationship with TECOM business parks, built over a number of years through the continued efforts of Samer Qudah, Partner and Omar Obeidat, Partner and Head of IT/IP among others.'),
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	(78383,4271,'content_description','A commercial action was filed by an individual resident (“the Claimant”) against a PSC company in Dubai (“the Defendant”).'),
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	(78385,4271,'pageSummary','A commercial action was filed by an individual resident (“the Claimant”) against a PSC company in Dubai (“the Defendant”).'),
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	(78387,4271,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/murabaha-contracts.html'),
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	(78398,4271,'_lawUpdateArticlePractices','field_59dc7918de021'),
	(78399,4271,'_yoast_wpseo_metadesc','A commercial action was filed by an individual resident (“the Claimant”) against a PSC company in Dubai (“the Defendant”).'),
	(78400,4272,'content','February 2011\r\n\r\n<hr />\r\n\r\nThe ongoing and rapid development of property-focused legislation in the Emirate of Dubai together with the large quantity of property decisions being made by the Dubai Courts, particularly the Court of Cassation, has led to the derision of new legal principles which are intended to guide the operation of the law.\r\n\r\nLaw No. 13 of 2008 was issued on 14 August 08 and was published in the Official Gazette on 31 August 2008; its date of entry into force.\r\n\r\nArticle 11 of Law No. 13 of 2008 was amended by Law No. 9 of 2009 (which was issued on 12 April 2009). Further, on 14 February 2010, Executive Council Decision No. 6 of 2010 promulgated the Implementing Regulations to complement Law No. 13 of 2008. The amendments and Implementing Regulations clarify and explain more clearly the correct application of the law and the legislator’s intention.\r\n\r\nNaturally, prior to the introduction of the amendments and Implementing Regulations, the Dubai Courts were deciding cases. Consequently, court decisions issued after the promulgation of Law No. 13 of 2008 and the formation of property courts in Dubai serve not as a mandatory precedent but as a non-binding guide for the courts, which are compelled to rule based on their understanding of the legal provisions and legislation in force at the time their decisions are rendered. Careful consideration of the relevant laws and decisions is therefore necessary to understand how they are applied.\r\n\r\nIt is worth noting at this point that the most contested provision in Law No. 13 of 2008 is Article 3, which reads as follows:\r\n<ul>\r\n 	<li>“The Interim Real Estate Register is used to record all disposals of Real Estate Units off plan. Any sale or other disposition that transfers or restricts title or any ancillary rights shall be void if not recorded on that Register</li>\r\n 	<li>Any developer who made a sale or other disposition that transferred or restricted title prior to the coming into force of this Law should approach the Department to get it registered in the Real Estate Register or the Interim Real Estate Register, as applicable, within 60 days after the date on which this Law came into force.”</li>\r\n</ul>\r\nA careful reading of this Article reveals two distinct phases:\r\n\r\nPhase One: Pre-31 August 2008\r\n\r\nPhase Two: Post-31 August 2008\r\n\r\nContracts executed during Phase One are not referred to as void contracts. On the contrary: they are considered valid and effective contracts given that developers are asked to register them within the 60 day deadline mentioned. In essence, Phase One contracts are valid and effective but conditional on registration. Phase Two contracts are void if they are not registered in the Interim Real Estate Register, as explicitly provided in Article 3.\r\n\r\nThis interpretation was confirmed by Article 3 of Executive Council Decision No. 6 of 2010, which states:\r\n\r\n“If the main developer or sub-developer applies to register a legal disposition over the real estate unit after the 60 day deadline stipulated in subsection 2 of Article 3 of the Law, the Department shall proceed as follows:\r\n<ul>\r\n 	<li>To register the legal disposition in the Interim Real Estate Register.</li>\r\n 	<li>To charge the developer a fine of AED 10,000 (UAE Dirhams Ten Thousand).</li>\r\n</ul>\r\nAgain, Phase One contracts may be registered but subject to a fine if registration is not carried out within the designated 60 day period. Phase One contracts are not void, but are conditional on registration. This approach is further confirmed by Article 210 of the Federal Civil Transactions Code which provides:\r\n<ul>\r\n 	<li>A void contract is one which is unlawful in its essence and form, lacking the elements of a contract or defective in its subject matter or purpose or form as laid down by law for the making of a contract, and such contract shall be of no effect and shall not be capable of being rectified by consent.</li>\r\n 	<li>Any interested person may assert nullity and a judge may so rule of his own motion.</li>\r\n 	<li>No action for a declaration that a contract is void shall be entertained after 15 years from the date the contract was made, but any interested person may plead nullity of the contract at any time.</li>\r\n</ul>\r\nA void contract is of no effect and cannot be rectified by consent. Article 3 of Law 13 of 2008 deals with, in respect of Phase One, conditional contracts. At most, unregistered Phase One contracts can be considered defective contracts within the meaning of Articles 211 &amp; 212 of the Civil Transactions Code:\r\n\r\nArticle 211\r\n<ul>\r\n 	<li>If part of a contract is void the entire contract shall be void unless the subject matter of each part is (separately) specified in which case it shall be void as to the void part, and the remainder shall be valid.</li>\r\n 	<li>If part of a contract is dependent upon the grant of consent, then if the consent is given the whole contract will be effective and if the consent is not given only that part will be void together with the consideration therefore, and the remainder of the contract with its consideration will remain valid.</li>\r\n</ul>\r\nArticle 212\r\n<ul>\r\n 	<li>A defective contract is one which is lawful in its essence but not in form, and if the cause of the defect is removed, the contract becomes valid.</li>\r\n 	<li>A transfer of ownership under a defective contract shall only be effective if the property itself has been received.</li>\r\n 	<li>A defective contract shall only have effect within the scope laid down by the provisions of the law</li>\r\n 	<li>Each of the parties to the contract and their heirs shall have the right to cancel the contract after giving notice to the other parties.</li>\r\n</ul>\r\nOn 24 October 2010, the Dubai Court of Cassation in Property Appeal No. 85-10, upheld the decisions of the lower courts which had been issued prior to the implementing regulations and the now settled practice of regarding the 60 days as a regulatory deadline.\r\n\r\nI therefore suggest a fresh look at the issue, given the importance of both distinguishing between a void contract and a suspended or defective contract and recognising the effects of declaring a contract void and ordering it rescinded for non-registration. These questions are of paramount importantance as a court may rescind a contract for genuine reasons to do with the contractual relationship and the performance of contractual obligations, which would give rise to a right to claim damages, whereas according to Article 210 of the UAE Civil Transaction Code, a void contract produces no effect.\r\n\r\nThe intention of this article is to encourage reflection on how the changing laws of Dubai are applied and to draw attention to the importance of the performance and enforcement of contracts and the exercise of judicial discretion under Article 272 and 273 of the Civil Transactions Code. The promotion of legal discussions in this vital area should be encouraged due to the rapid evolution of legislation and precedents.'),
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	(78370,4270,'pageSummary','February 2011\r\n\r\n<hr />\r\n\r\nLaw No. 7 of 2006 Concerning Real Property Registration in the Emirate of Dubai (“Law No. 7”) regulates foreign ownership in Dubai.'),
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	(78379,4271,'content','February 2011\r\n\r\n<hr />\r\n\r\nA commercial action was filed by an individual resident (“the Claimant”) against a PSC company in Dubai (“the Defendant”).\r\n\r\nThe Claimant requested the Court to:\r\n<ul>\r\n 	<li>Order the Defendant to annul a Murabaha contract, concluded on 2 June 2009 and amounting to AED 17,209,775;</li>\r\n 	<li>Direct the Defendant to re-pay AED 651,775, representing the first installment of the purchase price stipulated in the Murabaha contract ;</li>\r\n 	<li>To direct the Defendant to return the original cheque (dated 14 May 2008) issued for the remaining\r\nbalance (AED 16,588,000) (Balance) of the purchase price.</li>\r\n</ul>\r\nThe Claimant expressed his willingness to assign to the Defendant all the shares that had previously been transferred by the Defendant into the Claimant’s account with another company through a finance loan concluded previously on 20\r\nSeptember 2005.\r\n\r\nIn June 2009, the Defendant submitted a reply memorandum requesting the Court to dismiss the Claimant’s case as the facts presented by the Claimant were not correct. The Defendant followed this by filing a counterclaim on 14 July 2009 wherein it requested the Court to direct the Claimant to pay the Balance plus 9% interest from the due date until full payment.\r\n\r\nThe basis of the Defendant’s counterclaim can be summarized as follows:\r\n\r\nIn 2005 the Claimant had applied for a finance loan to buy some shares valued at AED 12 million. The Defendant contended that the Claimant signed a finance facility offer, which prescribed that finance installments and profits were to be paid on a bi-annual basis. The Defendant submitted that in light of these conditions it had granted the Claimant the requested finance but that the latter failed to pay the due amount as agreed previously.\r\n\r\nThe Claimant requested renewal of the Murabaha contract for another term with the amounts due rescheduled. The Defendant accepted the Claimant’s request and on 8 May 2007 it renewed the Murabaha contract; granting the Claimant a new payment schedule. Accordingly the Claimant paid the first due installment, amounting to AED 651,775, and issued a cheque for the Balance. The Defendant contended that the Claimant failed to pay the remaining outstanding amount and had instead proceeded and initiated legal proceedings.\r\n\r\nAs part of its case, in October 2009 the Defendant submitted a settlement agreement (“the Agreement”) to the Court which had been previously executed by both parties. The Agreement contained an acknowledgement by the Claimant that he had previously concluded a Murabaha Agreement with the Defendant amounting to AED 16,558,000. The Claimant acknowledged further in this Agreement that the Murabaha Contract expired 11 months prior to execution of the Agreement, and that due to his liquidity problems, had failed to pay the Balance. The Defendant contended that because of his liquidity problems, the Claimant had requested the Defendant to re-schedule payment of the Balance through 16 cheques amounting to AED 1,000,000 each, with the first cheque to be due upon the expiration of one year from the date the Agreement was concluded.\r\n\r\n<strong>Court of First Instance</strong>\r\nOn 18 November 2009 the Court of First Instance appointed an accountant expert specialized in Islamic Finance to investigate the matter. On 14 February 2010 the Court referred the case to the Special Judicial Committee established by Decree No. 61/2009.\r\n\r\nThe Special Judicial Committee established by Decree No. 61/2009. On 5 April 2010 the appointed expert submitted his report to the Committee. The expert concluded that the Claimant received an amount of AED 11,879,204.80 out of AED 12M facility limits under the first Murabaha made on 20.09.05 and had received the sum of AED 3,290,774 out of the facility limit granted to him under the Share Sale and Purchase Contract dated 09.02.06.\r\n\r\nThe Claimant argued the following points before the Committee:\r\n<ul>\r\n 	<li>The Murabaha Contract was an adhesive contract;</li>\r\n 	<li>The finance loan obtained by the Claimant was void because it deprived him of the opportunity to manage his shares as the trading activities were carried out by a financial intermediary appointed by the Defendant.</li>\r\n 	<li>The Murabaha Contract was not compliant with Islamic principles because it did not specifically identify the goods\r\nwhich were the subject of the Murabaha contract.</li>\r\n</ul>\r\nThe Claimant argued that one of the requirements of a Murabaha instrument is that the goods purchased by the bank are specified.\r\n\r\nIn dismissing the Claimant’s argument that the Murabaha Contract was a contract of adhesion the Committee outlined the three essential characteristics of such contracts:\r\n<ul>\r\n 	<li>The contract must relate to an essential product or service indispensable to consumers who cannot obtain the essential product or service except by acquiescing to the terms of the contract;</li>\r\n 	<li>One of the parties retains a monopoly over the product or service or faces limited competition in supplying the product or service; and</li>\r\n 	<li>The supplier of the products or services offers it to consumers on a “take it or leave it” basis where consumers have neither a choice in negotiating the terms nor an opportunity to decline.</li>\r\n</ul>\r\n<strong>The Committee’s determination</strong>\r\nThe Committee determined that the purchasing and trading of shares did not qualify as essential products indispensable to the Claimant, who was under no obligation to contract with the Defendant in this regard.\r\n\r\nThe Claimant’s argument that he had been deprived of the opportunity to manage his shares was also dismissed by the Committee. The Committee held that the arrangement whereby a third party appointed by the Defendant was responsible for managing the Claimant’s shares was not akin to gambling or betting and did not entail harm to the Claimant.\r\n\r\nThe third defense, which related to the alleged non-compliance with Islamic finance principles of the subject Murabaha was rejected by the Committee. The basis for the rejection was that an Islamic Bank, which concludes a Murabaha with a party, is permitted to charge a percentage on the increase in the price (i.e. the increase in the original price of the merchandise specified in the Murabaha) as compensation for the damages the Bank incurs due to a default in payment. The Committee held that this was in accordance with the Islamic principle of no harm and no reciprocated harm, “la Darar wa la Darar” and would not be considered as Usury (Rebaa) or Tawaruq (cash procurement).\r\n\r\nAccordingly, the Committee ordered the Claimant to pay to the Defendant the Balance, plus legal fees. The Committee noted that the Claimant had not, at any stage during the proceedings, actually disputed that the Balance was owed to the Defendant.'),
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	(78359,4269,'pageSummary','Al Tamimi &amp; Company’s Property Practice provides a comprehensive range of legal services across the Middle East, covering all areas relevant to the property industry.'),
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	(78361,4269,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/in-focus-property.html'),
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	(78364,4270,'content','February 2011\r\n\r\n<hr />\r\n\r\nLaw No. 7 of 2006 Concerning Real Property Registration in the Emirate of Dubai (“Law No. 7”) regulates foreign ownership in Dubai. Article 4 of Law No. 7 provides that foreign persons may, subject to the approval of the Ruler, be granted the following rights in certain areas:\r\n<ul>\r\n 	<li>The right to acquire freehold ownership of real property without restrictions as to time; and</li>\r\n 	<li>The right to acquire a usufruct or leasehold right over real property for a period not exceeding 99 years.</li>\r\n</ul>\r\nThe word “Person” is defined in Law No. 7 as a “natural or legal person”. Since offshore companies are legal persons, from a strict legal point of view no restrictions on offshore companies owning real property in Dubai exist pursuant to Law No. 7.\r\n\r\nIn practice many offshore companies own properties in Dubai, but the Government has been concerned that these may be used as vehicles for money laundering considering that such companies do not have a physical address and it is not easy to track the identity of their shareholders and the source of their money. Some investors prefer to use offshore companies to avoid applying the Shari’a rules in relation to inheritance and to avoid paying the sale registration fee to the Land Department by instead transferring the shares of the offshore company abroad.\r\n\r\nDubai Government represented by the Land Department and as part of its policy in fighting money laundering issued a circular recently to prohibit offshore companies (except those incorporated in Jebel Ali Free Zone) from owning properties in Dubai. The force of this circular is non-retrospective and will apply solely to new registrations for property ownership at the Land Department from 1st January 2011.\r\n\r\nForeign companies and free zone companies incorporated in the UAE are not affected by the new circular as these companies are not considered to be offshore.\r\n\r\nIn our opinion investors’ concerns about the implementation of Shari’a is due to lack of knowledge of the local Shari’a law since non-muslims can choose not to have Shari’a law apply to their estates by writing a Will or by all beneficiaries agreeing to apply the inheritance law of their own country.\r\n\r\nAvoiding Land Department fees is no longer possible because the Land Department has started to record the names of the shareholders on the title deed and any change in shareholding will be treated as a sale of the property, incurring a 2% registration fee.\r\n\r\nWe set out below the circular issued by the Land Department.\r\n\r\nAl Tamimi and Company are registered agents for the purposes of, and can assist clients with establishing, offshore companies in the Jebel Ali Free Zone. Further, our Property Practice can provide all required assistance in registering clients’ properties at the Dubai Land Department.\r\n\r\nGuidelines for registering Offshore Companies in Dubai\r\nThe Land Department is pleased to issue the following guidelines for corporations, individuals, firms and practitioners seeking to register property in the name of offshore companies:\r\n<ul>\r\n 	<li>From January 2011, only those companies formally registered as offshore entities with Jebel Ali Free Zone Authority (JAFZA) alone, will be considered eligible to register their properties with the Land Department.</li>\r\n 	<li>The force of these guidelines is non-retrospective. The measures apply solely to new registrations after the approved date.</li>\r\n 	<li>Dubai real estate currently registered with the Land Department and held by companies established in other offshore jurisdictions is not affected by the provisions of these guidelines.  However, any request made after January 1, 2011 by such entities to register additional real estate with the Department must accord with the requirement for JAFZA registration before it will be considered.</li>\r\n 	<li>In order to consider registering the real estate interests of an offshore entity the Department will require the following original documents from such entities:</li>\r\n 	<li>Jebel Ali Free Zone-issued Registration Certificate (please attach: Shareholders certificate and Memorandum of Association).</li>\r\n 	<li>Separate formal undertaking to notify the Land Department of any change share ownership of the entity.</li>\r\n</ul>\r\nThese guidelines are effective from January 1, 2011.'),
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	(78336,4268,'pageSummary','Parties engaged in arbitration are, broadly speaking, free to decide how evidence is to be taken and handled during the arbitral process.'),
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	(78340,4268,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Robert Karrar-Lewsley'),
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	(78342,4268,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','r.lewsley@tamimi.com'),
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	(78330,4268,'content','February 2011\r\n\r\n<hr />\r\n\r\nParties engaged in arbitration are, broadly speaking, free to decide how evidence is to be taken and handled during the arbitral process. The parties can tailor the rules of evidence to meet the particular requirements of their dispute, rather than having unfamiliar or less efficient rules forced upon them by a court. This flexibility is one of many advantages that arbitration has over court litigation.\r\n\r\nAgreeing what the rules of evidence will be in an arbitration can be difficult. If the Tribunal and the parties’ respective legal representatives come from different legal backgrounds, they may have differing and sometimes contradictory expectations as to how evidence is to be presented and adduced. This is often the case in arbitrations in the Middle East where common law lawyers from the West and regionally-trained civil law lawyers may be involved in the same case. This presents a risk that time and money will be wasted deciding and arguing over what rules of evidence to apply.\r\n\r\nA solution to this problem is for the parties to adopt, either as guidelines or as binding rules, the IBA Rules of Evidence<sup> 1 </sup>(“the IBA Rules”), which are a full set of evidential rules issued by the International Bar Association (an international association of lawyers and lawyer’s associations). Although the Rules draw upon both the common law and civil law traditions, it is the common law influence which is most apparent. The Rules provide mechanisms for the presentation of documents, the management of witnesses of fact, expert witnesses, inspections, as well as the conduct of the evidentiary hearing itself. They are designed to supplement whatever other rules may apply (be they imposed by the local law or by the arbitration centre under whose auspices the arbitration is being conducted), and their aim is to ensure an efficient, economical and fair process for the taking of evidence.\r\n\r\nThe Rules were first issued in 1983 and have proven to be extremely successful, being routinely used in arbitrations around the world. They were revised in 1999, and in May 2010 a further version was issued, having been amended by the IBA Rules of Evidence Review Subcommittee (of which Essam Al Tamimi of this firm is a member).\r\n\r\nSince the Rules are widely used in arbitrations in the Middle East, it is important for those involved in arbitrations to be aware that a number of significant changes have been implemented in the May 2010 version. A number of these changes are highlighted and discussed below.\r\n\r\n<strong>Title</strong>\r\nThe title of the previous Rules was “The IBA Rules on the Taking of Evidence in International Commercial Arbitration”, but that title has now been revised to remove the word “commercial”. A small change perhaps, but an acknowledgment that these Rules, though originally intended for commercial arbitration, have been and continue to be used in a wide variety of disputes. The title of the Rules now reflects the intention that they are to be used in all manner of arbitrations.\r\n\r\n<strong>Preamble</strong>\r\nThe preamble contains general statements as to how the Rules are intended to operate. Although broadly the same as the previous version, the new preamble now states that the taking of evidence shall be conducted in accordance with the principle that the parties “shall act in good faith”. The principle is also reflected in a new paragraph in Article 9 which states that if the Tribunal determines that a party has failed to conduct itself in good faith then this may be taken into account when costs are decided (Article 9.7).\r\n\r\nIt is not however clear how this positive obligation to act in good faith will be interpreted in practice. For example, although the parties are not obligated to disclose material harmful to their case unless requested, it could be argued that withholding such material is a failure to act in good faith. As with all other aspects of the arbitral process, the parties will need to trust that the Tribunal (which they have chosen) will interpret the Rules and this duty appropriately.\r\n\r\nThe inclusion of this explicit duty is also helpful in stressing to the parties that they are not to abuse the relative informality and privacy of an arbitral hearing by taking anything less than a good faith approach to the taking of evidence.\r\n\r\n<strong>Confidentiality of Documents</strong>\r\nAnother important advantage that arbitration has over litigation is that, generally speaking, the parties will agree that documents disclosed during the arbitration will remain confidential and are only to be used in connection with that arbitration.\r\n\r\nParties need to be aware however that the revised Rules explicitly state that this confidentiality will not apply where “disclosure may be required of a Party to fulfill a legal duty, protect or pursue a legal right or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority” (Article 3.13).\r\n\r\nThis means that a party will likely be deemed to have waived confidentiality for the purposes of those exceptions should the issue be raised before a court. The reference to “bona fide judicial proceedings” is helpful in that it prevents a mischievous party from bringing proceedings in public with the sole aim of breaching confidentiality, but parties will nonetheless want to take care that when they agree to use the IBA Rules on Evidence they are not giving up their right to keep documents confidential any more than they are compelled to under national laws. This may require amending Article 3.13.\r\n\r\n<strong>Expert Witnesses</strong>\r\nParties will sometimes instruct experts to give evidence on technical issues. Although the party will have paid the expert for his evidence, it is important that the expert remain neutral, as biased evidence is of little assistance to the Tribunal.\r\n\r\nIn the previous version of the Rules an expert was obliged to declare any present or past relationships he may have with the parties. The revised rules go further and add that the expert must declare any present or past relationships with the parties’ legal advisors and the Tribunal. The expert must also describe the instructions he has received and state that he is independent of the parties, their legal advisors and the Tribunal, regardless of who has instructed him (Article 5.2).\r\n\r\nIt is hoped that these additional requirements will go some way in ensuring that experts remain independent, and that they do not develop longstanding relationships with particular law firms or companies that may impair their ability to remain neutral.\r\n\r\n<strong>Witness Conferencing</strong>\r\nThe rules regarding the evidentiary hearing have been amended in a number of ways, but an interesting development is the explicit reference to the use of “witness conferencing” (Article 8.3(g)).\r\n\r\nWitness conferencing is where witnesses who speak to a particular issue are questioned at the same time and in confrontation with each other. This can apply both to expert witnesses and witnesses of fact. This has the benefit of allowing the Tribunal to explore a particular issue whilst directly comparing the conflicting witness evidence. It can be a very effective tool, and one that would not readily be available in court. By explicitly endorsing this method it is hoped that it will become more prevalent.\r\n\r\n<strong>Privilege</strong>\r\nThe previous rules acknowledged that there are times when evidence is to be excluded due to legal privilege. However since lawyers from different backgrounds differ as to the circumstances in which legal privilege applies, the revised rules now helpfully set out a list of six factors that the Tribunal may take into account when deciding on this issue (Article 9.3).\r\n\r\nOne of these factors is the expectations that the parties and their advisors had at the time privilege is said to have arisen (Article 9.3(c)). This general provision will give parties greater confidence that they will not be expected to disclose material which they would expect to be privileged under the legal and ethical rules of their home jurisdictions. This is important since if a party fails to comply with an order from the Tribunal to disclose a document, the Tribunal may make adverse inferences (Article 9.5) and may also conclude that the party has failed in its duty to act in good faith, which would likely have adverse costs consequences (Article 9.7).\r\n\r\n<strong>Conclusion</strong>\r\nThe above discussion merely highlights some of the more important changes that have been incorporated in the May 2010 version of the IBA Rules of Evidence. By revising them the IBA has achieved its aim of keeping the Rules modern and practical, ensuring that they will continue to be used in arbitrations for many years to come.\r\n\r\nFootnote\r\n<sup>1</sup><a href=\"http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx\">www.ibanet.org/Publications/publications_\r\nIBA_guides_and_free_materials.aspx</a>'),
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	(78310,4266,'_yoast_wpseo_metadesc','The popularity of arbitration in the Middle East continues to grow, and in January 2010 Bahrain’s BCDR-AAA became the latest in a number of arbitration centres to open in the region.'),
	(78311,4267,'content','February 2011\r\n\r\n<hr />\r\n\r\n<strong>Claim and facts of the case</strong>\r\nParty A filed a suit before the Dubai Court of First Instance seeking a judgment confirming an arbitration award in which Party B and Party C, a joint venture, were ordered to pay Party A the amount of AED 400,000 plus 9% interest from the due date of 20 July 2003, until full payment in addition. Part B was also awarded the costs of the arbitration.\r\n\r\nParty A had sought a judgment against Party B and Party C in relation to a subcontract for the supply and installation of lifts in a Residential Complex in Al Nahda, Sharjah.\r\n\r\nUpon completion of the works by Party A, Party B and Party C had refused to pay the final installment payment of AED 400,000 (which represented the amount withheld against maintenance works) without any legal justification. In the first hearing before the Court, Party B pleaded the existence of an arbitration clause in the agreement. Accordingly, Party A amended its case and requested the Court to appoint an arbitrator to conclude the dispute between the parties.\r\n\r\nThe sole arbitrator’s award required Party B and Party C to pay jointly and severally the amount of AED 400,000 together with 9% interest per annum from the due date until full payment to Party A. Further, Parties B &amp; C were required to jointly and severally pay AED 14,000 as arbitration fees.\r\n\r\nAccordingly, Party A filed a case with the Dubai Courts seeking to enforce the award. Party B and Party C filed an interlocutory application requesting the Court to invalidate the award/set aside the award.\r\n\r\n<strong>Court of First Instance </strong>\r\nThe Court of first instance ruled in favor of Party A and ratified the arbitral award. Consequently, Parties B &amp; C appealed to the Court of Appeal.\r\n\r\n<strong>Court of Appeal</strong>\r\nIn reversing the lower court’s decision, the Court of Appeal ruled that the arbitration award should be set aside. Subsequently, Party A appealed to the Court of Cassation.\r\n\r\nThe Court of Cassation (Date of Judgment 17 November 2009)\r\n\r\nParty A argued that the Court of Appeal erred in its decision to overturn the decision of the Court of First Instance. The sole reason proffered by the Court of Appeal was that the arbitrator did not sign each and every page of the arbitral award. Party A referred to Article 212 of the UAE Civil in arguing that one of the essential requirements of an arbitration award is the signature of the arbitrator who has issued the award.\r\n\r\nArticle 212(5) provides as follows:\r\n\r\n“The arbitrators’ award shall be passed by a majority and shall be made in writing and accompanied by the dissenting vote. In particular, the award shall contain a copy of the arbitration agreement, a summary of the statements of the parties, their documents, the grounds and context of the award, the date and place of issue and the signatures of the arbitrators. Should one or more arbitrators refuse to sign the award, such refusal shall be stated in the award; provided, however, that the award shall be valid if signed by a majority of the arbitrators.”\r\n\r\nArticle 212(7) provides as follows:\r\n\r\n“The award shall be deemed to have been issued from the date of signing the same by the arbitrators.”\r\n\r\nThe Court of Cassation upheld Party A’s defense. The Court determined that one of the essential requirements of an arbitration award is the signature, on the award, of the arbitrators who have issued the award. The Court further explained that from a legal point of view; the signature is the only evidence of the existence of the award, which refers to both the ultimate decision and the grounds reached in support of that ultimate decision. The Court of Cassation therefore found that the arbitrators should sign both ultimate decision and the grounds reached in support of that ultimate decision. Crucially, the Court of Cassation held that a failure to do so would render the award invalid.\r\n\r\nThe Court of Cassation found one exception to this crucial and important rule. Where the grounds or reasoning for the ultimate decision are continued on the same page as the relief ultimately ordered, and the page containing the ultimate relief is signed, that signature shall be deemed to cover the reasoning for the granting of the relief.\r\n\r\nIf the reasoning and grounds for the ultimate decision and the ultimate decision itself appear on separate pages, then all pages of the award should be signed by all arbitrators. Failing this, such award shall be invalid.\r\n\r\nIn this case, the final page of the award, which contained the ultimate decision, also contained part of the reasoning for the ultimate decision. The final page was signed; therefore the signature was deemed to cover both the grounds for the ultimate decision and the ultimate decision itself. Importantly, the Court of Cassation ruled that the format of the award complied with Article 212.\r\n\r\nThe importance of this judgment cannot be underestimated. Many English translations of Article 212 do not outline the peculiarities applicable to the formalities of awards in the detail expressed by the Court of Cassation. To ensure the validity of arbitration proceedings, it is essential that this Article be read and applied in connection with the reasoning of the Court of Cassation.\r\n\r\nThe Court of Cassation reversed the finding of the Court of Appeal.'),
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	(78315,4267,'content_description','Claim and facts of the case: Party A filed a suit before the Dubai Court of First Instance seeking a judgment confirming an arbitration award in which Party B and Party C, a joint venture, were ordered to pay Party A the amount of AED 400,000 plus 9% interest from the due date of 20 July 2003, until full payment in addition.'),
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	(78317,4267,'pageSummary','Claim and facts of the case: Party A filed a suit before the Dubai Court of First Instance seeking a judgment confirming an arbitration award in which Party B and Party C, a joint venture, were ordered to pay Party A the amount of AED 400,000 plus 9% interest from the due date of 20 July 2003, until full payment in addition.'),
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	(78269,4265,'content_description','The Jebel Ali Free Zone (“JAFZ”) was established under Decree No. (1) of 1985 and is an economic zone located in the Jebel Ali area of Dubai, United Arab Emirates administered by the JAFZ Authority.\r\n'),
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	(78271,4265,'pageSummary','The Jebel Ali Free Zone (“JAFZ”) was established under Decree No. (1) of 1985 and is an economic zone located in the Jebel Ali area of Dubai, United Arab Emirates administered by the JAFZ Authority.'),
	(78272,4265,'_pageSummary','field_59e59b307dec8'),
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	(78274,4265,'_currentURL','field_59d35123ab1e7'),
	(78275,4265,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Sydene Helwick'),
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	(78277,4265,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail',''),
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	(78287,4265,'_yoast_wpseo_metadesc','The Jebel Ali Free Zone (“JAFZ”) was established under Decree No. (1) of 1985 and is an economic zone located in the Jebel Ali area of Dubai, United Arab Emirates administered by the JAFZ Authority.'),
	(78288,4266,'content','The popularity of arbitration in the Middle East continues to grow, and in January 2010 Bahrain’s BCDR-AAA became the latest in a number of arbitration centres to open in the region. The BCDR was created in accordance with Bahrain’s new Arbitration Law <sup>1 </sup>, which also created what has been called the world’s first “Free Arbitration Zone”.\r\n\r\nThis article looks at the BCDR, and what the “Free Arbitration Zone” means in practice.\r\n\r\n<strong>The BCDR</strong>\r\nThe BCDR is a partnership between the Bahrain Chamber for Dispute Resolution (BCDR) and the American Arbitration Association (AAA), a longstanding and highly respected international arbitration centre. The BCDR is located in Manama, the capital of Bahrain.\r\n\r\nThe BCDR is in many respects like any other arbitral institution. Its role is not to arbitrate disputes itself, but to provide the administrative and procedural support necessary to enable an independent Tribunal to hear and decide a particular matter. Parties can choose to use the BCDR either before or after a dispute has arisen, provided the agreement to do so is in writing.\r\n\r\nThe BCDR Rules closely follow those of the AAA. This means users of the BCDR will have the comfort of using a set of rules that have been tried and tested and are of the highest international standards.\r\n\r\nWith regards to fees, although the administrative fees of the BCDR are modest and fixed according to the amount in dispute, the fees of the arbitrators (which tend to be substantial) are not fixed. Instead, under Article 32 of the Rules, the arbitrators are to be paid a daily or hourly rate based on the size and complexity of the case, and such rate is to be agreed with the parties. If agreement cannot be reached, then the BCDR will determine the appropriate rate.\r\n\r\nIn comparison, many other arbitral institutions in the region (such as DIAC) fix the fees of the arbitrators depending on the amount in dispute. The BCDR approach is not however unique to the region, as the DIFC-LCIA also operates a system whereby arbitrators charge an hourly rate. The DIFC-LCIA specifies that the hourly rate is to be between AED 1,085 – AED 2,525, and although the BCDR gives no such indication, it is expected that its rates will be similar to those of the DIFC-LCIA.\r\n\r\n<strong>The Free Arbitration Zone</strong>\r\nIn order to understand what the Free Arbitration Zone is, it is first necessary to understand how arbitral awards are enforced internationally.\r\n\r\nOnce an arbitral award has been rendered by a Tribunal, the parties are contractually obliged to comply with that award. There will however be occasions where the losing party does not wish to comply, and the winning party must seek to enforce the award in the country where the losing party has assets.\r\n\r\nIn order to facilitate this enforcement process, a number of states have signed up to the 1958 New York Convention, under which contracting states agree to recognise arbitral awards made in other states, and may only refuse to do so if the losing party shows that one of the following procedural irregularities has occurred:\r\n<ul>\r\n 	<li>The parties to the agreement were, under the law applicable to them, under some incapacity, or the agreement was invalid either under the law applicable to the agreement or under the law of the country where the award was made.</li>\r\n 	<li>The losing party was not given proper notice of the appointment of the appointment of the arbitrator, or of the arbitration proceedings, or was otherwise unable to present his case.</li>\r\n 	<li>The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced.</li>\r\n 	<li>The composition of the Tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing such agreement, was not in accordance with the law of the country where the arbitration took place.</li>\r\n 	<li>The award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.</li>\r\n</ul>\r\nThe Free Arbitration Zone is relevant to this last ground. Under Article 25 of Bahrain’s new arbitration law, parties to an award that has been issued in Bahrain are not entitled to challenge the award in the Bahraini courts, provided the award is being enforced outside of Bahrain and the parties have agreed in writing that:\r\n\r\n- A law other than Bahraini law applies to the dispute.\r\n- The parties will not challenge the award before the courts of\r\nBahrain.\r\n- Any challenge against the award will be before a competent authority in another state.\r\n\r\nBahrain can therefore be said to be a “Free Arbitration Zone” in that its courts will not interfere or set aside an arbitral award made in Bahrain, provided the above conditions have been satisfied. This is a unique approach and one that firmly establishes Bahrain as one of the most arbitration-friendly countries in the region.\r\n\r\nHowever the benefits of the Free Arbitration Zone must not be overstated. Under the New York Convention the fact that an Award has been set aside in the country in which it has been made is only one of a number of factors that may enable a signatory state to refuse to enforce the award. The new law therefore only removes the possibility of a potential ground for non-enforcement from occurring. The Free Arbitration Zone does not guarantee that awards issued in Bahrain will be enforceable oversees (nothing can guarantee this), it only guarantees that the Bahraini Courts will not interfere or set the award aside.'),
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	(78247,4264,'_content','field_59b649b5c8b2b'),
	(78248,4264,'lawUpdateArticleMonth','4260'),
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	(78250,4264,'content_description','The beginning of 2011 has seen a number of new Cabinet and Ministerial Resolutions hitting the headlines as they have wide-ranging effects on labour relations in the UAE.'),
	(78251,4264,'_content_description','field_59b641c07f473'),
	(78252,4264,'pageSummary','The beginning of 2011 has seen a number of new Cabinet and Ministerial Resolutions hitting the headlines as they have wide-ranging effects on labour relations in the UAE.'),
	(78253,4264,'_pageSummary','field_59e59b307dec8'),
	(78254,4264,'currentURL','http://localhost:8888/tamimi/en/magazine/law-update/section-7/february-5/new-years-resolutions.html'),
	(78255,4264,'_currentURL','field_59d35123ab1e7'),
	(78256,4264,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Rebecca Ford'),
	(78257,4264,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorName','field_59e59ad5d15dd'),
	(78258,4264,'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','r.ford@tamimi.com'),
	(78259,4264,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail','field_59e59afcd15de'),
	(78260,4264,'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation',''),
	(78261,4264,'_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation','field_59e59b05d15df'),
	(78262,4264,'lawUpdateArticleNoWriters','1'),
	(78263,4264,'_lawUpdateArticleNoWriters','field_59e59aaed15dc'),
	(78264,4264,'_yoast_wpseo_metadesc','The beginning of 2011 has seen a number of new Cabinet and Ministerial Resolutions hitting the headlines as they have wide-ranging effects on labour relations in the UAE.'),
	(78265,4265,'content','February 2011\r\n\r\n<hr />\r\n\r\nThe Jebel Ali Free Zone (“JAFZ”) was established under Decree No. (1) of 1985 and is an economic zone located in the Jebel Ali area of Dubai, United Arab Emirates administered by the JAFZ Authority.\r\n\r\n<strong>\r\nLaws applicable to JAFZ Leases</strong>\r\nAnyone working or operating in JAFZ, whether an entity permitted to operate within JAFZ or a contractor working for such entity, is governed by the Jebel Ali Free Zone laws, rules and circulars published from time to time. With regards the question of whether Dubai tenancy laws and any other Dubai laws and regulations apply to property leased in JAFZ, the Jebel Ali Free Zone Rules, fourth edition 2005 (the “JAFZ Rules”), Rule 1.6 provides that “UAE Local Decrees, Regulations and Practices are applicable within the Free Zone unless otherwise prescribed in these rules.”\r\n\r\nTherefore Law No. (26) of 2007 (Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai) as amended by Law No. (33) of 2008 applies to all property leased within JAFZ, unless the JAFZ Rules prescribe otherwise.\r\n\r\n<strong>Tenancy Disputes</strong>\r\nWith regards adjudication of tenancy disputes, Law No. (15) of 2009 (Regulating the Hearing of Rental Disputes Arising in the Free Zones) at Article 2 provides the following:\r\n\r\n“The Rent Committee shall determine rental disputes arising between landlords and tenants of immovable property in the free zones of the Emirate of Dubai, except:\r\n\r\ni. where the rent dispute to which any free zone authority in the Emirate of Dubai is a party;\r\nii. rent disputes arising within the free zones which are under the jurisdiction of special judicial committees or courts.”\r\n\r\nThe JAFZ Authority has not established a special judicial committee or court for the adjudication of tenancy disputes, therefore where the JAFZ Authority is a party to a lease the Dubai Courts will have jurisdiction unless the lease contains an arbitration clause. Where the JAFZ Authority is not a party to the lease the Special Judicial Committee in Dubai established pursuant to Decree No. (2) of 1993 (also known as the ‘Rent Committee’) shall have jurisdiction to adjudicate the tenancy dispute unless the lease contains an arbitration clause.\r\n\r\n<strong>JAFZ Rules</strong>\r\nWe discuss hereunder some of the JAFZ Rules applying to property leased within JAFZ.\r\n\r\n<strong>Commencement of Business Operations</strong>\r\nTenants are required to commence business operations from their premises within a prescribed period of time as follows:\r\n<ul>\r\n 	<li>Tenants of office buildings are required to ensure that their offices are physically functional and attended during normal office hours by no later than 60 days from the commencement date of the lease.</li>\r\n 	<li>Tenants of light industrial units are required to ensure that their units are physically functional and attended during normal office hours by no later than 90 days from the commencement date of the lease.</li>\r\n 	<li>Land tenants are required to ensure that their premises are physically functional and attended during normal office hours by no later than 18 months from the commencement date of the lease.</li>\r\n</ul>\r\n<strong>Sub-Leases</strong>\r\nSub-leases may be approved by the JAFZ Authority provided that:\r\n<ul>\r\n 	<li>The sub-lessor is in possession of a valid land lease and has a building which is already completed;</li>\r\n 	<li>The sub-lessee is a subsidiary or a sister concern of the sub-lessor with the majority shareholders being common in both companies;</li>\r\n 	<li>The activities of the sub-lessee conform with JAFZ Rules regarding health, safety, environment and the Zoning Plan;</li>\r\n 	<li>The sub-lessor has sufficient space for the activities of the sub-lessee without jeopardizing the space required for its own activities;</li>\r\n 	<li>The sub-lessor undertakes to be fully responsible for the activities of the sub-lessee as far as the terms and conditions of the lease and the Personnel Secondment Agreement are concerned.</li>\r\n</ul>\r\nThere are no limitations on the number of sub-leases, subject to the approval of the JAFZ Authority.\r\n\r\nAn exception to the above are certain categories of companies that are not allowed to operate as sub-lessees and that are not allowed to sublet part of their premises.\r\n\r\nWith respect to sub-leases the JAFZ Authority levies a sub-leasing fee of AED 20,000/ per year.\r\n\r\n<strong>Insurance </strong>\r\nTenants are required to have their premises insured against fire and other perils, in accordance with the terms of their leases.\r\n\r\nWhere the tenant has erected the premises, the tenant is responsible for arranging the insurance, which shall be in the joint names of the tenant company and the JAFZ Authority. The policy shall be sufficient to cover the replacement costs of the structure, fixtures and fittings.\r\n\r\nWhere premises have been erected by the JAFZ Authority, the insurance will be arranged by the JAFZ Authority on behalf of the tenant. The insurance shall be in the name of the JAFZ Authority. The tenant shall be required to pay a contribution of the insurance premium in the form of an annual standard charge in line with the JAFZ Authority’s tariff.\r\n\r\nWhere damage is incurred to pre-built premises, the JAFZ Authority requires the tenant to bear the first AED 1,000/ for offices and AED 3,000/ for industrial units and banks. This is to cover the deductible amount which will not be paid by the insurance company.\r\n\r\nInsurance of the ‘contents’ of any premises are at the discretion of tenants. The JAFZ Rules provide that the JAFZ Authority will not be liable for any loss or damage to tenants’ contents due to any reason, including theft or natural calamities.\r\n\r\n<strong>Termination of Lease</strong>\r\nOn termination of the lease, the tenant is required to settle all outstanding dues, vacate the premises, remove all furnishings and equipment from the premises and restore the premises to its original condition. Any waste material/contaminated soil should be disposed of in accordance with the JAFZ Rules and Dubai Municipality regulations.\r\n\r\nIf a tenant abandons goods on the premises, the JAFZ Authority shall issue a notice to the tenant’s officially recognized address of the intention to treat such goods as ‘abandoned’. A specified date for clearance of the premises will be given in the notification, which shall take into consideration the nature of the goods (e.g. refrigerated, perishable) and hence urgency of removal. If the abandoned goods have not been removed by the due date, the JAFZ Authority will act to remove them without further reference to the tenant. Any costs incurred by the JAFZ Authority in doing so will constitute a claim against the tenant. The JAFZ Authority shall, at its discretion, auction the abandoned goods to expedite clearance of the facility and/or to recover any outstanding dues.\r\n\r\n<strong>Mortgage of Properties Constructed in JAFZ</strong>\r\nTenants who have leased land in JAFZ and constructed purpose built facilities can, pursuant to Law No. (1) of 2002 on the Mortgage of Immovable Property in JAFZ, mortgage the premises (excluding the land) as security for a loan.\r\n\r\nA register is maintained by the JAFZ Authority to record all mortgages of immovable properties in JAFZ (the “Mortgage Register”).\r\n\r\nThe Contract of Mortgage between the owner (“Mortgagor”) and the creditor (“Mortgagee”) is recorded in the Mortgage\r\nRegister together with the following details:\r\n<ul>\r\n 	<li>All the information relating to the immovable property;</li>\r\n 	<li>The approximate value of the immovable property and its contents;</li>\r\n 	<li>The value of the debt; and</li>\r\n 	<li>The identity of the Mortgagee.</li>\r\n</ul>\r\nThe Mortgagee has to be a Central Bank licensed finance company or bank or (after obtaining specific approval from the JAFZ Authority) a branch of category 1 bank located in Dubai International Financial Centreduly licensed by the Dubai International Financial Authority.\r\n\r\nThe contracting parties should sign the Contract of Mortgage before the Registrar who shall then enter the records of the mortgage in the Mortgage Register.\r\n\r\nMore than one mortgage may be secured on one immovable property and the records in the Mortgage Register are made according to the dates of registration of the respective mortgages. The priority of the acquired title by virtue of the mortgage is determined according to the order of records in the Mortgage Register.\r\n\r\nThe mortgage expires, and the records in the Mortgage Register cancelled, in the following instances:\r\n<ul>\r\n 	<li>At the end of the lease of the land on which the immovable property is erected; or</li>\r\n 	<li>Before the end of the lease by agreement of the contracting parties; or</li>\r\n 	<li>By final judgment of a competent court.</li>\r\n</ul>\r\nThe following charges are payable by the Mortgagor:\r\n<ul>\r\n 	<li>Mortgage registration fee – 0.12% of the value of debt;</li>\r\n 	<li>Amendment of the conditions of mortgage – 0.12% of the value of debt;</li>\r\n 	<li>Mortgage cancellation fee – AED 500/.</li>\r\n</ul>\r\n<strong>Conclusion</strong>\r\nThere are various types of premises available for lease in JAFZ and a company has the option of leasing an existing property or constructing its own purpose built facility.\r\n\r\nWhere a company leases land and constructs its own purpose built facility, the company will be able to mortgage the building pursuant to Law No. (1) of 2002.\r\n\r\nWhenever a company is considering leasing premises within JAFZ, the company should take cognizance that there are a number of rules and regulations which govern and supplement the terms of the lease and affect the rights and obligations of the tenant.'),
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	(78231,4263,'content_description','The New Maritime Law is about to be endorsed. These are very exciting times for the Al Tamimi Maritime, Aviation & Insurance lawyers and indeed, many others, who have been involved with amendments to the law.'),
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	(78233,4263,'pageSummary','The New Maritime Law is about to be endorsed. These are very exciting times for the Al Tamimi Maritime, Aviation &amp; Insurance lawyers and indeed, many others, who have been involved with amendments to the law.'),
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	(78237,4263,'lawUpdateArticleNoWriters_0_lawUpdateAuthorName','Omar Omar'),
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	(78245,4263,'_yoast_wpseo_metadesc','The New Maritime Law is about to be endorsed. These are very exciting times for the Al Tamimi Maritime, Aviation & Insurance lawyers and indeed, many others, who have been involved with amendments to the law.'),
	(78246,4264,'content','February 2011\r\n\r\n<hr />\r\n\r\nThe beginning of 2011 has seen a number of new Cabinet and Ministerial Resolutions hitting the headlines as they have wide-ranging effects on labour relations in the UAE. This article provides an overview of the key changes which have been introduced.\r\n\r\n<strong>Work Permits</strong>\r\nThere are now five internal work permits which may be provided by the Ministry of Labour to individuals working in the UAE. These were introduced in Cabinet Resolution No. 25 of 2010 concerning Internal Work Permits Applicable in the Ministry of Labour and are considered below.\r\n<ul>\r\n 	<li>Worker Transfer Permit – applicable where a non-national worker is already working in the UAE and is transferred from one organisation to another. For this permit to apply, both organisations should be registered with the Ministry of Labour.</li>\r\n 	<li>Temporary Work Permit – issued to a national or non-national who is to be employed on a project or in a role which is not for more than six months in duration.</li>\r\n 	<li>Part Time Work Permit – issued to a national or non-national who is recruited for a role where they are to be working less than the normal working hours of full time employees within an organisation, undertaking the same job. Normal working hours for a full time employee are generally 8 hours per day (which is the stated maximum under the UAE Labour Law (UAE Federal Law No. 8 of 1980, as amended)), excluding lunch. A senior Ministry of Labour official has been reported in the press as stating that this new permit shall enable employees to take up a second part-time job, in addition to any full time position they may already undertake. Although the Resolution itself does not expressly make this point, clearly the Ministry of Labour may choose to issue part-time work permits in order to enable them to be used in this way. At present, how part time workers may be treated in respect of the minimum rights under the UAE Labour Law (which currently makes no provision for part time working) is not clear. However, this is an exciting development that will no doubt become clearer in the coming months, as issues arise and are taken to the Ministry of Labour or the Labour Court.</li>\r\n 	<li>Work Permit for Personnel Sponsored by their kinship – issued where dependents are recruited by an organisation. This means that expatriates will be able to act as official work sponsors for their dependents. Whilst this is no doubt a welcome development for some, we believe that this does not necessarily enable a spouse to work from home on their own account (in the absence of the necessary approvals and trade licence). In addition, this may lead to employers shifting the cost of the permit fees onto the dependant’s spouse, and thus ultimately encourage more women to be directly sponsored by their employer, rather than their spouse.</li>\r\n 	<li>Juvenile Persons Work Permit – issued to nationals or non-nationals between the ages of 15 and 18.</li>\r\n</ul>\r\n<strong>Waiver of six-month ban in certain cases</strong>\r\nIn addition to the introduction of the five internal work permits, Cabinet Resolution No. 25 of 2010 also provides that the Minister of Labour will issue a decision defining worker categories, cases, conditions, controls and standards by which a work permit may be issued for non-nationals without being bound by the standard six-month post employment work ban, which is usually imposed by the Ministry of Labour. In this regard, the Resolution identifies three factors which the Minister of Labour should take into account when providing the decision on the waiver of the six-month ban as follows:\r\n<ul>\r\n 	<li>Cases where an employer has breached their obligations to the employee, or where the employee is not the cause of the termination of the employment. We believe that this factor may have been introduced to address the situation where employees are made redundant, for no fault of their own, due to economic difficulties of the employer. Subject to the decision of the Minister of Labour, this may mean that such employees would be able to easily transfer to another role, without waiting for the requisite 6-month period.</li>\r\n 	<li>The UAE labour market need for employees with higher qualifications, distinguished expertise, and technical specialities. This factor will be helpful in ensuring that those workers with particular skills which are useful to the UAE are not lost by reason of the fact they are unable to work in the UAE for the six-month period and move to another country as a result.</li>\r\n 	<li>Setting the time period that the employee must spend with the ex-employer and the categories which may be excluded from this condition.</li>\r\n</ul>\r\n<strong>Classification of Organisations</strong>\r\nPrior to the changes implemented by Ministerial Resolution No. 1187 of 2010 on Regulations and Criteria of Classifications of Establishments, employers fell within one of three categories, which were identified with regard to their compliance with Emiratisation and cultural diversity requirements. These categories determined the level of fees payable by employers, as well as the bank guarantees payable on recruitment.\r\n\r\nEmployers will now be determined as falling within three new classes, with the second class being divided further into three sub-classes. The second class (and its sub-classes) is similar to the three categories previously imposed.\r\n\r\nThe new “first class” category may be achieved by an organisation, provided that it has complied with certain legal regulations and standards, such as adherence to cultural diversity requirements, commitment to pay wages correctly, provide appropriate labour accommodation, as well as a new Emiratisation requirement.  In order to achieve the first class category status, at least 20% of an employer’s workforce must be made up of professionals earning a certain level of remuneration, and UAE nationals must make up at least 15% of the professional levels. UAE nationals must be eligible for a government pension (or pension and social security provided by the relevant Emirate) to form part of the Emiratisation quota under this class.\r\n\r\nFirst class category status can only be awarded by resolution of the Minister of Labour, and banks and insurance companies can only be eligible if they have previously met all Emiratisation quotas prior to 1 January 2011.\r\n\r\nThe new “third class” category has now been introduced for employers who accumulate certain “black points” (as set out below).\r\n\r\n<strong>Violations of Labour Relations Regulations</strong>\r\nIn Ministerial Resolution No. 1187 of 2010 on Regulations and Criteria of Classifications of Establishments, the Ministry of Labour has sought to address certain bad practices and violations which have become prevalent in the recent economic downturn.\r\n\r\nThe Resolution introduces three categories of violation and depending on their seriousness, imposes “black points”, and fines. For serious violations, the imposition of black points may immediately cause an organisation to be downgraded to the third class category, which will affect the requirements imposed upon the organisation, for example, in respect of bank guarantees. Alternatively for less serious violations, black points imposed have a cumulative effect and are maintained for one year on the file of the organisation. If an organisation exceeds 100 black points, within any given year, it may be downgraded to the third class category.\r\n\r\nThere are 13 violations in the first level and these are where an organisation:\r\n\r\n1. Is convicted of recruiting individuals not legally present in the country;\r\n2. Is convicted of trafficking people;\r\n3. Falsifies their Emiratisation compliance;\r\n4. Deliberately provides incorrect information in respect of the wages protection system (WPS), for the purposes of evading or manipulating the regulations relating to the WPS;\r\n5. Recruits juveniles or women in hazardous conditions or which may be harmful to health, in breach of applicable regulations;\r\n6. Closes, suspends or fails to practice its commercial activities without settling the dues of its employees;\r\n7. Fails to pay an employee for 60 days or more;\r\n8. Has employees who sign documents which falsely indicate that they have received their labour entitlements;\r\n9. Provides accommodation to workers which fail to comply with standards contained in applicable regulations;\r\n10. Recruits or allows an individual to work for a third party, without obtaining a work permit from the Ministry of Labour\r\n11. Undertakes recruitment, supply or hire of workers, without an appropriate licence from the Ministry of Labour;\r\n12. Does not use, employ, or recruit employees to practice work for a period exceeding two months; and\r\n13. Compels an employee to pay for the expenses of recruitment and employment.\r\n\r\nViolations in this first level attract an immediate 100 black point penalty, so that an organisation is automatically downgraded to the third class category and is also fined. The fine in most cases is AED20,000 for each violation or worker in respect of which the organisation is in breach. However, in three instances, the Ministry of Labour has discretion to impose a fine within a range, so that where the violation is as set out in (6) above in the first level, the fine is not less than AED10,000 and not more than AED50,000, and where the violation is as set out in (7) or (8) above in the first level, the fine is not less than AED5,000 and not less than AED50,000.\r\n\r\nThere are 6 violations in the second category and these are where an organisation:\r\n\r\n1. Fails to comply with applicable procedures for the employment of nationals;\r\n2. Fails to comply with any Ministry of Labour summons and related labour affairs, on the dates required by the Ministry of Labour;\r\n3. Fails to take necessary action to register absconded employees;\r\n4. Vexatiously or falsely reports an employee as having absconded;\r\n5. Fails to ensure that applicable employees do not work during any prohibited work period in the summer; and\r\n6. Provides incorrect documents or data to the Ministry of Labour.\r\n\r\nThere are 4 violations in the third category which are where an organisation:\r\n\r\n1. Fails to participate in the WPS;\r\n2. Fails to comply with applicable standards of occupational health and safety, or fails to comply with prescribed procedures, to prevent health and safety risks;\r\n3. Fails to notify the Ministry of Labour regarding work injuries, occupational disease, or death of the worker, resulting from working conditions, within 48 hours of the occurrence of the injury, disease, or death; and\r\n4. Fails to rectify any violation of standards of workers’ accommodation within any timeframes set by the Ministry of Labour.\r\n\r\nViolations in the second level attract 70 black points, as well as a fine of AED20,000 for each violation or worker in respect of which the organisation is in breach. Violations in the third level attract 50 black points, as well as a fine of AED10,000 for each violation in respect of which the organisation is in breach.\r\n\r\nThe simultaneous issuance of such wide ranging Resolutions that affect labour relations in the UAE is certainly unprecedented, and with the Ministry of Labour promising that further changes are due to be implemented very soon, the actual effect of all these changes will certainly take time to assess. What is abundantly clear however is that the UAE government seems to be determined to implement changes to the existing systems in place. Whether or not these changes are a precursor to the long-awaited change to, or merely designed to be effected in place of, the UAE Labour Law remains to be seen.'),
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	(78212,4262,'content_description','RIVOLI triumphs in wresting www.rivoliwatch.com from a competitor'),
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	(78208,4262,'content','<strong>What</strong>\r\nDomain name dispute between 2 retailers.\r\n\r\n<strong>Who</strong>\r\nThe Complainant, Rivoli Group LLC, is a well known purveyor of luxury goods in the region particularly in the UAE with a multitude of retail outlets.\r\n\r\nThe Respondent, Brilliant Watches LLC, is a competitor in the fiercely competitive retail watch market.\r\n\r\n<strong>The Prize</strong>\r\n<a href=\"http://www.rivoliwatch.com/\">www.rivoliwatch.com</a>\r\n\r\n<strong>Why</strong>\r\nRIVOLI is the Complainant’s house mark, which it has cultivated over decades to become a household name in luxury goods. The Complainant enjoys substantial goodwill and reputation in its RIVOLI mark.\r\n\r\nThe use of RIVOLI in <a href=\"http://www.rivoliwatch.com/\">www.rivoliwatch.com</a> is unauthorised and detrimental to the Complainant as it seeks to divert business away from the Complainant and results in brand dilution of its RIVOLI mark.\r\n\r\n<strong>Where</strong>\r\nWorld Intellectual Property Organization (“WIPO’) Arbitration and Mediation Centre under the Rules for Uniform Domain Name Dispute Resolution Policy\r\n\r\n<strong>Facts of the Case</strong>\r\nThe Respondent had registered the disputed domain name and had been using it by maintaining it such that all internet traffic to the domain name is automatically diverted to the domain name, an active website which provides extensive information and offers watches for sale including RIVOLI branded watches.\r\n\r\nThe Complainant has trade mark registrations for RIVOLI in a number of countries and has been using RIVOLI as a trade name since 1976.\r\n\r\nThe Complainant had finally succeeded in cancelling a trade mark registration for RIVOLI held by a company related to the Respondent following protracted litigation.\r\n\r\n<strong>The Complainant’s Case</strong>\r\nThe disputed domain name is confusingly similar to marks in which the Complainant has rights, the Respondent has no rights or legitimate interests in use of the disputed domain name and the Respondent’s registration and use of the disputed domain name is in bad faith.\r\n\r\n<strong>The Respondent’s Case</strong>\r\nThe Respondent alleged that they have trade mark registrations for RIVOLI in Pakistan, India, Kuwait and Switzerland and have been selling RIVOLI branded watches since 1994 in multiple markets such as UAE, U.K., Russia, Qatar, Saudi Arabia, Kuwait, Pakistan, Jordan, India and many African countries.\r\n\r\n<strong>WIPO’s Findings</strong>\r\n1. The WIPO Panel agreed with the Complainant that the disputed domain name had incorporated its RIVOLI trade mark in its entirety and crucially that the addition of the descriptive term, watch, had actually exacerbated the risk of confusion experienced by internet users because the disputed domain name implies that Respondent is offering the Complainant’s goods for sale.\r\n\r\nThis significant finding underscores the Respondent’s lack of bona fides.\r\n\r\n2. It was found that the Respondent’s use of the disputed domain name cannot be characterised as use in connection with the bona fide offering of goods. The Complainant had argued that the Respondent’s conduct in using the domain name to divert internet users to the Respondent’s own website, which offers competing watches with full knowledge of the Complainant’s name and its trade mark following the lawsuits in which its related company was embroiled in must necessarily lead to the inescapable conclusion that there was no bona fide offering of goods under the disputed domain name.\r\n\r\n3. The WIPO Panel found that the disputed domain name was registered and used in bad faith.\r\n\r\nThe Complainant had vigorously argued that there was no plausible reason why the Respondent would have chosen to use RIVOLI as part of the disputed domain name except to misappropriate the vault of goodwill and reputation, which the Complainant had painstakingly cultivated over decades of use. Quite clearly, <a href=\"http://www.rivoliwatch.com/\">www.rivoliwatch.com</a> was not a domain name, which any user would have chosen unless they knew of the RIVOLI trade mark and the custom, which it attracts. The Respondent had manifestly registered the domain name solely for the purpose of attracting users who type in in the presumption that they will reach a site operated by the Complainant relating to watches.\r\n\r\nIt was obvious from the matrix of use with the auto redirect from the disputed domain name to the Respondent’s own website, which offers competing watches that the disputed domain name was being used in bad faith.\r\n\r\nAccordingly, the WIPO Panel was satisfied that the Complainant had succeeded in proving its case and ordered that the disputed domain name be transferred to the Complainant.\r\n\r\n<strong>Learnings</strong>\r\nFortifying one’s cyber presence has never been more important as an increasing number of users log onto the internet to shop and be entertained especially in the Middle East where internet penetration is set to balloon as indicated by the recent introduction of more available domains such as the Arabic domain names in Saudi Arabia (.alsaudiah), UAE (.emarat), Egypt (.misr), Jordan (.alordon) and Palestine (.falasteen).\r\n\r\nIt is important to be vigilant in monitoring any unauthorised usage of your intellectual property in cyberspace and to act swiftly and decisively in rooting out the problem. Using the WIPO Arbitration and Mediation Centre as a means to do so has proven highly effective and quick in resolving domain name disputes. The fact that the Complainant has been vigilant in enforcing its rights against offenders in cyberspace was important in shoring up its arguments that any attempt to free ride on its substantial goodwill and reputation was damaging to its brand integrity and likely to cause brand dilution.\r\n\r\nThis significant case represents yet another decisive victory for the Al Tamimi &amp; Company Domain Name Dispute Resolution practice, part of our award winning IP/IT practice which continues to counsel clients in ensuring that their valuable goodwill and reputation is well protected in cyberspace.\r\n\r\nIn the celebrated case, which reached the Abu Dhabi Supreme Federal Court, the litigation team headed by senior counsel, Al Tamimi &amp; Company founder &amp; Senior Partner, Essam Al Tamimi, had successfully convinced the court in overturning the Abu Dhabi Federal Court of Appeal’s decision to cancel the RIVOLI registration. The decision represented a high water mark for issues concerning use of a trade name and the resultant rights thereto.'),
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	(61768,3863,'content','<span style=\"color: #00578f;\">Are you looking for a career with the region\'s largest, most progressive, multi-cultural law firm? Do you want the opportunity to advise on the region’s most cutting edge deals, to work with and learn from the region’s most talented lawyers? If so, we offer you the perfect working environment to meet your career aspirations.</span>\r\n\r\n<em><span style=\"color: #00578f;\">If you are interested in a career with Al Tamimi, please click <a href=\"https://www.allhires.com/tamimi/\" target=\"_blank\" rel=\"noopener\">here</a> to view all available opportunities.</span></em>\r\n\r\n<hr />\r\n\r\n<strong>A career not just a job!</strong>\r\n\r\nWhen you join Al Tamimi, you are joining the only regionally-based law firm to have its own internal training academy (The Centre for Legal Training) which provides structured development opportunities for lawyers and business services staff at all levels in the firm.\r\n\r\n<strong>What we can offer you</strong>\r\n\r\nAl Tamimi prides itself on setting the standard for professional career development in order to maximise the contribution of our employees to the firm. Listed below are just some of the programmes/initiatives the firm runs:\r\n<ul>\r\n 	<li><strong>Internship Programme</strong></li>\r\n</ul>\r\nFor young leaders looking to pursue a legal and non-legal internship we welcome applicants from different backgrounds to kick start their professional careers with knowledge and hands on experience in a fast-paced and competitive environment. Our internships involve individuals in problem solving, decision-making and skills development training at the start so they have the opportunity to make the most of their working experience in Al Tamimi &amp; Co. If you join the internship programme you also get to participate in the many Corporate Social Responsibility (CSR) initiatives the firm that organises.\r\n\r\n<em>Click <a href=\"http://localhost:8888/tamimi/wp-content/uploads/2017/12/Internship-Programme-At-Al-Tamimi-Company-.pdf\">here</a> to read more about that Al Tamimi’s internship Application Process and Guidelines, if you want to submit your CV for the internship programme click <a href=\"https://www.allhires.com/tamimi/Login.aspx?id=284\" target=\"_blank\" rel=\"noopener\">here</a>.</em>\r\n<ul>\r\n 	<li><strong>Trainee Lawyer Programme</strong></li>\r\n</ul>\r\nAl Tamimi’s Trainee Lawyer Programme’s primary focus is to acquire, incubate and develop local national talent until qualification. This Programme provides high-level development training for fresh graduates looking to qualify. The Firm actively seeks talented individuals who are likely to be the “leaders of tomorrow” to be given the opportunity to grow within our Firm in their roles by receiving training on skills that will help prepare them for future growth as they rise up the career ladder in the Firm.\r\n\r\n<em>Click <a href=\"http://localhost:8888/tamimi/wp-content/uploads/2017/12/Trainee-Lawyer-Application-Process-and-Guidelines.pdf\"><u>here</u></a> to read more about Al Tamimi’s Trainee Lawyer Application Process and Guidelines, if you want to submit your CV for the trainee lawyer programme click <a href=\"https://www.allhires.com/tamimi/Login.aspx?id=285\" target=\"_blank\" rel=\"noopener\">here</a>.</em>\r\n<ul>\r\n 	<li><strong>Training and Development</strong></li>\r\n</ul>\r\nOur core strength is our people and the diversity of their experience and knowledge.  We take great pride in the development of all our staff and during their time at Al Tamimi &amp; Co we provide them with excellent opportunities for legal and skills training to help them to develop the capabilities and knowledge to reach their full potential.\r\n\r\nWe work closely with each practice area and each individual to make sure that the training that we offer, from legal seminars, skills-based training workshops and key milestone programmes, to individually-tailored support is relevant and focused, practical and innovative.\r\n<ul>\r\n 	<li><strong>Technical Training </strong></li>\r\n</ul>\r\nSenior partners and lawyers from within the firm lead our interactive seminars and workshops which provide comprehensive and high quality training and development, covering the full range of practice areas and industries, focusing on such matters as legal updates, global market trends and developments, landmark judgments, transactions and cases which gives our lawyers a unique position in the commercial market in the Middle East.   Our dedicated training calendar is also supported by regular presentations from clients, industry experts, academics and barristers.\r\n<ul>\r\n 	<li><strong>Core Skills Training</strong></li>\r\n</ul>\r\nAlthough technical legal training is at the centre of the development of our lawyers, we also place great emphasis on core business skills training, including business development, client relationship management, negotiation skills, and legal drafting skills.  These are designed to ensure that our lawyers are equipped for the challenges of the role at every level.\r\n<ul>\r\n 	<li><strong>Leadership and Development Programmes</strong></li>\r\n</ul>\r\nAs well as technical workshops, seminars and core skills training, we also provide a comprehensive suite of high level professional development programmes to help to develop our lawyers\' skills and abilities.\r\n\r\nThese practical and interactive modular programmes are aimed at developing the lawyer as they advance through their career, and onto partnership.  Partners and lawyers have the opportunity to enhance their skills in the development of client relationships, practice management methodology, managing finance, project management, client relationship management, and leading and developing others.  This training ensures that our lawyers are well equipped to respond to our clients’ needs and to understand the factors that influence their business decisions.');

