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(44937, 2281, '_yoast_wpseo_metadesc', 'Four new partners appointed at Al Tamimi & Company. New Partners based across four different Middle East offices, in Jordan, Qatar, Dubai and Abu Dhabi'),
(44938, 2282, 'content', '<strong>Dubai, UAE:  </strong>Al Tamimi &amp; Company, the largest law firm in the Middle East, has advised on no fewer than three rights issues on Dubai Financial Market (\"DFM\") in the last three months. In total, the rights issues raised more than 5.5 billion dirhams, and they were all significantly oversubscribed.\r\n\r\nIn April 2016, Al Tamimi\'s Equity Capital Markets team advised leisure operator Dubai Parks &amp; Resorts on its 1.6 billion rights issue, which was launched primarily to fund the development of a Six Flags theme park within the Dubai Parks and Resorts destination. The rights issue was 60% oversubscribed and included a minimum commitment subscription from certain investors. This is the first new issue of shares in the UAE to have such an underwriting arrangement.\r\n\r\nEarlier in June, Al Tamimi advised Ajman Bank on a rights issue to raise 675 million dirhams. Of this, AED 500 million was raised through the issue of new ordinary shares and AED 175 million represented share premium, making it the first rights issue to take place on DFM that includes a share premium component. The Rights Issue was 195% over-subscribed.\r\n\r\nAt the end of June, Dubai Islamic Bank, advised by Al Tamimi, completed a 3.2 billion rights issue, which was approximately three times over-subscribed.\r\n\r\nAl Tamimi has been closely involved in discussions with the SCA and other relevant authorities to include suitable exemptions in securities regulation to enable rights issues to take place.\r\n\r\nAt the end of 2015, Al Tamimi advised on insurance company Takaful Emarat\'s rights issue, the first tradable rights issue for a Takaful insurance company in the UAE, and the first ever to take place on DFM.\r\n\r\nThe firm\'s Equity Capital Markets team is led by partner, Ahmed Ibrahim. The firm has taken the lead on all of the IPO\'s which have taken place in the UAE capital markets since 2008 and has been retained has in every significant capital markets deal in the UAE since then.\r\n\r\n<strong>Husam Hourani, Managing Partner at Al Tamimi &amp; Company, said:</strong>\r\n\r\n\"Through our close involvement with SCA in the development of the new regulations, we believe we are the best qualified law firm to provide advice to companies seeking equity funding through such mechanisms, as demonstrated by the leading role we have played in these recent rights issues. We are very pleased to have advised on these transactions, which have each established new precedents through their various structural and funding elements. Such innovation clearly contributed to their success and Al Tamimi is proud to have played its part in the injection of new levels of sophistication into the DFM. A market which enables successful companies to access capital to support their growth plans is in everyone\'s interests and the level of investor interest in these transactions is a clear expression of confidence in it.\"'),
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(44942, 2282, 'currentURL', 'http://www.tamimi.com/en/news/news-events/news/al-tamimi-company-advises-on-three-rights-issues-on-dfm.html'),
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(44944, 2282, '_yoast_wpseo_metadesc', 'Al Tamimi & Company has advised on no fewer than three rights issues on Dubai Financial Market (“DFM”) in the last three months. In total, the rights issues raised more than 5.5 billion dirhams, and they were all significantly oversubscribed.'),
(44945, 2283, 'content', '<strong>Al Khobar, Saudi Arabia, 4th September 2016: </strong>Al Tamimi &amp; Company is pleased to announce that it has opened a new office in Al Khobar, in the Eastern Province of Saudi Arabia, one of the country\'s largest markets. The office is the law firm\'s third in the Kingdom and, combined with its existing operations in Riyadh and Jeddah, gives it coverage across the whole of Saudi Arabia. It also becomes the 17th office the firm has opened in the Middle East since its foundation.\r\n\r\nThe opening of Al Tamimi\'s office in Al Khobar is the latest phase in the development of a highly successful practice in Saudi Arabia, with the firm having originally opened its first office in the country in Riyadh in 2008 followed by Jeddah in 2015. The Eastern Province is of vital importance as the core area of Saudi Arabia\'s petrochemical and industrial production, as well as being a key area for transportation and logistics. Al Tamimi has already been advising clients there for many years on a wide range of matters and projects across both these and other sectors, including manufacturing, real estate, retail and TMT. The firm is licensed to practice in its own name in Saudi Arabia without a local association, enabling it to provide such services to clients consistently and to the highest standard.\r\n\r\n<strong>Husam Hourani, Managing Partner at Al Tamimi &amp; Company, said:</strong> \"We are delighted to have opened a new office in Al Khobar which further strengthens our presence in the Kingdom of Saudi Arabia. Having already done a considerable amount of business in the Eastern Province, it is an entirely logical step for us to take and underlines the commitment we have to the country.\r\n\r\nSaudi Arabia\'s economy continues to be strong and, notwithstanding the short-term dynamics of the oil price, is set for a further period of sustained growth, supported by a series of planned reforms that will have a far reaching impact. We are there in force to advise any organisation looking to contribute to the country\'s future success, and with a deep understanding of Saudi Arabia\'s legal and regulatory systems, we are already the leading choice for local, regional and international organisations.\"\r\n\r\nAl Tamimi has 24 practising lawyers in Saudi Arabia, including 3 partners. The Al Khobar office will be headed up by Jonathan Reardon and supported by Omar Amery and Zahir Qayum. They will collaborate closely with their colleagues in Riyadh and Jeddah to provide comprehensive services to clients both in and outside the country. The team in Al Khobar covers the entire spectrum of legal advice to clients, drawing on the firm\'s overall strength and experience across all business sectors.\r\n\r\nHusam Hourani concluded: \"Our new office in Al Khobar marks the latest stage of a journey that began over 25 years ago, in which time we have earned the right to call ourselves the region\'s largest law firm. We are now in every significant commercial city in the Arabian Peninsula and the immediate surrounding countries, setting us up for long term success as we continue to serve our clients with the dedication, diligence and skill for which we have become renowned.\"'),
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(44951, 2284, 'content', '<p class=\"MsoNormal\">As global business interest in the Middle East heightens, Al Tamimi &amp; Company, the largest law firm in the Middle East, hosted a seminar in Washington, D.C., during the annual International Bar Association (IBA) Conference.</p>\r\n<p class=\"MsoNormal\">The seminar, titled “Doing Business in the Middle East: Legal Considerations &amp; Successful Strategies”, was hosted in partnership with the Institute of International Economic Law at Georgetown University Law School, one of the world’s leading centers for international economic law and policy.</p>\r\n<p class=\"MsoNormal\">It provided key players from the legal and business landscape the opportunity to hear from industry experts on the legal framework, foreign investment landscape, and opportunities that exist in the Middle East.</p>\r\n<p class=\"MsoNormal\"><strong>Essam Al Tamimi, Senior Partner &amp; Founder, Al Tamimi &amp; Company said at the event:</strong></p>\r\n<p class=\"MsoNormal\">“Now more than ever, the world is looking to the Middle East. As Saudi Arabia seeks more foreign investment into the Tadawul, and as Saudi Aramco gears up for its IPO, banks, brokers and consultancies will be keeping a close eye on developments. However, the wider region is also looking to diversify from hydrocarbon-based revenue streams, so there are big opportunities for international companies in nearly every sector. In the UAE, healthcare and education are a big focus and continue to attract investment, and in Qatar, infrastructure projects are developing in the build up to the FIFA World Cup in 2022.</p>\r\n<p class=\"MsoNormal\">“We at Al Tamimi, with 17 offices in nine countries throughout the UAE, Bahrain, Qatar, Iraq, Saudi Arabia, Jordan, Kuwait, Oman and Egypt, are one of the best placed law firms to advise international companies who are looking to enter the market or expand their presence here.”</p>\r\n<p class=\"MsoNormal\">Key speakers at the event included Essam Al Tamimi, Senior Partner &amp; Founder, Al Tamimi &amp; Company; William M. Treanor, Executive Vice President and Dean of the Law Center, Professor of Law, Georgetown Law; David Hamod, President &amp; CEO, National US Arab Chamber of Commerce – Washington; Ross Leckow, Deputy General Counsel, Legal Department - International Monetary Fund; Dr. Andrei Mikhnev, Head of Trade and Competitiveness, Middle East – World Bank Group; James Pickup, President and CEO, Middle East Investment Initiative – General Counsel, the Aspen ‎‎Institute; and Shaun Donnelly, VP Investment and Financial Services of the United States Council for International ‎Business (USCIB).</p>\r\n<p class=\"MsoNormal\">Earlier this month, Al Tamimi &amp; Company announced the opening of its new office in Al Khobar, in the Eastern Province of Saudi Arabia, one of the country\'s largest markets. The office is the law firm\'s third in the Kingdom and, combined with its existing operations in Riyadh and Jeddah, gives it coverage across the whole of Saudi Arabia. It also becomes the 17th office the firm has opened in the Middle East since its foundation.</p>'),
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(44955, 2284, 'currentURL', 'http://www.tamimi.com/en/news/news-events/news/al-tamimi-company-reinforces-expertise-on-business-in-the-middle-east-at-washington-dc-event.html'),
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(44957, 2284, '_yoast_wpseo_metadesc', 'As global business interest in the Middle East heightens, Al Tamimi & Company, the largest law firm in the Middle East, hosted a seminar in Washington, D.C., during the annual International Bar Association (IBA) Conference.'),
(44958, 2285, 'content', '[image class=\"__image__\" imageId=\"4890\" width=\"700\" height=\"200\" src=\"http://www.tamimi.com/en/media/get/20160927_Doing-Deals-in-ME-4.jpg\"]\r\n\r\nAl Tamimi &amp; Company is pleased to present a series of short videos which examine the business climate for doing deals and opportunities for foreign investment in the Middle East and North Africa. Our senior Corporate Commercial advisors provide their insights on topics of most interest to clients doing business in the region and their views on why the Middle East represents a compelling investment destination.\r\n\r\nWatch the series <a href=\"https://www.youtube.com/playlist?list=PLNcWVLEx9fDMZePa6YW6-0apjs2RWptg_\" target=\"_blank\" rel=\"noopener\">here</a> or skip straight to the interviews of most interest to you:\r\n<table border=\"0\">\r\n<tbody>\r\n<tr>\r\n<td>1.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=KXD69pysArA&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The effect of the recent oil price slide on the business environment in MENA</a></td>\r\n</tr>\r\n<tr>\r\n<td>2.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=X6c3rFBoaDU&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The kind of transactions that have become more prevalent as a result of the oil price slide</a></td>\r\n</tr>\r\n<tr>\r\n<td>3.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=WwkySPBXyKI&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The effect of the oil price slide on Egypt</a></td>\r\n</tr>\r\n<tr>\r\n<td>4.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=cEdXDpQX6rs&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">Significant recent corporate transactions in the Middle East</a></td>\r\n</tr>\r\n<tr>\r\n<td>5.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=mXMGsV1YclM&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The effect of the economic environment on investment in the Middle East</a></td>\r\n</tr>\r\n<tr>\r\n<td>6.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=fFbvN23IBW4&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The sectors proving most popular and where the best value lies for investment</a></td>\r\n</tr>\r\n<tr>\r\n<td>7.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=WZt_jcyHfj4&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The most attractive countries in the MENA region for foreign investment</a></td>\r\n</tr>\r\n<tr>\r\n<td>8.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=wIk4CVpSJoM&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">Free zones and foreign investment</a></td>\r\n</tr>\r\n<tr>\r\n<td>9.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=7Cg3j5MqcIo&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">The loosening on Iran and the effect on the Middle East business landscape</a></td>\r\n</tr>\r\n<tr>\r\n<td>10.</td>\r\n<td> <a href=\"https://www.youtube.com/watch?v=GJln6chrRss&amp;feature=youtu.be\" target=\"_blank\" rel=\"noopener\">Why the Middle East represents a compelling investment destination</a></td>\r\n</tr>\r\n</tbody>\r\n</table>\r\n<strong>Key Contacts</strong>\r\n<table border=\"0\">\r\n<tbody>\r\n<tr>\r\n<td><strong>Bahrain</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=foutoun&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Foutoun Hajjar</a>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=raj&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Raj Pahuja</a></td>\r\n<td><strong>Egypt</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=ayman+nour&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Ayman Nour</a>\r\n\r\n&nbsp;</td>\r\n<td><strong>Iran</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=hamid+mojtahedi&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Hamid Mojtahedi</a>\r\n\r\n&nbsp;</td>\r\n</tr>\r\n<tr>\r\n<td><strong>Iraq</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=mohammed+norri&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Mohammed Norri</a>\r\n\r\n&nbsp;</td>\r\n<td><strong>Jordan</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=khaled+saqqaf&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Khaled Saqqaf</a>\r\n\r\n&nbsp;</td>\r\n<td><strong>Kuwait</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=philip+kotsis&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Philip Kotsis</a>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=alex+saleh&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Alex Saleh</a></td>\r\n</tr>\r\n<tr>\r\n<td><strong>Oman</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=ahmed+al+barwani&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Ahmed Al Barwani</a>\r\n\r\n&nbsp;</td>\r\n<td><strong>Qatar</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=frank+lucente&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Frank Lucente</a>\r\n\r\n&nbsp;</td>\r\n<td><strong>Saudi Arabia</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=grahame+nelson&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Grahame Nelson</a>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=hesham+al+homoud&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Hesham Al Homoud</a></td>\r\n</tr>\r\n<tr>\r\n<td><strong>UAE</strong>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=gary+watts&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Gary Watts</a>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=samer+qudah&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Samer Qudah</a>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=Izabella&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Izabella Szadkowska</a></td>\r\n<td></td>\r\n<td></td>\r\n</tr>\r\n</tbody>\r\n</table>\r\n&nbsp;\r\n\r\n<strong> </strong>\r\n\r\n<strong> </strong>'),
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(44964, 2286, 'content', 'The largest law firm in the Middle East, Al Tamimi &amp; Company, has announced the latest partner to join the Cairo office, boosting its Mergers and Acquisitions (M&amp;A) and Capital Markets capabilities after a series of high-profile work in the sector over the past year.\r\n\r\nMohamed Gabr, formerly a Partner at Matouk Bassiouny, is one of the most versed M&amp;A and Capital Markets lawyers in Egypt with extensive experience and track records in pertinent high profile transactions. Amongst these transactions, he has previously acted on the Al Borg and Al Mokhtabar merger, the private placement of Wadi Degla for Investment, the management buyout of TBS, the IPO of Arabian Cement Company on EGX, the IPO of IDH (owner of Al Borg and Al Mokhtabar) on the LSE, the sale of Mass Food group, the sale of Nile Badrawi hospital, the sale of Nahda University, and the IPO of Cleopatra hospital on EGX. Mohamed ranks as a Leading Lawyer in Capital Markets, M&amp;A and Restructuring &amp; Insolvency (Egypt) - IFLR 1000, 2017.\r\n\r\n<strong>Ayman Nour, Partner, Head of Egypt Office commented:</strong>\r\n\r\n\"We are delighted to welcome Mohamed to our growing practice in Cairo; it has gone from strength to strength since opening just over a year ago, and Mohamed joining us is a major force to our team and testament to the credibility we are gaining in the market.\r\n\r\nHe is one of the leading corporate lawyers in the region, with extensive knowledge and expertise in the restructuring of corporate groups, listings and initial public offerings on the Egyptian Exchange, and M&amp;A transactions involving listed companies, and he will certainly be an instrumental asset as we look to cement our position as a leading law firm in Egypt.\"\r\n\r\nSince its launch in April 2015, the firm has acted as lead or local counsel on several M&amp;A projects, notably, the 100 million USD acquisition of Fawry (a leading payment technology platform) by a consortium of investors, and the acquisition of the Advanced Holding Co. (known as Misr Bus), one of the key public transportation operators in Greater Cairo by a Emirates National Group. The Firm also represented and assisted the top shareholders of Dar Al Fouad Hospital in their acquisition and takeover of management of the Hospital. Additionally, for Emirates NBD, Al Tamimi acted as mandate lead arranger and lender in connection with an EGP 2 billion Syndicated Long Term Facility to the Egyptian Electricity Holding Company, part of the financing of New Administrative Capital 4800MW power plant and the Borolus 4800MW power plant projects.'),
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(44968, 2286, 'currentURL', 'http://www.tamimi.com/en/news/news-events/news/al-tamimi-company-strengthens-corporate-practice-in-egypt-with-new-partner.html'),
(44969, 2286, '_currentURL', 'field_59d35123ab1e7'),
(44970, 2286, '_yoast_wpseo_metadesc', 'Al Tamimi & Company, has announced the latest partner to join the Cairo office, boosting its Mergers and Acquisitions (M&A) and Capital Markets capabilities after a series of high-profile work in the sector over the past year.'),
(44971, 2287, 'content', '<strong>The Kuwait office of Al Tamimi &amp; Company</strong>, the largest independent law firm in the Middle East, was recently awarded by the International Financial Law Review \"IFLR\", the market leading financial law publication for lawyers, the \"Debt &amp; Equity-Linked Deal of the Year 2016\" for its involvement as legal counsel for Boubyan Bank K.S.C.P. (Bank), a leading Kuwaiti Islamic Bank, in its issuance of Sukuk worth USD $250 Million. Al Tamimi &amp; Company was also recognized by IFLR as the National Law Firm of the Year.\r\n\r\nThe awards ceremony was held in Dubai on 19 October 2016, which honoured all parties involved in the deals at a prestigious black tie event held at Burj Al Arab. Several Partners and key managers collected the Awards on behalf of the firm. Accepting the awards on behalf of Al Tamimi &amp; Company were Alex Saleh (Partner &amp; Head of Office) and Omar Handoush (Head of Banking &amp; Finance).\r\n\r\nThe transaction is the first Sukuk issued by a Kuwaiti Bank to enhance Tier 1 Capital. The transaction used a Mudarabah structure in order to ensure Shari\'a compliance. It will be listed in the NASDAQ market as well as the Irish Stock Exchange and will be priced at 6.75 per cent.\r\n\r\nBoubyan Capital, the investment arm of Boubyan Bank, served as the global coordinator for the issuance along with Standard Chartered and HSBC. Other financial institutions involved in the issuance as bookrunners and joint lead managers include NBD Capital, Dubai Islamic Bank, Emirates, KFH Capital, and the National Bank of Kuwait.\r\n\r\nThe Al Tamimi team was led by Head of Office and Partner, Alex Saleh, as well as Head of Banking &amp; Finance Omar Handoush, Associate El Hassan Abdelrazek and Associate Abdullah Masud.\r\n\r\nThe Awards are chosen from a pool of globally nominated deals and are presented to leading firms in their chosen categories and markets. The judges looked for evidence of legal expertise, innovation and strategic vision in the deals that were nominated. Al Tamimi &amp; Company was up against a strong pool of other international law firms within these areas. Partner and Head of the Kuwait office, Alex Saleh, commented on the awards by stating, \"We are extremely pleased to receive such notable recognition and accolades from the IFLR. We want to thank everyone involved on the deal for their dedication and efforts, especially to the members of Boubyan Bank who made us part of such a ground breaking transaction in the field of Islamic finance. It is truly an honour.\"'),
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(44976, 2287, '_currentURL', 'field_59d35123ab1e7'),
(44977, 2288, 'content', 'Al Tamimi &amp; Company are proud supporters of the 5th ICC MENA Conference: 3 – 5 April 2017\r\n\r\nThe ICC MENA conference is a key event for arbitration professionals who want to keep up to date on the latest arbitration developments in the MENA region.\r\n\r\nClick <a href=\"https://iccwbo.org/event/5th-icc-mena-conference-on-international-arbitration/ \" target=\"_blank\" rel=\"noopener\">here</a> to register and for more details.'),
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(44982, 2288, '_currentURL', 'field_59d35123ab1e7'),
(44983, 2288, '_yoast_wpseo_metadesc', 'Al Tamimi & Company are proud supporters of the 5th ICC MENA Conference: 3 – 5 April 2017 which is a key event for arbitration professionals who want to keep up to date on the latest arbitration developments in the MENA region.'),
(44984, 2289, 'content', 'Al Tamimi &amp; Company, the largest law firm in the Middle East with 17 offices across nine countries, has confirmed the appointment of Thomas Snider as its new Head of Arbitration.\r\n\r\nHarvard Law School educated, Tom joins Al Tamimi as a Partner from a leading international law firm and comes with over 16 years experience specializing in international commercial arbitration, international investment disputes and state-to-state arbitration around the world. He has represented parties in arbitrations involving a range of industries, including oil and gas, mining, automobile manufacturing, and telecommunications, as well as shareholder and joint-venture disputes. He also represented the Government of Ethiopia before the Eritrea-Ethiopia Claims Commission. Who\'s Who Legal Arbitration has identified Tom as a \"future leader\".\r\n\r\nTom\'s appointment comes at a time where arbitration is gaining momentum as a leading form of dispute resolution. The strong growth of international arbitration in the region is reflected in the creation of exciting new arbitral seats and arbitral centers in the UAE and in the Arabian Gulf. Regional arbitration institutions are enhancing their rules as they compete for a share of the increasing caseload, and arbitral seats are cooperating with local and foreign courts to enhance the enforceability of their arbitral awards. Regional courts are demonstrating their commitment to support arbitration and to enforce foreign arbitral awards.\r\n\r\nEssam Al Tamimi, Senior Partner at Al Tamimi and a leading international arbitrator commented:\r\n\r\n\"Tom\'s appointment could not be timelier. He joins our firm at a time that international arbitration in the UAE and the Middle East is going from strength to strength, as witnessed by the proliferation of arbitral institutions and rules in the region.\r\n\r\nI am confident that Tom\'s extensive experience in international arbitration will enable him to ensure the continued growth and development of the practice across the region as arbitration continues to be the preferred method of resolving complex, high-value disputes.\"\r\n\r\nThomas Snider commented:\r\n\r\n<em>Joining the leading law firm in the Middle East is an exciting move for me professionally, and I am very much looking forward to working with the highly regarded team to further build the profile of arbitration at Al Tamimi across the region and globally.\"</em>'),
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(44995, 2290, 'content', 'The White Collar Crime Institute was established over 30 years ago and attracts leading figures from legal and academic fields to discuss the most significant issues pertaining to financial crime and complex cross border matters around the globe, with the aim of contributing to development and strategy in the area. Ibtissem has been invited to participate as part of a panel of experts exploring issues related to evidence gathering in multi-jurisdictional investigations. Ibtissem will share her expertise on various issues including data gathering, anti-corruption, data privacy and investigations. For any queries on these topics, please contact Ibtissem at <a href=\"mailto:i.lassoued@tamimi.com\">i.lassoued@tamimi.com</a>.'),
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(45001, 2292, 'content', 'The Dubai Land Department has introduced a standard form tenancy contract for use in relation to all commercial, industrial and residential leases of property located in the Emirate of Dubai.\r\n\r\nFor more information <a href=\"https://goo.gl/xzsKBJ\" target=\"_blank\" rel=\"noopener\">click here</a>'),
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(45007, 2293, 'content', 'Steve Bainbridge, Head of Al Tamimi &amp; Company\'s Sports Law &amp; Events Management team is participating in the Major Events Safety &amp; Security Summit (ME3S). Delegate registration is now open. The last day of this event, 27th April 2017, will be open to selected local and regional market stakeholders creating a \"Unique Community Experience\". Limited seats are available, <a href=\"https://goo.gl/8KeFhn \" target=\"_blank\" rel=\"noopener\">click here</a> to register.'),
(45008, 2293, '_content', 'field_59b649b5c8b2b'),
(45009, 2293, 'design_option', 'no-image'),
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(45013, 2294, 'content', 'At the end of last year, the UAE government issued a new bankruptcy law which was regarded as an important step towards its insolvency regime. Gary Watts, Head of Corporate Commercial at Al Tamimi &amp; Company, speaks to Tina Ghanem, Head of Accelerate SME at Thomson Reuters MENA, on what this law means for businesses across the UAE, <a href=\" http://mena.thomsonreuters.com/en/videos/the-bankruptcy-law-in-the-united-arab-emirates.html\" target=\"_blank\" rel=\"noopener\">click here</a>.'),
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(45019, 2295, 'content', 'Al Tamimi is very pleased to be the first firm in the region to establish a dedicated Tax practice covering the Middle East with the appointment of Shiraz Khan, Senior Tax Advisor.\r\n\r\nThe global tax landscape has shifted significantly with governments in many countries facing budget deficits and constant media and public attention focusing on the \"fair share of tax\" debate and tax transparency. This has led to changes in tax policies at both the international and governmental level and resulted in changes to tax laws and stricter enforcement strategies on a global scale.\r\n\r\nIn order to have certainty on tax, organisations must keep pace with the constant tax developments and legislative changes. It is important for businesses in the Middle East to partner with a trusted tax advisor to proactively manage tax and reputational risk and navigate the increasingly complex international tax environment.\r\n\r\nLed by Ahmed Ibrahim, Partner and Head of Capital Markets, the team will provide and manage cross border tax advice to multinational corporations, financial institutions, sovereign wealth funds, private equity groups, investment funds, real estate investment houses, family offices, joint ventures and other regional organisations.\r\n\r\nThe service offering will include Inbound Tax Advisory, International Tax Structuring and Planning, Mergers &amp; Acquisitions Tax, Value Added Tax (VAT), Tax Disputes and Litigation and Tax Risk Management.\r\n\r\nShiraz is a highly regarded tax professional with over 15 years of international tax experience across the Middle East, Europe, Africa, Asia and the Americas. He brings with him a unique tax skill set having worked in private practice and led a global in-house tax function.\r\n\r\nWith the imminent introduction of VAT in the GCC from 2018 and the increasingly complex global and regional corporate tax landscape that impacts businesses in the Middle East, we are very confident that our new Tax practice will enable Al Tamimi to provide even greater value to our clients.\r\n\r\nIf we can provide any assistance, please contact Shiraz Khan <a href=\"mailto:s.khan@tamimi.com\">s.khan@tamimi.com</a>  or Ahmed Ibrahim <a href=\"mailto:a.ibrahim@tamimi.com\">a.ibrahim@tamimi.com</a>'),
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(45025, 2296, 'content', 'His Highness Sheikh Mohammed bin Zayed Al-Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, announced on Wednesday the waiver of the 20 per cent co-pay for all private medical treatment provided in Abu Dhabi to UAE Nationals under their Thiqa health insurance plan. This decision reverses the 20 per cent co-pay requirement that was initially imposed on 1 July 2016. Prior to the implementation of the 1 July co-pay requirement, Thiqa patients received full coverage for health services at both private and public hospitals in Abu Dhabi.\r\n\r\nThe imposition co-pay requirements for all health services to Thiqa patients provided at private facilities in Abu Dhabi was part of sweeping health insurance changes imposed on 1 July 2016. In addition to the co-pay, the per cent of costs covered for treatment received by Thiqa patients outside of the emirate was also reduced. Healthcare facilities that did not collect the co-payment risked termination of their contracts with Daman.\r\n\r\nWe understand that the intent of the co-pay and reduced cost coverage was to steer Thiqa patients to governmental hospitals and help limit unnecessary and excessive use of healthcare services and, consequently, decrease healthcare costs in the emirate. It quickly became apparent, however, that the co-pay was detrimentally affecting the neediest, such as those who can only receive long-term care through a private facility, where co-pays can be over AED 40,000 per month. Consequently, the first waiver was granted, effective 23rd January 2017, for Thiqa patients receiving private home health services and treatment at long-term care facilities. This waiver was, however, not retroactive.\r\n\r\nImplementation of a further waiver, which was announced on 26 April 2017, provides full relief from the 1 July co-pay requirement across all private healthcare services provided to Thiqa members in Abu Dhabi. While the waiver has been granted to Thiqa card holders, the previous changes to coverage for individuals under Daman\'s Abu Dhabi Basic Plan insurance will remain.\r\n\r\nThis expanded waiver comes as a welcomed announcement in the industry as the decision further opens the doors to investors who, due to the co-pay, had seen investment in private healthcare offerings in Abu Dhabi to be a less attractive opportunity than previously. The attractiveness of such investments will increase UAE National and ex-pat patient choice and access to a greater range of healthcare providers and additional services that may not be available in public facilities.\r\n\r\nWe understand that the Health Authority - Abu Dhabi has welcomed the announcement and that the development of a medical city, as recently announced by His Highness, will further enable them to attract investment in healthcare and to ensure that the correct specialties are available to meet the current and future demand for healthcare services.\r\n\r\nIn addition to this welcomed announcement, we understand that changes to the existing restrictions on foreign ownership of property in Abu Dhabi are being considered and, if implemented, these changes should make investing in healthcare in Abu Dhabi a more attractive opportunity.\r\n\r\nBy creating more opportunities for the provision of innovative healthcare services, the government of Abu Dhabi is helping to ensure that the capacity is developed to meet the growing demand for healthcare services in Abu Dhabi.\r\n\r\nFollowing this announcement, investors and operators in healthcare should re-examine their strategic plans and re-consider their opportunities in Abu Dhabi. Al Tamimi will continue to be a source of reference to the Health Authority - Abu Dhabi and the UAE healthcare industry.\r\n\r\nChristina Sochacki\r\nSenior Associate,\r\nCorporate Commercial / Healthcare\r\n<a href=\"mailto:c.sochacki@tamimi.com\">c.sochacki@tamimi.com</a>'),
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(45031, 2297, 'content', 'We have proudly published a real estate guide \'Know Your Rights for Real Estate Investors in Dubai\' with the Dubai Land Department. The guide provides companies and individuals with the vital information they need when considering investing in real estate in Dubai and seeks to answer some of the most important questions that investors have regarding their real estate investments and dealings with government authorities, developers and other relevant parties. The guide also provides a checklist of the key aspects that an investor needs to be aware of when buying real estate off-plan in Dubai.\r\n\r\nThe guide has been published in <a href=\"https://cld.bz/bookdata/PJqnxwo/basic-html/page-1.html#\" target=\"_blank\" rel=\"noopener\">English</a> and <a href=\"https://cld.bz/bookdata/7uzQgwt/basic-html/page-1.html#\" target=\"_blank\" rel=\"noopener\">Arabic</a>.'),
(45032, 2297, '_content', 'field_59b649b5c8b2b'),
(45033, 2297, 'design_option', 'no-image'),
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(45037, 2298, 'content', '<ul>\r\n 	<li>Wins prestigious award of Regional Law Firm of the Year, Large Practice</li>\r\n 	<li>Associate of the Year won by Christina Sochacki, Senior Associate, Healthcare Group</li>\r\n 	<li>Highly commended in four categories and shortlisted in a record number of 12 categories<span id=\"_plain_text_marker\"> </span></li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Dubai, UAE</strong>: Al Tamimi &amp; Company has been named Regional Law Firm of the Year, Large Practice after securing the prestigious award at the Middle East Legal Awards held in Dubai on Thursday 11th May, 2017. Al Tamimi was praised for its commitment to regional expansion, a key strategy of the firm to ensure that they are close to their clients doing business in the region.\r\n\r\nSenior Associate, Christina Sochacki won the highly anticipated Associate of the Year award for her stellar efforts in assisting to raise the profile and client base of the firm\'s Healthcare Group. The Healthcare group works with clients in the sector across the region and has grown from strength to strength over the past three years.\r\n\r\nAl Tamimi was also highly commended in four categories including Employment Team of the Year, Corporate Team of the Year, Litigation Team of the Year and Real Estate Team of the Year, and was shortlisted in a record 12 categories. The Middle East Legal Awards which are jointly hosted by Legal Week and the Association of Corporate Counsel (ACC) Middle East chapter have fast become the region\'s premier legal awards and they continue to attract the best of the best.\r\n\r\nSuccess at the awards ceremony follows a strong 12 months for Al Tamimi. The firm achieved excellent results in leading legal directories, Chambers &amp; Partners and Legal 500 which were recently announced with more rankings and mentioned lawyers than previous years. It also recently launched a new Tax practice to assist clients with the new legislation taking effect in the GCC from 2018 and expanded its presence with a new office in Al Khobar, KSA bringing the total number of offices to 17 in nine countries.\r\n\r\nHusam Hourani, Managing Partner at Al Tamimi &amp; Company, said:\r\n\r\n\"<em>We are truly delighted with our success at the Middle East Legal Awards, which reinforces our position as the leading law firm in the region. We are also very pleased to know that one of our associates was recognised as Associate of the Year, a first for the firm.</em>\r\n\r\n<em>Al Tamimi &amp; Company has had a strong start to 2017 and we continue to focus on what is important: providing our clients with sound, quality legal advice. These awards celebrate excellence and are testament to all our lawyers\' experience, expertise and dedication to clients. I am extremely proud of what has been achieved in recent months and look forward to that positive momentum continuing for the remainder of the year and into 2018.\"</em>'),
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(45048, 2299, 'content', '<ul>\r\n 	<li><strong>Alex Ghazi, former Group General Counsel at Arabtec joins the firm as Head of Office effective 1 June 2017</strong></li>\r\n 	<li><strong>Appointment integral to the growth of the Abu Dhabi office for the firm</strong></li>\r\n</ul>\r\n<strong> </strong>\r\n\r\n<strong>UAE:</strong> Al Tamimi &amp; Company, the largest law firm in the Middle East has announced their latest Head of Office recruit, Alex Ghazi, former Group General Counsel and Company Secretary for Arabtec Holding PJSC, based in Abu Dhabi.\r\n\r\nAlex has over 21 years experience having spent most of his career as a corporate and commercial lawyer, involved in various international transactions. Over the years, he led various legal teams and departments in different industrial sectors, starting from real estate development, to automotive, to construction.\r\n\r\nHe obtained his LLM (Masters Degree) in International Business Law in 1993, from France, and after training and working with Clifford Chance in Paris and Dubai. He then moved to Marriott International in Dubai and then London, heading the legal department for Europe and the Middle East. He later became the Chief Legal Officer for Abdul Latif Jameel in Jeddah before joining Arabtec, in July 2013 as Chief Legal Officer for Arabtec Construction.\r\n\r\nHusam Hourani, Managing Partner at Al Tamimi &amp; Company, said:\r\n\r\n<em>\"We are delighted to have secured Alex for this important position as we look to further establish our presence in Abu Dhabi. The past five years have seen very strong results from the firm with 56% increase in revenue for the Abu Dhabi office, at a time where we\'ve seen firms exit the market.\"</em>\r\n\r\n\"<em>Alex, aside from being an outstanding lawyer, is also very much admired for his leadership and commitment to providing superior legal services. We are very pleased to welcome him to the firm as head of office and look forward to the future with him at the helm of the office there.\"</em>\r\n\r\nOn his appointment, Alex Ghazi stated:\r\n\r\n\"<em>With the on-going mergers in Abu Dhabi, there is an evident paradigm shift in the market: the focus has turned to productivity, profitability and accountability. With the increased competition, the rules and regulations become stricter and all the players will need to ensure full and continued compliance. But above all, they will also require a clearer vision of the anticipated changes. Al Tamimi, with its vast local experience and regional presence, should be the right business partner to help evolve and adapt to the new market conditions.</em>\r\n\r\n<em>With Al Tamimi\'s reputation in the region and the quality of the Abu Dhabi office team, it was not a difficult decision for me to make. I am delighted to embark on this new and exciting journey.\"</em>\r\n\r\nAl Tamimi has had a strong start to 2017 and was recently recognised for its achievements at the Middle East Legal Awards, winning the \'Regional Firm of the Year – Large Practice\' award and being shortlisted in a record 12 categories.'),
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(45054, 2299, '_yoast_wpseo_metadesc', 'l Tamimi & Company, the largest law firm in the Middle East has announced their latest Head of Office recruit, Alex Ghazi, former Group General Counsel and Company Secretary for Arabtec Holding PJSC, based in Abu Dhabi.'),
(45055, 2301, 'content', 'The UAE Bankruptcy Law came into force on 30 December 2016. So far, it has not been tested in the Courts. Al Tamimi &amp; Company recently held a major forum on the new law with major UAE corporate clients and financial institutions participating. There is a general expectation that the law will soon be playing a prominent role in the UAE legal landscape. Everyone in business and banking should be aware of salient points which emerged from the forum.\r\n\r\nTo read the full report, please <a href=\"http://www.tamimi.com/en/media/get/20170613_Bankruptcy-Client-Alert.pdf\">click here</a>'),
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(45061, 2302, 'content', 'We are delighted to announce the promotion of six lawyers to the partnership and the appointment of our new Head of Abu Dhabi office.\r\n\r\nOur newly promoted partners; <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=divya&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Divya Abrol Gambhir (Dubai, UAE)</a>, <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=foutoun&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Foutoun Hajjar (Bahrain)</a>, <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=Omar+Handoush&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Omar Handoush</a><a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=Omar+Handoush&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">(Kuwait)</a>, <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=ahmad+saleh&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Ahmad Saleh (Dubai, UAE)</a>, <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=jeremy+scott&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Jeremy Scott (Dubai, UAE)</a> and <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=willem&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Willem Steenkamp (Dubai, UAE)</a> will officially join the partnership on 1st July 2017.\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=alex+ghazi&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Alex Ghazi</a>, former Group General Counsel and Company Secretary for Arabtec Holding PJSC has joined Al Tamimi\'s Abu Dhabi office. We are very pleased to welcome Alex to the firm.\r\n\r\nThis latest development takes the total number of partners for the firm to 60, which further strengthens our regional footprint and cross-border capabilities. Al Tamimi has had a strong start to 2017 and the firm was recently recognised for its achievements at the Middle East Legal Awards, winning the \'Regional Firm of the Year – Large Practice\' award and being shortlisted in a record 12 categories.\r\n\r\n&nbsp;'),
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(45067, 2302, '_yoast_wpseo_metadesc', 'Al Tamimi & Company is delighted to announce the promotion of six lawyers to the partnership and the appointment of our new Head of Abu Dhabi office.'),
(45068, 2303, 'content', 'The UAE Ministry of Finance has issued the much awaited UAE VAT law and launched a new dedicated tax website for the Federal Tax Authority.\r\n\r\nThe VAT law is based on the common principles agreed by all GCC countries in the GCC VAT framework agreement, which was published in the Official Gazette on 21 April 2017. The executive regulations, which will contain more details on the application of the VAT, are expected to be published during the final quarter of 2017.\r\n\r\nThe key highlights of the UAE VAT law are as follows:\r\n<ul>\r\n 	<li>As previously announced by the UAE Ministry of Finance, the VAT law now confirms that VAT will be implemented in the UAE and be effective from 1 January 2018.</li>\r\n 	<li>VAT will be imposed on a taxable supply of goods or services for consideration and deemed supplies by a taxable person conducting business in the UAE and the import of taxable goods. Taxable supply in this context includes imports of goods and services subject to the reverse charge mechanism.</li>\r\n 	<li>In accordance with the GCC VAT framework agreement, the standard rate will be 5%.</li>\r\n 	<li>The supplier of the goods or services, the importer of taxable goods and the taxable person registered for VAT who acquires goods will be required to account for VAT.</li>\r\n 	<li>VAT registration will be compulsory where the annual supplies exceed the mandatory registration threshold (AED 375,000). VAT registration will be optional if the mandatory registration threshold requirement is not met and the taxable supplies or expenses exceed the voluntary registration threshold (AED 187,500).</li>\r\n 	<li>Group VAT registration will be available for related parties subject to certain conditions.</li>\r\n 	<li>Government entities will also required to register for VAT in accordance with a cabinet decision to be issued.</li>\r\n 	<li>Zero rated supplies include certain exports, international transportation, supply of certain education and healthcare services and related supplies, certain investment grade precious metals, supply of crude oil and natural gas, supply of newly constructed residential properties within 3 years of completion and supply of certain land, sea, and air means of transportation.</li>\r\n 	<li>Exempt supplies will include certain financial services, residential supplies other than the first supply noted above, bare land and local passenger transport.</li>\r\n 	<li>A person not registered for VAT will be required to pay tax on import of taxable goods from outside the GCC at the time of import.</li>\r\n 	<li>Subject to certain exceptions, a designated zone that meets the conditions specified in the regulations shall be treated as being outside the UAE and goods transferred from one designated zone to another designated zone will not be subject to VAT.</li>\r\n 	<li>A margin scheme and capital assets scheme will be available on certain taxable supplies in accordance with the VAT regulations.</li>\r\n 	<li>Bad debt relief will be available for debts written off by VAT registered businesses in certain circumstances.</li>\r\n 	<li>There are various transitional rules for cases where payments or invoices are advanced before 1 January 2018; where contracts are concluded before 1 January 2018 and are silent on VAT; and contracts are concluded before 1 January 2018 but the supply is made after this date.</li>\r\n</ul>\r\nAs the VAT registration process will open on a voluntary basis from mid-September and there is only four months remaining for VAT to be effective in the UAE, it is important for you to undertake a VAT impact assessment to understand the impact of VAT on your business and to comply with your VAT obligations.\r\n\r\nIf you have any questions on the above or require any assistance with VAT implementation, please do not hesitate to contact us.\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=shiraz+khan&amp;practice=&amp;location=&amp;=Search\" target=\"_blank\" rel=\"noopener\">Shiraz Khan</a>, <em>Senior Tax Advisor, Al Tamimi &amp; Company </em>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers/page/2?lawyername=ahmed&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Ahmed Ibrahim</a>, <em>Partner &amp; Head of Equity Markets, Al Tamimi &amp; Company</em>\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=brinda&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Brinda Shroff</a>, <em>Associate, Al Tamimi &amp; Company</em>'),
(111388, 2303, 'core_values', ''),
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(45074, 2303, '_yoast_wpseo_metadesc', 'The UAE Ministry of Finance has issued the much awaited UAE VAT law and launched a new dedicated tax website for the Federal Tax Authority.'),
(45075, 2304, 'content', 'Following the issue of the final VAT law on 28 July 2017, the Kingdom of Saudi Arabia has published its final VAT implementing regulations.\r\n\r\nAs KSA has now issued the full VAT legislation, which comprises the law and the regulations, businesses have the complete set of information necessary in order to analyse the VAT implications for their operations, people, processes, contracts and IT systems and to prepare before 1 January 2018.\r\n\r\nThe key features of the KSA VAT regulations are as follows:\r\n<ul>\r\n 	<li>Effective date – the VAT law and executive regulations confirm that VAT will be effective from 1 January 2018.</li>\r\n 	<li>Scope of VAT – VAT is imposed on all taxable supplies of goods and services in KSA by a taxable person or received in KSA by a taxable person where the reverse charge mechanism applies and on imports of goods.</li>\r\n 	<li>Mandatory VAT registration – businesses must register by 20 December if their annual turnover exceeds the mandatory registration threshold of SAR 375,000. Businesses with turnover of less than SAR 1 million can defer registration until 31 December 2018 and businesses that make exclusively zero rated supplies may register voluntarily even if the value of the supplies exceed the mandatory registration threshold. GAZT had already started registering large businesses automatically based on existing records. Businesses that are eligible to register and have not received any notification from GAZT that they have been automatically registered may register online.</li>\r\n 	<li>Voluntary VAT registration - an option to register will be available for businesses where the annual taxable supply is below the mandatory registration threshold but exceeds the voluntary registration threshold of SAR 187,500.</li>\r\n 	<li>Group Registration – related companies may apply for VAT group registration subject to certain conditions.</li>\r\n 	<li>Zero rated supplies – export of goods, services supplied to customers outside the GCC, international and intra-GCC transportation, investment grade precious metals, medicine and medical equipment.</li>\r\n 	<li>Exempt supplies – leases of residential real estate, life insurance and margin-based financial services.</li>\r\n 	<li>Compliance – Businesses with taxable supplies exceeding SAR 40 million will be required to submit VAT returns on a monthly basis and all other persons will be required to file returns on a quarterly basis. The VAT return and payment will be due within a month from the end of the tax period.</li>\r\n 	<li>Transitional rules – there are various transitional provisions including a provision that deals with contracts entered into before 30 May 2017 that are silent on VAT.</li>\r\n</ul>\r\nWith less than 4 months left until VAT is implemented in KSA, Al Tamimi will be happy to undertake a VAT impact assessment to help you understand the impact of VAT on your business and to enable you to comply with your VAT obligations.\r\n\r\nIf you have any questions on the above or require any assistance with VAT implementation, please do not hesitate to contact us.\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=shiraz&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Shiraz Khan</a>, Senior Tax Advisor, Al Tamimi &amp; Company\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers/page/2?lawyername=ahmed&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Ahmed Ibrahim</a>, Partner &amp; Head of Equity Markets, Al Tamimi &amp; Company\r\n\r\n<a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=grahame&amp;practice=&amp;location=&amp;.x=0&amp;.y=0\" target=\"_blank\" rel=\"noopener\">Grahame Nelson</a>, Partner, Head of Office - Riyadh'),
(111345, 2304, 'core_values', ''),
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(45081, 2305, 'content', 'Value Added Tax (VAT) will start in the UAE from 1 January 2018.\r\n\r\nWhat you need to know:\r\n\r\n<strong>Who has to pay VAT?</strong>\r\n\r\nIf your business provides goods or services, it must be registered for VAT. Examples include:\r\n\r\n1. main contractors performing work for owners;\r\n2. subcontractors performing work for head contractors;\r\n3. consultants providing advice or services; and\r\n4. suppliers selling goods.\r\n\r\nWe\'ll call these businesses \'sellers\' and their customers \'buyers\'.\r\n\r\nHow will VAT affect contracts signed before 1 January?\r\n\r\nIf your contract is formed before the VAT start date, any part of the supply occurs after the start date, and the contract doesn\'t cover tax, the contract price, or relevant part, will be inclusive of VAT. The seller will have to pay VAT to the government and will not be able to pass that VAT onto the buyer.\r\n\r\nThere will likely be an exception to this rule: if the buyer is VAT-registered and can recover the VAT, then the seller can add VAT to the price so that the buyer pays for it. The buyer could then deduct that VAT in its tax return. We are awaiting confirmation of this rule.\r\n\r\nSellers should be especially careful here: if the price is VAT-inclusive because the contract doesn\'t cover tax, the seller will automatically be liable for VAT, regardless of whether they didn\'t include it in the price. Sellers could accidentally cost themselves 5% of the price this way.\r\n\r\nSome contracts, such as FIDIC, allow sellers to adjust the price if a change of law affects the seller\'s ability to perform the contract. It is uncertain if such a provision would qualify as \"a clause relating to tax\". This means it probably wouldn\'t protect sellers\' ability to recover VAT, because VAT liability would not interfere with the seller carrying out their obligations. Similarly most contracts will not allow for price changes due to changes in cost and will not allow for VAT to pass through to the buyer.\r\n\r\nFor any new contracts, the parties can negotiate who will be responsible for VAT, and in what amount. They must include such arrangements in their contracts.\r\n\r\n<strong>Tips!</strong>\r\n<ul>\r\n 	<li>Make sure any new contracts made before 1 January 2018 cover VAT.</li>\r\n 	<li>Check your existing contracts for VAT liability.</li>\r\n 	<li>Contracts formed before the start date with supply happening in whole or in part after the start date will be covered by further transitional rules in the executive regulations, which are likely to be released later this year. Watch out for our updated alert when this happens.</li>\r\n</ul>\r\nFor more information or help contact <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=scott&amp;practice=&amp;location=&amp;=Search\" target=\"_blank\" rel=\"noopener\">Scott Lambert</a>, Head of Construction &amp; Infrastructure at <a href=\"mailto:s.lambert@tamimi.com\" target=\"_blank\" rel=\"noopener\">s.lambert@tamimi.com</a> or on +971 4 3641 641 or +971 56 409 1035.'),
(111602, 2305, 'core_values', ''),
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(45086, 2305, '_currentURL', 'field_59d35123ab1e7'),
(45087, 2306, 'content', 'In order to establish an efficient complaint processing and settling system in Egypt, the Cabinet issued Decree No. 1855/2017.\r\n\r\nBy virtue of this Decree, the service offices competent to receive, register and settle citizens\' complaints are now unified and connected by a website www.shakwa.com (\'shakwa\' is \'complaint\' in Arabic). Further, the Decree provides for the establishment of several committees, units and sectors, ensuring the enforceability and implementation of the provisions of the Decree within all governmental authorities in Egypt.\r\n\r\nWhat Does the Decree Do?\r\n\r\nInstruments provided under the Decree:\r\n<ul>\r\n 	<li>create a unified venue for registering complaints and queries of the citizens who solicit the services of the service offices;</li>\r\n 	<li>identify common complaints and find solutions to the citizens\' complaints;</li>\r\n 	<li>conduct research on news published in newspapers and magazines regarding the problems faced by citizens; and</li>\r\n 	<li>prepare reports on the performance of the service offices to the director of the service offices while providing recommendations on enhancing such performance.</li>\r\n</ul>\r\nThe Decree sets the following obligations on all governmental authorities in order to ensure that the newly enhanced service is accessible:\r\n<ul>\r\n 	<li>Connecting all governmental service offices through the website;</li>\r\n 	<li>Facilitating the communication of the citizens\' complaints to the relevant officers who are competent to process, deal with and settle the complaints;</li>\r\n 	<li>Ensuring the confidentiality of the citizens\' data and the content of their complaints;</li>\r\n 	<li>Guaranteeing to keep the complaining citizens safe from potential negative implications of having filed the complaint; and</li>\r\n 	<li>Keeping the physical offices open to those unable to register on the website.</li>\r\n</ul>\r\nHow Can We Help?\r\n\r\nOur team of experts would be delighted to assist you particularly in relation to the following:\r\n<ul>\r\n 	<li>Helping our clients draft their complaints and queries addressed to any governmental authority;</li>\r\n 	<li>Following-up on such complaints and holding discussions with the relevant governmental offices, in light of the content of the complaints; and</li>\r\n 	<li>Providing legal advice regarding the standards and the documents required for the submission of a complaint through the designated website.</li>\r\n</ul>\r\nShould you wish to learn more about the Shakwa System, please contact <a href=\"mailto:a.nour@tamimi.com\" target=\"_blank\" rel=\"noopener\">Ayman Sherif Nour</a>, Partner, Head of Office - Egypt and <a href=\"mailto:f.elnahas@tamimi.com\" target=\"_blank\" rel=\"noopener\">Farah El Nahas</a>, Associate, Corporate Structuring.'),
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(45093, 2307, 'content', 'We are pleased to announce the appointment of <a href=\"http://www.tamimi.com/en/section/lawyers?lawyername=stuart&amp;practice=&amp;location=&amp;=Search\" target=\"_blank\" rel=\"noopener\">Stuart Davies</a> as the new Head of the Technology, Media and Telecommunications (TMT) practice based in the Dubai office.\r\n\r\nPrior to joining Al Tamimi, Stuart gained extensive international experience working in private practice and in-house in London and Asia; most recently working for Ooredoo (previously Q-Tel) in Qatar, where he undertook various roles in the group\'s legal team and its New Business Unit. He has worked with a wide range of clients locally and internationally. Stuart works on a broad range of corporate and commercial matters across TMT, advising on large telecommunications projects, strategic digital partnerships, infrastructure, vendor agreements and data centres. Stuart also has significant media experience and within the technology space, he has expertise on fundraising, payment solutions, e-commerce and OTT messaging.\r\n\r\nWith a core presence in the Dubai International Financial Centre, and now with specialist colleagues in various Al Tamimi offices across the region, Al Tamimi &amp; Company\'s TMT practice regularly acts as a one-stop source of advice on Middle East technology, media and telecommunications matters.\r\n\r\n<strong>Husam Hourani, Managing Partner at Al Tamimi &amp; Company, said;</strong>\r\n\r\n\"I am delighted to announce the appointment of Stuart to his new role. Stuart\'s appointment will further strengthen the TMT practice and his extensive experience and market knowledge will enable him to share valuable insight into how we can continue to support our clients.\r\n\r\nThe UAE, and the broader Middle East region, is undergoing rapid transformation in the TMT space. With a significant appetite for harnessing innovation, and budgets to match, government and industry across the region are requiring legal support on technology-related projects and legal issues.\"\r\n\r\n<strong>Commenting, Stuart Davies, said;</strong>\r\n\r\n\"I am delighted to have joined such a prestigious firm, and I look forward to helping build on Al Tamimi\'s already impressive TMT team and close relationships with the burgeoning local and regional telecommunications, media and technology industry.\"'),
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(45104, 2308, 'content', 'Significant matters of the Banking &amp; Finance practice include advising:\r\n<ul>\r\n 	<li><strong>Dubai Islamic Bank PJSC</strong> on the first REIT to be established in the DIFC.</li>\r\n 	<li><strong>Dolphin Energy Limited</strong> with respect to the USD 4.1 billion refinancing for the Dolphin pipeline.</li>\r\n 	<li><strong>Dubai Islamic Bank</strong> on regulatory and commercial issues arising out of its acquisition of a controlling interest in Tamweel PJSC, a major issuer of publicly-trader sukuks and bonds.</li>\r\n 	<li><strong>A syndicate of lenders</strong> in relation to a USD 634 million syndicated loan provided to Shams Power Company PJSC for the construction of a solar power plant in Abu Dhabi.</li>\r\n 	<li><strong>A syndicate of lenders</strong> in relation to the financial restructuring of National Central Cooling Company PJSC (Tabreed) resulting in an AED 2.78 billion senior conventional and Islamic syndicated facility.</li>\r\n 	<li>On a variety of real estate financing transactions, including Uptown Mirdiff Mall and Al Ghurair Mall.</li>\r\n 	<li>On the first Sukuk to be issued in Jordan.</li>\r\n 	<li>On the drafting and implementation of a long-term \"Mosataha\" Agreement (renovate-operate-own-transfer agreement) in relation to a renowned country club in Iraq.</li>\r\n 	<li><strong>Two major UK Banks</strong> on the proposed convertible bond issue by United Development Company P.S.C., a Qatari listed company.</li>\r\n 	<li><strong>Qatar Islamic Bank</strong> in connection with a Sukuk bond issue.</li>\r\n</ul>'),
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(45115, 2310, 'content', '<p class=\"ATCOBodyText\">A snapshot of some of our recent construction and infrastructure experience includes advising:</p>\r\n\r\n<ul>\r\n 	<li>A major <strong>Dubai government</strong> related property developer on a range of contract related engagements, including re-drafting the developer’s entire construction and consulting suite of contracts;</li>\r\n 	<li>A <strong>government entity</strong> on drafting and negotiating various concession arrangements for the expansion of an international airport in the UAE;</li>\r\n 	<li>A <strong>government entity</strong> on a long-term wastewater concession project for one of the UAE’s northern Emirates;</li>\r\n 	<li>A major <strong>Dubai property developer</strong> in documenting and negotiating a two stage contract arrangement with an international builder for the design and construction of an iconic Dubai business tower;</li>\r\n 	<li>A <strong>provider of district cooling services</strong> in the UAE regarding a significant acquisition of a competing district cooling company;</li>\r\n 	<li>An <strong>international contractor</strong> on a multi-billion Riyal construction contract for a hospital project in Saudi Arabia;</li>\r\n 	<li>A <strong>global confectionary company</strong> on the expansion of an existing  factory facility in Dubai;</li>\r\n 	<li>A major <strong>Abu Dhabi based bank</strong> regarding the proposed acquisition of a significant development project in Abu Dhabi;</li>\r\n 	<li>On the procurement and construction of several mixed commercial use towers at Al Reem Island, Abu Dhabi;</li>\r\n 	<li>A major <strong>Dubai government</strong> related property developer in documenting and negotiating the restructure of a Palm Jumeirah hotel development;</li>\r\n 	<li>A large <strong>UAE contractor</strong> on claims and disputes regarding a number of large infrastructure contracts in Dubai;</li>\r\n 	<li>A publically listed <strong>health care services provider</strong> on the construction of a new clinic in Abu Dhabi; and</li>\r\n 	<li>An <strong>international contractor</strong> in relation to an EPC contract with a major regional oil company.</li>\r\n</ul>\r\n&nbsp;'),
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(45126, 2312, 'content', 'Significant matters of the Commercial practice include advising:\r\n<ul>\r\n 	<li><strong>Cummins Middle East FZE</strong> in relation to various corporate/commercial aspects of their business.</li>\r\n 	<li><strong>A UAE based operations for large chocolate manufacturer</strong> on all corporate/commercial aspects of their business - acting as regional coordinator for the GCC, Yemen &amp; Pakistan.</li>\r\n 	<li><strong>Harley-Davidson Motors</strong> as MENA counsel on all commercial and antitrust issues.</li>\r\n 	<li><strong>Jaguar Land Rover</strong>, throughout the network of Al Tamimi &amp; Company offices, in respect of commercial agency and distributorship issues.</li>\r\n 	<li><strong>Novartis</strong> on all corporate and commercial aspects of their business in the GCC.</li>\r\n 	<li><strong>Various members of the Emaar Group</strong> on a number of commercial arrangements including distribution agreements and joint ventures.</li>\r\n 	<li><strong>Whitbread PLC</strong> in connection with a joint venture with Emirates to establish Premier Travel Inns regionally and in respect of the associated franchise arrangements relating to the Premier Travel Inn brand.</li>\r\n 	<li>Multi-national clients including <strong>Bose, Canon, Cummins, United Parcel Service and Tetra-Pak</strong> on general commercial issues.</li>\r\n 	<li>Franchisees and franchisors of a number of well known brands including <strong>Hamley\'s Toy Stores, California Pizza Kitchen </strong>and<strong> Oscar de la Renta</strong>.</li>\r\n 	<li>Established hotel brands including <strong>Marriott, Intercontinental </strong>and<strong> Crowne Plaza hotels</strong> on hotel management agreements.</li>\r\n</ul>'),
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(45137, 2314, 'content', 'Significant matters of the Corporate Structuring practice include advising:\r\n<ul>\r\n 	<li><strong>A leading European multi - national</strong> in the IT sector on the optimal structure to set up in the UAE for the performance of government related sub contracts.</li>\r\n 	<li><strong>The Government of Dubai and the Government of Sharjah</strong> on the establishment of free zones in respective Emirates.</li>\r\n 	<li><strong>A European manufacturer of office equipment</strong> on the most suitable corporate structure to commence regional operations.</li>\r\n 	<li><strong>A leading mobile manufacturer</strong> on an optimal corporate structure to set up a self operated distribution/retail network.</li>\r\n 	<li><strong>A leading multinational machinery manufacturer</strong> on a proposed regional restructuring in order to bring all its regional corporate assets under an operating company in Jebel Ali Free Zone.</li>\r\n 	<li><strong>An American multinational company</strong> that operates one of the most used search engines on the internet regarding local regulatory framework in the context of its acquisition of a local entity.</li>\r\n 	<li><strong>A leading American chemical company</strong> in relation to a proposed restructuring, involving setting up an entity in a free zone in Dubai to conduct its current business activities in the UAE.</li>\r\n 	<li><strong>An Abu Dhabi investment bank</strong> on constructing and implementing the optimal corporate structure to acquire a group of corporate entities compromising both sole establishments and onshore limited liability companies in the UAE.</li>\r\n</ul>'),
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(45148, 2316, 'content', '<p>Significant matters of the Dispute Resolution practice include advising:</p>\r\n<ul>\r\n<li>On one of the highest value arbitrations in the region following termination of a landmark construction contract and claims arising therefrom. </li>\r\n<li>A <strong>major and prominent construction company</strong> in proceedings filed in the Abu Dhabi Court against a Kuwaiti company in a dispute arising in connection with bank guarantees to the value of AED 500 million.&nbsp; </li>\r\n<li>A <strong>prominent real estate developer</strong> in a AED 900 million construction and shareholder dispute in the Dubai Courts.</li>\r\n<li>The <strong>plaintiff</strong>, the mortgagee, in an AED 800 million banking dispute which included the attachment of one of the largest rigs in the Middle East.</li>\r\n<li><strong>Amlak</strong> and <strong>Tamweel</strong> as Islamic financing companies in their disputes related to property finance.</li>\r\n<li><strong>Dubai Financial Services Authority, DIFC Court Rules Committee, UAE and Dubai Ministries of Justice and Gulf Cooperation Council</strong> in relation to regulatory and legal matters tendered for public consultation and comment.</li>\r\n<li><strong>Swatch Group</strong>, in a number of disputes they have faced in Qatar with their local agent in relation to Omega watches. </li>\r\n<li><strong>Paris Gallery</strong> in relation to a trademark dispute in Qatar.</li>\r\n<li><strong>Aeroflot</strong> on the termination of an agency agreement under Kuwaiti laws.</li>\r\n<li>On an ICC Arbitration (in the DIFC) regarding disputes re Hotel Management Agreement and Technical Services Agreement.&nbsp;&nbsp; </li>\r\n</ul>'),
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(45159, 2318, 'content', 'Significant matters of the Employment &amp; Incentives practice include advising:\r\n<ul>\r\n 	<li><strong>Ford</strong> on the sale of Jaguar/Land Rover to Tata Group.</li>\r\n 	<li><strong>Hewlett Packard</strong> on the acquisition of Electronic Data Systems.</li>\r\n 	<li><strong>PriceWaterhouseCoopers (as liquidators)</strong> on the  liquidation of Lehman Brothers.</li>\r\n 	<li><strong>Sun Microsystems</strong> in respect of its acquisition by Oracle.</li>\r\n 	<li><strong>Computer Associates</strong> on its restructure of operations in the Middle East.</li>\r\n 	<li><strong>Yahoo!</strong> on the acquisition of Maktoob.com.</li>\r\n 	<li><strong>Julius Baer</strong> in the DIFC courts in relation to claims brought by an ex-employee (notable firsts for the DIFC court including striking out a substantive portion of the claims and a security for costs order).</li>\r\n 	<li><strong>Barclays Bank</strong> in respect of unfair dismissal.</li>\r\n 	<li><strong>KPMG</strong> in respect of claims brought by an employee and counterclaim in respect of confidential information.</li>\r\n</ul>'),
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(45165, 2318, '_yoast_wpseo_metadesc', 'Al Tamimi & Company significant matters of the Employment & Incentives practice include advising. Check them out here.'),
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(45170, 2320, 'content', 'Significant matters of the Capital Markets practice include advising:\r\n<ul>\r\n 	<li><strong>Royal Capital PJSC</strong> on the listing of Eshraq Properties on the Abu Dhabi Securities Exchange.</li>\r\n 	<li><strong>Air Arabia PJSC</strong> as lead counsel to the issuer on this DFM listing. This IPO was the first of an Airline in the GCC, with a transaction value of AED 2.6 billion.</li>\r\n 	<li><strong>Deyaar Developments PJSC</strong> as lead counsel to the issuer on this DFM listing. At the time, this was the largest IPO in the history of the UAE market, with a transaction value of AED 3.2 billion.</li>\r\n 	<li><strong>Dubai Financial Market PJSC</strong> as lead counsel to the issuer on this DFM listing.</li>\r\n 	<li><strong>DP World Limited</strong> as local counsel on this NASDAQ Dubai listing. This transaction was valued at USD 4.96 billion.</li>\r\n 	<li><strong>Depa Limited</strong> as lead counsel to the issuer on this NASDAQ Dubai listing.</li>\r\n 	<li><strong>Damas International Limited</strong> as lead counsel to the issuer on this NASDAQ Dubai listing.</li>\r\n 	<li><strong>Drake &amp; Scull PJSC</strong> as lead counsel to the issuer on this DFM listing.</li>\r\n</ul>\r\n&nbsp;'),
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(45181, 2322, 'content', 'Significant matters of the Hotels &amp; Leisure practice include advising:\r\n<ul>\r\n 	<li><strong>Al Hamra Real Estate</strong>: In respect of appointment of Hilton as operator for its hotel in Ras Al Khaimah under Hilton brand, together with negotiation and amendment of existing hotel management agreement.</li>\r\n 	<li><strong>Iconic Developments</strong>: In respect of appointment of Melia as operator of its deluxe serviced apartments property under Melia Hotels &amp; Resorts brand, including negotiation and amendment of LOI, hotel management agreement and technical services agreement, structuring rental pool arrangements.</li>\r\n 	<li>a <strong>hotel owner, Istabul, Turkey</strong>: In respect of appointment of Ascott as operator of its deluxe serviced apartments property under Somerset band, including negotiation and amendment of LOI, hotelmanagement agreement and technical services agreement.</li>\r\n 	<li>a <strong>hotel owner, Sharjah</strong>: In respect of appointment of Accor as operator of its hotel under the Novotel brand, including negotiation of hotel management agreement and technical services agreement.</li>\r\n 	<li><strong>Hiranandani Group of Companies</strong>: In respect of appointment of Accor as operator of its hotel under the Ibis Styles brand, including negotiation and amendment of LOI, hotel management agreement and technical services agreement.</li>\r\n 	<li>a <strong>joint venture between real estate developer and hotel operator</strong>: In relation to lease arrangements in respect of the mixed-use hotel and serviced apartments property in Business Bay, Dubai.</li>\r\n 	<li>a <strong>hotel owner, Riyadh, KSA</strong>: In respect of appointment of Accor as operator of its hotel under the Novotel brand located in Jeddah, including negotiation and amendment of hotel management agreement and technical services agreement.</li>\r\n 	<li>a <strong>hotel developer, Jeddah, KSA</strong>: In respect of appointment of Millenium &amp; Copthorne as operator of various of its luxury hotel and serviced apartments under the Millenium brand located in Jeddah, including negotiation and amendment of hotel management agreement and technical services agreement.</li>\r\n 	<li>a <strong>hotel developer, Muscat, Oman</strong>: In respect of appointment of Accor as operator of its hotel under the Mercure brand, including negotiation and amendment of hotel management agreement and technical services agreement.</li>\r\n 	<li>a <strong>hotel developer, Jeddah, KSA</strong>: In respect of appointment of Millenium &amp; Copthorne as operator of various of its hotels the Kingsgate and M Hotel brands located in Makkah and Jeddah, including negotiation and amendment of hotel management agreement and technical services agreement.</li>\r\n 	<li>a <strong>hotel developer, Abu Dhabi</strong>: In respect of appointment of Hyatt International as operator of its luxury hotel and serviced apartments in Abu Dhabi, under the Hyatt Regency brand.</li>\r\n 	<li>a <strong>hotel owner, Erbil, Kurdistan Region</strong>: In respect of appointment of Accor as operator of its operational hotel to be renovated and rebranded under the Novotel brand, including negotiation and amendment of hotel management agreement, technical services agreement and renovation plan.</li>\r\n 	<li>a <strong>Dubai based hotel developer</strong>: In relation to appointment of Starwood Hotels and Resorts as operator of its luxury hotel and serviced apartments in Dubai, under the Sheraton brand.</li>\r\n 	<li>a <strong>Dubai based hotel developer</strong>: In relation to appointment of Hilton as operator of its luxury hotel and serviced apartments in Dubai, under the DoubleTree brand.</li>\r\n 	<li>a <strong>Dubai based hotel developer and asset manager</strong>: in relation to appointment of Accor as operator of several of its hotels and serviced apartments in the UAE, under the Sofitel, Pullman, Novotel, Ibis, Suitehotel and Adagio brands.</li>\r\n 	<li>a <strong>Bahrain based hotel developer</strong>: Provision of advice and representation in respect of appointment of Rotana as operator of its hotel located in Amwaj Island, Bahrain, under the ART brand, including negotiation and amendment of hotel management agreement and technical services agreement.</li>\r\n 	<li><strong>Onyx Group</strong>: Provision of advice and representation to owner in relation to hotel management agreement, technical services agreement, license and royalty agreement and international services agreement to be entered into with the Marriott hotel group.</li>\r\n 	<li><strong>Hotel Owner in Jizan, Saudi Arabia</strong>: Provision of advice and representation in relation to hotel management agreement and technical services agreement, to be entered into with Courtyard by Marriott.</li>\r\n 	<li><strong>Hotel Owner of hotel portfolio in Mauritius</strong>: In relation to appointment of Starwood Hotels and Resorts as operator of two hotels under existing operation, including conversion to Westin and Le Meridien brands, including advising on forms of hotel management agreement and technical services agreement, and property renovation plans.</li>\r\n 	<li><strong>Rayadah Investment Company</strong>: Provision of advice and representation to owner in relation to hotel management arrangements for international hotel projects in Riyadh (to be operated under the Wyndham, Crowne Plaza and Millennium brands), including reviewing the proposed hotel management agreement and associated documents and drafting proposed amendments for the owner\'s benefit.</li>\r\n 	<li><strong>Swiss Deluxe</strong>: Provision of advice and representation in relation to the purchase, development and management of a hotel in Qatar.</li>\r\n 	<li><strong>Abdulsalam Alrafi Group LLC</strong>: In relation to appointment of Starwood Hotels and Resorts as operator of its luxury hotel in Dubai, under the Sheraton brand.</li>\r\n 	<li>a <strong>Dubai based hotel operator</strong>: Drafting bespoke template forms of hotel management agreement and technical services agreement for its regional operations.</li>\r\n 	<li>a <strong>Dubai government entity</strong>: Provision of advice and representation in respect of appointment of Hilton as operator of a hotel under the Garden Inn brand.</li>\r\n 	<li>a <strong>Bahrain based hotel developer</strong>: Provision of advice and representation in respect of appointment of Golden Tulip under the Royal Tulip brand, including negotiation and amendment of LOI, hotel management agreement and technical services agreement.</li>\r\n 	<li><strong>Dubai Projects</strong>: Advice on entry into hotel management agreement, technical services agreement and group services agreement with the Alilia Hotels &amp; Resorts Limited.</li>\r\n</ul>'),
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(45192, 2324, 'content', 'Significant matters of the Insurance practice include advising:\r\n<ul>\r\n 	<li><strong>One of the world’s largest insurance groups</strong> on health insurance requirements, regulations relating to foreign insurers, licensing and set-up in the UAE, DIFC and Saudi Arabia.</li>\r\n 	<li><strong>An insurance business</strong> on its set up in the DIFC, UAE and Jordan.  This included advising on product liability, public liability, workers compensation, professional indemnity and health insurance requirements.</li>\r\n 	<li><strong>An Abu Dhabi based insurer</strong> in regard to complex negotiations with a large Swiss insurer, which led to the establishment of a new JV Takaful company/reinsurer in the DIFC.  This model has since been used by other foreign companies seeking to gain greater exposure to the UAE market.</li>\r\n 	<li><strong>Numerous insurers</strong> within the UAE market on ongoing claims and compliance / commercial issues. We act or have acted for a large proportion of insurance companies licensed in the UAE market.</li>\r\n 	<li><strong>The UAE health insurance regulator</strong> with regard to various rules and regulations and standard form agreements.</li>\r\n 	<li><strong>One of North America\'s largest financial groups</strong> on an assessment of opportunities for set up in the region.</li>\r\n 	<li><strong>A large Luxembourg/Lichtenstein based life insurer</strong> seeking access to Middle East markets. This included recommending the best business approach, review and amendment of product materials and redrafting of policy wordings.</li>\r\n 	<li><strong>A large Singapore based</strong> reinsurer on their establishment of a retakaful entity in the DIFC.  This was the one of world’s largest retakaful entities and involved a tripartite venture between Singapore, Malaysian and UAE interests.</li>\r\n 	<li><strong>A number of Indian based insurers and banks</strong> operating in the UAE market and who specialise in financial services to the Non Resident Indian (NRI) market on compliance and regulatory issues.</li>\r\n 	<li><strong>A large US and Asian based insurance broker</strong> on regional opportunities and eventual establishment in the DIFC.</li>\r\n</ul>'),
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(45203, 2326, 'content', '<strong>Trademark Prosecution</strong>\r\n<ul>\r\n 	<li>Acting on behalf of a leader in the automotive industry in trademark clearance projects throughout Middle East and North Africa.</li>\r\n 	<li>Representing a regional media group in managing their trademark and copyright portfolio globally.</li>\r\n 	<li>Representing a global pharmaceutical company on managing their trademark portfolio in the UAE and successfully prosecuting all trademarks free from any office actions.</li>\r\n 	<li>Representing a well-known French fashion brand in developing a protection and enforcement strategy and securing non-traditional trademark registrations in the Middle East.</li>\r\n 	<li>Acting on behalf of a global FMCG company in all its prosecution work in the UAE.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Enforcement &amp; Litigation</strong>\r\n<ul>\r\n 	<li>Representing a well-known mobile phone brand owner since 2001 in a nationwide enforcement campaign, achieving record seizures of counterfeit goods every year.</li>\r\n 	<li>Managing a cross border enforcement campaign in respect of a well-known electronics brand across six countries in the Middle East.</li>\r\n 	<li>Obtaining a Court order in Iraq seizing counterfeit appliances in Kurdistan in favor of a well known Japanese brand.</li>\r\n 	<li>Taking successful action in Egypt against the unauthorised use of a client’s trademark in a promotional campaign of a competitor resulting in numerous raids on hypermarkets.</li>\r\n 	<li>Carrying out a successful raid against warehouses storing high end designer bags and organised raids against traders in a notorious market in Dubai.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Patents &amp; Designs (R&amp;D and Innovations)</strong>\r\n<ul>\r\n 	<li>Representing technology suppliers clients in pioneer patent infringement and patent invalidation cases in the UAE.</li>\r\n 	<li>Representing an inventor client a patent owner in a patent infringement case against a major telecommunication provider in Saudi Arabia.</li>\r\n 	<li>Representing an inventor client a patent owner in defending against the opposition of his patents in front of the GCC Patent Office and the Saudi Courts.</li>\r\n 	<li>Representing multinational Fortune 500 companies in patent procurement and prosecution throughout MENA.</li>\r\n 	<li>Representing major local universities in patent procurement and prosecution worldwide in various fields including engineering and life sciences.</li>\r\n 	<li>Advising one of the largest local governmental entity in the field of innovations on various IP and commercial related matters.</li>\r\n 	<li>Assisting a client in the acquisition of a military related technology, including conducting due diligences, assisting in capturing the technology from the seller, and assisting in the legal transfer of the technology.</li>\r\n 	<li>Providing support in the commercialisation of patents to a large industrial company in Abu Dhabi.</li>\r\n 	<li>Representing a start-up company in the protection of its mobile payment technologies worldwide until the conclusion of multi million dollars worth of commercial partnership agreements.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Copyright &amp; Media</strong>\r\n<ul>\r\n 	<li>Advising a movie production client on pirate broadcasts through channels airing on NileSat and NourSat.</li>\r\n 	<li>Advising on protecting the IP in newly created cartoon characters and assisting in negotiations on the licensing and commercialisation thereof.</li>\r\n 	<li>Representing a regional media group in various matters related to defamation.</li>\r\n 	<li>Successfully defending an entertainment company against a civil claim for damages in respect of a live performance by a well known singer.</li>\r\n 	<li>Advising an investment company on a copyright license with a world leading manufacturer of toy bricks related to the production of a cartoon character brick set.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Competition &amp; Consumer Protection</strong>\r\n<ul>\r\n 	<li>Advising a global technology company on compliance with competition regulation.</li>\r\n 	<li>Advising global hardware manufacturer on product recalls in Qatar and the UAE.</li>\r\n 	<li>Representing a FMCG client in obtaining approval for price increase in the UAE.</li>\r\n 	<li>Advising a multi-national FMCG company on competition regulations in KSA in relation to acquiring a competitor.</li>\r\n 	<li>Localizing training material and conducting training on competition compliance for the Middle East team of a global cosmetic and skin care multinational.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>IP Audit and IP Transactions</strong>\r\n<ul>\r\n 	<li>Conducting a full IP audit for major Qatar Transport.</li>\r\n 	<li>Company for all their IP assets across, trademarks, copyright, designs and domain names, and assisting them identifying their IP assets and providing the best protection methods for such assets to maximise its value.</li>\r\n 	<li>Conducting a full audit for a major UAE FMCG Company for their trademark portfolio, and assisting them to strengthen their existing portfolio and advising them on the restructure of the ownership of their trademarks.</li>\r\n 	<li>Advising a Multinational beverage corporation and manufacturer on the intellectual property portfolio due diligence in respect of its acquisition of significant equity in a regional beverage business and working extensively with external counsel to complete the due diligence report.</li>\r\n 	<li>Advising a UAE conglomerate on the intellectual property due diligence of its retail business Initial Public Offering (IPO) in the Dubai Financial Market. This transaction was one of the largest public offerings in the region.</li>\r\n 	<li>Advising a large Italian food manufacturer on their trademark licensing for restaurants in the GCC region.</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Labelling &amp; Standards Compliance</strong>\r\n<ul>\r\n 	<li>On compliance with energy drink labeling and content regulation.</li>\r\n 	<li>A major multi-national client on approved food ingredients and obtaining approvals for the importation of relevant products.</li>\r\n 	<li>A major fast food franchise on applicable labeling requirements.</li>\r\n 	<li>On labeling requirements and related notifications related to a change in ingredients to a candy bar.</li>\r\n</ul>'),
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(45214, 2328, 'content', 'Significant matters of the Legislation practice include advising:\r\n<ul>\r\n 	<li><strong>Abu Dhabi Municipality Affairs</strong> on many of the laws and executive Regulations related to the Real Estate Law, Organization of Building Work Law, Real Estate Joint Ownership Law and Satellite Dishes Law.</li>\r\n 	<li><strong>Social Care and Minors Affairs</strong> on the drafting of the Executive Regulation of the Social Care and Minors Affairs Law.</li>\r\n 	<li><strong>Abu Dhabi Health Authority</strong> on drafting Organization Decision.</li>\r\n 	<li>On the <strong>Civil Defence Law</strong> and the <strong>International Code for Civil Defence</strong>.</li>\r\n 	<li>On the drafting of the <strong>Federal Law to impose tax on tobacco</strong> and its products.</li>\r\n 	<li>On the drafting of the <strong>Electronic Procedures Law</strong>.</li>\r\n 	<li>On the drafting of the <strong>Federal Arbitration Law</strong>.</li>\r\n 	<li>On the drafting of the <strong>Building Law</strong> and its regulation.</li>\r\n 	<li><strong>Zonescorp</strong> on the drafting of the<strong> Industrial Mortgage Law.</strong></li>\r\n</ul>'),
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(198757, 2322, '_yoast_wpseo_title', 'Hotels & Leisure | Al Tamimi & Company'),
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(45225, 2330, 'content', 'Significant matters of the Corporate/M&amp;A practice include advising:\r\n<ul>\r\n 	<li><strong>The Coca-Cola Company </strong>in the acquisition of half the stake in Aujan brands in 9 countries for USD 980 million, the largest ever inward investment by a multinational corporation into the Middle East consumer market.</li>\r\n 	<li><strong>Drake &amp; Scull International PJSC</strong> in the acquisition of substantial equity in three group contracting companies in the Kingdom of Saudi Arabia, Qatar and Kuwait.</li>\r\n 	<li><strong>TVM Capital</strong> in the acquisition of a stake in an Abu Dhabi health care entity by a fund under management of TVM Capital.</li>\r\n 	<li><strong>Landmark Investments SARL</strong> in the acquisition of shares and certain assets of Awwal Fitness Ltd and assets of its branch in Bahrain.</li>\r\n 	<li><strong>Dubai Islamic Bank PJSC</strong> in the acquisition of a controlling interest of a financial house.</li>\r\n 	<li><strong>Dubai Financial Market PJSC</strong> in the acquisition of a controlling interest in NASDAQ Dubai, a stock exchange registered and operating in the Dubai International Financial Centre.</li>\r\n 	<li><strong>Ford</strong>  and  <strong>Jaguar  Land  Rover</strong>  in  connection  with  the  restructure  and implementation of the sale of its Middle Eastern assets to Tata Group.</li>\r\n 	<li><strong>Ithmar Capital</strong> in the acquisition of a substantial stake in a major healthcare operator in the UAE.</li>\r\n 	<li><strong>Qatar First Investment Bank</strong> in the acquisition of a controlling interest of Emirates National Plastic Group, a major UAE manufacturing conglomerate.</li>\r\n</ul>'),
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(45236, 2332, 'content', 'Significant matters of the Real Estate practice include advising:\r\n<ul>\r\n 	<li><strong>Dubai Properties Group</strong> in relation to the Jointly Owned Property (\"Strata\") management structure and titling for Jumeirah Beach Residences.</li>\r\n 	<li><strong>The Dubai Government Land Department</strong> in connection with a Land Registration Law, Developers\' Escrow Law and Strata Title Law.</li>\r\n 	<li><strong>UDC</strong> on Qatar’s first freehold real estate project, including conceptualising and drafting scheme documentation and property sale agreements, drafting of retail lease template and advising upon legislative issues (The Pearl Qatar).</li>\r\n 	<li><strong>DIFC</strong> on conceptualising the property development, ownership and management schemes for the DIFC real estate community; drafting all scheme documentation including standard sales, leasing and public tender documentation; advising on form and implementation of the DIFC Real Property Law and Strata Title Law.</li>\r\n 	<li><strong>Sorouh Real Estate PJSC</strong> on negotiating a Ground Development Lease and Project Development Agreement in respect of a mixed-use Master Community Project located in <strong>Reem Island.</strong></li>\r\n 	<li><strong>Abu Dhabi Tourism Authority (TDIC)</strong> on conceptualising and drafting scheme documentation for the <strong>Saadiyat Island project.</strong></li>\r\n 	<li><strong>Nakheel PJSC</strong> on drafting title ownership and management scheme documentation for <strong>Jumeirah Islands, The World, Dubai Waterfront, Jumeirah Golf Estates</strong> and <strong>International City</strong>; drafting Management Agreement and leasing documentation for the Ibn Battuta Shopping Mall, Jebel Ali.</li>\r\n 	<li><strong>Deutsche Bank AG</strong> on the establishment of a new home finance lending company to be called Gulf Home Finance, advising on property settlement and title transfer and registration processes associated with real estate lending practice in the Kingdom of Saudi Arabia.</li>\r\n</ul>'),
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(45247, 2334, 'content', 'Significant matters of the Technology, Media &amp; Telecommunications practice include advising:\r\n<ul>\r\n 	<li>A local bank on its operational technology agreements, and the outsourcing of its entire it department</li>\r\n 	<li>An Indian IT consultancy on local law issues for foreign IT service providers· A stock exchange operator on software licensing and services aspects of a SaaS platform for managing exchange, bank, brokerage and company participation in IPOs</li>\r\n 	<li>An African media company acquiring technology relating to a streaming television business</li>\r\n 	<li>A global cloud services provider on data protection and telecommunications regulatory considerations relating to the establishment of a regional internet data centre</li>\r\n 	<li>A global entertainment company on Middle East implications of a data breach involving sensitive HR information</li>\r\n 	<li>An international bank on data protection implications arising from use of an off-shore hub to process \'whistleblower\' reports</li>\r\n 	<li>A broadcaster on linear channel carriage arrangements and satellite capacity deals</li>\r\n 	<li>A streaming television service provider on structuring, content and editorial advice, and local content sourcing, for the proposed roll-out of its service in the Middle East</li>\r\n 	<li>A US advertising firm on television script and content reviews for a series of commercials to be aired in the Middle East</li>\r\n 	<li>A local sporting body on outdoor advertising arrangements</li>\r\n 	<li>A technology hardware manufacturer on claims of misuse of personality rights in an advertising context</li>\r\n 	<li>A mapping software specialist in respect of regional restrictions on the filming of content for use in car navigation software</li>\r\n 	<li>A global liquor brand on its proposed on-line promotional campaign</li>\r\n 	<li>An international construction company in respect of use of VPN and VoIP related software sourced other than from a locally licensed telecommunications services provider</li>\r\n 	<li>An automobile manufacturer on telecommunications, telematics and data related aspects of the Middle East roll-out of its internet-connected vehicle offering</li>\r\n 	<li>A railway infrastructure owner on the construction of communications cable networks, and the protocol for enabling third party access to such networks</li>\r\n</ul>'),
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(45258, 2336, 'content', 'Significant matters of the Transport &amp; Logistics practice include advising:\r\n<ul>\r\n 	<li><strong>Abu Dhabi National Oil Company (ADNOC)</strong> on the registration of a new fleet.</li>\r\n 	<li><strong>US Bondholders</strong> in relation to the auction of the Thule oil drilling rigs after completing multinational litigation involving Cyprus, the UK, the US, Norway, BVI and the UAE.</li>\r\n 	<li><strong>A large multinational company</strong> in relation to a dispute concerning a Standard Docking, Repair and Conversion contract, in particular the late delivery of vessel and increased contract price.</li>\r\n 	<li><strong>Emirates</strong> on various matters including UAE employment, human resources, insurance, transport, pension and competition law.</li>\r\n 	<li><strong>Air Arabia</strong> with general corporate advice.</li>\r\n 	<li><strong>A UAE Health Authority</strong> on the drafting of an Air Medical Transportation Agreement.</li>\r\n 	<li>On the licensing and set up of a new aircraft company at Abu Dhabi Al Bateen Airport.</li>\r\n 	<li>On the licensing of new operator at Dubai World Central Airport.</li>\r\n 	<li><strong>A Norwegian shipbuilding company</strong> on the laws of the UAE, particularly in relation to the ports and its application to its activities in the region.</li>\r\n</ul>'),
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(45269, 2338, 'content', '<p class=\"MsoNormal\">Significant matters of the Sports &amp; Event Management practice include advising:</p>\r\n\r\n<ul>\r\n 	<li><strong>BCCI (Board of Control for Cricket in India)</strong> – retained to provide local legal advice in respect of issues arising in connection with the staging of 2014 <strong>IPL </strong>(Indian Premier League) matches in the UAE;</li>\r\n 	<li><strong>Qatar Olympic Academy</strong> – invited to design and present an in-house legal training workshop for the Olympic Academy and a range of guests from the Qatar sporting industry covering sports-related topics including, brand management and IP, sports disputes, player contracts and the legal issues surrounding sponsorship and venue management for major events;</li>\r\n 	<li><strong>The Dubai Tour </strong>– retained by <strong>RCS Sport and Events JLT </strong>to advise on all aspects of the inaugural Dubai Tour (the first race on the Union Cycliste Internationale Asian Tour calendar of 2014) which included providing exclusive legal support to prepare for, organise and execute the event;</li>\r\n 	<li><strong>Sponsorship Advice </strong>– provided GCC law advice to a number of<strong> international law firms</strong> on regional laws and regulations – particularly in relation to alcohol and tobacco sponsorship matters - in respect of several international sporting events;</li>\r\n 	<li><strong>Emirates Racing Authority Appeal</strong> – retained to represent champion jockey <strong>Silvestre de Sousa</strong> as advocates before the Emirates Racing Authority Appeal Panel in respect of Steward’s Inquiry decisions stemming from racing events at Meydan;</li>\r\n 	<li><strong>Formula 1<sup>TM </sup>Etihad Airways Abu Dhabi Grand Prix</strong> – retained by <strong>Abu Dhabi Motorsports Management LLC </strong>to provide all legal support and advice in the delivery of the 2013 F1 race event in Abu Dhabi;</li>\r\n 	<li><strong>Yas Marina Circuit </strong>in relation to the biggest incentive group, some 15,000 delegates, to visit the UAE and drafted the commercial agreement;</li>\r\n 	<li><strong>Abu Dhabi Racing LLC</strong> – retained to advise on a range of legal matters to support a UAE-based rally team participating in WRC events, including driver development agreements, sponsorship contracts and WRC team arrangements;</li>\r\n 	<li><strong>Standard Chartered Bank </strong>on the assignment of a facility provided to <strong>Manchester City Football Club Limited</strong> as part of the acquisition of the Manchester City Football Club by Abu Dhabi United Investment and Development Limited; and</li>\r\n 	<li>the<strong> Pro League Committee</strong> in connection with regulations related to the <strong>Cup Competition</strong>, <strong>Arab Gulf League Competition</strong>, <strong>Super Cup Competition</strong> and the <strong>Redeef Competition</strong> as well as representing and defending the<strong> </strong>sporting body<strong> </strong>at a disciplinary Committee.</li>\r\n</ul>'),
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(94754, 5146, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoPlainText\">The core elements of sponsorship agreements negotiated and drafted for use in the GCC region tend to reflect global practices and contain many of the provisions you would expect to find in similar instruments drafted for use in other regions.  Part of the reason for this is undoubtedly the globalisation of sponsorship, specifically the growth of sponsorship for major events, both those hosted in the GCC and those hosted elsewhere but sponsored by GCC-based corporate entities.  Often major sponsors are multinational entities and they may have regional or global marketing strategies or CSR initiatives that inform their expectations in terms of preferred activation scope as well as return on investment.</p>\r\n<p class=\"MsoPlainText\">Essentially a commercial contract between two private legal entities, sponsorship agreements will often include familiar framework provisions such as recitals, definitions, representations and warranties, compliance with law, termination, force majeure, notices, choice of law and dispute resolution clauses amongst other standard requirements.  Where there is a sporting event at the center of the deal, the term of the agreement may need to be tailored to fit a season or an event cycle rather than a calendar year and IP clauses could need specific consideration to account for co-branding initiatives or to limit the scope of any name and likeness usage, etc.  The specifics of the particular deal will (i) incorporate the rights and obligations that comprise the commercial bargain between the parties as well as (ii) attempt to identify and then allocate perceived risk.  The nature of the bargain will typically be set forth in sponsorship fees on one side and sponsor rights or benefits on the other.</p>\r\n<p class=\"MsoPlainText\"><strong>Are there any regional differences which create additional/fewer considerations?</strong></p>\r\n<p class=\"MsoPlainText\">Some elements of the sponsorship agreement that may differ slightly in the GCC as against the larger sports markets in North America and Western Europe may require greater attention to detail and tailored drafting.  For example, appreciation of local publications laws, which tend to reflect greater sensitivity to public morality in dress and behavior as well as restrictions on the advertising of certain types of products (alcohol, tobacco, etc.).  Likewise, while it is true that sponsors are sensitive to negative impact on brand management across the globe, in the wake of recent scandals concerning doping and personal conduct involving household name athletes, these issues are potentially more injurious in the GCC region, so robust morality clauses are commonplace inclusions in sponsorship contracts.</p>\r\n<p class=\"MsoPlainText\"><strong>Are there any relevant laws/regulations in this area?</strong></p>\r\n<p class=\"MsoNoSpacing\">The Middle East is a diverse region and while there is a common passion for sport, the prudent advisor will account for variations between different jurisdictions..  The region’s legal systems are predominantly based on the civil law tradition influenced by Sharia’a Law and, to varying degrees a strong trading heritage – but each is unique.  In short, one-stop legal strategies for sponsorship – particularly where the sponsor or sponsored may be influenced by a global strategy - may not fit.</p>\r\n<p class=\"MsoNoSpacing\">You first need to know (i) what market(s) the sponsorship relates to and (ii) what legal rules and restrictions apply to the development and effective roll-out of the sponsorship strategy in those markets.  Taking these steps early in the sponsorship relationship is an essential element in obtaining a proper understanding of identifying and then complying with relevant law.  Each jurisdiction may have its own specific requirements.  For example, if we look at the United Arab Emirates and consider the restrictions applicable to alcohol advertising we can gain some insight.  In the U.A.E., advertising is regulated both at the Federal and Emirate level by a complimentary framework of laws.</p>\r\n<p class=\"MsoNoSpacing\">On the Federal level, advertising is largely regulated by: (i) <em>Federal Law No. </em>15 <em>of 1980 Concerning Publications and Publishing</em>; (ii) <em>Federal National Media Council Resolution 35 of 2012 Concerning the Standards of Advertisement Content in Mass Media</em>; (iii) <em>Federal Decree No. 5 of 2012 on Combating Cybercrimes</em>; and, buttressed by (iv) <em>Federal Law No. 3 of 1987 (the Penal Code)</em>.  In each of the two largest Emirates, there are additional (albeit consistent) applicable statutes, the <em>Abu Dhabi Liquor Law (Law No. 8 of 1976)</em> and the <em>Dubai Liquor Control Law (of 1972)</em>, expressly prohibiting the advertising of alcohol.</p>\r\n<p class=\"MsoPlainText\"><strong>What are the priorities of the sponsor and the sponsored person/entity?</strong></p>\r\n<p class=\"MsoNormal\">Historically the primary benefit sought by the sponsored entity (be that an event organiser or rights holder, federation, team or athlete) from the sponsor is simply the payment of a fee; however, there are increasingly opportunities for sponsors relevant to the particular sport or event to provide some V-I-K (value-in-kind).  For example, sporting goods, equipment or apparel manufacturers may provide a certain committed number of equipment units or uniforms (sometimes including co-branding or research and development commitments).  Some industry specific sponsors may offer a combination of fees and product supply (e.g. tyre manufacturers in motorsports).  VIK sponsorship is a particularly good opportunity for smaller or entry-level sponsors to commence investing in promotion.</p>\r\n<p class=\"MsoNormal\">The range of sponsor benefits is significant and will depend on the nature of the sport, team or venue being sponsored.  Traditionally signage and name recognition were provided to further the sponsor’s branding and image.  Increasingly, however, sponsors have a broad and dynamic IP portfolio and look for inventive ways to diversify the benefits they may gain from their investment.  Equally, venues and teams seeking sponsorship are creating more imaginative packages to entice sponsors to invest.  It is important to remember that packages can be flexible and should fit both sides to increase the likelihood of long-term or sustainable sponsorship relationships.  Examples of the range of potential sponsorship benefits include:</p>\r\n\r\n<ul>\r\n 	<li>Designation as title sponsor, official sponsor, official supplier, etc. (possibly with categories)</li>\r\n 	<li>Signage</li>\r\n 	<li>Mutual website pages/hyperlinks</li>\r\n 	<li>Mutual access to customer databases for CRM purposes</li>\r\n 	<li>Media Event collaboration (e.g., sports stars participation in corporate events)</li>\r\n 	<li>Event hospitality (tickets, catering, corporate box suites, gift packs, etc.)</li>\r\n 	<li>Co-branding on marketing initiatives, brochures</li>\r\n 	<li>Content in company magazines, etc.</li>\r\n 	<li>Access to corporate nights at sporting facilities</li>\r\n 	<li>Preferential ticket or merchandise rates for sponsor staff</li>\r\n</ul>\r\n<p class=\"MsoPlainText\"><strong>What are the standard consequences of breaching a sponsorship agreement?</strong></p>\r\n<p class=\"MsoPlainText\">The remedies for breach will vary depending on what was agreed at the outset.  Typically a material breach will give rise to an option to terminate (immediately or after a specified cure period, if applicable).  There can also be indemnification obligations (e.g., an obligation to refund sponsorship fees and possibly also to make good losses sustained by the other party).  In such cases there is a divergence in practical remedies compared to common law jurisdictions to the extent that as a general rule, civil law jurisdictions will award only actual damages sustained.  It is also significant to note that where the breach relates to confidentiality or any other anticipatory or ongoing breach, a civil law jurisdiction is unlikely to provide injunctive relief.</p>\r\n<p class=\"MsoPlainText\"><strong>Have there been any international events which have shone a spotlight on these types of agreements?</strong></p>\r\n<p class=\"MsoNormal\">In addition to the bustling schedule of international sporting events hosted in the GCC each year, a recent report issued by Repucom confirmed what had previously been rising anecdotal evidence that the Middle East is arguably the most powerful growing force in international sports sponsorship.  The report stated in part: “In 2014, UAE companies, led by Emirates and Etihad, invested $163 million in shirt sponsorship as the Arab state surpassed Germany at the top of the sponsorship investment table.”<a href=\"#_ftn1\">[1]</a>  Likewise Qatar Sports Investment, Emirates and Al Jazeera (BeIN Sports) were listed by SportsPro Magazine as amongst the 50 Companies shaping sport last year<a href=\"#_ftn2\">[2]</a>.  Quite apart from the shirt sponsorship deals that have made household names of GCC entities across the world, the broader regenerative and strategic investments into Manchester City FC and Real Madrid FC by Abu Dhabi based investors remind us that sponsorship is a dynamic field and further indicates that we can expect this trend to continue.</p>\r\n<p class=\"MsoNormal\">Steve Bainbridge is the Regional Head of the Sports Law practice and is based in the firm’s Abu Dhabi office.  Steve has significant experience in relation to sponsorship agreements and packages of all types; athlete endorsement agreements; anti-ambush marketing strategies and enforcement; player contracts; broadcasting agreements and copyright protection; IP registration and enforcement; merchandising and licensing agreements; player disciplinary issues; sports event management; ticketing arrangements and a wide array of venue/facilities management arrangements.</p>\r\n<p class=\"MsoNormal\"><em>A version of this article first appeared in LexisNexis Middle East Magazine – April 2015</em></p>\r\n\r\n<div>\r\n\r\n&nbsp;\r\n\r\n<hr size=\"1\" />\r\n\r\n<div>\r\n<p class=\"MsoFootnoteText\"><a href=\"#_ftnref\">[1]</a> GulfBusiness.com: “UAE Tops Global Sports Sponsorship Investment In 2014” 12 January 2015.</p>\r\n\r\n</div>\r\n<div>\r\n<p class=\"MsoFootnoteText\"><a href=\"#_ftnref\">[2]</a> http://issuu.com/henleymedia/docs/50_companies_shaping_sport_in_2014?e=1254810/5938082</p>\r\n\r\n</div>\r\n</div>\r\n&nbsp;'),
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(94769, 5147, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">The Court explained that damages may not be only limited to the amount paid by the buyer to the seller and interest, and may include other associated heads of loss also.</p>\r\n<p class=\"MsoNormal\"><strong>Background</strong></p>\r\n<p class=\"MsoNormal\">The Claimant (the Buyer) purchased an entire floor in the property intended to be constructed and built by the Respondent (the Developer). A contract for booking and transferring the title of the units had been signed for a total price of approximately AED 14,000,000. The Claimant paid the following amounts:</p>\r\n\r\n<ul>\r\n 	<li>Units’ booking settlement at a rate of 15% of the total sale price (AED 2,430,000). The Claimant also handed over a guarantee cheque for the value of the remaining amount.</li>\r\n 	<li>AED 300,000 for Transfer of Title fees.</li>\r\n 	<li>AED 160,000 for the serves of the Real Estate Broker.</li>\r\n 	<li>AED 1,300,000 to the first purchaser of the property, who had previously booked the property without transferring the title.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The Respondent did not fulfill its contractual obligations to build the project by March 2010, nor did it produce or sign the final Sale Agreement.</p>\r\n<p class=\"MsoNormal\">The Claimant filed a case against the Respondent claiming the invalidity of the contract for non-registration in the Land Registry or alternatively, seeking termination of the contract with compensation.</p>\r\n<p class=\"MsoNormal\"><strong>Court of First Instance</strong></p>\r\n<p class=\"MsoNormal\">The Respondent submitted evidence that it had registered the units in the initial registry under the name of the Claimant. The Court assigned an expert for the case, who confirmed that the project was not complete but the units were indeed registered under the Claimant’s name.</p>\r\n<p class=\"MsoNormal\">The Court of First Instance rendered a judgment calling for the termination of the contract, and ordered the Respondent to reimburse the Claimant the amount of AED 2,431,000 and interest at the rate of 9%. The Respondent was also ordered to return the guarantee cheque. Both the Claimant and the Respondent appealed the judgment.</p>\r\n<p class=\"MsoNormal\"><strong>Court of Appeal</strong></p>\r\n<p class=\"MsoNormal\">The Court of Appeal ruled to reduce the amount awarded in favor of the Claimant to AED 2,440,000 and upheld the rest of the Judgment. The Claimant appealed to the Court of Cassation.</p>\r\n<p class=\"MsoNormal\"><strong>Court of Cassation (First Decision)</strong></p>\r\n<p class=\"MsoNormal\">The Claimant challenged the decisions of the lower courts on the basis that they had been wrong not to grant compensation to the Claimant for the full amount expended by him and other expenses incurred.</p>\r\n<p class=\"MsoNormal\">The Court of Cassation found that the Court of Appeal erred in its analysis of the assessment of damages. The Court of Appeal had denied the damages as it did not find that there was additional wrongdoing by the Respondent that would form the legal basis to award the payments made to the first Buyer and Real Estate Broker to the Claimant. The Court of Cassation sent back the case to the Court of Appeal directing the court to not only consider if any additional wrongdoing had occurred, but to also consider whether these damages were a direct consequence of the Respondent’s actions which led to the termination of the contract.</p>\r\n<p class=\"MsoNormal\">The Court of Appeal reconsidered the case and ruled again. The Court ruled for the Claimant, and in addition to the amount originally awarded, allowed recovery of the value of the amounts paid by the Claimant to the first Buyer of the property in addition to the amounts paid to Real Estate Broker.</p>\r\n<p class=\"MsoNormal\">The Respondent appealed this judgment.</p>\r\n<p class=\"MsoNormal\"><strong>Court of Cassation (Second Decision)</strong></p>\r\n<p class=\"MsoNormal\">The Respondent argued that the Court of Appeal was wrong to allow recovery of Real Estate Broker payment. This should not be considered as damage to the Claimant because it was a commission paid to the Real Estate Broker for intermediating between the parties and was a commission the Broker deserved. Furthermore, the amount paid to the First Buyer should not have been recoverable from the Respondent since it had nothing to do with the Respondent. The Claimant should seek such compensation from the First Buyer.</p>\r\n<p class=\"MsoNormal\">The Court of Cassation considered the case for a second time and ruled to dismiss the Appeal and reject the reasons put forward by the Respondent. The reasons for this are as follows:</p>\r\n\r\n<ul>\r\n 	<li>Where a judgment has been reversed by the Court of Cassation and the case referred back to the court that made the decision, the lower court must follow the judgment of the Court of Cassation on the legal issue determined. Such issues are considered res judicata.</li>\r\n 	<li>Article 272 of the Civil Transactions Law (the Civil Code) provides that in the event of a contractual breach the judge may order the obligor to perform the contract forthwith or may defer (performance) to a specified time, or he may order that the contract be cancelled and compensation paid in any case if appropriate.</li>\r\n 	<li>Where the contract is to be terminated, the contracting parties are to be returned to their initial status before the contract existed unless this is impossible. However, if possible, and if the terminated contract was a contract for sale, the seller is to return the price of the purchased item, and if received the buyer shall return the purchased item.</li>\r\n 	<li>Breach of contract may cause considerable and unusual damages. The person alleging damage must prove the direct damage that warrants compensation. However for practical considerations a line shall be set at which the damage stands.</li>\r\n 	<li>The question whether the damage is direct or indirect is a substantive issue and the defaulting party shall be bound to pay the expected compensation. The Claimant shall be compensated for the alleged losses that were incurred reasonably and directly pursuant to the contract, and which resulted from the Respondent’s breach of the contract and as estimated by the Court in its sole discretion.</li>\r\n 	<li>The appealed judgment obliged the Respondent to compensate the Claimant for the amounts paid to the Real Estate Broker and the First Buyer in order to complete the deal. The court was satisfied that these constituted direct losses suffered by the Claimant. This was reasonable and the Trial Court is free to determine and consider the evidence as it sees fit.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">This judgment has important consequences for real estate disputes. Developers may no longer simply be liable for the amount received from the buyer plus interest, but may also be liable for other amounts required to be paid by the buyer that were ancillary to the SPA, including payments to real estate brokers and to the former purchaser.</p>'),
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(94788, 5148, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Registration of properties and transactions with the relevant authorities is at the heart of such reforms, particularly in Dubai and Abu Dhabi. In Dubai, the Dubai Land Department (the “DLD”) is responsible for recording and keeping track of all acts of disposal over real estate located in Dubai, while, in Abu Dhabi, this task is carried out by the  Municipality of Abu Dhabi (the “Municipality”).</p>\r\n<p class=\"MsoNormal\">From a banking and finance perspective, documenting and registering rights and disposals of real estate is inextricably linked to the types of securities which can be granted (and registered) as a result. In effect, an advanced real estate registration system in which it is possible to register real estate related rights and asset security provides banks with more certainty in terms of reduced litigation risks and enforcement procedures; and reduces potential unauthorised sale or disposal of the secured property. From a borrower’s perspective, the availability of an advanced registration system provides borrowers with a better negotiating position and easier access to financing generally. For both parties, a trustworthy real estate register carries significant benefits.</p>\r\n<p class=\"MsoNormal\">In acting for UAE banks we frequently assist in creating security structures for financing transactions. During these interactions, the scope and effect of the different forms of security and how each applies to real estate need to be understood in the context of the deal. Below are brief examples of some of the issues that are encountered for security packages involving real estate.</p>\r\n<p class=\"MsoNormal\"><strong>Mortgages versus Conditional Assignments</strong></p>\r\n<p class=\"MsoNormal\">While registered mortgages over real property (registered with the DLD or the Municipality) are the best type of security which can be obtained in Dubai or Abu Dhabi, this security is often unavailable for properties in Abu Dhabi where titles are yet to be issued, including those under development. In Dubai, the Interim Land Register has provided a solution for this problem by catering for the registration of mortgages over properties which are still under development.</p>\r\n<p class=\"MsoNormal\">In Abu Dhabi, this issue has not been solved yet and many banks opt for the only “alternative”. This consists of obtaining, usually pursuant to an overarching memorandum of association, a conditional assignment of the sale and purchase agreement (the “SPA”) of the real estate property being developed. The form of assignment agreement is usually imposed by the developers who are often reluctant to negotiate the terms of the assignment. Although we are not aware of any major issues with this “alternative” for properties under development to date, from a purely legal and enforcement perspective, an assignment of SPA does not amount to a mortgage and requires specific conditions to be met for its validity. Both the SPA and the corresponding assignment agreement should be carefully reviewed together to avoid the bank inheriting any of its customer’s unfulfilled obligations under the SPA.</p>\r\n<p class=\"MsoNormal\"><strong>Mortgage of musataha rights</strong></p>\r\n<p class=\"MsoNormal\">Article 1353 of the UAE Civil Transactions Law No. 5 of 1985 defines musataha as being the right of the musateh (i.e., in effect, the lessee) to build a building or to plant on the land of another (the landlord). According to the same law, musataha agreements may not exceed 50 years. After their expiry, the musateh returns the land to the landlord (including any improvements which may have been constructed or planted thereon). Once vested with musataha rights, the musateh may (for the duration of the musataha agreement) dispose of such rights in any manner he deems fit, which renders musataha agreements attractive for undertaking certain long term projects involving real estate, business or industrial projects. However, any such acts of disposal should not include transfer of ownership (this being impossible as the landlord remains the title holder), the creation of any rights to third parties beyond the term of the musataha agreement, or any act which breaches any specific conditions agreed between the parties to musataha agreement.</p>\r\n<p class=\"MsoNormal\">It is not possible to create a valid mortgage over a musataha right unless the musataha agreement itself is capable of being registered (with the DLD or Municipality, as applicable). Also, failure to register the mortgage of the customer’s musataha right with the DLD or the Municipality would render the mortgage void. In an event of default, the bank would only be entitled to sell (through public auction) the remaining duration of the mustataha agreement to a buyer. It does not step in as the new musateh.</p>\r\n<p class=\"MsoNormal\">In other words, the commercial value of this security lies in the duration remaining at the date of the auction. For example, if the term of the musataha agreement is for 25 years and a default occurs on year 19 of granting the loan, the potential new musateh would need to be satisfied with a remaining duration of 6 years. Banks should therefore carefully assess the duration of the musataha agreement and ensure that it exceeds the duration of the loan by at least a reasonable period of time in order to attract as many buyers as possible in the event of sale by public auction.</p>\r\n<p class=\"MsoNormal\"><strong>Mortgaging musataha rights versus commercial mortgages</strong></p>\r\n<p class=\"MsoNormal\">A common misunderstanding that we sometimes come across is a confusion between the scope of a commercial mortgage and the scope of a mortgage over land, including musataha rights. A commercial mortgage does not encompass immovable assets such as buildings or plants. A commercial mortgage only encompasses movables and intangible rights (such as machinery and certain intellectual property rights). This is clearly stated in article 164 of the UAE Commercial Transactions Law. Where the relevant authorities have accepted the registration of commercial mortgage agreements which captures immovable assets, this would not be considered as being legally effective. A mortgage of musataha rights on the other hand does not include any movable property that might be present on the site at the date of returning the land.</p>\r\n<p class=\"MsoNormal\"><strong>Granted Land</strong></p>\r\n<p class=\"MsoNormal\">As per the implementing order issued by the Ruler of Dubai on 14 May 1996 (“Implementing Order”), granted land in the Emirate of Dubai, whether commercial or residential, that has a separate title deed can be mortgaged in favor of a bank. As per this Implementing Order, mortgages can be registered in relation to such granted land in favor of banks on the condition that the registration of mortgage is against financing granted by such banks to the borrower for the purpose of construction on the granted land and on the additional condition that the value of construction is equivalent to the finance amount. We are not aware of any enforcement precedent in connection with granted land so the consequences of not complying with the Implementing Order, and other Dubai regulations associated with granted land, have not been tested so far. We note however that the Implementing Order specifically approves grant of mortgages over granted lands and therefore such mortgages should be enforceable by law.</p>\r\n<p class=\"MsoNormal\">In Abu Dhabi, Article 2 of Abu Dhabi Law No. 19 of 2005 Concerning Real Property states that every property granted by the Government to a UAE national shall be that person’s property and it is therefore obligatory for the UAE national to register the title to the property. The grantee shall also, within the boundaries of the law, have the right to use, exploit and dispose of the real property. Article 10 of the same law states that UAE nationals may sell and purchase or otherwise dispose of residential, commercial, investment, and agricultural plots of land and buildings established for a specific purpose that have been allocated to them provided that the purpose of allocation is not changed.</p>\r\n<p class=\"MsoNormal\">Lands granted to UAE nationals for residential purposes in Abu Dhabi cannot be sold unless construction is completed over the granted lands. This position is confirmed by presidential instructions issued in 2007. Also, we understand the practice of the Municipality is to allow the sale of residential land granted only to UAE nationals (i.e. after the issuance of construction completion certificate) and may also require that an approval from the Ruler’s Court is obtained before allowing the title transfer. Considering this, banks should always seek the prior approval of the Municipality in relation to taking a mortgage over residential granted land before committing to financing.</p>\r\n<p class=\"MsoNormal\"><strong>Other issues relating to the above:</strong></p>\r\n\r\n<ul>\r\n 	<li>The recent decision of the DLD dated 19 March 2015 sets 30 June 2015 as the deadline for the registration (and payment of related fees) of real estate rights and acts of disposal in the Real Estate Register and/or the Interim Land Register held with the DLD. The decision provides that, among other things, failure to pay any unpaid fees to the DLD shall constitute a financial evasion and may be reported as such to the relevant authorities. The decision also mentions that failure to register a relevant property within the deadline may render its ownership void.</li>\r\n</ul>\r\n<ul>\r\n 	<li>A standard-form musataha agreement has been introduced for the Emirate of Abu Dhabi where the property is owned by its Government. Financial institutions will need to be familiar with this template when providing lending to projects to be constructed on such land.</li>\r\n</ul>\r\n<ul>\r\n 	<li>The perfection requirements and type of real estate securities varies from what is described above in some of the free zones located in both Abu Dhabi and Dubai. As an example, the Dubai International Financial Centre has its own register of securities and perfection requirements. Jebel Ali Free Zone offers a hybrid security which allows mortgaging of buildings but without the underlying land. Similarly, it is expected that the Abu Dhabi Global Market will introduce its own rules with regard to taking security over properties located within the free zone.</li>\r\n</ul>'),
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(94807, 5149, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">In line with the legal and regulatory reforms introduced to the corporate environment in Bahrain by the issuance of Legislative Decree No. 21 promulgating the Commercial Companies Law (“Commercial Companies Law”) and through its 2030 Economic Vision, Bahrain has actively sought to promote itself as a business friendly environment, specifically targeting direct foreign investment. The recently issued Legislative Decree No. 50 of 2014 amending the Commercial Companies Law (“New Law”) introduced further reform to Bahrain’s corporate environment. Whilst the New Law has introduced many changes, this article explores some of the more significant changes which appear to be guided by the principles of the 2030 Economic Vision: competitiveness, sustainability and fairness.</p>\r\n<p class=\"MsoNormal\"><strong>Swifter Procedures </strong></p>\r\n<p class=\"MsoNormal\">Article 3 of the New Law provides that all reference to “sixty days” in the Commercial Companies Law shall now be replaced by “fifteen days”. As such, all procedures can now be completed within a quarter of the time previously required under the Commercial Companies Law. This change reflects a clear recognition that swifter procedures are  required by the fast paced corporate world.</p>\r\n<p class=\"MsoNormal\"><strong>Minimum Capital Requirements</strong></p>\r\n<p class=\"MsoNormal\">The New Law adds a new Article 21 (bis) to the Commercial Companies Law which allows the Minister of Industry and Commerce (“Minister”) to issue resolutions dictating the minimum capital requirements for some forms of companies, and for companies working in specific sectors or undertaking specific economic activities. Although the New Law does not remove the existing right of the company’s founders to determine the company\'s capital, changes were made to Articles 109, 228, 249(e), 264 and 293 so that said rights are now made subject to the provision of Article 21 (bis) introduced by the New Law. Practically, this change reinforces the requirement of strict correlation between a company’s activity and its capital. The amendment is intended to strike an even balance between shareholders and other stakeholders in the market, by allowing the Minister to make determinations in relation to minimum capital in certain circumstances.<strong> </strong></p>\r\n<p class=\"MsoNormal\"><strong>Encouragement of Foreign Direct Investment and Presence</strong></p>\r\n<p class=\"MsoNormal\"><em>Removal of Nationality and Foreign Capital Trading Restrictions for Joint Stock Companies</em></p>\r\n<p class=\"MsoNormal\">The New Law introduces changes that are favourable to foreign investors. For example, Article 64 of the Commercial Companies Law, which required that all shareholders in a public joint stock company shall be of Bahraini nationality, no longer exists.</p>\r\n<p class=\"MsoNormal\">Article 65 of the Commercial Companies Law now generally allows the incorporation of public joint stock companies with the participation of foreign capital and expertise, whilst giving the Minister the power to impose foreign ownership restrictions within certain economic sectors or when undertaking certain commercial activities.</p>\r\n<p class=\"MsoNormal\">In addition, Article 65 of the Commercial Companies Law previously restricted trading in stocks and shares representing foreign capital in a public joint-stock company until a three-year period from incorporation had lapsed. The New Law amends Article 65 by removing this restriction. In line with the efforts to encourage direct foreign investment in Bahrain, the removal of this restriction reinforces Bahrain’s position as an open and competitive economy.</p>\r\n<p class=\"MsoNormal\"><em>Presence of Foreign Branches</em></p>\r\n<p class=\"MsoNormal\">The New Law amends Article 347 of the Commercial Companies Law so that branches of foreign entities no longer require a Bahraini sponsor to set up in Bahrain. Further, previously Article 348 of the Commercial Companies Law stipulated that the requirement of a guarantee for branches of foreign companies may be provided either in the form of sponsorship from the head office, or the Bahraini sponsor or in form of a bank guarantee. The New Law has now relaxed this requirement by allowing foreign branches to provide a guarantee by way of a letter from the foreign company’s head office, and removing reference to the guarantees provided by banks or the Bahraini sponsor. As an attempt to strike the correct balance, the New Law has amended Article 348 so that it now requires the foreign branch to provide a copy of the foreign parent company’s constitutional documents and audited financial statements. In addition, the Minister retains the discretion to require additional guarantees on a case-by-case basis.</p>\r\n<p class=\"MsoNormal\"><strong>Changes to Bahrain Joint Stock Company Requirements</strong><em> </em></p>\r\n<p class=\"MsoNormal\"><em>Minimum Number of Founders </em></p>\r\n<p class=\"MsoNormal\">With the exception of companies exclusively incorporated by the government, the New Law amends Article 75(d) so that the minimum number of founders for a joint-stock company in Bahrain has been reduced to two instead of the previous requirement of a minimum of seven founders. This allows for easier incorporation of joint stock companies</p>\r\n<p class=\"MsoNormal\"><em>Minimum Subscription to Capital By Founders</em></p>\r\n<p class=\"MsoNormal\">Article 84 of the Commercial Companies Law as amended by the New Law removes the 40% maximum limit on founders’ subscription to the capital of a public joint stock company in Bahrain. As such, founders of a public joint stock company in Bahrain are now able to tap into this form of equity financing without the need to settle for a 40% stake in the company. Further, founders’ subscriptions are now subject to the provisions of the Central Bank of Bahrain (“CBB”) and Financial Institutions Law promulgated by Law No. 64 of 2006 (“CBB Law”) and its executive regulations.</p>\r\n<p class=\"MsoNormal\"><em>Board Members’ Eligibility Requirements </em></p>\r\n<p class=\"MsoNormal\">The New Law amends Article 173(1)(c) of the Commercial Companies Law by removing the previous requirement that directors need to either personally own shares amounting to BD10,000 or represent the owner of shares amounting to 1% of the company’s capital, whichever is greater. In addition to the requirements under Articles 173(1)(a-b) of the Commercial Companies Law, Article 173(1)(c) currently includes a generic requirement that a board member should fulfil any other conditions stipulated in the company’s constitutional documents. This change is significant in that it empowers shareholders to appoint board members to manage their company based on criteria that they deem to be relevant to the  appointment.</p>\r\n<p class=\"MsoNormal\"><em>Leniency in Relation to Administrative Rules</em></p>\r\n<p class=\"MsoNormal\">i.         Proxies at the General Assembly Meeting</p>\r\n<p class=\"MsoNormal\">The New Law has relaxed a previous administrative burden imposed by Article 203 of the Commercial Companies Law. In the context of general assembly meetings, Article 203 provided that where proxies are used in General Assembly meetings, a single representative may not represent a number of votes exceeding 5% of the company’s issued share capital. The New Law has removed this restriction and added flexibility in this regard.<em> </em></p>\r\n<p class=\"MsoNormal\"><em>Empowerment of Shareholders</em></p>\r\n<p class=\"MsoListParagraph\">i.         Standing To Bring A Claim Against Directors</p>\r\n<p class=\"MsoNormal\">Article 187(a) of the Commercial Companies Law has been amended by the New Law to introduce the right of a shareholder to file a claim against the board of directors for damages he may have incurred. A shareholder is entitled to initiate  such a case where the company has failed to sue a director. This change has the effect of both empowering shareholders, who are the ultimate investors and owners of the company’s capital. Moreover, this change also ensures minority shareholders have recourse to justice in situations where their rights may be prejudiced by their inability to pass resolutions through the General Assembly.</p>\r\n<p class=\"MsoListParagraph\">ii.         Dissolution of the Board Management</p>\r\n<p class=\"MsoNormal\">In cases where the Minister passes a resolution mandating the dissolution of a company’s board of directors, Article 197 provided that the company shall be managed by an interim committee for a period of six months, which may renewable for a similar period if the General Assembly did not vote for a new board by the end of the first six months.</p>\r\n<p class=\"MsoNormal\">The New Law has amended Article 197 so that the interim committee shall only be appointed for three months. Further, the Minister is required to set the date on which the General Assembly will be held and voting on the new board appointments will take place. This eliminates any possibility for extending the three months of interim committee’s management and ensures that management will be restored to a board of directors elected by the shareholders. This change clearly highlights the preferred approach of minimum state intervention taken by the government in Bahrain towards corporate bodies and private capital.</p>\r\n<p class=\"MsoNormal\"><strong>Virtual Meetings</strong></p>\r\n<p class=\"MsoNormal\">With the exception of the meetings of the General Assembly of public joint-stock companies, and the voting process which may take place, the New Law introduces a new Article 23 (bis) whereby the constitutional documents of the company may provide for the possibility of holding all company meetings via any means of telephone or electronic communication provided that:</p>\r\n\r\n<ul>\r\n 	<li>the identity of the participant in such meeting and the validity of any power of attorney under which any proxy participates is verified;</li>\r\n 	<li>the shareholder is able to fully participate in the meeting as if he/she is present at the meeting. This requires that the shareholder is fully aware of the discussions of the meeting and is able to express opinions and participate in the discussions; and</li>\r\n 	<li>any statement or vote properly made by participants should be recorded.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Relieving companies from the requirement of shareholders being physically present in meetings ensures that corporate affairs are not held up in circumstance where shareholders cannot physically be in the same location. Such requirement is becoming increasingly obsolete especially in light of the continuous development of advanced information and communications technologies available globally. Again, this reflects Bahrain’s sensitivity to corporate needs and both a desire and ability to adapt to global advancements.</p>\r\n<p class=\"MsoNormal\"><strong>Strengthening Corporate Governance</strong></p>\r\n<p class=\"MsoNormal\"><em>Corporate Management and Governance Charter </em></p>\r\n<p class=\"MsoNormal\">While the Commercial Companies Law already had various corporate governance requirements applicable to most corporate structures, previously only public joint-stock companies were subject to Bahrain’s Corporate Governance Code. The New Law introduces Article 358 (bis 1) which provides that the charter relating to Corporate Management and the Governance Charter shall apply to all commercial companies subject to the provisions of the Commercial Companies Law, with the exception of joint-stock companies, which continue to be under an obligation to apply the corporate governance principles mandated by the CBB.</p>\r\n<p class=\"MsoNormal\"><em>Accountability </em></p>\r\n<p class=\"MsoNormal\">The New Law introduces a new Article 18 (bis) to the Commercial Companies Law, holding shareholders and directors of all types of companies personally and jointly accountable to each other and third parties  (up to the company’s entire capital), for any damages affecting the company, in certain circumstances as follows:</p>\r\n\r\n<ul>\r\n 	<li>submission of incorrect data or information about the company\'s capital in the company’s constitutional documents, in transactions with third parties, or in any documents that are likely to influence the financial confidence in the company;</li>\r\n 	<li>using the company for fraudulent purposes or illegal acts;</li>\r\n 	<li>personal dealing with the company\'s funds;</li>\r\n 	<li>where personal interests and the interests of the company are not separated;</li>\r\n 	<li>where the company is encumbered with further obligations, despite being certain or presumably knowing that the company will not be able to perform such obligations as they fall due or that encumbering the company with such further obligations was a result of negligence or a grave mistake;</li>\r\n 	<li>where such person causes the company’s inability to pay accrued taxes and fees to the government, authorities, or public organizations departments or public institutions, despite the supposed certainty or knowledge of the same, or if the company fails to pay those taxes due to the gross negligence or wrongdoings thereof; and</li>\r\n 	<li>violation of the Commercial Companies Law or the company’s constitutional documents.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Significantly, the New Law does not relieve individuals from accountability on the basis of their absence from relevant company meetings. Therefore, for example, a board member cannot evade liability on the basis that the violation occurred as a result of a resolution taken at a meeting at which he was absent, unless he has objected to the resolution and recorded his objection in the minutes.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">The highlighted changes in the New Law underlie the government’s real attempt to balance its strategy in relation to implementing its 2030 Economic Vision: to increase investor confidence in the Kingdom’s economy and create a business friendly environment. This strategy is coupled with the necessary mitigating factors to combat the increased risks of fraud, civil and criminal liability. By incorporating more relaxed rules in relation to administrative matters and foreign investments, whilst at the same time strengthening the corporate governance requirements, the New Law reinforces the principles of an open market coupled with accountability and fairness within Bahrain’s corporate environment. This should lead to  increased investor confidence and long-term sustainability in growth and operations.</p>'),
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(94826, 5150, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">If the Employer is the terminating party, there will almost inevitably be a delay in engaging a replacement contractor while the difficult question of addressing the interface between the works performed by the terminated contractor and the replacement contractor needs to be dealt with.</p>\r\n<p class=\"MsoNormal\">Alternatively, any termination by the Contractor is likely to emanate from the nonpayment of sums due to the Contractor. Even if the Employer has the means to pay, there will almost inevitably be a reason for non-payment.</p>\r\n<p class=\"MsoNormal\">On account of the many difficulties arising out of most terminations, it is advisable for contracts to contain “early warning” mechanisms that alert the parties to breaches and allow opportunity for the breach to be cured (or for negotiations to occur) prior to the breach becoming a ground for termination. That said, termination can be the only viable option in certain situations (i.e. insolvency or perhaps it is patently apparent that the Contractor lacks the skills and resources to perform the works) and this article briefly addresses some important things to know and consider about termination of construction contracts and its consequences under UAE law.</p>\r\n<p class=\"MsoNormal\"><strong>Ensure you have the right to terminate </strong></p>\r\n<p class=\"MsoNormal\">Prior to terminating a contract, the terminating party must ensure that it has the legal right to do so and strictly follows any contractually agreed procedures (such as notice requirements).</p>\r\n<p class=\"MsoNormal\">It is not uncommon for parties to incorrectly assume that they have a right to terminate in a particular situation and to purport to terminate the contract without any legal right to do so. This can result in the termination being ineffective and the terminating party being exposed to a damages claim. In other words, rather than being the innocent party, the party who ineffectively terminates the contract unwittingly becomes the party in breach.</p>\r\n<p class=\"MsoNormal\"><strong>Contract termination rights  </strong></p>\r\n<p class=\"MsoNormal\">In accordance with the principles of freedom of contract, parties to construction contracts frequently agree on the circumstances upon which the construction contract may be terminated, together with the compensation regime.  Indeed, this is the position under standard form contracts (such as the FIDIC suite).</p>\r\n<p class=\"MsoNormal\"><strong>The impact of UAE Law</strong></p>\r\n<p class=\"MsoNormal\">The right to terminate is however subject to UAE Law. The UAE Civil Code addresses the termination of muqawala contracts (i.e. contracts for the carrying out of works) and provides that “<em>a contract of muqawala shall terminate upon completion of the works agreed or upon cancellation of the contract by consent or by an order of the court</em>”.</p>\r\n<p class=\"MsoNormal\">As well as clearly setting out contractually agreed termination rights, it is important that the contract provides that it may be terminated without a court order.  If the contract does not have such a clause, the terminating party is required to notify the other party of its intention to terminate the contract before proceeding to seek the court’s consent to terminate the contract. This step obviously costs time and money.</p>\r\n<p class=\"MsoNormal\">Pending a court’s order to terminate the contract and if there are no applicable suspension rights, the parties may be required to continue to perform their contractual obligations. This can lead to obvious complications. However, if the drafting provides that a no court order is required, the contract will terminate in accordance with its terms without any further formality.</p>\r\n<p class=\"MsoNormal\">Alternatively, if a contract does not contain any contractually agreed termination rights (or if the contract fails to provide that it may be terminated without a court order), a party wishing to terminate the contract is required to seek the consent of the court.</p>\r\n<p class=\"MsoNormal\">The court will consider all relevant circumstances (particularly the seriousness of the breach) before determining whether or not to order termination of the contract.  Depending on the circumstances, specific performance may be ordered as an alternative to termination while an extended cure period may be implemented as a precondition to any termination. Prior to the court issuing its termination order, the breaching party may remedy any breach (and thus avert any termination).</p>\r\n<p class=\"MsoNormal\">The final ground for termination prior to completion of the works arises by operation of law if, for example, performance is rendered impossible on account of the occurrence of an event that is not attributable to either party (i.e. an event of force majeure).</p>\r\n<p class=\"MsoNormal\"><strong>Consequences of termination and damages </strong></p>\r\n<p class=\"MsoNormal\">Closely connected to termination is the question of damages.</p>\r\n<p class=\"MsoNormal\">The guiding principle is that compensation should be equal to the quantum of the harm suffered. Under the Civil Code, a party is entitled to be compensated for the “damage, in fact, suffered at the time of the occurrence of the breach”. In the absence of fraud and gross negligence, directness and foreseeability are required in order to recover damages for breach of contract. This corresponds with the position under many standard form contracts which typically exclude liability for indirect and consequential losses.</p>\r\n<p class=\"MsoNormal\">In order to manage the process following termination, parties frequently agree on a contractual mechanism that applies to the transition. For example, if an Employer terminates on account of a Contractor’s breach, it is common for the Employer to not be required to make further payment to the Contractor until the cost of completing the works (and therefore of engaging an alternative contractor) has been determined. The intention of such wording is to ensure that the Employer is not out of pocket on account of having to engage a replacement contractor.</p>\r\n<p class=\"MsoNormal\">An Employer should also have the contractual right to recover from the Contractor (and use) any designs or other deliverables, together with the ability to take over key subcontracts.</p>\r\n<p class=\"MsoNormal\">A Contractor who terminates on account of the Employer’s breach is typically entitled to immediate payment of sums due to it under the contract, together with out of pocket expenses (including its demobilisation costs) and interest. Parties are free to agree the applicable rate of interest on the late payment of debts, subject to a cap of 12%.  If the contract fails to prescribe a rate of interest, a default rate of 9% is often implied.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">At the time a construction contract is entered into, parties are usually focused on the construction project itself rather than what happens if things do not go according to plan.  Unfortunately, construction projects frequently encounter troubled waters and it is therefore important that parties spend the time to agree well drafted termination clauses to facilitate the challenging process of termination.</p>\r\n&nbsp;'),
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(94845, 5151, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">With the Kingdom of Saudi Arabia (KSA) rolling out a succession of major public infrastructure projects in recent years, KSA’s foreign investment policy makers have made it clear that they are keen to see more foreign participation in those projects.  As the economic powerhouse of the GCC with a strong pipeline of work in the years ahead, KSA is on the radar for foreign contractors looking to expand in the Middle East.  Often, to be eligible to bid for these larger projects, a contractor must be pre-qualified.</p>\r\n<p class=\"MsoNormal\"><strong>Pre-qualification for government contracts in Saudi Arabia</strong></p>\r\n<p class=\"MsoNormal\">Pre-qualification is used to identify contractors who have the necessary experience, know-how and resources to successfully carry out a particular scope of work or project.</p>\r\n<p class=\"MsoNormal\">In KSA the pre-qualification process, where utilised, is itself a competitive tender process and is governed by the Government Tender and Procurement Law (“<strong>GTPL</strong>”) and its implementing regulations (“<strong>GTPR</strong>”).</p>\r\n<p class=\"MsoNormal\">The specific requirements for pre-qualification for government tenders vary between different government agencies and also from project to project.  Generally for government projects the GTPR mandates that contractors must:</p>\r\n\r\n<ul>\r\n 	<li>Have a Commercial Registration in KSA.  For foreign contractors this first requires a licence from the Saudi Arabian General Investment Authority (“<strong>SAGIA</strong>”).</li>\r\n 	<li>Be registered with the General Organisation for Social Insurance.</li>\r\n 	<li>Have a tax or zakat certificate.</li>\r\n 	<li>Have a Saudization certificate.</li>\r\n 	<li>Have a certificate of membership of the Chamber of Commerce.</li>\r\n 	<li>Be registered with the Ministry of Labour.</li>\r\n 	<li>Have a requisite Contractor Classification issued by the Ministry of Municipal and Rural Affairs (“<strong>MOMRA</strong>”) to carry out the work required. This will depend on the type of work specified and the value of the contract.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">Generally, though it may vary between various government entities, other pre-qualification requirements may require the contractor to:</p>\r\n\r\n<ul>\r\n 	<li>Have no conflict of interest (including for any proposed subcontractors).</li>\r\n 	<li>Have no recent instances of contractual non-performance (which could be within say the past five years).</li>\r\n 	<li>Meet required financial levels, provide audited financial statements, and be solvent with no recent history of liquidation, bankruptcy or defaults (say within the past five years).</li>\r\n 	<li>Have certain annual turnovers (depending on the project requirements).</li>\r\n 	<li>Meet specific experience requirements depending on the precise nature of the project.</li>\r\n 	<li>Declare any fees, gratuities, payments or inducements paid to any party in respect of pre-qualification or the bidding or tender process.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Streamlined processes for foreign contractors</strong></p>\r\n<p class=\"MsoNormal\">A foreign contractor that does not have a commercial presence / registration in KSA may still qualify to bid for a government contract.</p>\r\n<p class=\"MsoNormal\">The recent Council of Ministers Resolution No. 405, released in August 2014, applies to contractors in the areas of: construction; roads; water and sewage works; implementation of works for water conveyance; desalination plants and electric power; electrical, mechanical, electronic, industrial and marine works; and communications technology.</p>\r\n<p class=\"MsoNormal\">This resolution allows contractors that are licensed as first class in their home country, or certain ‘well known’ contractors, to obtain a temporary certificate from SAGIA allowing the contractor to bid on government projects (but only one at a time).  The contractor may then fulfil the other requirements (set out above) after it is awarded a government contract.</p>\r\n<p class=\"MsoNormal\">If successful in being awarded a government contract, the foreign contractor must establish an entity in KSA and obtain a temporary commercial registration.  A temporary commercial registration licence must be applied for within 30 days of the date the contract is awarded and a copy of the award letter or the project execution contract signed by the government authority must be submitted to SAGIA.</p>\r\n<p class=\"MsoNormal\">A temporary commercial registration licence from SAGIA:</p>\r\n\r\n<ul>\r\n 	<li>Will be limited to the activities necessary to carry out the project awarded by the KSA government authority.</li>\r\n 	<li>Will be limited to a time period linked to the expected duration of the project awarded by the KSA government authority.</li>\r\n 	<li>Will be linked to the KSA government authority that awarded the project.</li>\r\n 	<li>Must be renewed every 12 months and the consent of the KSA government authority that awarded the project is required.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">As a further refinement, a foreign contractor classified in the first class in its country, or which has implemented  a project with a value of not less than SAR500 million, has not less than 2,000 employees and total assets of not less than SAR50 million, can apply for a SAGIA licence using the recently introduced Fast Track process.  SAGIA states that the Fast Track system allows a licence to be issued in as few as five days from acknowledgement of a completed application.</p>\r\n<p class=\"MsoNormal\"><strong>Joining a consortium to bid for contracts in KSA</strong></p>\r\n<p class=\"MsoNormal\">A consortium is essentially an agreement between a number of parties to undertake a joint venture.   If a foreign entity is a joint venture partner it must hold a SAGIA foreign investment licence and a Commercial Registration issued by the Ministry of Commerce and Industry.  Usually (but not always) the consortium will establish a KSA limited liability company to execute the contract.  A consortium intending to bid for a government contract will be required to submit a copy of the consortium agreement.</p>\r\n<p class=\"MsoNormal\">For a foreign contractor bidding for KSA government contracts as part of a consortium, there may be a need for the foreign contractor to have a KSA SAGIA licence, depending on the terms of the Request for Proposal or Tender.  Some may require KSA registration first, others may not.  The SAGIA licence will need to be obtained by the new JV company (if there is one) otherwise it must be obtained by the foreign company setting up an entity in KSA as part of an unincorporated consortium.</p>\r\n<p class=\"MsoNormal\"><strong>Pre-qualifying for private sector contracts</strong></p>\r\n<p class=\"MsoNormal\">Tender and pre-qualification processes for private sector contracts in KSA are not governed by specific laws.</p>\r\n<p class=\"MsoListParagraph\">Requirements for pre-qualification issued by private companies in KSA (other than government procurement) vary depending on the level of sophistication of the company, whether the company has experience in carrying out similar past projects, and the value and complexity of the work.  However, most of the information required for government pre-qualification is generally also requested in private sector tenders.</p>\r\n<p class=\"MsoListParagraph\">Other pre-qualification requirements may include:</p>\r\n\r\n<ul>\r\n 	<li>Past occupational health and safety record.</li>\r\n 	<li>Any ISO or similar compliance.</li>\r\n 	<li>References from past employers, head-contractors or sub-contractors.</li>\r\n 	<li>A requirement to provide a financial guarantee / bond.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">It may be a pre-qualification requirement that all bidders already have a KSA established entity.</p>\r\n<p class=\"MsoNormal\"><strong>Inducement of government officials</strong></p>\r\n<p class=\"MsoNormal\">KSA has laws that keep the tender process transparent, fair and free from impropriety.</p>\r\n<p class=\"MsoNormal\">The Anti-Bribery Law 1992 makes it clear that the receipt of any benefit or advantage (financial or non-financial) concerning any government official would be considered a bribe and includes a promise, gift, bounty, favour or recommendation.</p>\r\n<p class=\"MsoNormal\">Prohibited circumstances include not only when officials demand a bribe for themselves or another person for performing their normal duties (or abstaining from performing such duties) but also receiving what is deemed to be a bribe without demand by the official concerned.</p>\r\n<p class=\"MsoNormal\">There are severe penalties for bribery, which vary according to the severity of the circumstances.  The most severe penalties are 10 years imprisonment and/or a SAR1 million fine.  The lesser crimes still carry imprisonment penalties of up to 3 years and/or a fine of up to SAR100,000.</p>\r\n<p class=\"MsoNormal\">Bribes or inducements in the private sector are illegal under Shari’ah principles.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">Qualifying as an approved bidder is the first part of the tender process and contractors now have a more streamlined way to qualify as a bidder in KSA.</p>\r\n<p class=\"MsoNormal\">The willingness of the government to bring in more streamlined processes for contractors entering KSA is a reflection of the significant amount of work being carried out and the need for experienced foreign contractors to bring their know-how and resources to implement projects in the Kingdom of Saudi Arabia.</p>\r\n<p class=\"MsoNormal\">With the continued rollout of world class infrastructure projects across the Kingdom, the demand for foreign contractors and suppliers will remain strong in the years ahead.  Knowing how to pre-qualify to tender on those projects is an essential first step for any contractor looking to win tenders in KSA.</p>'),
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(94849, 5151, 'content_description', 'Infrastructure Boom'),
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(94851, 5151, 'pageSummary', 'Infrastructure Boom'),
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(94857, 5151, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail', 'd.goodwin@tamimi.com'),
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(94868, 5152, 'content', 'May 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\">Investors are conducting extensive due diligence to ensure that they structure their investment by establishing the type of entity which best suits their commercial objectives.</p>\r\n<p class=\"MsoNormal\">The establishment of a company in KSA is either by way of a limited liability company or, less frequently, a joint-stock company. This choice is generally driven by factors such as proposed shareholder numbers, management structure and the proposed activities of the company.  Another potential factor is the possible need to include Saudi equity participation for activities such as for the importing, exporting, marketing, promotion and sale of products.</p>\r\n<p class=\"MsoNormal\">In addition to a company structure, in some cases a branch may be the optimum investment vehicle. The following is a brief overview of the two main types of available branch offices and the advantages and disadvantages of each. The two types of branches are:</p>\r\n\r\n<ul>\r\n 	<li>Permanent entity (a ‘Permanent Branch’); and</li>\r\n 	<li>Technical &amp; Scientific Services Offices (‘TSSO’).</li>\r\n</ul>\r\n<p class=\"MsoNormal\">This Article also comments on Temporary Commercial Registration which may be a possible structure in the context of government contracts.</p>\r\n<p class=\"MsoNormal\">In all cases, the selected establishment will require a foreign investment license from the Saudi Arabian General Investment Authority (SAGIA) and possibly other specific regulatory approvals.</p>\r\n<p class=\"MsoNormal\"><strong>Permanent Branch</strong></p>\r\n<p class=\"MsoNormal\">A Permanent Branch is a conventional branch which would be considered as an extension of the parent office. The minimum start-up capital would commonly be approximately SAR 500,000. This would generally satisfy SAGIA’s initial requirements.</p>\r\n<p class=\"MsoNormal\">The main advantages of a Permanent Branch are:</p>\r\n\r\n<ul>\r\n 	<li class=\"MsoNormal\">depending on the circumstances, it may be the quickest to establish</li>\r\n 	<li class=\"MsoNormal\">the formation process is generally similar to that of a limited liability company</li>\r\n 	<li class=\"MsoNormal\">no new articles of association are needed</li>\r\n 	<li class=\"MsoNormal\">it can have the full range of activities</li>\r\n 	<li class=\"MsoNormal\">it can engage in projects in both the public and private sector (in accordance with approved objects)</li>\r\n 	<li class=\"MsoNormal\">it may promote and solicit approved business throughout KSA</li>\r\n</ul>\r\n<p class=\"MsoNormal\"></p>\r\n<p class=\"MsoNormal\">The main disadvantages of a Permanent Branch are:</p>\r\n\r\n<ul>\r\n 	<li class=\"MsoNormal\">Saudi-owned entities, or entities involving substantial Saudi participation, are likely to be preferred for government contracts</li>\r\n 	<li class=\"MsoNormal\">its activities are limited to the licensed objects approved by SAGIA</li>\r\n 	<li class=\"MsoNormal\">there is a general expectation that substantive income producing activities will be undertaken</li>\r\n 	<li class=\"MsoNormal\">it is not able to conduct promotion, marketing and trading activities (as a minimum 25% Saudi equity participation is required for these activities together with significantly greater capitalization)</li>\r\n 	<li class=\"MsoNormal\">it cannot be formed solely to engage in representation or promotional activities</li>\r\n 	<li class=\"MsoNormal\">the parent company cannot quarantine liability in KSA and may be exposed in its place of incorporation</li>\r\n 	<li class=\"MsoNormal\">no other shareholders share the financial burden of capital requirements and setting up costs.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"></p>\r\n<p class=\"MsoNormal\"><strong>Technical Scientific Services Office (TSSO)</strong></p>\r\n<p class=\"MsoNormal\"> A TSSO may be used where there is a registered commercial agency distribution agreement between  a foreign manufacturing entity and  a registered Saudi distributor dealing with the local market.</p>\r\n<p class=\"MsoNormal\">A TSSO:</p>\r\n\r\n<ul>\r\n 	<li>can generally only be used in relation to complex products</li>\r\n 	<li>can assist the registered distributor in KSA with marketing and customer relations;</li>\r\n 	<li>must not market or sell products or generate any revenue</li>\r\n 	<li>does not require any capitalization</li>\r\n 	<li>requires the existence of a current distribution agreement registered with the Commercial Agencies Department of the Ministry of Commerce and Industry.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The main advantages of a TSSO are as follows:</p>\r\n\r\n<ul>\r\n 	<li>the formation process is simpler than a company and similar to that of a branch</li>\r\n 	<li>a TSSO may conduct market studies for the company\'s business activities and prepare reports arising from those studies to the parent entity</li>\r\n 	<li>there are no capital requirements</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The main disadvantages of a TSSO are as follows:</p>\r\n\r\n<ul>\r\n 	<li>not all products are sufficiently complex to require a TSSO</li>\r\n 	<li>the applicant for a TSSO must be the actual manufacturer of the product, not a downstream supplier</li>\r\n 	<li>as there is no separate legal identity, the parent cannot quarantine liability in KSA and may be exposed in its place of incorporation</li>\r\n 	<li>as it does not have licensed objects like a branch, a TSSO cannot perform services outside of local technical support for the  registered local distributor</li>\r\n 	<li>a TSSO is limited in terms of the number of employees with the number set by Saudi authorities;</li>\r\n 	<li>a TSSO must provide SAGIA with an annual report of its activities</li>\r\n 	<li>a TSSO must have a registered Saudi distributor.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">It should be noted that the TSSO structure is not commonly used in KSA, mainly due to the disadvantages listed above and in particular because a TSSO</p>\r\n\r\n<ul>\r\n 	<li>must be established by the actual manufacturer</li>\r\n 	<li>cannot market or promote products and must only support the local distributor</li>\r\n 	<li>must provide technical and scientific services to the KSA distributor and consumers of complex products</li>\r\n 	<li>must conduct a market study for the company\'s business activity and prepare reports on such study for the headquarters</li>\r\n 	<li>must provide SAGIA with an annual report of its activity.</li>\r\n</ul>\r\n<p class=\"MsoNormal\"><strong>Temporary Commercial Registration (TCR)</strong></p>\r\n<p class=\"MsoNormal\">Temporary Commercial Registration is not strictly a branch office and is only relevant to servicing a KSA government contract or semi-government company. The foreign investment license is generally issued more quickly than for a conventional branch office (although a copy of the signed government contract will be required).</p>\r\n<p class=\"MsoNormal\">The main advantages of a TCR are that a TCR:</p>\r\n\r\n<ul>\r\n 	<li class=\"MsoNormal\">can be obtained for consulting projects</li>\r\n 	<li class=\"MsoNormal\">may sometimes be converted to a permanent commercial registration</li>\r\n</ul>\r\n<ul>\r\n 	<li>may be able to be converted from temporary status to a regular commercial registration at a later stage</li>\r\n</ul>\r\n<ul>\r\n 	<li class=\"MsoNormal\">is generally easy to liquidate</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The main disadvantages of a TCR are that a TCR:</p>\r\n\r\n<ul>\r\n 	<li class=\"MsoNormal\">can only be issued to a foreign investor after it has been awarded  a government contract</li>\r\n 	<li class=\"MsoNormal\">may not be suitable for subcontractors on government projects</li>\r\n 	<li class=\"MsoNormal\">is limited to the scope and duration of the contract (extensions to commercial registration may be applied for with the support of the government party)</li>\r\n</ul>\r\n<p class=\"MsoNormal\">cannot have the purpose of:</p>\r\n\r\n<ul>\r\n 	<li>\r\n<div class=\"MsoNormal\">promoting or marketing business</div></li>\r\n 	<li class=\"MsoNormal\">monitoring or surveying market conditions</li>\r\n 	<li class=\"MsoNormal\">providing other business opportunities</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Conclusion</strong>\r\n<p class=\"MsoNormal\">Whilst each particular situation requires assessment in the context of the relevant commercial objectives, in broad terms:</p>\r\n\r\n<ul>\r\n 	<li>a <em>Permanent Branch</em> may be the preferred option for a foreign investor that is keen to invest in KSA without being involved in the more complicated process and requirements for a limited liability company but at the same time wants to conduct normal business without the limitations imposed on a TSSO or TCR</li>\r\n</ul>\r\n<ul>\r\n 	<li>a <em>TSSO</em> may be the preferred option for a foreign investor that is interested only in providing technical support and to manage the relationship with their clients or potential clients on a limited scale</li>\r\n</ul>\r\n<ul>\r\n 	<li>a <em>TCR</em> may be the preferred option for a foreign investor which is a contractor that has a single project with a KSA governmental authority and does not want to satisfy the procedural requirements for setting up a formal branch.</li>\r\n</ul>'),
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(94874, 5152, 'pageSummary', 'In recent times there has been a surge in foreign investment in the Kingdom of Saudi Arabia (‘KSA’) as investors seek to capitalize on the prosperous investment climate in the pursuit of business development opportunities.'),
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(94876, 5152, 'currentURL', 'http://www.tamimi.com/en/magazine/law-update/section-11/may-8/establishing-a-branch-office-by-a-foreign-investor-in-saudi-arabia.html'),
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(94887, 5153, 'content', 'May 2015\r\n\r\n<hr />\r\n\r\nThis article will provide an overview of the structure of the Centre as well as the process and procedures of litigation in cases pertaining to outstanding rent and eviction of tenants.\r\n\r\n<strong>The scope and structure of the centre</strong>\r\n\r\nHis Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai issued a decree concerning rent disputes in the Emirate of Dubai (Decree No. 26 of 2013) establishing the Rent Disputes Settlement Centre.\r\n\r\nThe Centre exclusively carries out the following competences:\r\n<ul>\r\n 	<li>Settlement of all rental disputes arising between property landlords and tenants in Dubai including within the free zones (save for the exceptions below) and  any counterclaims and requests to take temporary or summary procedures submitted by any party to a lease.</li>\r\n 	<li>Deciding on appeals filed against decisions and judgments in accordance with the provisions of the aforementioned Decree, and the applicable regulations and resolutions.</li>\r\n 	<li>Enforcement of decisions and judgments issued by the Centre in relation to rental disputes falling within its authority.</li>\r\n</ul>\r\nHowever, the Centre is not empowered to hear the following rental disputes:\r\n<ul>\r\n 	<li>Rental disputes arising within free zones that have special judicial committees or courts competent to settle rent disputes arising within their boundaries.</li>\r\n 	<li>Rental disputes arising from financial lease agreements.</li>\r\n 	<li>Disputes arising from long term leases.</li>\r\n</ul>\r\nThe structure of the Centre consists of two sectors, a judicial and administrative division. The judicial sector consists of the following departments:\r\n<ul>\r\n 	<li>Reconciliation Department</li>\r\n 	<li>First Instance Department</li>\r\n 	<li>Appeal Department</li>\r\n 	<li>Execution Department</li>\r\n</ul>\r\nThe administrative sector of the Centre consists of a number of divisions mandated to provide technical and administrative support for the judicial sector.\r\n\r\n<strong>Reconciliation Department</strong>\r\n\r\nThe Reconciliation Department aims at assisting parties to settle rental disputes amicably within a maximum period of 15 days. This period may be extended at the discretion of the supervising judge. If the parties agree settlement terms, it will be documented by way of a settlement agreement signed by the parties and approved by the judge supervising the Department.\r\n\r\n<strong>Litigation Before The Centre: Process And Procedure</strong>\r\n\r\nFirst Instance Department:\r\n\r\nThe First Instance Department consists of committees each having a chairman (judge) and two members from both the legal and real estate field.\r\n\r\nAll proceedings at the Centre are conducted in Arabic. Accordingly all the court pleadings will be drafted in Arabic and official Arabic translations of all the documents upon which parties seek to rely in the litigation will be required.\r\n\r\n<strong>Hearings</strong>\r\n\r\nOnce the claim has been filed and served, there will be a series of hearings during which parties formally appear and file memoranda which set out the claim, defence and all other evidence upon which the parties rely. In practice all arguments, pleadings and documents submitted to the Centre are made by written submission.\r\n\r\nThe number of hearings and the time it will take to set the matter down for judgment will depend on matters such as the length of time taken to serve the defendants, the complexity of the case and the number of memorandums that are filed.\r\n\r\nIf the Centre considers the case sufficiently complex or technical it will appoint an expert to review the documents, meet with the parties and ultimately provide an expert report to the Centre.\r\n\r\nOnce all the pleadings have been exchanged, and the expert report has been submitted where applicable, the Centre will set the matter down for judgment.\r\n\r\nThere is a right of appeal from the First Instance Department to the Appeal Department within 15 days from the date the judgment is issued.\r\n\r\n<strong>Appeal Department:</strong>\r\n\r\nThe appeal department of the Centre consists of a number of committees; each of which has a chairman (judge) and two members, one of them being a judge and the other with extensive experience and competence in real estate. These committees are responsible for rendering decisions in relation to appeals filed against decisions and judgments issued by the First Instance Department.\r\n\r\nThe judgments of the Appeal Department are deemed final.\r\n\r\nJudgments issued in rental claims that are less than AED 100,000 (or if the annual rent is less than AED 100,000) will not be accepted by the appeal department save in the following circumstances:\r\n<ul>\r\n 	<li>If an eviction judgment is issued;</li>\r\n 	<li>If a judgment is issued in violation of the jurisdiction rules;</li>\r\n 	<li>If a judgment is issued with something not requested by the parties, or with more than what they requested or if it disregarded some requests;</li>\r\n 	<li>If a judgment is issued against a person who has not been correctly represented in the action or service was not effective;</li>\r\n 	<li>If a judgment is based on papers or documents which were declared to be forgeries after the judgment was issued or the judgment was based on a testimony that was judged as a false testimony after the judgment was issued; and</li>\r\n 	<li>If a party to the lease conceals data or documents from the First Instance Department that may have changed the original decision.</li>\r\n</ul>\r\n<strong>Enforcement of Judgments:</strong>\r\n\r\nAll final judgments issued by both the First Instance and Appeal Department must be enforced before the execution department of the Centre. The enforcement procedures will commence following the lapse of 15 days from the date the tenant is notified of the execution proceedings.\r\n\r\nThe First Instance Department’s judgment will be considered final if the judgment cannot be appealed for the reasons set out above and/or if it is not appealed by the parties within the statutory time frame.\r\n\r\nIn cases where the Centre issued decisions for eviction, the eviction date will be scheduled by the Centre (i.e. for the bailiff to visit the premises and carry out the handover process) following the lapse of the notification period.\r\n\r\nWhen the eviction process is concluded the landlord must file another application before the execution department of the Centre to claim rent and other charges against the tenant until the eviction date. The Centre will subsequently carry out an asset search to identify and locate monies and assets owned by the tenant before the concerned authorities.\r\n\r\n<strong>Eviction of Tenants:</strong>\r\n\r\nArticle 25 (1) of Law No. 26 of 2007, as amended by Law No. 33 of 2008, regulating the relationship between landlord and tenants in the Emirates of Dubai (the “Landlord and Tenant Law”) provides that landlords may demand eviction of tenants prior to the expiry of a tenancy contract in the following circumstances:\r\n<ul>\r\n 	<li>If the tenant fails to pay rent, or part of the rent due within 30 days of the landlord’s notice for payment; unless parties agreed otherwise.</li>\r\n 	<li>If the tenant subleases the property, or part thereof, without the landlord’s written approval, the tenant and the subtenant can be evicted with the subtenant’s right to refer to the tenant for compensation being reserved.</li>\r\n 	<li>If the tenant uses, or allows others to use, the property for illegal or immoral activities.</li>\r\n 	<li>If the leased property is a commercial shop and the tenant left without occupation and without legal reason for 30 continual days or 90 non-continual days in one year; unless the parties agreed otherwise.</li>\r\n 	<li>If the tenant causes changes that endanger the safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence or if he allows others to cause such damage.</li>\r\n 	<li>If the tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building and land using regulations.</li>\r\n 	<li>If the property is in danger of collapse, provided that landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it.</li>\r\n 	<li>If the tenant fails to observe legal obligations or tenancy contract conditions within 30 days from date of notification by the landlord to abide by such obligations or conditions.</li>\r\n 	<li>If development requirements in the Emirate require demolition and reconstruction of the property in accordance with government authorities instructions.</li>\r\n</ul>\r\nAnd for the purpose of this Article 25(1) the landlord must notify the tenant through the Notary Public or by registered mail.\r\n\r\nArticle 25 (2) of the Law also provides grounds for eviction upon the expiry of a tenancy contract which are limited to the following cases:\r\n<ul>\r\n 	<li>If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent the tenant from benefiting from the leased property, provided that necessary licences are obtained.</li>\r\n 	<li>If the property requires renovation or comprehensive maintenance which cannot be executed while the tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is to be submitted to this effect.</li>\r\n 	<li>If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose.</li>\r\n 	<li>If the owner of the property wishes to sell the leased property.</li>\r\n</ul>\r\nAnd for the purpose of clause (2) of this Article, the landlord must notify the tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.\r\n\r\nIf a landlord demands recovery of the property for his own use, then the landlord cannot rent the property to others for at least two years for residential property and three years for non residential property.\r\n\r\nWe trust that this article acts as a helpful overview of the structure and function of the Centre and the applicable procedures that shape how litigation before the Centre is conducted.'),
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(101849, 5537, 'content', '<p class=\"p1\"><strong>Background</strong></p>\r\n<p class=\"p2\">On 24 June 2016, a ship owners and its subsidiary (the “Defendants”) sent a purchase order to a bunkering company (the “Claimant”) for the purchase of bunkers. The Defendants requested that the Claimant supply the ship with 150 cubic metres of marine gas oil (“MGO”). On the same day, the bunkering company supplied the ship with the required MGO and the bunker delivery notes were signed by the ship’s captain and stamped with the ship’s stamp confirming receipt of the MGO. On 4 July 2016, a commercial invoice for the MGO was sent by the bunkering company to the ship owners. However, the ship owners did not settle the price of the supplied MGO.</p>\r\n<p class=\"p2\"><strong>The Nature of the Claim</strong></p>\r\n<p class=\"p4\">On 25 September 2016, the Claimant obtained an arrest order from Dubai Courts against the ship, which was at Rashid Port at the time. The Claimant based the arrest order request on the purchase order and the bunker delivery notes. On 11 October 2016, the Claimant then brought a substantive claim before the Court against the ship owners and its subsidiary seeking USD 65,750, being the value of the supplied MOG, validation of the arrest order against the ship, and legal interest at the rate of 12% from 4 July 2016 until the date of full payment.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>The Court’s Judgment</strong></span></p>\r\n<p class=\"p2\">Although the Defendants had been served with the arrest order and the substantive claim legally via the ship’s captain, they did not appear before Dubai Court of First Instance. On 14 November 2016, the Court handed down its judgment as follows:</p>\r\n\r\n<ul>\r\n 	<li>\r\n<div class=\"p5\">In relation to the substantive claim, the Court held that the Defendants were jointly liable to pay the Claimant the sum of USD 65,750, plus legal interest at the rate of 9% accruing from 4 July 2016 until the date of full payment, plus all legal expenses.</div></li>\r\n</ul>\r\n<ul>\r\n 	<li>\r\n<div class=\"p6\">In relation to validation of the arrest order, the Court decided to appoint a maritime expert to determine the specifications of the ship (i.e. the ship’s exact location, the registration bureau, flag, capacity, identity of the captain, identify of the owners and their domicile, ownership certificate, nationality, arrestors and their domicile, if there were other arrest orders against the ship from other creditors and their respective values) and determine the starting price of the ship in order to sell the ship via a judicial auction.</div></li>\r\n</ul>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Comment</strong></span></p>\r\n<p class=\"p2\">This is because the Execution Court should not need to issue an order to sell the ships and/or appoint an expert to evaluate the ship’s price in order to auction the ships during the enforcement proceedings, as the judgment itself will be include the order of sale, the starting price of the ship, and the conditions of the sale.</p>\r\n<p class=\"p1\">It should be noted that Article 121 of the Maritime Law specifies a deadline for appealing judgments, including validation of arrest orders over ships, of 15 days from the date the judgment is pronounced. However, the practice of the UAE Courts is to permit appeals filed within 30 days under Article 159 of the Civil Procedures Law. Accordingly, it could be argued that since the Dubai Courts have started applying Article 121, the deadline for appealing the above-mentioned judgments should be 15 days and not 30 days. The deadline set out in Article 121 is yet untested by the Dubai Courts, though we consider that the point is likely to be determined by the Dubai Courts in the near future.</p>'),
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(101866, 5538, 'content', 'December 2016 - January 2017\r\n\r\n<hr />\r\n<p class=\"p1\"><span class=\"s1\">In Abu Dhabi Court of Cassation Omission Application Decision 1 of 2016 (issued on 17 November 2016), the court held that the essence of Article 139 is that the court must have, through its own mistake or inadvertence, completely omitted to determine a request for substantive relief, leaving the request to remain undecided (by an explicit or implicit ruling) and pending before the court. An omission application is not subject to any of the statutory time limits for appeal and can be availed at any time. In addition, the Applicant’s acceptance of the partial judgment by proceeding to enforce the ruling made in its favour does not in itself indicate its acquiescence to the ruling and waiver of the requests for relief on which the Court made no ruling. Al Tamimi represented the Claimant in the appellate courts. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Background</strong></span></p>\r\n<p class=\"p1\"><span class=\"s3\">By a standard contract for works between the Defendant and a consortium comprising the Claimant and a Turkish company, the consortium was commissioned to build and construct a mall. Errors between the Defendant and Consultant delayed the execution of the project until the Defendant arbitrarily terminated the contract without good cause and liquidated two performance bonds. </span></p>\r\n<p class=\"p1\"><span class=\"s3\"> The Claimant brought Commercial Action No. 278-2011 against the Defendant seeking judgment against him for AED 300m. This amount represented the cost of works undertaken by the Claimant, additional expenses incurred, compensation for damage suffered as a result of termination of contract, unlawful deductions made from the Claimant’s payments, payments the Claimant made to the Consultant and Subcontractors, interest, and compensation for loss and damage. </span></p>\r\n<p class=\"p1\">The Defendant filed a counterclaim to reserve his right to claim compensation for damages suffered.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Court of First Instance</strong></span></p>\r\n<p class=\"p1\">The Court of First Instance appointed an expert committee for a specific mandate. After receiving the expert report, the Court of First Instance dismissed the main action on the basis of it being premature and dismissed the counterclaim.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Court of Appeal </strong></span></p>\r\n<p class=\"p1\">The Claimant appealed in Appeal No. 867-2012, as did the Defendant in Appeal No. 891-2012. The Court of Appeal appointed a tripartite expert committee for a specific mandate.</p>\r\n<p class=\"p1\">After receiving the expert committee’s report, the Court of Appeal upheld the Court of First Instance decision. The Court of Cassation overturned the Court of Appeal’s ruling and sent the matter back for consideration by a differently constituted panel. The Court of Appeal (on remand) then quashed the Court of First Instance Decision with respect to the decision made on the main action (to dismiss the case as being premature) with remand to the Court of First Instance for further consideration.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Court of Cassation </strong></span></p>\r\n<p class=\"p1\">The Claimant appealed in Commercial Appeal No. 424-2015, as did the Defendant in Commercial Appeal No. 483-2015 and, after joining the two appeals, the Court of Cassation, on 24 November 2015, dismissed the Defendant’s appeal. With respect to the Claimant’s appeal, the Court of Cassation overturned the Court of Appeal’s ruling and quashed the Court of First Instance decision and ordered the Defendant to pay the Claimant a sum of AED 72m.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Omission Application</strong></span></p>\r\n<p class=\"p1\">The Claimant filed an application stating that the Court of Cassation omitted to award the Applicant certain substantive relief in Cassation Appeal No. 424-2015, namely 12% interest on the sum awarded (AED 72m) from the date of withdrawal of the project and liquidation of the bonds until satisfaction had been made. The application further stated that the Court of Cassation omitted to award costs, bank interest and penalties arising from the liquidation of the bonds from the date of liquidation until satisfaction had been made, which, at the date of filing the Cassation Appeal stood at AED 15m. The application further noted that the Court of Cassation omitted to award AED 5.5m as moral damages in connection with the liquidation of the bonds.</p>\r\n<p class=\"p1\">The Defendant argued that the Claimant had forfeited its right to file the omission application by proceeding to enforce the ruling.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Court of Cassation’s Decision </strong></span></p>\r\n<p class=\"p1\">The Court of Cassation held that:</p>\r\n\r\n<ul>\r\n 	<li>The Defendant’s arguments were not well founded. An omission application is not subject to any of the statutory time limits for appeal and can be availed at any time. Omission means the claim for relief remains pending before the court. Acceptance which would bar an appeal must conclusively denote acquiescence to the ruling and waiver of the right of appeal. While acceptance barring appeal may be implicit, it must be conveyed by an act or step that plainly denotes acquiescence and the intent to waive the right of appeal beyond doubt or the possibility of interpretation. The Claimant’s acceptance of the partial judgment by proceeding to enforce the ruling made in its favor does not of itself indicate its acquiescence to the ruling and waiver of the requests for relief on which the Court of Cassation made no ruling. Since the record is devoid of any indication that the Claimant has explicitly or implicitly accepted the Court’s omission of certain requests for relief, the plea is baseless.</li>\r\n 	<li>Article 139 of the Civil Procedure Law states: “<em>If the court omits to determine part of the substantive relief, it shall, upon request by a concerned party, consider and determine such relief after giving notice to the other side. The ruling shall be subject to the rules of appellate procedure which apply to the original ruling</em>”. The essence of this provision is that, for Article 139 to apply, the court must have, through its own mistake or inadvertence, completely omitted to determine a request for substantive relief so as to cause the request to remain undecided (by an explicit or implicit ruling) and pending before the court. The court that failed to decide the request will be competent to decide the application to rule on the substantive relief that was overlooked. Such court may be a court of first instance, a court of appeal or a court of cassation. In the latter case, the rules of (cassation) appellate procedure shall be followed when filing the application before the Court of Cassation. Furthermore, the overlooked relief must be substantive relief to which a right had been clearly and conclusively asserted before the court, either in the statement of claim or as an incidental claim. It is also necessary that the request for relief remain pending before the court until the issuance of a final ruling concluding the whole controversy since it is the final prayer for relief that must be taken into account.</li>\r\n 	<li>In this case the Claimant did not clearly and conclusively assert, among the substantive relief sought at first instance, a right to costs, bank interest and penalties arising from the liquidation of the bonds from the date of liquidation until satisfaction has been made. Nor did the Claimant assert a right to recover moral damages in connection with the liquidation of the bonds. Moreover, the statement of appeal the Claimant filed in Appeal No. 867-2012 and the brief detailing its grounds for appeal did not include those two requests for relief. Accordingly, the Court of Cassation cannot be said to have omitted to rule on them, regardless of the Claimant’s assertion in the statement of claim that the Defendant should be ordered to pay all the interest up to 31 December 2010. This request does not of itself conclusively indicate a request that the Defendant pay the costs and bank interest and penalties in connection with the liquidation of the bonds, particularly given that the amount in question is described in the statement of claim as being bank interest the Claimant received from banks to execute the contract works.</li>\r\n 	<li>As for omitting to rule on the claim for arrears interest on the sum awarded, Articles 76, 88, 90 of the Commercial Transactions Law confirm that if a commercial obligation involves a sum of money of known value at the time the obligation arose and the debtor delays payment of it, the creditor shall be entitled to claim interest on the debt at the rate stated in the contract, up to a maximum of 12% interest, or, if no interest rate was agreed in the contract, at the market rate prevailing at the time of the transaction. Under Article 6(8) of the Commercial Transactions Law, property-related activities for which the contractor undertakes to supply materials or manpower are considered commercial activities if practiced as a profession. Therefore, arrears interest on debt arising from the practice of such activities accrues from the due date pursuant to Article 90 of this law, if claimed by the contractor. The Claimant’s final brief includes a claim for 12% interest on the claim amount from 31 December 2010 until the actual payment date. The Applicant maintained this claim until the date of issue of the ruling which concluded the controversy. The Court of Cassation ordered the Defendant pay a sum of AED 72m representing payments due to the Claimant under a contract for property-related work which does not state a rate of interest on arrears. Since the Claimant has not furnished proof of the market interest rate prevailing at the due date of the payments being claimed, the Court assess interest at 5% per annum on the judgment amount of AED 72,229,409 from the date of termination of the contract until satisfaction has been made.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"p6\"><span class=\"s3\">As a result of the Omission Application, the Defendant was ordered to pay the Claimant approximately AED 18m in addition to the amount of the previous ruling. </span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Comment</strong></span></p>\r\n<p class=\"p1\">This judgment highlights that in the event of an omission, it is always the claimant’s right to make an omission application and it is never too late for the Court of Cassation to look into the merits of a case if a request was overlooked (provided the Court of First Instance had previously reviewed the case). The case also highlights the importance of properly pleading a case – although the Court acknowledged that the Claimant was entitled to claim interest, it only awarded interest from 31 December 2010 because the Claimant had neglected to claim for interest that had accrued prior to this date when filing its claim.</p>'),
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(101819, 5533, '_yoast_wpseo_metadesc', 'As the quickest and safest way to transport the cargo around the world, containers are undoubtedly the principal industry in transportation. As such, shipping carriers rely on the profits realised from the container handling services they provide.'),
(101820, 5534, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\">Several banks operating in Egypt are currently introducing mobile banking applications with the desire to benefit from the widespread present use of technological tools such as smart phones and social media platforms. Such electronic mobile payment systems are expected to increase the competition among banks to offer applications which meet consumers’ needs. Egyptian laws do not currently provide specific regulations regarding the complex new electronic identity verification methods and solutions (eg. fingerprints and facial recognition solutions). Nevertheless, mobile payment services and processes are generally regulated by circulars issued by the Central Bank of Egypt (the “CBE”) that will apply indirectly to all queries regarding electronic mobile payments and identity verification solutions. This article will shed light on the most important compliance obligations to be followed by such solutions service providers.</p>\r\n<p class=\"p2\"><strong>Mobile Payments Subject to General System Security and Data Protection Obligations </strong></p>\r\n<p class=\"p2\">The board of Directors of the CBE issued a Decision dated 2 February 2010 providing for the regulations regarding the operation of mobile payment services in Egypt (the “Decision”). The Decision requires the issuing bank to ensure proper identification of the system’s customers and proper authorisation to access the system.</p>\r\n<p class=\"p1\">Additionally, pursuant to the Decision dated 14 April 2011 issued by the Anti-Money Laundering Unit, the issuing bank must ensure that electronic payments comply with Anti-Money Laundering Authority measures for proper identification of customers and service providers. A list of necessary documents and information is required to be submitted by each customer. The issuing bank should establish policies and procedures to protect the system’s security in addition to protecting the integrity and confidentiality of the customers’ data as per Article 100 of the Banking Law (Law No. 88 of 2003) which regulates the confidentiality of client and account information.</p>\r\n<p class=\"p1\">Consistent with this, if the bank has direct or indirect access to its customers’, clients’, suppliers’ or distributors’ account information and banking details, it must maintain the strict confidentiality of the same and refrain from any disclosure or transfer of such information. Therefore, any mobile payment service provider must ensure it has customer approval for such transfer of data before undertaking its function.</p>\r\n<p class=\"p2\"><strong>Addressing the Absence of Regulatory Compliance Obligations </strong></p>\r\n<p class=\"p2\">As mentioned above, there are no specific regulations regarding such mobile payment service providers. However, electronic signatures and electronic documents are legally recognised by the Organisation of E-Signatures and establishment of the Information Technology Industry Development Agency Law issued by Law No. 14 of 2005, hereinafter referred to as the “E-Signature Law” and its Executive Regulations issued by the Ministerial Decision No. 109 of 2005 (the “Executive Regulations”). In fact, Articles 14 and 15 of the E- Signature Law state that, within the scope of civil, commercial and administrative transactions, E-signatures, E-documents and electronically written messages shall have the same force and determinative effect that signatures, documents and official / unofficial messages have under the provisions of the Evidence Law in Civil and Commercial matters (Law No. 25 of 1968). Moreover, Article 1 of the E-Signature Law defines ‘Electronic Writing’ as ’all the letters, digits, symbols or any other signs on an electronic, digital, photographic support or any other similar means that gives perceptible indication’ and defines an E-signature as ‘an electronically written message in the form of letters, digits, codes, signals or others and has a unique identity that identifies the signer and uniquely distinguishes him/her from others’. Such a broad definition may encompass mobile payment service providers. Therefore, these electronic authentication methods would be considered legal and applicable in Egypt.</p>\r\n<p class=\"p1\">Having said that, the Decision provides that the issuing bank and the service provider must ensure the highest security standards of encryption and authentication of originator identity. Additionally, a double authentication access process must be in place, using phone numbers and PIN to originate a payment instruction. It is to be noted that the Decision stipulates that PINs must satisfy certain requirements. For example, PINs must be composed of a minimum of 4 digits (preferably 6) and must not appear as readable text on any system computer during the process. The Decision also provides that when a payment system is accessed by internet through web protocols from a mobile phone and the phone number cannot be verified, the identity verification must include a name and a password of not less than 8 digits in addition to the PIN of the service.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Security Requirements </strong></span></p>\r\n<p class=\"p4\"><span class=\"s3\">Even though the CBE did not yet issue yet a regulation regarding the mobile payment service providers, the Decision issued by the Executive Director of the Anti-Money Laundering Unit dated 14 April 2011 provides that a periodical risk analysis of the system should be undertaken, including conducting penetration tests and ethical hacking to ensure the strength of the system. Additionally, according to this Decision and the CBE’s regulations, the IT structure operating the mobile and internet banking must include firewalls, intruder detection systems, data file and system integrity checking, as well as surveillance and incident response procedures.</span></p>\r\n<p class=\"p1\">Strict procedures should also be applied for the physical security of access to programmes, networks, and any equipment operating mobile payment solutions. Strict protection of system encoding keys should be ensured.</p>\r\n<p class=\"p1\">It is to be noted that the CBE is entitled to supervise any part of the system to make sure it complies with its measures and specifications.</p>\r\n<p class=\"p2\"><strong>Consumer Protection Obligations</strong></p>\r\n<p class=\"p4\"><span class=\"s3\">According to CBE regulations, mobile payment service providers must set up maximum limits for daily and monthly withdrawal operations. This will depend on the amount of risk related to the service and the risk management reports submitted by the Bank related to the service. </span></p>\r\n<p class=\"p1\">In the event of disputed transactions or system customer complaints, the dispute resolution must be subject to fixed rules announced to the customers. These rules must be stated in the agreement entered into between the customer and the bank. This agreement shall stipulate the customer’s responsibilities to keep his pin code secure and to immediately report the loss of his mobile phone as well as the reimbursement conditions, if any, and any service charges or fees. A form of these conditions must also be published on the bank’s website.</p>\r\n<p class=\"p3\"><span class=\"s1\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p4\">At present, the Egyptian government has a policy at a national level of encouraging electronic payments to increase efficiency and transparency. The financial significance of this was marked on 3 March 2015 by the announcement of a partnership between Egypt and MasterCard to extend e-financial services to 54 million Egyptians. Part of this development will be by rolling out a digital ID program that links Egyptian citizens’ national ID to the existing national mobile money platform.</p>\r\n<p class=\"p1\">The CBE regulations need to be amended and updated in order to face the emergence of e-financing in Egypt. Whilst the E-signature Law does cover mobile payment service providers, legislation specifically tackling electronic banking and financial operations is needed and should be brought forward. Such legislation should also prevent and protect electronic payments customers from technical issues, the absence of regulation hitherto having been bridged by some of the CBE’s circulars and data protection provisions.</p>'),
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(101775, 5531, 'content_description', 'Positive discrimination is institutionalised in employment in the Kingdom of Saudi Arabia, as it is in all of the GCC states. However, as the most populous of the Gulf states and with more than half of its population under the age of 25, an educated but underutilised female workforce, and a private sector dominated by expatriate workers, Saudi Arabia faces a unique set of problems in maintaining a competitive economy and workforce in the face of the plummeted oil price. '),
(101776, 5531, '_content_description', 'field_59b641c07f473'),
(101777, 5531, 'pageSummary', 'Positive discrimination is institutionalised in employment in the Kingdom of Saudi Arabia, as it is in all of the GCC states. However, as the most populous of the Gulf states and with more than half of its population under the age of 25, an educated but underutilised female workforce, and a private sector dominated by expatriate workers, Saudi Arabia faces a unique set of problems in maintaining a competitive economy and workforce in the face of the plummeted oil price.'),
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(101785, 5531, '_yoast_wpseo_metadesc', 'The Saudi government is seeking to unleash the potential of its national workforce with a raft of positive discrimination measures to increase the number of Saudi nationals employed in the private sector and legislation to prohibit discrimination of disabled workers. What are these measures?'),
(211784, 5523, '_edit_last', '1'),
(101786, 5532, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\">In a recent judgment, the court of first instance in Qatar ordered the borrower (or, the defendant) to specifically perform their contractual obligation under a facility agreement by depositing with the lending bank (the lender) a specific amount as a guarantee against the facility given by the lender. The court also imposed a daily fine of QAR 5,000 (approximately $1, 370) against the borrower until the borrower deposits the agreed sum upon guarantee with the lender. The lender was an international bank represented by Al Tamimi &amp; Company.</p>\r\n<p class=\"p1\"><span class=\"s1\"> The facility agreement concluded between the lender and the borrower included a clause obliging the borrower, at any time upon the lender’s request, to guarantee the facility amount by placing a deposit with the lender in the same amount as the facility. In 2013, the lender requested the borrower to provide a deposit amounting to 100% of the amount provided under the facility. The borrower agreed by signing an undertaking to this effect. The borrower’s beneficiary requested the lender to encash the facility or extend its duration. Before extending the facility, the lender requested the borrower to pay the amount of the undertaking. </span></p>\r\n<p class=\"p1\">However, the borrower failed to adhere to its undertaking and did not deposit the amount.</p>\r\n<p class=\"p1\">The lender filed a claim against the borrower requesting: (i) specific performance; (ii) a fine until the amount is paid; and (iii) compensation for delay in the borrower’s performance of its obligations. The court upheld the lender’s requests except for the compensation.</p>\r\n<p class=\"p1\">The court reconfirmed the principle set out in article 171 (1) of the Qatari Civil Code. This provides that the contract is the law of the parties that cannot be altered or amended except by the parties’ mutual agreement or as provided for in the law.</p>\r\n<p class=\"p1\">In levying the fine, the court referred to article 255 (1) of the Qatari Civil Code which entitles the court to impose a fine where the obligation cannot be performed by someone other than the obligor (the borrower in this case).</p>\r\n<p class=\"p1\">The outcome of this judgment should give some level of confidence to the lending banks in Qatar that banks can enforce the provisions in the facility agreements, provided the provisions do not contravene public policy or mandatory provisions of Qatari laws. It should also encourage borrowers to perform their obligations in due course to avoid the application of fines.</p>\r\n<p class=\"p1\"><em>This article was first published in the November 2016 edition of International Financial Law Review magazine.</em></p>'),
(158607, 5532, 'core_values', ''),
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(101790, 5532, 'content_description', 'It is common for courts to order one of the parties in a facility agreement to specifically perform their obligations under the facility. However, it is rare for courts to impose daily fines until the breaching party performs their obligations.\r\n'),
(101791, 5532, '_content_description', 'field_59b641c07f473'),
(101792, 5532, 'pageSummary', 'It is common for courts to order one of the parties in a facility agreement to specifically perform their obligations under the facility. However, it is rare for courts to impose daily fines until the breaching party performs their obligations.'),
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(101794, 5532, 'currentURL', 'http://www.tamimi.com/en/magazine/law-update/section-14/november-7/the-enforceability-of-bank-facility-agreements-in-qatar.html'),
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(101798, 5532, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail', 's.maleh@tamimi.com'),
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(101800, 5532, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation', 'Doha, Qatar'),
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(101804, 5532, '_yoast_wpseo_metadesc', 'It is common for courts to order one of the parties in a facility agreement to specifically perform their obligations under the facility. However, it is rare for courts to impose daily fines until the breaching party performs their obligations.'),
(101805, 5533, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\">All shipping lines have contracts of carriage, called ‘Bills of Lading’ which govern the relation between the shipper, carrier, and the consignee. Due to the fact that in some cases neither the shipper nor the consignee complies with their obligations to provide the shipping carrier with the containers back empty, a specific condition concerning ‘demurrage’ applies to the merchant (shipper/consignee) who will be charged due to his direct fault or negligence if he fails to give containers back empty to the carrier, since such malpractice can cause enormous losses to the carrier who will be unable to make use of his containers.</p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>The Essential Role of the Bill of Lading </strong></span></p>\r\n<p class=\"p1\">Legal precedents and jurists agree that the Bill of Lading is the contract of carriage which documents the obligations between the shipper, the carrier and the consignee, as well as the document upon which the port and the customs authorities refer to for cargo inspections if needed.</p>\r\n<p class=\"p1\"><span class=\"s3\"> If a dispute arises on the occasion of the transportation of goods by the sea, the information and the conditions of the Bill of Lading shall apply to all the parties to the contract and shall determine the responsibility and the liability of the parties arising in this issue.</span></p>\r\n<p class=\"p1\">According to the Kuwaiti Maritime Trade Law, Law No. 28 for the year 1980 (the “Maritime Law”), the Bill of Lading shall be made in writing and has three important roles between the carrier, the consignee and in respect of third parties;</p>\r\n\r\n<ul>\r\n 	<li>to prove the shipment’s contents;</li>\r\n 	<li>to prove the transportation; and</li>\r\n 	<li>to represent the goods as a proof in establishment of the information therein.</li>\r\n</ul>\r\n<p class=\"p6\">The shipping carrier issues the Bill of Lading upon the shipper’s request and in accordance with the information provided to him from the shipper, which is stated in the Shipping Order. When the consignee submits the original of the Bill of Lading to the shipping carrier or his agent, it obtains the Delivery Order, which enables it to start the customs procedures to deliver the cargo.</p>\r\n<p class=\"p1\"><span class=\"s4\"> Furthermore, Kuwait ratified the Brussels Treaty of 1924 for the Unification of Certain special rules relating to Bills of Lading (“the Hague Rules”). Consequently, the Hague Rules are applicable as part of Kuwaiti law to be applied to maritime cargo disputes.</span></p>\r\n<p class=\"p2\"><strong>The Responsibility of the Shipper to Pay Demurrage </strong></p>\r\n<p class=\"p2\">The shipper is the party who starts the transportation process by the submission of the Shipping Order to the carrier for transport of the consignments to a determined destination. According to article 176 of the Maritime Law, the carrier issues a Bill of Lading based upon the information provided by the shipper, including the consignee’s details. However, in some cases, the shipper is entitled to pay the demurrage stipulated by the shipping line when the consignee does not appears at the port of discharge .</p>\r\n<p class=\"p1\">The transfer process is based on the shipper’s Shipping Order, as above mentioned, and in accordance with article 179(2) of the Maritime Law, which stipulates that:</p>\r\n<p class=\"p1\">‘<em>The shipper shall be responsible before the carrier for compensation of detriment resulting from inaccuracy of the submitted information in respect of commodities. The carrier, may not adhere to inaccuracy of the information stated in the bill of lading before anyone other than the shipper</em>”.</p>\r\n<p class=\"p1\">Also, article 4.3 of the Hague Rules stipulates that ‘<em>The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants</em>’.</p>\r\n<p class=\"p1\">Consequently, the shipper is liable to compensate the carrier for damages flowing from his (or his agent’s) fault or negligence, or from the lack of consignment information provided by the shipper. According to the same principle, the shipper will also be responsible for the information related to the consignee at the port of discharge, as the original consignment/consignee/destination information was provided by the shipper. Consequently, the shipper shall be responsible for the payment of the demurrage to the carrier (as mentioned in the Bill of Lading) when the consignee nominated in the Shipping Order does not turn up to receive the consignment.</p>\r\n<p class=\"p2\"><strong>The Responsibility of the Consignee to Pay the Demurrage</strong><strong> </strong></p>\r\n<p class=\"p1\"><span class=\"s3\">The consignee is normally the party responsible for following the procedures required to receive the cargo from the shipping carrier or his agents. However, in some cases when the consignee accepts the consignments and obtains the Delivery Order from the carrier/carrier’s agents, the consignee may delay in returning the containers back empty to the carrier, or suddenly stop the customs procedures and leave the consignments inside the container without continuing the procedures required to deliver the cargo. Both actions change the nature of the container from valuable equipment in the transport operation into just storage for the consignee’s cargo, which may cause huge losses to the shipping carrier.</span></p>\r\n<p class=\"p1\">Article 175(2) of the Maritime Law has sought to counteract such indecent actions, by declaring that the consignee (who committed to the terms of the Bill of Lading as owner of the consignments) shall be obliged by the conditions of the Bill of Lading once the consignee attends to the carrier holding the Bill of Lading. This concept has been clearly stated in the commentary on article 175(2) in the explanatory memorandum to the Maritime Law, which states that the consignee shall bear the obligations arising from the contract of carriage, whether this was accepted explicitly or implicitly.</p>\r\n<p class=\"p1\"><span class=\"s5\"> According to the conditions mentioned in the Bill of Lading, the consignee shall be responsible for the payment of the demurrage to the carrier once he delivers the Delivery Order to the carrier/ carrier’s agents. Whether the fault is the delay in returning the containers back empty or whether it is in the procedure of delivering the cargo from the containers not being completed, once the consignee attends to the carrier/carrier’s agent holding the Bill of Lading it will be considered as acceptance to the conditions and the obligations under the Bill of Lading.</span></p>\r\n<p class=\"p3\"><span class=\"s2\"><strong>Legal Recommendations</strong></span></p>\r\n<p class=\"p1\"><span class=\"s4\">In addition to relying on the demurrage condition on the back page of the Bill of Lading or on advertising the same on the carrier’s website, it is recommended to also clearly mention this clause on the front page of the Bill of Lading whereby the merchant will be liable for the demurrage and the precise charges and calculations should be stated. This will be clearer evidence before a court of the carrier’s right to collect the demurrage from the merchant and of its exact amount and will also minimise the documents submitted before the court which may help to save time in obtaining judgment.</span></p>'),
(158641, 5533, 'core_values', ''),
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(158643, 5533, 'file', ''),
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(101765, 5530, '_currentURL', 'field_59d35123ab1e7'),
(101766, 5530, 'lawUpdateArticleWriters_0_lawUpdateArticleWriter', '884'),
(101767, 5530, '_lawUpdateArticleWriters_0_lawUpdateArticleWriter', 'field_59da2ac06b065'),
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(101770, 5530, '_yoast_wpseo_metadesc', 'The KSA Ministry has introduced a number of substantial procedural changes related to trademark oppositions coupled with significant increases in the official fees for trademark registration related matters.'),
(101771, 5531, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>Introduction</strong></p>\r\n<p class=\"p2\">The Saudi government is under a tremendous amount of pressure which is unprecedented in its remarkable recent history. In an age of austerity with the days of oil prices commanding upwards of $150 per barrel long gone, Saudi Arabia is grappling with a new reality and vision for its future. The National Transformation Plan and Vision 2030 are the buzz words for an ambitious programme that seeks to marshal all of the Kingdom’s resources to steer it away from its dependency on its most significant asset. To be successful, Saudi Arabia is looking for its minority workers in the private sector to step up to the fore and be counted in increasing numbers.</p>\r\n<p class=\"p2\"><strong>Who are the Minorities?</strong></p>\r\n<p class=\"p2\">In spite of the fact that expatriates comprise roughly one third of the country’s total population, they nevertheless significantly outnumber Saudi nationals working in the private sector. The vast number of jobs outside of the public sector are low skilled and poorly paid and do not match the expectations of most Saudis; yet performance of these roles remain vital to a proper functioning economy. At the other end of the spectrum, an ambitious and eager Saudi female graduate base is effectively locked out of the jobs market largely as a consequence of a society that draws its identity and social mores from a conservative branch of Islam. There is also a sizeable minority of disabled citizens who the government is keen to take up employment in the private sector.</p>\r\n<p class=\"p1\">The Saudi government is seeking to unleash the potential of its national workforce with a raft of positive discrimination measures to increase the number of Saudi nationals employed in the private sector and legislation to prohibit discrimination of disabled workers. These measures are discussed below.</p>\r\n<p class=\"p2\"><strong>Positively Saudi</strong></p>\r\n<p class=\"p2\">The Saudi Labour Law issued by Royal Decree No. M/51 dated 23 Sha’ban 1426 (the “Labour Law”) positively discriminates in favour of Saudi nationals in that it requires “all firms in all fields, and regardless of number of workers, shall work to attract and employ Saudis, provide conditions to keep them on the job and avail them of an opportunity to prove their suitability for the job by guiding, training and qualifying them for their assigned jobs” (Article 26(1)). Further, Article 26(2) stipulates that the percentage of Saudi workers employed shall not be less than 75 per cent of the total workforce of the employer. This requirement has been diluted by successive iterations of the government’s Saudisation programme and by its recent incarnation, <em>Nitaqat</em>, which means ‘ranges’ in Arabic and assigns percentage quotas for employers based on the economic activity they perform and their size in terms of employee numbers. Employers who comply with or exceed the quotas are placed in the ‘Green’ and ‘Platinum’ categories respectively and afforded preferential treatment in the allocation of new visa for foreign workers and renewal of existing workers. Employers who are failing or have not complied with their Saudisation quotas are placed in the ‘Yellow’ and ‘Red’ categories and are penalised through the denial of visas and licence being given to their employees to change employers without their consent and take up employment with Green or Platinum category employers. The government has taken a number of steps since unveiling its Vision 2030 plan earlier this year to improve the effectiveness of its Saudisation policies, as follows:</p>\r\n<p class=\"p2\">i. Compulsory registration with <em>Taqat</em></p>\r\n<p class=\"p2\">Article 25 of the Labour Law has always required that employers should send to the labour office a list of vacant and new jobs within 15 days of a vacancy arising or a new post being created. Additionally, Article 33 set out that the conditions for granting work permits for foreign workers including the requirement that the foreign worker possess the professional and academic qualifications which the country needs and which are not possessed by citizens or there are an insufficient number of suitably qualified citizens available to meet the needs of the employer. In the past, the Saudi authorities granted employers their request for block visas for the recruitment of foreign workers with little scrutiny; however, there is now a requirement for all employers seeking to recruit a foreign worker to justify their recruitment by first registering the vacancy with the national jobs portal called <em>Taqat</em> and thereby giving an opportunity to Saudi nationals to be appointed to the role. It is unclear as to how long the position must be kept open in <em>Taqat</em> and whether employers need to evidence that applications have been received and considered, or that Saudi candidates have been interviewed and have been found wanting, or that there have been an insufficient number of candidates. Early indications on anecdotal evidence do not suggest a curtailment in the number of visas being issued to employers.</p>\r\n<p class=\"p2\">ii. Total Saudisation</p>\r\n<p class=\"p2\">In a dramatic move designed to increase employment opportunities for Saudi nationals, the government completed its total Saudisation of the mobile phone sector in September 2016 and is considering proposals to Saudise the automobile and healthcare sectors. To what extent, if at all, these proposals come to fruition in these other sectors will likely depend on the impact of Saudisation in the mobile phone sector.</p>\r\n<p class=\"p2\">iii. Localised <em>Nitaqat</em></p>\r\n<p class=\"p2\">Due to be introduced in early December 2016, localised <em>Nitaqat</em> or ‘<em>Mausun</em>’ will seek to raise the standards of employment for Saudi nationals in terms of pay and roles available to them. Employers compliance with <em>Mausun</em> will be judged on the following criteria: 1) the number of Saudi nationals employed in the business; 2) the average salary of Saudi employees; 3) the percentage of Saudi women employees; 4) retention rates of Saudi nationals in employment; and 5) the percentage of Saudi employees in the top 25 per cent of highly paid roles in the business. Employers will be rewarded for their compliance with <em>Mausun</em> through the award of points for the number of Saudi nationals employed, the average salary paid to Saudi nationals, the number of Saudi female employees, the average retention period of Saudi employees, and the percentage of Saudi employees in the top 25 per cent of highly paid roles. As the government seeks to raise the number of Saudi nationals employed in the private sector, the medium category of employer under <em>Nitaqat</em> will also be revised into three sub-categories of 50 to 99 employees, 100 to 199 employees and 200 to 499 employees.</p>\r\n<p class=\"p2\">iv. ‘Secondment’ of Saudi nationals from the public to the private sector</p>\r\n<p class=\"p2\">The Ministry of Labour issued a decision in October 2016 permitting the employment of public sector employees on a temporary basis by private sector employers to enable the latter to boost their Saudisation quotas. The objective appears to be to incentivise the private sector to take on some of the burden of the payroll for the bloated public sector.</p>\r\n<p class=\"p2\">v. Proposal for older expatriate workers to count double</p>\r\n<p class=\"p2\">The Saudi government is currently considering introducing a change in the law to discourage the recruitment and retention of foreign workers aged 60 years or older. The proposed law would not go so far as prohibiting the employment of foreign workers aged 60 and above but would penalise the employer by having one of these workers count as two foreign workers for the purposes of Nitaqat.</p>\r\n<p class=\"p2\"><strong>Protection for the Disabled</strong></p>\r\n<p class=\"p2\">There is no specific law in Saudi Arabia against discrimination in the workplace. Traditionally, the principal protected category of workers was Saudi nationals; however, earlier this year disabled workers gained an elevated position with regard to protection under the law in recruitment and retention in employment through the implementation of the Executive Regulations of the Labour Law issued by Ministerial Resolution No. (1982) dated 28/6/1437 AH (the “Regulations”).</p>\r\n<p class=\"p1\"><span class=\"s2\"> Employers with 25 or more employees who can provide work that can be performed by a disabled person are already obligated by Article 28 of the Labour Law to ensure that 4 per cent of their workforce is comprised of disabled employees. The Regulations now go further and define a disabled person as someone who is suffering from one or more of the following permanent disabilities: </span></p>\r\n<p class=\"p4\"><em>‘vision/hearing/mental/physical/motion disability, learning difficulties, speech difficulties, behavioural disorders, emotional disorders, autism or any other disability requiring any form of facilitating arrangements and services.’</em></p>\r\n<p class=\"p5\">The Regulations also require employers to modify and adapt the work conditions and physical environment for their disabled staff. More significantly, the Regulations afford disabled employees the same rights and privileges as other workers. Discrimination because of disability has been made unlawful and disability may not itself be a reason for the refusal to employ or promote workers with a disability or to not allow them to benefit from vocational training programs if they have the ability to work.</p>\r\n<p class=\"p2\"><strong>Women’s Work</strong></p>\r\n<p class=\"p2\">Saudi women have remained on the periphery of the national workforce for a long period of time, not helped by a deeply conservative society which seeks to segregate the sexes both in and outside of the workplace, and a unique ban on driving. An inaccessible workplace and a paucity of real job opportunities have limited the impact of women workers in the economy. However, the government cannot continue to neglect a growing and significant national resource in women workers who are graduating in increasing numbers from its universities and, in doing so, are challenging the social norm and perceived wisdom regarding their role in the wider society. The government is seeking through Vision 2030 to increase female participation to 30 per cent of the workforce.</p>\r\n<p class=\"p1\">To encourage Saudi women into employment in the private sector, the government took the step last year to amend the Labour Law and increase maternity leave entitlements and to make them more flexible. The law was also amended to increase entitlement to bereavement leave to the full Iddah period of 4 months and 10 days for Muslim female employees. Since then, the government has flirted again with telecommuting work for women to overcome transportation issues and has sought to encourage women only mobile phone retail outlets. Beyond this, the government has shown little initiative to progress greater participation of women in the workplace.</p>\r\n<p class=\"p1\"><strong>Conclusion</strong></p>\r\n<p class=\"p2\">If the Saudi government is to realise its plan and vision to transform the economy and diversify it away from oil dependency then it will need a vibrant private sector that does not feel burdened or restricted by the employment of Saudi nationals. Where the Saudisation measures inhibit the private sector from recruiting the best qualified candidates then this will always create tension between the needs of the business and the cost of employing Saudi nationals. Until the national workforce is able to compete on its own merits with expatriates, the Saudi economy will continue to depend on foreign labour much as it is likely to continue to depend on oil for the foreseeable future.</p>'),
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(101760, 5530, 'content_description', 'Following the Saudi Arabia Ministry of Commerce and Industry (Ministry) Decree approving the Implementing Regulations of the GCC Trademark Law, the Ministry has introduced a number of substantial procedural changes related to trademark oppositions coupled with significant increases in the official fees for trademark registration related matters.');
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(101741, 5529, 'content_description', 'Obtaining access to social media has never been easier than it is today. Who doesn’t have an account on Facebook, Twitter, Snapchat, Instagram or WhatsApp? I believe the answer would be “no one.” Many of us have expressed our own opinions through Facebook or Twitter and, unfortunately, have also experienced someone defaming us personally. '),
(101742, 5529, '_content_description', 'field_59b641c07f473'),
(101743, 5529, 'pageSummary', 'Obtaining access to social media has never been easier than it is today. Who doesn’t have an account on Facebook, Twitter, Snapchat, Instagram or WhatsApp? I believe the answer would be “no one.” Many of us have expressed our own opinions through Facebook or Twitter and, unfortunately, have also experienced someone defaming us personally.'),
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(101745, 5529, 'currentURL', 'http://www.tamimi.com/en/magazine/law-update/section-14/november-7/cyber-crimes-committed-by-social-media-users-in-saudi-arabia.html'),
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(101755, 5529, '_yoast_wpseo_metadesc', 'Al Tamimi & Company address the cyber crimes that may be committed by using social media as well as the penalties for each of these crimes in accordance with the Saudi Anti-Cyber Crime Law.'),
(101756, 5530, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\"><strong>Trademark Opposition</strong></p>\r\n<p class=\"p2\">The main changes in the opposition process are as follows:</p>\r\n\r\n<ul>\r\n 	<li>The opposition period has been modified. The period within which an interested third party can submit an opposition against the registration of a published trademark will be set as 60 days from the date of publication, instead of the existing 90 days from the date of publication. This change is based on Article 12 of the Implementing Regulations, bringing the procedure more in line with international standards. An extension of the above time period will not be possible.</li>\r\n 	<li>The opposition will be an administrative procedure. Under the new system, an opposition will no longer be a legal proceeding; rather it will be an administrative procedure. Previously, the opposition was to be handled only by the Board of Grievances (BOG) or the Court of First Instance. Pursuant to the new regulations, oppositions will be handled by a newly-established Trademark Board which is an administrative body under the Ministry.</li>\r\n 	<li>Pursuant to Articles 12 and 13 of the Implementing Regulations, the Trademark Board will notify the trademark applicant of the opposition within 30 days from the date of filing of the opposition. Thereafter, the applicant has to submit a written counter statement to the opposition within 60 days from the date of notification. The period for filing a counter statement is non-extendable. The Trademark Board will then schedule a hearing for submission of oral arguments and documentary evidence by both the opponent and the applicant. The Trademark Board will then issue a decision on the opposition within 90 days from the date of hearing.</li>\r\n</ul>\r\n<p class=\"p2\"><strong>The Official Fees Increase</strong></p>\r\n<p class=\"p2\">The Ministerial Decree has also announced an increase in the official fee for registration of trademarks in the Kingdom.</p>\r\n<p class=\"p1\">It is understood that the fees increase will apply to official fees for registration as well as renewal of trademarks. The official fees for filing the application, publication of the mark and availability searches will remain unchanged. The trademark registration in Saudi Arabia is already an expensive affair and with the current increase of the official registration as well the renewal fees to almost double will no doubt make it more expensive.</p>\r\n<p class=\"p2\"><strong>Details Of Increase</strong></p>\r\n<p class=\"p1\">The increased official fees came into effect as of 1 October, 2016. It is remain to be seen if the increased fees will be applied to the existing applications which were filed prior to the effective date of increase or the issuance of the Ministerial Decree.</p>\r\n\r\n<table class=\"t1\" cellspacing=\"0\" cellpadding=\"0\">\r\n<tbody>\r\n<tr>\r\n<td class=\"td1\" valign=\"middle\">Action</td>\r\n<td class=\"td2\" valign=\"middle\"><span class=\"s1\"><strong>Current Fees</strong></span></td>\r\n<td class=\"td2\" valign=\"middle\"><span class=\"s1\"><strong>New Fees</strong></span></td>\r\n</tr>\r\n<tr>\r\n<td class=\"td3\" valign=\"top\"></td>\r\n<td class=\"td3\" valign=\"top\"><span class=\"s1\"><strong>SAR</strong></span></td>\r\n<td class=\"td3\" valign=\"top\"><span class=\"s1\"><strong>USD</strong></span></td>\r\n<td class=\"td3\" valign=\"top\"><span class=\"s1\"><strong>SAR</strong></span></td>\r\n<td class=\"td3\" valign=\"top\"><span class=\"s1\"><strong>USD</strong></span></td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Registration Fee</td>\r\n<td class=\"td4\" valign=\"top\">3,000</td>\r\n<td class=\"td4\" valign=\"top\">822</td>\r\n<td class=\"td4\" valign=\"top\">5,000</td>\r\n<td class=\"td4\" valign=\"top\">1,370</td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Renewal Fee</td>\r\n<td class=\"td4\" valign=\"top\">3,000</td>\r\n<td class=\"td4\" valign=\"top\">822</td>\r\n<td class=\"td4\" valign=\"top\">5,500</td>\r\n<td class=\"td4\" valign=\"top\">1,467</td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Filing appeal before Trademark Board</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">1,000</td>\r\n<td class=\"td4\" valign=\"top\">274</td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Filing opposition before Trademark Board against published TM</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">2,000</td>\r\n<td class=\"td4\" valign=\"top\">548</td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Request to assign a hearing</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">-</td>\r\n<td class=\"td4\" valign=\"top\">1,000</td>\r\n<td class=\"td4\" valign=\"top\">274</td>\r\n</tr>\r\n<tr>\r\n<td class=\"td4\" valign=\"top\">Recordal of license agreement</td>\r\n<td class=\"td4\" valign=\"top\">1,000</td>\r\n<td class=\"td4\" valign=\"top\">274</td>\r\n<td class=\"td4\" valign=\"top\">2,000</td>\r\n<td class=\"td4\" valign=\"top\">548</td>\r\n</tr>\r\n</tbody>\r\n</table>'),
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(101722, 5528, 'content_description', 'In Qatar, there are no specific laws or regulations concerning the importation, distribution, or advertisement of cosmetic products. There are, however, general guidelines partially available from the Ministry of Public Health. '),
(101723, 5528, '_content_description', 'field_59b641c07f473'),
(101724, 5528, 'pageSummary', 'In Qatar, there are no specific laws or regulations concerning the importation, distribution, or advertisement of cosmetic products. There are, however, general guidelines partially available from the Ministry of Public Health.'),
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(101726, 5528, 'currentURL', 'http://www.tamimi.com/en/magazine/law-update/section-14/november-7/treating-cosmetics-as-pharmaceuticals-in-qatar-time-for-a-makeover.html'),
(101727, 5528, '_currentURL', 'field_59d35123ab1e7'),
(101728, 5528, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorName', 'Seem Maleh'),
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(101730, 5528, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail', 's.maleh@tamimi.com'),
(101731, 5528, '_lawUpdateArticleNoWriters_0_lawUpdateAuthorEmail', 'field_59e59afcd15de'),
(101732, 5528, 'lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation', 'Doha, Qatar'),
(101733, 5528, '_lawUpdateArticleNoWriters_0_lawUpdateAuthorLocation', 'field_59e59b05d15df'),
(101734, 5528, 'lawUpdateArticleNoWriters', '1'),
(101735, 5528, '_lawUpdateArticleNoWriters', 'field_59e59aaed15dc'),
(101736, 5528, '_yoast_wpseo_metadesc', 'In Qatar, there are no specific laws or regulations concerning the importation, distribution, or advertisement of cosmetic products. There are, however, general guidelines partially available from the Ministry of Public Health.'),
(101737, 5529, 'content', 'November 2016\r\n\r\n<hr />\r\n<p class=\"p1\">The growth of social media has resulted in an increase in online crimes or “cyber crimes” such as blackmail, embezzlement, defamation, hacking of accounts etc...</p>\r\n<p class=\"p1\"><span class=\"s1\"> Social media users may find themselves committing so-called “cyber crimes” without knowing that they are committing a crime or that they could be jailed or fined for their actions. On the other hand, some social media users know that what they are doing constitutes illegal use of social media, but think that the authorities can’t or won’t trace them.</span></p>\r\n<p class=\"p1\"><span class=\"s2\"> There have been many reports of arrests and prosecutions of social media users (including many social media celebrities) for cyber crimes involving the use of social media. Consequently, it is important to understand the cyber crimes that most commonly land social media users in trouble and how victims and the authorities are able to take action in response to such cyber crimes when they occur.</span></p>\r\n<p class=\"p1\"><span class=\"s1\"> Cyber crime can be simply defined as ‘a crime committed by using a computer or the internet.’ Many actions may be considered a cyber crime, including gaining unauthorized access through the internet to someone else’s information or credit card data, supporting terrorist organizations or defaming someone. The Saudi Anti-Cyber Crime Law sets out all cyber crimes and their associated penalties. </span></p>\r\n<p class=\"p1\">The Saudi Anti-Cyber Crime Law aims to secure the safe exchange of data, protect the rights of users of the computers and the internet, and to protect the public interest and morals as well as people’s privacy.</p>\r\n<p class=\"p1\">We will address in this article only the cyber crimes that may be committed by using social media as well as the penalties for each of these crimes in accordance with the Saudi Anti-Cyber Crime Law.</p>\r\n<p class=\"p1\"><span class=\"s3\"> A cyber crime can occur as a main crime (e.g. by transmitting illegal content) or it may be associated with another crime (e.g. transmitting content evidencing drug procession or use). A number of cyber crimes can be committed by using social media and each of these has a penalty.</span></p>\r\n<p class=\"p1\">The following is a list of the main cyber crimes which are committed by use of social media, set out together with their associated penalties and the procedures for making a complaint. These have been grouped into three categories according to the seriousness of their associated penalties.</p>\r\n<p class=\"p2\"><strong>Group A:</strong></p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>1.   Gaining Illegal Access to a Computer to threaten or blackmail a natural or legal person to force him/ her to do or abstain from a certain action.</strong></span></p>\r\n<p class=\"p6\">There have been reports of people who have been threatened or blackmailed by someone through Twitter or WhatsApp after the perpetrator has obtained unauthorized access to the victim’s computer.</p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>2.   Defamation of a Natural or Legal Person through Social Media.</strong> </span></p>\r\n<p class=\"p6\">Many of us express our attitudes, opinions or comments on events or news. Sometimes we may agree or disagree with someone else’s opinion or thought. We may face a person who insults or defames us just because he or she disagrees with us. Defamation by social media constitutes a crime subject to penalties under the Saudi Anti-Cyber Crime Law.</p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>3.   Breaching the Privacy of a Natural Person by Taking Pictures or Recording Videos using Cell Phone. </strong></span></p>\r\n<p class=\"p6\">Privacy is protected under the Saudi Anti-Cyber Crime Law and the taking of an unauthorized picture or recording by a camera-equipped mobile ‘phone can constitute a crime under the Saudi Anti–Cyber Crime Law.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Penalties:</strong></span></p>\r\n<p class=\"p1\">Whoever commits any one of the above cyber crimes shall be punished by imprisonment for a term not exceeding one year and or a fine not exceeding SAR 500,000.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Procedure for Filing a Complaint: </strong></span></p>\r\n<p class=\"p1\">Anyone who is a victim of one of these cyber crimes and wishes to file a complaint against the perpetrator must do so by the following procedure:</p>\r\n\r\n<ul>\r\n 	<li>Report the crime at the nearest police station.</li>\r\n 	<li>The Police station shall forward the crime report to the Saudi Bureau of Investigation and Public Prosecution (BIPP) to investigate the crime.</li>\r\n 	<li>The BIPP shall investigate the identity of the suspect in cooperation with other authorities.</li>\r\n 	<li>After the suspect is identified, the BIPP will order the suspect to appear for interrogation.</li>\r\n 	<li>The BIPP will prepare a charge sheet and forward the case file to the Criminal Court.</li>\r\n 	<li>The victim can join the public prosecution’s case to demand damages or compensation.</li>\r\n</ul>\r\n<p class=\"p1\">As an aside, there has been a controversy between the Criminal Court and the Electronic and Audiovisual Publishing Disputes Committee about which tribunal has jurisdiction over this kind of case. During the course of this controversy a number of cases in the categories listed above were dismissed by the Criminal Court due to a perceived lack of jurisdiction. The Saudi Supreme Judicial Council has, however, settled this debate and has recognised that the jurisdiction in these cases belongs to the Criminal Court.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Group B: </strong></span></p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>Hacking a Social Media Account. </strong></span></p>\r\n<p class=\"p6\">There have been numerous reports of Twitter accounts and Instagram accounts being hacked with the result that the owner of the account is not able to access his or her account, sometimes losing many followers.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Penalties:</strong></span></p>\r\n<p class=\"p1\">Whoever obtains unauthorised access to a user’s account and prevents or obstructs access to it shall be punished by imprisonment for a term not exceeding four years and or a fine not exceeding SAR 3,000,000.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Procedure for Filing a Complaint: </strong></span></p>\r\n<p class=\"p1\">The procedure for filing a complaint is the same as set out above.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Group C:</strong></span></p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>Transmission, Publication or Storage of Material that is Inconsistent with Public Order or Morality, Religious Values or which Breaches the Privacy of a Natural Person. </strong></span></p>\r\n<p class=\"p6\">Social media users daily transmit, post or tweet news, pictures and videos through social media without knowing that such acts might result in imprisonment and or fines if the transmitted content is of an objectionable nature (e.g. content that violates public order or morality). In a notable case, one Snapchat celebrity was arrested for “snapping” rumours. In fact, he went beyond that and starting insulting the Saudi Government, which was held to be an offence against public order.</p>\r\n<p class=\"p6\">In another widely reported recent case, a Younow user was arrested for transmitting content to the public, which was considered to be inconsistent with public morality.</p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>Publishing Pornography. </strong></span></p>\r\n<p class=\"p6\">Pornography is forbidden in Saudi Arabia. It is a cyber crime to publish or transmit any material of a pornographic nature through social media.</p>\r\n<p class=\"p5\"><span class=\"s4\"><strong>Promotion or Facilitation of the Use or Distribution of Narcotics or Psychotropic Substances. </strong></span></p>\r\n<p class=\"p6\">Use of narcotics and psychotropic substances is itself a crime in Saudi Arabia, but using social media to promote or facilitate their use is a crime in its own right that may be prosecuted in conjunction with the main offence. There are reports from time to time of social media users being prosecuted for this cyber crime after being arrested by the anti-drug authorities. In a recent case, an individual was arrested for publishing on the internet material having the purpose of promoting and facilitating drug use.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Penalties:</strong></span></p>\r\n<p class=\"p1\">Whoever commits any of the above crimes shall be punished by imprisonment for a term not exceeding five years and or a fine not exceeding SAR 3,000,000.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Procedure for Filing a Complaint: </strong></span></p>\r\n<p class=\"p1\">Different procedures apply in relation to the cyber crimes in this last group. Only the related authorities at the Ministry of Internal Affaires may report to the BIPP a case in relation to these cyber crimes and no one can join any such case seeking damages, since the crime itself typically doesn’t affect a particular natural or legal person, but rather violates public order, morality and health.</p>\r\n<p class=\"p3\"><span class=\"s4\"><strong>Conclusion</strong></span></p>\r\n<p class=\"p1\"><span class=\"s1\">From the foregoing it is clear that social media users should take care when using social media and should be mindful at all times of their rights and obligations under the Saudi Anti-Cyber Crime Law. The social media providers have lofty goals to make life, and communions between people from different countries, cultures, and faiths, easier. We just addressed in this article the illegal use (bad behaviour of same users) of the social media.</span></p>'),
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(84086, 4586, 'content', '<strong>Background to the case</strong>\r\n\r\nThe plaintiff, who received a blank cheque from the defendant, filled in the cheque for the amount of QAR 4 million and presented the cheque at a bank, where it was returned unpaid on the basis that there were insufficient funds in the defendant’s account.\r\n\r\n<strong>The case at First Instance</strong>\r\n\r\nIn 2007, the Plaintiff filed a civil case with the Court of First Instance in Qatar; seeking payment of the amount, on the basis that the defendant’s cheque was not honoured and thus constituted a ‘bad cheque’. The defendant refuted the plaintiff’s claim, arguing that while he had signed a ‘blank’ cheque, it had not been his intention to pay the amount of QAR 4 million to the Plaintiff.\r\n\r\nIn 2008, the Court of First Instance accepted the plaintiff’s argument and rendered a judgment awarding the claimant the full amount of his claim, being QAR 4 million, on the basis that the cheque was ’bad’.\r\n\r\n<strong>Ruling of the Court of Appeal\r\n</strong>\r\n\r\nLater in 2008, the defendant brought the decision of the Court of First Instance before the Court of Appeal. But nonetheless, in a judgment delivered in 2010, the court affirmed the finding of the court of first instance.\r\n\r\n<strong>Judgment of the Court of Cassation\r\n</strong>\r\n\r\nIn June 2010, the defendant lodged a further appeal with the Court of Cassation, seeking to nullify the validity of the impugned cheque on two fronts:\r\n\r\n(i) The payment amount endorsed on the blank cheque by the plaintiff did not reflect the debt actually owed by the defendant to the plaintiff; and\r\n\r\n(ii) The plaintiff’s endorsement of the cheque for an incorrect amount constituted a fraudulent act, in respect of which the defendant had lodged a formal complaint with the police in Qatar.\r\n\r\n<strong>The Court of Cassation’s Decision\r\n</strong>\r\n\r\nThe Court of Cassation rejected the defendant’s appeal on the following grounds:\r\n\r\n(i) In principle, a cheque is a payment instrument, and any party who wishes to argue otherwise should prove his claim and support it with evidence;\r\n\r\n(ii) By endorsing a blank cheque with his signature and handing it over to the beneficiary, the drawer of the cheque has effectively granted the beneficiary unqualified authority to fill in the amount;\r\n\r\n(iii) In this instance, the defendant had given the blank cheque to the plaintiff beneficiary without any compulsion and absent duress, a fact which the defendant did not seek to refute in his pleadings; and\r\n\r\n(iv) The public prosecutor, having considered the formal complaint lodged by the defendant, did not consider that the plaintiff’s actions in this case amounted to criminal behaviour, such that would leave the latter vulnerable to prosecution.\r\n\r\nIn the light of the foregoing, the Court of Cassation upheld the judgment of the Court of Appeal and rejected the defendant’s appeal.\r\n\r\n<strong>Comment</strong>\r\n\r\n<strong> </strong>This judgment has significant implications for the day to day transactional banking practice of all individuals drawing cheques on banks in Qatar. It would appear that in considering the merits of this case, the Qatari courts were not concerned with the amount (if any) of the debt actually owed by the defendant to the plaintiff, instead choosing to treat the completion of a blank cheque as being akin to the designation to the beneficiary of a Power of Attorney, to endorse the cheque with an amount of his choosing. While this reasoning aligns with that followed by the courts in some other countries in the region, such as the UAE and Egypt, it is vastly different to the approach taken in jurisdictions such as Syria and Lebanon, where filling in a blank cheque with an amount other than that due and owing to the payee would constitute criminal activity.\r\n\r\n<strong>Please note:\r\n</strong>\r\n\r\nAl Tamimi &amp; Company did not provide legal representation to any of the parties in the course of this litigation.'),
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(84105, 4587, 'content', '<p>However, there are other grounds which can at times be used for that purpose. One of these grounds has been used recently by the Dubai Court of Cassation; the arbitrator exceeding his scope by ruling on matters of Public Policy. In this article, we highlight the aforementioned judgment and the reasoning used.</p>\r\n<p><strong>Statement of Facts<br /></strong></p>\r\n<p>A rael estate developer (&ldquo;Respondent&rdquo;) sold all their proposed property development on a plot in Dubai Waterfront to the purchaser (&ldquo;Claimant&rdquo;) through an off-the-plan contract of sale; however, the Respondent defaulted on its obligation to execute the project. The Claimant requested arbitration at DIAC, as per the agreement, and the Respondent filed a counter-claim. The Arbitrator ruled that the sale agreement was invalid because the property was not registered on the interim property register as required by Law No. 13 of 2008, and that the Respondent must refund the amount paid by the Claimant within 14 days. Pursuant to Article 215, the Claimant filed with the Court of First Instance an application to get a Court order rendering the award executable.</p>\r\n<p>The Respondent filed a counterclaim at the Court challenging the award for the following reasons:<br /><br />1)&nbsp;because it was issued without terms of reference;&nbsp;<br />2)&nbsp;the arbitrator had exceeded his authority to resolve a property dispute under Law No. 13 of 2008; and&nbsp;<br />3)&nbsp;there was a contradiction between the reasoning and the operative part of the award.</p>\r\n<p><strong>Procedural History:<br /></strong></p>\r\n<p>The Court of First Instance dismissed the counterclaim and confirmed the award. The Respondent appealed and the Court of Appeal upheld the lower court&rsquo;s decision.</p>\r\n<p>The Respondent appealed to the Court of Cassation arguing among other reasons that the arbitration clause was invalid because it did not exclude any dispute from arbitration even if it related to the invalidity of the sale agreement based on real estate registration requirements in Law 13. Thus, the arbitration clause gave the arbitrator the authority to rule on matters of Public Policy and that is a matter exclusive for the Courts.</p>\r\n<p><strong>The Court of Cassation<br /></strong></p>\r\n<p>The Court began its assessment by stressing its continued and consistent application of Article 216 of the Civil Procedure Code which does not allow for the merits of an arbitration award to be analyzed when a party seeks to confirm it. However, despite that general principle, the Court was quick to state that &ldquo;when the arbitrator has exceeded the bounds of his authority and resolved an issue relating to public policy that is outside the realm of conciliation&rdquo; the Court would intervene to correct the situation. The Court was also careful to limit the usage of a Public Policy exception by saying that absent a clear violation, there would be no justification for invoking such an exception.</p>\r\n<p>The Court referred to Article 3 of the Civil Transactions Law which lists a number of general principles considered to fall under Public Policy. In particular, the Court stated that rules pertaining to the registration of property on the property register in Dubai are provisions relating to the monetary system of the State and essentially are matters of Public Policy. Such rules could not be subject to an arbitrator&rsquo;s jurisdiction as the subject matter is not allowed to be adjudicated and ruled upon outside of the Courts.<br /><br /><strong>Conclusion of the Court<br /></strong><br />The Court concluded that since the registration of real estate at the Dubai Register is a matter related to Public Policy, that issue could not be the subject of arbitration. The Courts have the exclusive jurisdiction on those matters.<br /><strong>&nbsp;</strong></p>\r\n<p><strong>Practice Note</strong></p>\r\n<p><strong></strong>Article 215 of the Civil Transactions Code states that an arbitration award would be certified by the Court if there is no reason to reject it. Article 3 of the same Code lists very general categories as being categories of Public Policy. Combining the two articles, it is widely understood that if the award violates Public Policy, that would be a reason to reject it pursuant to Article 215. The unique element in this judgment is that the Court ruled that matters of Public Policy are not even reviewable by the arbitrator and she would lack subject matter jurisdiction in that case.</p>\r\n<p>The judgment is very clear with regards to land registration as that was the subject of the case under review. However, it is not clear how much the Courts would be willing to expand this Public Policy exception. Article 3 of the Civil Transactions Code, which the Court quoted in its decision is very wide in its scope and includes rules regulating &ldquo;individual ownership&rdquo; and &ldquo;circulation of wealth&rdquo;. The Court was careful to state very early on, as mentioned above, that only matters which clearly fall under Public Policy would give rise to this exception; however, going forward this decision must be kept in mind as a possible obstacle to an arbitration clause.</p>'),
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(94386, 5126, 'content', 'April 2015\r\n\r\n<hr />\r\n<p class=\"MsoNormal\"><strong>Application and purpose of law</strong></p>\r\n<p class=\"MsoNormal\">The Stalled Projects Law applies to real estate development projects for which units have been sold off-plan and the developer of the project (the “Developer”) has received payments towards the purchase price, and where execution of the project has ceased as of the Effective Date to the detriment to Bahrain’s national economy (a “Stalled Project”).</p>\r\n<p class=\"MsoNormal\">Resolution No. 1 of 2015 ‘Defining Stalled Projects’, which was issued on 12 February 2015, further clarifies the definition of a Stalled Project by providing that a project will be deemed to be a Stalled Project if one or more of the following circumstances apply:</p>\r\n\r\n<ul>\r\n 	<li>if it is evident that the Developer is not taking the execution of the project seriously</li>\r\n</ul>\r\n<ul>\r\n 	<li>if the Developer has not, without an acceptable excuse, commenced construction of the project despite obtaining all necessary licences and approvals</li>\r\n</ul>\r\n<ul>\r\n 	<li>if the Developer has failed to execute the project due to gross negligence.</li>\r\n</ul>\r\n<p class=\"MsoNormal\">The Stalled Projects Law allows Stalled Projects to be varied so that they can be completed or cancelled if completion is not feasible.</p>\r\n<p class=\"MsoNormal\"><strong>The Board’s review</strong></p>\r\n<p class=\"MsoNormal\">Initially, a committee formed by the Council of Ministers (the “Board”) will review a Stalled Project that has been referred to it by the Council of Ministers. The Board’s review will determine whether to refer the Stalled Project to the Committee on Adjustment of Non-performing Real Estate Development Projects (the “Committee”), which is a committee with judicial jurisdiction comprising three judges of the High Civil Court of Appeal and two experts.</p>\r\n<p class=\"MsoNormal\"><strong>The Committee’s review</strong></p>\r\n<p class=\"MsoNormal\">Following referral by the Board, the Committee will urgently review the Stalled Project and take action to enable the Stalled Project to be varied or cancelled, if necessary. In performing this function, the Committee can:</p>\r\n\r\n<ul>\r\n 	<li>investigate, or appoint a relevant body to investigate, the financial, administrative and technical aspects of the Stalled Project</li>\r\n 	<li>refer the matter to the Public Prosecutor if the Committee suspects criminal activity (although referral to the Public Prosecutor will not preclude the Committee from proceeding with its review of the Stalled Project)</li>\r\n 	<li>take provisional and conservatory measures</li>\r\n 	<li>hear witnesses and appoint experts and auditors</li>\r\n 	<li>request all relevant data, information, documents and instruments relating to the Stalled Project.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"MsoNormal\"><strong>The Developer’s proposal</strong></p>\r\n<p class=\"MsoNormal\">The Committee can grant the Developer a maximum period of one month to provide a proposal for varying the Stalled Project so that it can be completed (the “Proposal”). The Committee may accept, modify or reject the Proposal for any reason including if the Proposal is too difficult to implement.</p>\r\n<p class=\"MsoNormal\">If the Committee accepts the Proposal, the Committee will grant the Developer a period of up to three months (which the Committee can extend for a further three months) to enable the Developer to reach agreement with the majority of stakeholders in the Stalled Project in relation to varying the Stalled Project. If the Developer and the stakeholders reach a consensus, they will enter into an agreement, which will become binding after the Committee ratifies it. Thereafter, the Committee will, or will appoint another party to, oversee execution of the agreement.</p>\r\n<p class=\"MsoNormal\">Additionally, if the Committee determines that a government entity must take measures that would contribute to the variation of the Stalled Project, the Committee can submit its recommendations in this respect to the Board so that the necessary measures can be taken.</p>\r\n<p class=\"MsoNormal\"><strong>The Committee’s decision</strong></p>\r\n<p class=\"MsoNormal\">If an agreement is not reached during the periods mentioned above, the Committee will make a final decision in relation to the Stalled Project (the “Decision”) within eighteen months from the date when the Stalled Project was referred to the Committee. In reaching its Decision, the Committee may take and adopt any of the following procedures as it deems appropriate:</p>\r\n\r\n<ul>\r\n 	<li>Replace the existing board of directors for the Stalled Project with a new board of directors in circumstances where the Developer has not been cooperative, management of the Stalled Project has been inefficient or the Developer has not reached agreement with the stakeholders, and those stakeholders, particularly purchasers, are exposed to financial loss.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Inform the Survey and Land Registration Bureau that it cannot register a transfer, lien or mortgage in relation to the land on which the Stalled Project is situated until the Stalled Project is finally varied.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Offer the Stalled Project to another investor to complete, after taking into consideration the interests of the Stalled Project and the investors in the Stalled Project, particularly the purchasers. The new investor will be required to supply guarantees to complete the Stalled Project with the least losses possible. Priority will be given to the financing investors of the Stalled Project.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Merge some Stalled Projects if there is no new investor available, taking any procedures that the Committee deems appropriate in this respect.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Sell the Stalled Project at a public auction and deposit the sale revenue with the treasury of the Ministry of Justice and Islamic Affairs. The sale revenue will be distributed to all creditor stakeholders proportionately with their respective shares, and all debts shall be equal in rank. The purchaser of the Stalled Project will be given a copy of the Decision, which the purchaser will be required to submit to the Survey and Land Registration Bureau in order to register title to the land in the purchaser’s name. In this respect, the Committee’s Decision will be deemed to be the title deed for the purchaser.</li>\r\n</ul>\r\n<ul>\r\n 	<li>Adopt any other means to achieve completion of the Stalled Project.</li>\r\n</ul>\r\n&nbsp;\r\n<p class=\"MsoNormal\">The Committee must make its Decision by a majority vote of the Committee members. In the case of a tied vote, the Committee’s chairman will have the casting vote.</p>\r\n<p class=\"MsoNormal\">A Decision of the Committee will be final and will serve as a court judgement once the High Civil Court of Appeal clerk’s department has attached the executory formula to the Decision. A party may appeal the Decision to the Court of Cassation within 10 days from the date the Decision is published in the Official Gazette.</p>\r\n<p class=\"MsoNormal\"><strong>Impact on court cases and claims</strong></p>\r\n<p class=\"MsoNormal\">From the Effective Date, no new cases can be filed before the Courts of Bahrain in relation to matters that the Committee can determine under the Stalled Projects Law. Further, all cases that were filed with the Courts of Bahrain before the Effective Date in respect of matters that the Committee can determine under the Stalled Projects Law will be temporality suspended for eighteen months to allow the Committee to review and vary the Stalled Project, if necessary.</p>\r\n<p class=\"MsoNormal\">The Committee’s Decision will not prevent a claimant from seeking compensation from a Developer; however, any claims relating to a Stalled Project will not be heard until after the Committee issues its Decision.</p>\r\n<p class=\"MsoNormal\"><strong>Penalties for non-compliance</strong></p>\r\n<p class=\"MsoNormal\">Any person who deliberately hides data, information or documents from the Committee, deliberately supplies incorrect data, information or documents, or acts or fails to act in a manner that would hinder the Committee from acting in its full capacity could be imprisoned for a term between one year and five years or fined between 10,000 Dinars and 30,000 Dinars, subject to any more severe penalty specified in the Penal Code or any other law.</p>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">The Stalled Projects Law is a welcome development that should achieve its aim of eliminating Stalled Projects in Bahrain and increase investor confidence in the Bahrain property market. The Committee’s broad powers will enable it to swiftly take action tailored to each Stalled Project having regard to the interests of Developers, financiers, purchasers and other stakeholders.</p>'),
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(94405, 5127, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\n<strong>Introduction</strong>\r\n\r\nAs a result, the parties would be returned to the position they were in before the sale and purchase agreement and the unit will remain with the seller. But would this be applied even if the law required the developer or sub developer to register the unit and they failed to do so and the purchaser wishes to continue with the contract? This Court of Cassation judgment addresses this situation as detailed below.\r\n\r\n<strong>Background</strong>\r\n\r\nA Sale and Purchase Agreement (SPA) was entered into for the sale of an off plan unit. The purchaser fulfilled his obligations; however, the transaction was not completed. The purchaser agreed to pay the amount required in order for the seller to obtain approval from the developer; nevertheless, the developer’s actions resulted in the sale remaining unregistered with the Real Estate Regulatory Agency (RERA). The seller requested the court to add the developer as a second defendant as it was the developer’s obligation to register the sale, and they failed to do so.\r\n\r\nThe Court of First Instance ruled against the seller and ordered him to repay the purchase price of AED 295,000 in addition to 5% interest. That judgment was a consequence of the off-plan unit remaining unregistered.\r\n\r\nThe seller appealed that decision to repay the funds, claiming that he was not the party in default. The developer failed to fulfill his obligations; therefore, the burden of repayment should be upon him. The Court of Appeal confirmed the lower court’s decision and rejected the appeal.\r\n\r\n<strong>Court of Cassation</strong>\r\n\r\nThe matter went to the Court of Cassation. The seller put forward two grounds of appeal. Firstly, the seller insisted that the finding that the contract was void was not a result of his actions. Secondly, as it was the developer’s failure to register the unit, it was the developer who should repay the amount ordered to the purchaser.\r\n\r\nArticles 3 and 5 of Law 13 of 2008 specifies that all transactions relation to off-plan units must be registered in the interim registrar, and places the obligation of said registration on the seller, developer and/or sub-developer.\r\n\r\nIn this case, the developer’s failure to register the SPA rendered it void and unenforceable. Consequently, regardless of who was in breach, the SPA will nonetheless be considered void and the funds paid must be repaid in order to prevent unjust enrichment. Any related agreements to the SPA will also be considered void due to the non-registration.\r\n\r\nThe Court applied Article 210 (1) of the Civil Code which states:\r\n\r\n<em>“A void contract is one which is unlawful in its essence and form, in that its essential elements or subject matter or purpose or its form as laid down by law for the making of a contract are imperfect, and such contract shall be of no effect, and no approval thereof shall be operative.\'\' </em>\r\n\r\nSince the sale of off-plan units have been given a specific form as per Law 13 of 2008 and that form has not been met since the unit was left unregistered, the contract is considered void. The fact that the SPA was void meant that the seller must refund the amount paid and to the parties should be returned to the state they were in prior to the formation of the agreement.\r\n\r\nThe Court emphasized that the main decisive factor in such cases is not which party was to blame for non-registration; it is the fact that the off-plan unit is unregistered and therefore it is void. In such matters, the amount will always be ordered against the seller and paid back to the purchaser. Furthermore, the Court recognized that the developer was at fault; however, it stated that the amount was to paid by the seller as he is the one who received the payment. Thus, in an effort to return all parties to their original state prior to the creation of the SPA, the seller must return the funds paid to him.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nIt is always wise for the seller and the purchaser to register the unit in order to avoid such cases from arising. It is also pertinent to ensure that before filing a claim for compensation or breach against a seller or developer for a dispute arising from an SPA relating to an off-plan unit, the purchaser must always make sure that the unit is registered. Once the court enquires about the unit with RERA and a lack of registration is revealed, the Court will view the contract as null and void and will order a repayment of funds regardless of the intentions of the parties.\r\n\r\n<em>This article has been co authored by Fatima Al Numairy trainee lawyer at Al Tamimi &amp; Company.</em>'),
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(94420, 5128, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\n<strong>Summary of the Facts</strong>\r\n\r\nIn summary of the facts, the dispute arose out of and in connection with a distribution agreement concluded between Claimant (German Company) and Respondent (UAE Company) providing for arbitration under the auspices of the ICC. The seat of arbitration was Stuttgart, Germany.\r\n\r\nThe Claimant successfully filed a claim before the Dubai Court of First Instance seeking the recognition of a foreign arbitral award rendered in Stuttgart, Germany. The Respondent subsequently appealed to the Dubai Court of Appeal, which upheld the decision of the Court of First Instance. The Respondent challenged the appeal court’s decision before the Dubai Court of Cassation.\r\n\r\n<strong>The Dubai Court of Cassation</strong>\r\n\r\nOn 23 November 2014, the Dubai Court of Cassation upheld the decision of the Dubai Court of Appeal and addressed three different elements to the appeal worth highlighting.  These are as follows:\r\n<ul>\r\n 	<li>Arbitrability of distribution agreements</li>\r\n 	<li>Distinction between ‘venue’ and ‘seat’ of arbitration</li>\r\n 	<li>Applicability of the NY Convention in the UAE</li>\r\n</ul>\r\n&nbsp;\r\n\r\n<strong>Arbitrability of distribution agreements</strong>\r\n\r\nThe UAE Civil Procedures Law expressly excludes certain types of disputes as being non-arbitrable as a matter of UAE law, disallowing arbitration ‘in matters where no conciliation may be reached’. Disputes may be deemed non-arbitrable either by existing legislation or as a matter of public policy by the courts. The UAE courts, by law, have a duty to intervene and investigate the irregularity even if such irregularity is not one of the grounds for setting aside the arbitral award under Article 216 of the Civil Procedures Law. As public policy, by definition, governs issues that are of fundamental concern to society and the basis for the social, political, economic or ethical laws of the State and therefore any contravention to the status quo must be determined by the courts.  Hence, the list is essentially non-inclusive. However, matters that have been deemed non-arbitrable in the past include disputes arising out of commercial agency, distributorship, labour agreements, bankruptcy and issues such as forgery and criminal activity.\r\n\r\nIn its ruling, the Court of Cassation however rejected, among other things, the argument that distribution agreements are non-arbitrable according to the UAE laws and denied that the arbitrability of such dispute is a matter of public policy. However, the fact that there is no doctrine of binding precedent in the UAE makes it difficult to predict with certainty the scope of its public policy application in the future and whether distributorship remains arbitrable.\r\n\r\n<strong>Seat of Arbitration </strong>\r\n\r\nIt is well established that the seat of an arbitration is a crucial factor. It directly influences a number of issues, such as but not limited to the determination of the lex arbitri, arbitrability of the dispute, determination of the place of the annulment proceedings of the arbitral awards and the courts with supervisory jurisdiction over the arbitral process.\r\n\r\nThe Dubai Court of Cassation in this instance recognized the difference between ‘venue’ and ‘seat’ of arbitration.  The Court, in conformity with modern standards, held that convening the hearing in Paris did not change the legal seat of arbitration which remained Stuttgart, Germany.\r\n\r\n<strong>Applicability of NY Convention in the UAE </strong>\r\n\r\nSince the UAE ratified the New York Convention in 2006, the provisions for recognition set out in the Convention have become mandatory laws of the state notwithstanding its contradiction to previous laws (including Articles 235-238 of the Civil Procedures law).  However, in the past, the local courts have applied provisions of the UAE Civil Procedures Law instead of the New York Convention.\r\n\r\nThe Court explained that since its ratification, the New York Convention is deemed an ‘applicable domestic law’ in the UAE and the judiciary should apply the provisions of the Convention to any and all disputes relating to the execution of foreign awards. It was therefore held that the provisions of the New York Convection were applicable to the dispute in question.\r\n\r\nWhat is more, the Court held that the first few articles of the New York Convention constitute a positive obligation for a contracting state to recognize and enforce foreign arbitral awards, i.e. arbitral awards made in the territory of another State. A party seeking enforcement of a foreign award needs to supply to the court (a) the arbitral award and (b) the arbitration agreement (Article IV).\r\n\r\nThe Court recognized the objection of a party against whom enforcement of a foreign award is sought be limited to one of the grounds for refusal of enforcement which are set out in Article V(1) of the New York Convention. The award was thus recognized by the Dubai Court of Cassation.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nThere is no doubt that the above ruling is a positive step towards solidifying the UAE’s commitment to the New York Convention, and arbitration more generally.\r\n\r\nThis judgment is of particular significance as it represents a reconfirmation of the position found in the previous line of judgments which held that the recognition of foreign arbitral awards in the UAE is subject to the New York Convention and suggests strongly that the 2013 judgment whereby a foreign award was denied recognition was an exception of this standard approach.\r\n\r\n<em>*Previously published in Kluwer Arbitration Blog on 13 April 2015 (kluwerarbitrationblog.com). </em>'),
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(94441, 5129, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nFor companies wishing to offer therapeutic alternatives to their patients, or to expand into the Middle East market, the general trend is for these companies to start by importing into the UAE, then to look towards expanding into other markets in the region, depending on the success of their products in the UAE.\r\n\r\nThe importation of medical devices and pharmaceuticals into the UAE is controlled by the Ministry of Health.  The Ministry regulates the importation of both medical devices and pharmaceuticals for all of the emirates; there are no separate, individual, local emirates departments. In this article we will look at the procedure by which a company can import medical devices or pharmaceuticals into the UAE, with the intention of then selling these products to UAE hospitals or health care clinics.  The regulations that apply to hospitals wishing to import drugs and medical devices are different and will not be addressed in this article.\r\n\r\nWhile federal law states that no medicine or pharmaceutical preparation should be put into circulation, except after registration of the product with the Ministry, the Ministry will consider an application to import certain unregistered drugs into the UAE. However, there are specific requirements in place for the importation of an unregistered pharmaceutical, and such importation must be in conjunction with a hospital or clinic local purchase order and a justification letter from a medical consultant.  Without these, only registered pharmaceuticals or medical devices may be imported into the UAE. However, for both registered and unregistered pharmaceuticals and medical devices, the importing company must, itself, be registered with the Ministry before it will be allowed to import these products into the UAE.\r\n\r\nThe registration of an importation company and the registration of a pharmaceutical or medical device can happen simultaneously; however, the registration process for the company is a faster process than the registration of a pharmaceutical or medical device.\r\n\r\n<strong>Importation Options</strong>\r\n\r\nIn order to import pharmaceuticals or medical devices into the UAE, the importing company must be an entity established in the UAE, although a UAE national may also apply to be a registered importer of pharmaceuticals and medical devices.  While in the past there was a requirement that only companies wholly owned by UAE nationals could apply for registration, it is now possible for companies owned by both a UAE shareholder and a foreign shareholder to apply for registration.  Therefore, for companies wishing to import pharmaceuticals or medical devices into the UAE, there are two options: 1) incorporate a company in which they are a shareholder, and undertake the registration process with the Ministry (outlined below); or 2) engage a distributor or agent which is already registered with the Ministry.\r\n\r\nIf the intention is for the company to incorporate their own entity in the UAE, then they must ensure that the company’s UAE trade license permits them to perform the activities associated with pharmaceutical and medical device importation. Without the proper activities listed on the trade license, the company will not be successful in their registration with the Ministry.\r\n\r\nIn the remainder of this article, we will address only the process to register the company that will import registered medical devices and pharmaceuticals.  In a later article, we will address the process of registering medical devices and pharmaceuticals themselves, and the process for the importation of non-registered pharmaceuticals.\r\n\r\n<strong>Registration of Importation Company</strong>\r\n\r\nThe first step in the process to become registered as a pharmaceutical or medical device importer in the UAE is to obtain a medical warehouse licence.  The Ministry of Health has in place certain requirements for these warehouses, such as they must be of a certain size, they must be in a certain location, they must have specific equipment in place for the storage of the pharmaceuticals and medical devices and a licenced pharmacist must be employed to oversee the pharmaceuticals and medical devices imported.  Prior to the Ministry of Health granting the medical warehouse licence, it will inspect the warehouse to ensure that it meets these requirements.  Only if all of the requirements have been met, will a medical warehouse licence be granted.  The Ministry provides a service where it will, with a representative of the company, attend at the warehouse site, prior to the lease being signed, and undertake an initial inspection of the warehouse to give its approval of the site.  This allows the company to wait to sign a lease agreement until it knows that the proposed space is suitable in the eyes of the Ministry.\r\n\r\nOnce the warehouse has been inspected, and the site approved by the Ministry of Health inspectors, the entity must then submit a file, along with all of the necessary supporting documents, containing proof of the inspection having been passed, information relating to the licensed pharmacist and information about the pharmaceuticals and medical devices that the company intends to import.  This file is reviewed, at an initial level, by the Ministry and either rejected or accepted.\r\n\r\nIf the Ministry accepts the file, it is then passed to a final committee at the Ministry.  The committee meets four times a year to review all of the applications filed and determines, on a case by case basis, which companies should be granted a  medical warehouse licence and be registered with the Ministry as approved importers of pharmaceuticals and medical devices. Once these companies have been registered, they are then eligible to obtain import permits for pharmaceuticals and medical devices to be sold in the UAE. If for any reason the file is rejected, the committee will provide reasons as to why. This permits the company to make necessary adjustment and make a new application once compliance has been achieved.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nIn order for a company to import pharmaceuticals and medical devices into the UAE, they must both incorporate a company in the UAE and apply for this company to be registered with the Ministry of Health, or engage a local agent or distributor, who is already registered with the Ministry, to import the pharmaceuticals and medical devices on their behalf.  While the process to register a company or engage a local company may seem daunting, we are able to provide guidance and assistance throughout the entire process.'),
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(94458, 5130, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nThe Claimant (the Licensor), a major broadcasting company, entered into various licence agreements with an Egyptian broadcasting channel (the “Licensee”) for the broadcasting of some of the Claimant’s exclusive content comprising of TV titles and series (the “Content”).\r\n\r\nAfter a few years of contract performance, the Licensee defaulted in payment of its royalty obligations stipulated in the licence agreement and subsequently the Claimant filed a suit before the Economic Court of First Instance in Cairo (“the Court”) demanding (i) recovery of the outstanding amounts due as royalties (estimated at around USD 4 million); and (ii) payment of liquidated damages worth approximately USD 2 million as damages for the breach of the copyright licensing contracts as agreed between the parties.\r\n\r\nThe governing law clauses in the contracts referred to UAE laws and regulations. The Egyptian court did not challenge the implementation of this clause nor refuse to enforce the UAE regulations over the dispute. Therefore, the Court reviewed the merits of the case and entered a favorable judgment for the Claimant, ordering the Licensee to pay the outstanding royalties due worth approximately USD 4 million. The Court applied the laws of the UAE as the governing law to the merits of the case and made references to specific principles from the UAE civil code relevant to the case at hand.\r\n\r\nIn addition to the recovery of the outstanding amounts, the Claimant has also sought from the Court, an award of USD 2 million as liquidated damages. The relevant licence agreements granted the non-breaching party the right to claim a pre-determined liquidated damages sum in the event the breaching party breached its obligations and failed to cure such breaches within the cure period. Whilst the liquidated damages are regulated under the UAE Civil transaction code, the said law gives the court the right to amend, adjust or waive this type of damages according to the breach. In examining the merits of the liquidated damages claim, the Court rendered a judgment ordering the Licensee to pay the amount of liquidated damages in full as contractually agreed in the relevant licence agreements. The Court did not interfere in the assessment of the sum of liquidated damages and rather upheld the contractually agreed liquidated damages clause.\r\n\r\nThe main highlights of this judgment can be summarised as following:\r\n<ul>\r\n 	<li>It is one of the highest compensatory award received in the Middle East region for non-payment of royalties fees related to exploiting of copyrights;</li>\r\n 	<li>The Court upheld the liquidated damages clause and did not reduce the sum;</li>\r\n 	<li>The Court followed UAE laws and upheld the governing law clause agreed upon by the parties without entertaining the traditional challenges from the local courts, such as sovereignty or other public order restrictions.</li>\r\n</ul>\r\nThis award is a positive step for owners of all Intellectual Property Rights in Egypt, where courts are demonstrating adherence to the contractual terms as agreed between the parties even if these terms involve significant and high amounts of compensation.\r\n\r\nThis judgment is proof of the development of the Egyptian Judicial system in handling commercial disputes which comprise a foreign element. As the country enters into many financial and development projects by foreign investors (such as the “New Egypt” project) with a view to building and maintaining sustainable economic growth, this case shows that the local courts can take action to support foreign investors in upholding relevant contractual obligations and commercial commitments.'),
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(94484, 5130, '_yoast_wpseo_metadesc', 'In a positive step for owners and exclusive licensor of media content and copyrights in Egypt, the Economic Court of First Instance in Cairo has issued one of the highest compensatory awards made in the Middle East region in respect of non-payment of royalty fees and the imposing of liquidated damages.'),
(94485, 5131, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nThis is generally seen as unsatisfactory to brand owners because it means the counterfeit goods still exist and may move to other markets or even be sent to Dubai again by other means.\r\n\r\nFinding alternatives to Dubai Customs’ “Re-exporting” decisions for trademark cases was one of the most highly discussed topics during a workshop conducted by Dubai Customs Authority in November 2014. The workshop was attended by senior delegates, brand owners’ representatives, diplomatic commercial attachés in the region, intellectual property (IP) attorneys, and others. The Director General of Dubai Customs re-affirmed his commitment to support all border measures that protect the rights of IP owners. As a result of this workshop and Dubai Customs desire to implement a new policy, Al Tamimi &amp; Company has taken extensive efforts to structure practical steps that will enhance the procedures and promote the adoption of alternative options for rulings in Customs’ seizure cases.\r\n\r\nAfter many years of receiving unsatisfactory decisions (i.e. issuing orders to re-export counterfeit goods and/or release counterfeit goods), Al Tamimi &amp; Company’s Intellectual Property Department worked closely with brand owners to develop a discussion with Dubai Customs Authority to change the “re-exporting” policy in IP cases. After a great deal of time and effort, a new mechanism to dispose of the counterfeit products was adopted, one which is practical and environmentally friendly: recycling.\r\n\r\nDubai Customs’ “Re-export” policy was based on  environmental concerns, since the volume of counterfeit goods seized is so massive that if destroyed it would cause huge, unexpected loads on the waste sites managed by the Dubai Municipality. Consequently, the Dubai Municipality objected to destroying the goods. Recycling however avoids the creation of additional waste whilst also destroying the counterfeit goods so that they can do no further harm to the public or brand owners.\r\n\r\nThe new recycling policy, as an acceptable way of destruction, is now in place and Al Tamimi has already had success in using it.\r\n\r\n<strong>Legal Action Taken </strong>\r\n\r\nOur firm pursued a recent case before Dubai Customs, on behalf of a major Tobacco Company, wherein we were able to accomplish a promising, unique and pro-trademark decision, which was eventually issued and executed for the benefit of the brand owners.\r\n\r\nDuring an ad-hoc inspection conducted by Jabel Ali officials, a suspected shipment comprised of around two million counterfeit cigarettes was spotted at the storage facility of a logistic. Forensic inspection for samples was undertaken which determined that they were counterfeit. An official customs complaint was lodged by Al Tamimi &amp; Company on behalf of the brand owner to seek confiscation and destruction, through the recycling, of the counterfeit goods at an accredited service provider arranged by the Tobacco Company. This was accepted by Dubai Customs and on 18 March 2015 the goods were recycled.\r\n\r\n<strong>Important Destruction Methodology Precedent</strong>\r\n\r\nThis case establishes an important precedent for trademark owners in customs cases and encourages Dubai Customs Authority to revisit their border protection strategy. Customs showed its willingness to work with brand owners on alternative solutions for their IP customs cases and to change their re-exporting policy for a more environmentally sound recycling policy. There are indications that Customs Authorities in the wider UAE are trying to uniformly implement the recycling policy, as evidenced by contractual undertakings with UAE local recycling companies.\r\n\r\nAnother positive feature of the case is that this precedent was accomplished by the Dubai Customs Officials in Jabel Ali Port, which is the busiest seaport in the region. Their willingness to conduct ad hoc inspections for logistic companies and service providers in the free zones, and put extra efforts and measures to ensure their compliance with trademark cases, is a monumental step in the right direction for the implementation of the recycling policy and the enforcement of IP rights generally.\r\n\r\nWe are keen to utilize this landmark decision to revitalize the excellent cooperation between brand owners and Dubai Customs on different IP protection strategies. This will hopefully open a new era of cooperation in IP enforcement with border authorities, and set a new protocol to dispose of counterfeit products with environmentally friendly technologies, which is of the utmost importance for all stakeholders involved with this process.\r\n\r\nAl Tamimi &amp; Company IP department, led by partner Munir Suboh, took the lead on this case at all stages, including passing the intelligence information to law enforcement, assisting in issuing orders for the inspection of suspected facility, assisting with the official seizure and inspection of goods, forensic examination support, the issuance of the confiscation and recycling order, and execution of the same.\r\n\r\n<em>This article first appeared on WTR Daily, part of World Trademark Review, in April/2015. For further information, please go to www.worldtrademarkreview.com.</em>\r\n\r\n&nbsp;'),
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(94508, 5132, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nThe pension insurance provides certain benefits in relation to specific events in an employee’s life such as retirement, disability, sickness or death.  Given that the GCC member states recognise the mobility of their citizens, Law 44 of 2007 Concerning the Extension of Security Protection to the Citizens of the States of Gulf Cooperative Council for Arab Countries Who are Working Outside Their Own Countries In Any Member State of the Council (“Extension of Security Protection for GCC”) codified a unified system to allow the GCC national to contribute to his or her own country’s pension insurance while working outside in any member GCC country.   As such, foreign companies who employ a number of GCC nationals throughout the GCC should understand that in order to ensure compliance with local laws, a foreign company doing business in one of these states has certain statutory obligations with respect to their contributions towards the pension insurance.\r\n\r\nUnder Kuwait law, Article 2 of Law 61 For the Year 1976 Regarding the Issuance of the Social Insurance Law (the “SI Law”) stipulates that employees (and members of Parliament) are eligible to receive the pension benefits.  Employees and members of Parliament are required to fund the national pension but employers and the State Public Treasury also make contributions.  Recently, Law 110 of 2014 increased the percentages by 2.5% effective on 1 January 2015.  As such, the current percentage of contributions made into the pension insurance is as follows: the employee contributes 9.5%; the employer 13.5%; and the State Public Treasury contributes 10%.  Therefore pursuant to the Extension of Security Protection for GCC, a Kuwaiti employee who works abroad shall compulsorily contribute to the social security.\r\n\r\nThe provisions of the SI Law and the Extension of Security Protection for GCC apply obligatorily to a Kuwaiti employee working in a GCC country with an employer who is subject to the civil retirement or social security system of the country where the Kuwaiti employee works and affords the Kuwaiti employee reciprocal treatment of contributing into the Kuwait national pension.  The provision of reciprocal treatment requires fulfilment of the following criteria: (i) that the insured person is a Kuwaiti national; (ii) the employer should be subject to the civil retirement system or social security system in the country where the work takes place; (iii) the work should be with one of the units of the administrative bodies in the country where the work is performed or the public authorities and departments therein who are subject to the civil service laws or systems or be subject to the labour laws or systems in those countries; and (iv) the age of the insured shall not be less than 18 years or more than 65 years.\r\n\r\nOnce these conditions are met, the Kuwaiti employee who works abroad in one of the GCC countries shall be obligated to contribute to the Kuwait national pension insurance and the employer shall take the initiative to register the Kuwaiti employee according to the applicable rules and procedures in the GCC country where he works.  The employer has the duty to present a notification to the relevant pension department stating the date of hire of the Kuwaiti employee and providing the following documents: (i) copies of nationality certificate, birth or age assessment certificate and civil ID card; (ii) copy of the appointment decision or employment contract; and (iii) detailed statement of the Kuwaiti employee’s salary, if the salary elements are detailed.  Once the Kuwaiti employee is registered in the GCC country, each party is required to contribute their percentage into the Kuwait national pension insurance.  It should be noted, however, if the contribution of the GCC country where the Kuwaiti employee works is less than the Kuwaiti percentage, the Kuwaiti employee is required to pay the difference on top of his share in contributions.\r\n\r\nUnder the SI Law, the applicable rules and procedures for registering a Kuwaiti national stipulates that the employer has ten (10) days to register the employee with Kuwait’s national pension institute known as the Public Institute of Social Security (“PIFSS”) and begin payment of the due contributions.  If the employer fails to register the Kuwaiti employee or pay the due contributions, or does not inform the relevant civil retirement system or national pension institute of termination of services, or pays the contributions on the basis of incorrect salaries, then the employer shall be subject to penalties and fines from the country where the Kuwaiti employee performs the work and the fines will be paid by the employer into the bank account of PIFSS.\r\n\r\nFinally, the compulsory contributions will cease if: the insured person no longer works for the employer in the GCC country for whatever reason (i.e., resignation, dismissal, or death) and notice is provided to the relevant civil retirement/social security authorities in the country where the work is performed; the Kuwaiti employee is granted leave without pay for whatever period and the employer shall immediately report the status before the civil retirement/social security authorities in the country where the work is performed so that the PIFFS will in turn be provided with notice; if the Kuwaiti employee loses his Kuwaiti nationality.\r\n\r\nGiven that a Kuwaiti national may be working abroad, the Extension Security Protection for GCC ensures a seamless unified system that provides the assurance that upon a major event in the Kuwaiti employee’s life, such as retirement, disability, sickness or death, he will receive the benefits accordingly.\r\n<div></div>\r\n&nbsp;'),
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(94531, 5133, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nThe oil and gas sector constitutes one of the most important and competitive markets in Gulf countries and despite the recent slide in oil prices, the majority of the Gulf Cooperation Council (GCC) members have reserves and savings from the boom period of 2003-2014 that can underpin spending programmes. It is sensible, however, in light of recent events, for governments throughout the region to use this opportunity to undergo reforms and take the necessary measures to decrease habitual oil dependency and increase private sector development and productivity. As the Gulf ventures beyond the traditional oil and gas production, demand for international investment is expected to increase. One of the central issues that investors may face is the settlement of disputes arising from contracts through binding arbitration or other ADR. For this reason, it is essential for the region to pro-actively take measures promoting effective mechanisms of dispute resolution that are in line with modern international standards.\r\n\r\n<strong>An Overview of the Region</strong>\r\n\r\nAs a gateway to attract trade and investment, GCC members have taken positive steps forward by enacting more ‘arbitration friendly’ laws, as well as the establishment and development of new arbitration hubs. For instance, all members of the GCC have acceded to the New York Convention and are able to position themselves as the most attractive venue for arbitrations. Moreover, the modernization of domestic arbitration laws is evidence that Gulf States have taken their pro-arbitration policy one step further.\r\n\r\nBy way of example, the collaboration between the Dubai International Financial Centre (DIFC) and the London Court of International Arbitration (LCIA), allows international parties the option to submit their civil or commercial contractual disputes to the DIFC-LCIA with an agreed seat in the DIFC thereby allowing clients to avoid any unconventional arbitration laws (although any arbitral rules may be used with the DIFC as a seat). The DIFC Arbitration Law No. 1 of 2008 is based upon the UNCITRAL Model Arbitration law which makes it more familiar to clients. Following this trend, on 11 January 2010, the Kingdom of Bahrain, partnering with the American Arbitration Association (AAA) created the BCDR-AAA. The BCDR-AAA created an arbitration “free-zone” by ensuring an arbitral process with jurisdictional and legal certainty through exclusion of any judicial review and minimal court intervention.\r\n\r\nMost recently, in 2012 the Kingdom of Saudi Arabia adopted a new arbitration law generally based on the UNCITRAL Model Law. The law recognizes international arbitration proceedings in line with international customary practice, provides rules to govern arbitration proceedings, and deals with the enforcement of foreign arbitral awards.\r\n\r\nThe above demonstrates the region’s predominant involvement and commitment to international arbitration. Unfortunately, Kuwait has been somewhat slow to show similar initiative in this respect. The legislative framework that governs arbitration in Kuwait is codified under Law No. 11 for the Year 1995 Concerning Judicial Arbitration in the Civil and Commercial Matters (the “Judicial Arbitration Law”) and Law No. 38 of 1980 Promulgating the Civil and Commercial Procedures Law (the “Procedures Law” or “Optional Arbitration”) which repealed article 177 of the Procedures Law and is replaced with the Arbitration Law. Seemingly drafted with domestic arbitration in mind, the aforementioned laws governing Kuwaiti arbitration, in particular that of Judicial Arbitration Law are composed of a series of what some may call ‘arbitration-unfriendly’ provisions that neglect to distinguish between the domestic and international arbitration. In sum, the arbitral mechanism is overshadowed by local judicial concepts, which to a great extent enable Kuwaiti courts an intrusive scale of influence.\r\n\r\nIn view of the fact that a large volume of cases governed by arbitration law would be of a domestic character, the practical outcome is that traditional local concepts are being forced on international disputes, which can frustrate the needs of international contracting parties.\r\n\r\n<strong>Arbitrating in Kuwait: Does it Curtail International Businesses?</strong>\r\n\r\nDeviating from the core characteristics and norms of modern practice, the governing arbitral regulations of Kuwait, in particular that of Judicial Arbitration Law, are seen to be a little out of line in attempting to fully capture the essence of arbitration as an effective tool of dispute resolution. It may draw a closer resemblance to the practice of litigation.\r\n\r\nThe somewhat intrusive role of the judiciary in arbitration could stem from the feelings of distrust arising from the determination of arbitral awards rendered in the 1950s and 1960s against the Gulf region.  While for the majority of the GCC, the feelings of distrust are now in the background of this new initiative aimed at encouraging international arbitration, it is perhaps taking longer for international arbitration to present itself as a viable option in Kuwait.\r\n\r\nA recent example of an unfavourable award against Kuwait is the 2012 case of Petrochemical Industries Company of Kuwait v. the Dow Chemical Company where Kuwait was ordered to pay over $2 billion in damages. Such awards are not likely to endear Kuwait to arbitration despite the rapid growth of international arbitration in the Gulf region.\r\n\r\nIt is this author’s view that Kuwait should reconsider its arbitration laws in order to fall in line with the rest of the initiatives adopted by its neighboring GCC member states. This will enhance Kuwait’s attractiveness for foreign direct investment.\r\n\r\n<strong>The Current Arbitration Law in Kuwait</strong>\r\n\r\nArticle 173 of the Procedures Law confers on the parties the power to submit their dispute to any arbitral procedure provided that the contracting parties agree to it in writing. If parties fail to express in their contract their choice of any other system of arbitration, the Judicial Arbitration Law shall apply by default and the contracting parties will be subject to the jurisdiction of the arbitration board of the Court of Appeal\r\n\r\nThe Judicial Arbitration Law applies to three distinct procedures. First, it allows an arbitral tribunal to exercise jurisdiction over disputes referred to it by the free will of the parties. The consent of the parties may be either in the form of a clause or subsequent agreement, to submit such disputes to the tribunal’s jurisdiction. The second category mandatorily enforces jurisdiction over disputes concluded after the enforcement of the Judicial Arbitration Law, which include provisions concerning the settlement of possible disputes through arbitration, but neglected to stipulate an arbitral body to which such disputes are to be submitted. The third category, falling under mandatory arbitral jurisdiction, are disputes arising between Governmental bodies such as Ministries, Public Corporations and the Companies whose capital is fully owned by the State-Government or between all such institutions. This has been rationalized by the need to reduce the burden on the judiciary since these disputes typically concern the issue of public funds. In addition, the arbitration board will only hear matters whose value does not exceed five hundred thousand Kuwait Dinars (KD 500,000), including those financial conflicts arising from administrative contracts.\r\n\r\nThe appointment of the members of a tribunal under ‘Optional Arbitration’ enables parties to exercise the greatest level of autonomy. A tribunal can be constituted in three ways: a) by direct nomination, b) by referring such a nomination to a third designated person such as an arbitral institution, c) the parties can also agree to refer their dispute to the arbitration board established in Kuwaiti courts in accordance with the Judicial Arbitration Law. In the event that the international parties subject themselves before the arbitration board of Kuwait, the parties should first have knowledge of the relevant provisions existing under Procedures Law.\r\n\r\nIn the case that the parties refer the dispute to the arbitration board, the construction of the arbitral panel under Judicial Arbitration Law comprises of three male judges appointed by the Supreme Judiciary Council and two arbitrators, one of whom is selected by each of the litigants. Although some commentators argue that this hybrid system saves the parties the effort of having to go through the normal troubles usually encountered when selecting a third arbitrator, it also ensures that the judicial element of this formation will always hold the majority.\r\n\r\nIn fact, the position of the presiding arbitrator belongs to a judge.\r\n\r\nProviding for a fixed number of arbitrators not only produces an unbalanced formation of the arbitral panel but it also fails to account for multi-party disputes. For instance, if one party were to consist of several individuals (e.g. a group of companies), the restriction imposed on the nomination of a single arbitrator per side wrongly assumes that persons forming one party of the dispute all share the same interest. What is more, the Judicial Arbitration Law stipulates that the administrative secretary must be a staff member of the Court of Appeal and the hearing should take place at the Court of Appeal, unless the presiding arbitrator (a member of the judiciary) decides otherwise. Also, the Judicial Arbitration Law restrains the parties to opt for a procedure other than that applied before state courts; to refer the dispute to arbitrators chosen by the parties; and to decide on a place of arbitration isolated geographically from the local courts.\r\n\r\nAlthough the Judicial Arbitration Law prohibits the publication of an arbitral award, there is no express statutory provision for confidentiality. According to the Judicial Arbitration provisions, the arbitral award (in whole or in part) shall not be published without securing the consent of the two disputing parties (Article 7). The Explanatory Memorandum of the Judicial Arbitration Law clarified that this is to be done in appreciation of the disputants’ privacy. However, this provision challenges the wording of the first paragraph of the same article, which provides that the award shall be pronounced in an open session.\r\n\r\n<strong>Conclusion</strong>\r\n\r\nThe enactment of a new law will not automatically bring an end to the existing problems in Kuwait; however it would demonstrate a positive change in the right direction. The judiciary and relevant arbitral bodies should be encouraged to unite with the common goal of improving and promoting the changes to the system in order to reassure and uphold the interest of an investor. Only then would it be reasonable to assume that legislative reform will progress in the direction of preserving the efficacy of the arbitral process.\r\n\r\n<em>*Previously published in Kluwer Arbitration Blog on 20 February 2015 (kluwerarbitrationblog.com). </em>'),
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(94550, 5134, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\n<strong>New DFSA Client Classification Rules</strong>\r\n\r\nOn 15 February 2015, following the end of the consultation period on Consultation Paper No. 97, the DFSA published its changes to the client classification regime contained in chapter 2 of the Conduct of Business Module of its Rulebook.\r\n\r\nThese changes will come into effect on 1 April 2015 (with one exception that the increase of the asset test applicable to ‘assessed’ Professional Clients from US $500,000 to US $1 million, will not come into effect until 1 April 2016).\r\n\r\nThe new client classification regime requires Authorised Firms, before providing Financial Services to clients, to classify such clients as “Retail”, “Professional” or “Market Counterparty” clients, so that an appropriate level of protection can be provided to those clients given their level of knowledge, experience and resources.\r\n\r\n<strong>Transitional Rules</strong>\r\n\r\nAlthough these changes will inevitably involve Authorised Firms having to update their client classification documentation, client classifications made under the old regime will remain in force and the new regime does not trigger the need to reclassify existing clients.\r\n\r\nHowever if an existing client wishes to obtain a new Financial Service after the new regime has come into force, an Authorised Firm will not be able to rely on the existing client classification relating to that client in respect of the new Financial Service. For any new clients beyond 1 April 2015 the new client classification rules will apply.\r\n\r\n<strong>Professional Clients</strong>\r\n\r\nAfter 1 April 2015, new clients of an Authorised Firm are required to be classified according to the new DFSA client classification regime. Set out below is a summary of the three routes through which a person may be classified as a Professional Client:\r\n\r\ndeemed’ Professional Clients: the DFSA Rules provide a list of the type of entities that can be considered ‘deemed’ Professional Clients without them having to meet any additional net asset and experience tests. The reason for this is that these entities have significant assets under their control, and, therefore, either possess, or have the resources to obtain, the necessary expertise to manage such assets.\r\n<ul>\r\n 	<li>‘service-based’ Professional Clients: a person to whom the following two types of financial services are provided to can be classified as a ‘service-based’ Professional Client and the Authorised Firm is not required to undertake a detailed assessment of their expertise or net assets (as required in the case of an ‘assessed’ Professional Client);</li>\r\n 	<li>credit provided to an undertaking for business purposes; or</li>\r\n 	<li>advisory or arranging activities relating to corporate structuring and financing.</li>\r\n</ul>\r\nHowever the above two types of financial services must relate to an acquisition, disposal, structuring, restructuring, financing or refinancing of a corporation or other legal entity. Therefore, this sub-category essentially relates to the provision of corporate finance services.\r\n<ul>\r\n 	<li>‘assessed’ Professional Clients: these persons are either individuals or undertakings which can be classified as a Professional Client only if they meet the specified net assets and expertise requirements set out in the Conduct of Business Rules. Investment vehicles and family member joint account holders of individuals who are themselves Professional Clients can also be classified as Professional Clients where certain conditions are met.</li>\r\n</ul>\r\n<strong>Market Counterparties</strong>\r\n\r\nA ‘deemed’ Professional Client may be classified as a Market Counterparty if they are provided with prior written notification of their classification as a Market Counterparty.\r\n\r\n<strong>Retail Clients</strong>\r\n\r\nA Person who cannot be classified as a Professional Client or Market Counterparty in accordance with the DFSA Rules is required to be classified as a Retail Client. An Authorised Firm can only provide financial services to a Retail Client if it has a Retail Endorsement on its Licence.\r\n\r\n<strong>Group Clients</strong>\r\n\r\nUnder the new client classification regime, the DFSA has clarified that an Authorised Firm may rely on client classification made by its head office or any other branch of the same legal entity, or by any other member of its group, if it has reasonable grounds to believe that such a client classification is substantially similar to the client classification required under the DFSA Rules.\r\n\r\n<strong>DFSA Fees Module Update</strong>\r\n\r\nThe new DFSA Fees Module came into force on 1 January 2015. Some of the key changes are as follows.\r\n<ul>\r\n 	<li>An application to apply for a Representative Office license has increased to US $4,000 from US $2,000.</li>\r\n 	<li>An application to add a Retail Client or Islamic Financial Business endorsement onto an Authorised Firms licence now incurs a fee of US $5,000.</li>\r\n 	<li>Applying to add, amend or replace an Authorised Individual now incurs a fee of US $500 for each Authorised Individual for whom the change is being sought.</li>\r\n 	<li>A person seeking the consent of the DFSA to bring a regulatory proceeding before the Financial Markets Tribunal must pay a fee of US $5,000.</li>\r\n</ul>\r\n<strong>DFSA Update the Regulatory Policy and Process Module</strong>\r\n\r\nOn the 12 February 2015, the DFSA issued a new version of the Regulatory Policy and Process (“RPP”) Module of the DFSA Sourcebook replacing the November 2014 edition of the RPP.\r\n\r\nSome of the key updates are as follows:\r\n\r\n<strong>Clarification on the DFSA’s approach to risk based supervision</strong>\r\n\r\nThe DFSA conducts a continuous risk management cycle on regulated firms in the DIFC. The risk management cycle starts with a macro-prudential view of the DIFC as a whole providing the DFSA with an overview of the risk profile of all regulated entities. The DFSA will also conduct an impact and probability rating on each firm and a risk matrix is then used to identify, assess and further prioritise risks, resulting in a risk based classification of a firm.\r\n\r\nRisk assessments allow the DFSA to allocate its resources in such a way that its supervisory tools are targeted towards those firms and activities which pose a higher risk to the DFSA’s objectives. The DFSA will generally only allocate a Relationship Manager to a firm with a higher level of resultant risk from the combined assessment of impact and probability risk ratings. This means that a significant number of firms will not have a dedicated Relationship Manager, but will be supervised by the Thematic Supervision Team.\r\n\r\n<strong>Clarification on the DFSA’s use of confidential information</strong>\r\n\r\nA new section in the RPP summarises the DFSA’s obligations in relation to the handling of confidential information. These obligations are contained in UAE and DIFC laws. Although the DFSA has comprehensive powers under the DIFC Regulatory Law to carry out its authorisation, supervision and enforcement functions there are statutory limitations under UAE and DIFC Law on the way the DFSA uses and deals with information obtained. This new section in the RPP outlines the circumstances under which the DFSA may legally disclose confidential information.\r\n\r\n<strong>Clarification on waiver and modification applications to the DFSA</strong>\r\n\r\nThe DFSA has added a new section to the RPP clarifying the process to be undertaken when applying for a waiver or modification of existing DFSA Rules of the DFSA Rulebook or Articles of the Markets Law 2012.\r\n\r\n<strong>Future Regulatory Changes</strong>\r\n\r\nAt a recent DFSA outreach session the DFSA indicated that this year they will be looking at further potential changes to improve the DIFC funds regime and the regime for insurance activities in the DIFC. Also, the DFSA has indicated that it will be looking at potential regulatory changes resulting from issues identified after the Al Khorafi v Bank Sarasin-Alpen (ME) Limited case and the winding-up of ES Bankers (Dubai) Limited.'),
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(94573, 5135, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nCurrently, only governmental bonds issued by the Qatar Central Bank (“QCB”) on behalf of the government of Qatar are listed on the QE. Although the procedures relating to pledging of securities prescribed by the Qatar Central Securities Depository (“QCSD”) Rules of Dealing do not differentiate between shares and bonds, there are legal and practical differences in pledging bonds under Qatari Law 22 of 2004 (“Civil Code”). This article will set out a summary of the issues relating to creation of a pledge over securities and discuss enforcement issues in Qatar.\r\n\r\n<strong>Qatar Stock Exchange</strong>\r\n\r\nThe QE is the securities market in the State of Qatar and is regulated by the Qatar Financial Markets Authority (“QFMA”). Last year QE was upgraded from frontier to emerging market status by index provider MSCI, signalling investor confidence and improved governance. Currently, the QE has 43 listed companies and trades on securities, Government Bonds, Sukuks and Treasury Bills issued by the QCB.\r\n\r\n<strong>Qatar Central Securities Depository</strong>\r\n\r\nThe QCSD was established jointly by the QCB and QE.  It has been operational since January 2014 and regulates the transfer of ownership of securities listed on the QE. The QCSD absorbed several functions from the QE and now acts as the central registry and depository for listed equity and debt securities (shares, bonds and sukuks) and is responsible for the settlement of orders by Delivery-versus-Payment and for registering pledges over listed securities. The QCSD Rules of Dealing set out, among other things, the applicable regulations pertaining to the types of accounts which may be operated and the procedures in connection with the pledging of securities.\r\n\r\n<strong>Creation of Pledge over Shares in Qatar</strong>\r\n\r\nBriefly, creation of a pledge over shares consists of a three-step process: registration of the pledgee bank by the QCSD, authentication of the share pledge and registration of the share pledge agreement.\r\n\r\nFirst, the pledgee bank should register as a member with the QCSD. The QCSD accepts membership registration applications from both foreign and GCC banks. The QCSD has a process in place for considering membership applications and would expect to see, for example, the constitutional documents of the prospective QCSD member. The QCSD Rules of Dealing state that the QCSD will assess membership applications and decide on the outcome within 15 business days. Subject to registering as pledgee member with the QCSD, any financial institution, including non-Qatari entities, can register pledges over securities listed on the QE.\r\n\r\nSecondly, the share pledge agreement should be authenticated before the Ministry of Justice in Qatar. The share pledge agreement should include provisions in relation to the payment of dividends (i.e. would the dividend be payable to the pledgee bank or the pledgor) and voting rights (before and after default).\r\n\r\nFinally, the authenticated share pledge would need to be registered with the QCSD. When submitting the share pledge to the QCSD, a joint letter from the pledgor and pledgee bank addressed to the QCSD should accompany the submission. Such letter should refer to the share pledge agreement, number of shares to be pledged, the unique code of the pledgor as recorded by the QCSD (Investor Number) and thereafter the QCSD will block trading on those shares. Renewals are not required for pledge over shares. Bonus shares on the pledged shares are automatically pledged in favour of the pledgee. Registration of share pledges with the QCSD can take up to three business days. Upon completion of the pledge process, the QCSD will issue a letter to the pledgee bank providing confirmation of the pledge. The pledgee bank will be entitled, as pledgee, to obtain an account statement from the QCSD showing the balance of the pledged shares and the status of the pledge.\r\n\r\n<strong>Enforcement of pledge over securities in Qatar</strong>\r\n\r\nEnforcement of share pledges is not unusual in Qatar, and Courts in Qatar will order the sale of the shares if the outstanding debt is proven and the pledge has been properly created. It is important to note that enforcement in Qatar is a court-led process, and self-help remedies are not permitted under the law in connection with commercial pledge over securities in general.\r\n\r\nLaw 27 of 2006 ( “Commercial Code”) and the QCSD Rules of Dealing govern the enforcement of a commercial pledge over movables in general, including pledge over securities.\r\n\r\nThe rights of the pledgee over pledged shares in Qatar may only be enforced through a court process. Article 247 of the Commercial Code stipulates that “any agreement concluded at the time of the mortgage or after the mortgage giving the mortgagee the right to own or sell the mortgaged property without compliance with the procedures set out under Articles 241-243 of this law [the Commercial Code] if the debtor fails to pay its debt at maturity, shall be invalid. However, after the debt or an instalment thereof becomes payable to the creditor, the debtor is entitled to waive the mortgaged property or part thereof to the creditor to settle the debt, also, the court may order that the mortgagee owns the mortgaged property or part thereof for the settlement of the debt, provided that the market value of the mortgaged asset is estimated by experts”.\r\n\r\nAccordingly, subject to the discretion of the court, a pledgee bank may own the pledged shares after obtaining a court order. Where a pledgee bank seeks to obtain enforcement through a power of attorney that authorises the pledgee bank to sell the shares without a court order, such a power of attorney would be deemed invalid, as it would seek to circumvent of the court-led process.\r\n\r\n<strong>Steps for Enforcement</strong>\r\n\r\nThe summary procedure would involve the pledgee bank petitioning the Qatari Courts to claim the total amount outstanding (or part thereof) following seven days from the pledgee bank sending a notification to the debtor that the amount is outstanding and obtaining an acknowledgement receipt. A registered letter with acknowledgment of receipt from the debtor is acceptable (Article 241, Commercial Code).\r\n\r\nA court order for attachment of the pledged securities or sale of the pledged securities rendered by the court can be executed five days from the expiration date of notification. Article 243 of the Commercial Code states that the court will issue an order to sell the securities on the market by recognised brokers and the pledgee bank will obtain the proceeds of sale to satisfy the outstanding amount and any additional costs (e.g. interest accrued).\r\n\r\nWhilst the mechanism of the summary process is expedient, in practice a defendant may raise substantive and procedural objections which would lead to the enforcement proceedings being referred to the Court of First Instance.  This would greatly delay enforcement of the pledge and could take up to 3 years to resolve.\r\n\r\n<em>A version of this article first appeared in the April 2015 edition of IFLR Magazine’  - http://www.iflr.com/Article/3439507/IFLR-magazine/Qatar-Securities-practices.html</em>\r\n\r\n&nbsp;'),
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(94592, 5136, 'content', 'April 2015\r\n\r\n<hr />\r\n\r\nIn a speech at the Sharm el-Sheikh Egypt Economic Development Conference (“EEDC”), Christine Lagarde, the Managing Director of the International Monetary Fund, said of Egypt\r\n\r\n“Let me start with the good news. The journey to higher growth has already begun.”\r\n\r\nShe further noted, “The new investment law is an important step in the right direction.”\r\n\r\nThe new investment law to which Ms Lagarde refers is Law 17 of 2015, which amends provisions of certain investment-related laws in force in Egypt, namely the Companies Law, Sales Tax Law, Income Tax Law and the Law on Investment Guarantees and Incentives.  Before discussing the new changes taking effect with the implementation of the new law, it is important to consider the context under which this law has been passed as well as the present environment in Egypt in wake of the recent political uncertainty.\r\n\r\n<strong>Macro Mapping</strong>\r\n\r\nThe current Egyptian regime has taken several initiatives to restore order and design a long-term roadmap for Egypt’s economy, and signs of hope and positive momentum are already becoming evident.\r\n\r\nEgypt has started venturing into numerous mega projects including construction of roads and new communities to utilise the undeveloped lands in Egypt, which comprise the majority of the country’s surface area.  Examples include newly completed roads as well as the nearly completed parallel Suez Canal, which was funded by non-conventional financing in the form of direct funds received from the Egyptian people (with proceeds of 64 billion Egyptian pounds collected in 8 days).\r\n\r\nIn addition to infrastructure projects, Egypt has taken policy measures to address the social needs of the country and provide sustainable relief by tackling subsidies on fuel products, setting caps and minimum wages in the Government bodies.\r\n\r\nWhether critics agree or not, the reality is that the country’s economy has shown clear signs of improvement, as evidenced by Egypt’s improved ratings and the resumption of investment into the country by friends of Egypt and the international community.\r\n\r\nTo top it off, the success of the EEDC illustrates that monumental projects and initiatives, if completed, would elevate Egypt to a completely different economic position from where it is now, or where it was over the past few decades.\r\n\r\n<strong>Background to Law 17 of 2015</strong>\r\n\r\nBefore assessing some of the legislative amendments introduced by Law 17 of 2015, it is important to highlight the surrounding investment requirements from legal and regulatory standpoints.\r\n\r\nAs with several legal and regulatory topics, there is no single prescriptive legal formula that captures how best to regulate doing business or creating investment friendliness in a jurisdiction. Numerous factors impact investment considerations in any jurisdiction such as the regulatory structure, government regulatory functions and the effectiveness of the court systems, which differ from one jurisdiction to another. There are currently 10 key areas that the World Bank assesses for purposes of ranking states on the ability to attract business and investment, which include:\r\n<ul>\r\n 	<li>Starting a businesses</li>\r\n 	<li>Obtaining Construction Permits</li>\r\n 	<li>Getting Electricity</li>\r\n 	<li>Minority protections</li>\r\n 	<li>Registration of property</li>\r\n 	<li>Obtaining Credit and Credit Information</li>\r\n 	<li>Paying taxes</li>\r\n 	<li>Trading Cross border</li>\r\n 	<li>Enforcement of contracts</li>\r\n 	<li>Resolving insolvency</li>\r\n</ul>\r\nIn addition to the 10 key areas noted above, the ease of settling disputes, the overall efforts  of government officials to combat corruption, and efficient public service functions are generally regarded as crucial components in boosting investor confidence and re-attracting foreign direct investments into Egypt.\r\n\r\n<strong>Approach adopted under Law 17 of 2015 and other Legislative Amendments</strong>\r\n\r\nLaw 17 of 2015 was promulgated in the official Gazette on 12 March 2015 simultaneously with the EEDC to support the revival of investor confidence in Egypt.\r\n\r\nThe concern in Egypt is not the lack of well established laws and regulations; rather, the need is for the introduction of particular missing provisions that can help facilitate investment, abolish a hindering bureaucracy and the putting in place of a sound implementation mechanism.\r\n\r\nThe Egyptian government appears to foster this view and as such, rather than introducing a unified new investment regime, the government has opted to amend certain provisions relating to investment under the existing laws while also introducing new provisions under the Law on Investment Guarantees and Incentives (the “Investment Regime”).\r\n\r\nThe laws that have been specifically amended by Law 17 of 2015 are as follows:\r\n<ul>\r\n 	<li>The law on joint stock companies, limited liability companies and companies limited by shares issued by Law 159 of 1981 (the “Companies Law”);</li>\r\n 	<li>The law on general sales tax issued by Law 11 of 1991 (the “Sales Tax Law”);</li>\r\n 	<li>The law on investment guarantees and incentives issued by Law 8 of 1997 (the“ Investment Law”); and</li>\r\n 	<li>The law on income tax issued by Law 91 of 2005 (the “Income Tax Law”).</li>\r\n</ul>\r\nUpon assessing the amendments introduced by Law 17 of 2015, one can find that most of the 10 key World Bank assessment areas have not been absent in these amendments.\r\n\r\n<strong>Highlights of key amendments introduced under Law 17 of 2015</strong>\r\n\r\nAlthough Law 17 of 2015 does not introduce a new investment regime, it substantially amends the current regime. Some of the key amendments include:\r\n<ul>\r\n 	<li>Central registration of securities is marked as a mandatory requirement upon incorporation.</li>\r\n 	<li>Sales tax on manufacturing equipment has been amended to be 5% and is refundable upon submitting the first tax declaration for products or services produced by such equipment.</li>\r\n 	<li>Investors may agree to resolve disputes in any manner agreed to or pursuant to arbitration under the Egyptian Civil and Commercial Arbitration Law.</li>\r\n 	<li>The 10% employee profit distribution provided for under Article 40 of the Companies Law is no longer applicable to companies subject to the Investment Regime.</li>\r\n 	<li>Provisions relating to free zones have been amended to boost cross border trade by giving preferential treatment to goods imported and exported from free zones.</li>\r\n 	<li>Under Article 10 of Law 17 of 2015, without prejudice to legitimately acquired third party rights, investors’ unlimited right to their investments, including the right to remit liquidation proceeds without restriction, is explicitly reemphasised.</li>\r\n 	<li>Licensing procedures for businesses subject to the Investment Regime, is centralised with the General Authority for Investment and Free Zones (“GAFI”) and time limits are imposed by law on issuing licenses within 15 days from obtaining all other relevant regulatory approvals that GAFI will now procure and/or facilitate through the signal investor window at GAFI.</li>\r\n 	<li>Any investment found by a court of law to be based on fraud or misrepresentation would be deprived of incentives and guarantees provided for under the law.</li>\r\n 	<li>Strategic investments listed under Article 20 of Law 17 of 2015 may be afforded further non-tax related preferential treatment as prescribed for in Article 20 and by a cabinet resolution. The investments captured under Article 20 include investments relating to logistical services, electricity from conventional or non-conventional resources, agriculture, promoting local products, transportation, railways, employee-geared investments, development of internal trade, and investments in areas in need of development.</li>\r\n 	<li>Entities regulated under the Investment Regime as amended by Law 17 of 2015, are now subject to a unified custom duty of 2 % on all equipment and machinery imported for their establishment.</li>\r\n 	<li>Awarding rights to lands is more regulated under Articles 71- 83 of Law 17 of 2015 and covers instances of gifting of land or awarding  usufruct rights for up to 30 years for certain investments pursuant to requirements and conditions outlined under these Articles.</li>\r\n 	<li>GAFI is the exclusive body competent to implement Law 17 of 2015 and other investment related laws.</li>\r\n 	<li>GAFI is exempted from government administrative restrictions and financial caps and is permitted to engage high-quality local or international personal to join its operations.</li>\r\n 	<li>The National Centre for Developing and Promoting Investment has been established under Law 17 of 2015 as an independent department responsible for developing and promoting investment locally and internationally.</li>\r\n 	<li>Under Section 7 of Law 17 of 2015, Alternative Dispute Settlement mechanisms are prescribed to facilitate settlement of investment disputes with investors.</li>\r\n 	<li>Investors are entitled to apply for a tax credit on their income tax, corresponding to 30% of the value of equipment used for production during the first tax period.</li>\r\n</ul>\r\nIn parallel, the Egyptian government is also introducing a new law to regulate public/government service in an effort to address bureaucratic practices that could hamper the hard work and efforts the government has been undertaking. The said law provides more qualitative measures to monitor government employees and their training and development as well as creating early exit pathways to relieve the burden of the billions of pounds spent on public services, which unfortunately often do not necessarily function efficiently. This law may take time to materialise but is a good step towards implementing state administrative reform urgently required at this stage.\r\n\r\nThe figure on the right and the World Bank Principles (“WBP”) marked against notes below summarise our opinion as to the common investor concerns and principles addressed by Law 17 of 2015.\r\n\r\n<img title=\"Chart\" src=\"http://www.tamimi.com/en/media/get/20150421_Screen-shot-2015-04-21-at-2.58.06-PM.png\" alt=\"Chart\" width=\"514\" height=\"271\" />\r\n\r\nThe table below summarises how, in our view, certain of the World Bank Principles for assessing doing business (“WBP”) were tackled under Law 17 of 2015.\r\n<table class=\"MsoTableGrid\" border=\"1\" cellspacing=\"0\" cellpadding=\"0\">\r\n<tbody>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\"><strong>WBP</strong></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\"><strong>How was it addressed? </strong></p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Starting a businesses</p>\r\n<p class=\"MsoNormal\"></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*Approval time limits adopted.</p>\r\n<p class=\"MsoNormal\">*Consolidated approval process introduced.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Dealing with Construction Permits</p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*With the approval consolidation highlighted above an expedited route is enabled, but such permits process will be tested in practise.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Getting Electricity</p>\r\n<p class=\"MsoNormal\"></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*With the approval consolidation highlighted above an expedited route is enabled, but, such permits process will be tested in practise.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Getting Credit and Credit Information</p>\r\n<p class=\"MsoNormal\"></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*Reconfirming central registry of securities under Article 1 of Law 17 of 2015 can help boost the pledges over securities and thus potentially swifter credit options.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Registration of property</p>\r\n<p class=\"MsoNormal\"></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*With the introduction of Section 5- “Registration of Property Rights”, including the valuation processes,  dealing with property rights covered under the Investment Regime have been improved and implementation of these provisions will determine the actual benefits in practise.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Trading Cross border</p>\r\n<p class=\"MsoNormal\"></p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*Free zone provisions incorporated under Law 17 of 2015 and reliefs on customs duties can eventually improve cross border trade.</p>\r\n</td>\r\n</tr>\r\n<tr>\r\n<td valign=\"top\" width=\"31%\">\r\n<p class=\"MsoNormal\">Resolving insolvency</p>\r\n</td>\r\n<td valign=\"top\" width=\"68%\">\r\n<p class=\"MsoNormal\">*Law 17 of 2015 has introduced a more rapid process for dealing with liquidation.</p>\r\n</td>\r\n</tr>\r\n</tbody>\r\n</table>\r\n<p class=\"MsoNormal\"><strong>Conclusion</strong></p>\r\n<p class=\"MsoNormal\">Without a doubt, we strongly believe that the legislative amendments introduced by Law 17 of 2015 constitute a solid move in the right direction in respect of addressing concerns raised by investors and to meet recognised international standards at least from a legislative point of view.</p>\r\n<p class=\"MsoNormal\">The positive signs of renewed investor interest and committed investments in Egypt thus far will create great momentum for Egypt that will require a swift implementation machinery to be in place.</p>\r\n<p class=\"MsoNormal\">To capitalise on these amendments introduced by Law 17 of 2015, our recommendation would be to utilise the flexibility awarded to General Authority for Investment and Free Zones (“GAFI”) in engaging the right talent that is capable of meeting investors’ expectations and to maximise the momentum achieved post the EEDC by delivering the spirit of these legislative amendments.</p>'),
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