Publications

Key Distinctions in the Legal Landscape between the UAE and India that Indian Investors in the UAE need to understand when considering Investing

By Shoeb Saher - Senior Counsel Indian companies with robust balance sheets, ready access to capital and strong positions in their domestic markets are increasingly looking to expand globally to new growth markets as the local markets become saturated. The Middle East and North Africa (MENA) region shows immense potential for growth; however, companies often wonder how to manage the downside r...
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Construction Disputes in the UAE – the Common Issues Ten Years On (Part 1)

By Eric Teo* - Head of International Practice & Special Projects In 2010 I co-wrote an article highlighting the common contractual issues or disputes that were plaguing the construction industry in the UAE (the old article)[1].  That article was published when the industry was going through a very tough economic environment following the global financial crises that started with the US subpri...
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Doing Business in the UAE

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Recent Changes Made to Payment Orders as per the new regulations of the Civil Procedures Law

The UAE cabinet recently approved amendments to Federal Law No. 11 of 1992 on the Civil Procedure Law by supplementing certain provisions via cabinet resolution number 57/2018 which came into effect on 16 February 2019. In this article we will stress on the changes made to the “Payment Orders” section by highlighting the below main points of difference from the previous regulations governing su...
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Women’s Rights and UAE Divorce Proceedings

This article focuses on the rights of women during and after the divorce. Referring Article 110 to 135 of the Personal Status Law,  failure to pay the prompt dowry (mahr), physical or mental abuse proved upon provision of medical reports, prejudice & dissension, non-payment of maintenance, adultery, desertion for more than 4 months, detention or jail sentence for more than three years, Ila'a (...
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Basic guide to UAE Employment Contracts

There are mainly two types of employment contracts in the Labour system of United Arab Emirates, namely Unlimited Contracts and Limited Contracts. In this article, we will be evaluating the key differences in both the contracts in accordance with the UAE Federal Law No. 8 of 1980. Both the Unlimited and limited Contracts have a commencement date however, only the latter has an expiry date and t...
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General Limitation Periods in Civil & Commercial matters in the UAE

The UAE Federal Law No. 5 of 1985 (the “UAE Civil Code”) contains general rules relating to limitation periods. In general, as per Article 473 of the UAE Civil Code, the claim is time-barred after 15 years, unless a specific provision states otherwise. However, there are many exceptions to the general rule. Several statutes contain specific limitation periods for different types of dispute. In add...
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Bounced Cheques in the UAE & Emirate of Dubai

Dishonour  of cheques or bounced cheques are primarily governed by Article 401 of Federal Law No. 3 of 1987 (the “UAE Penal Code”), which reads as follows:-  “Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for ...
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Donations & Charities in the Emirate of Dubai

General overview Charities or donations are one of the mandatory duties to be observed by an individual practicing the Islamic faith as per the 5 pillars of Islam. The term in Sharia is “Zakat”. Hence, such a concept is actively present in the United Arab Emirates (UAE) which is closely monitored and heavily regulated. In the recent past there has been a requirement for payments made as charity ...
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The practice in the cryptocurrency trading in UAE

The practice in the cryptocurrency trading in UAE 1. Introduction The year 2017 started with a shocking surprise for those (individuals and companies) participating in cryptocurrencies trading in the UAE due to the UAE Central Bank’s unforeseen Regulatory Framework for Stores Values and Electronic Payment System, which stated that “[a]ll virtual currencies are prohibited”. On 1st February 2017,...
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