The Gulf Cooperation Council Patent Office (GCCPO) recently halted some provisions of the Patent Regulation, impacting the filing of patent applications across the region.

Due diligence is commonly defined as an investigation, audit or review performed to confirm the facts of a matter under consideration. In the financial and legal world, due diligence typically requires an examination of original certificates, accounts, pending or threatened litigation and details of assets, to name a few. The due diligence stage is an essential element to a successful transaction as it allows the buyer to assess and verify the veracity of the relevant facts and information pertaining to the business in order to determine whether or not to proceed with the transaction.

Family Businesses (“FBS”) are significant contributors to UAE’s Gross Domestic Product (GDP), wealth creation and economic stability. However, research demonstrates that the survival rate of FBS over the generations is low. Several factors contribute to the low survival rate, from increased competition to lack of capital, with one of the key reasons being lack of succession planning. It is typical for high net worth individuals to delay succession planning indefinitely as they believe there is no threat to their health and safety. In context of the impact of COVID-19, FBS in UAE are now concerned as health of family patriarchs is at risk. FBS increasingly recognise the importance of succession planning to safeguard family interests and to ensure preservation of wealth.

Since the introduction of the new Federal Law No. 6 of 2018 on Arbitration (Arbitration Law) – there has been some uncertainty regarding the applicability of Article 7(2)(a) of the latter law in insurance policies and the validity of the written arbitration agreements within insurance policies per se.

As COVID-19 continues to spread, with new active cases being reported on an almost daily basis, the current status quo in the United Arab Emirates (the “UAE”) is governed by state measures imposing quarantines, sanitary cordons and social distancing restrictions in an attempt to stop, or at least control, the effects of the COVID-19 outbreak.

On November 23, 2020, His Highness Sheikh Khalifa bin Zayed Al Nahyan, issued a decree amending the Companies Law No. 2 of 2015.

Throughout Dubai Arbitration Week (16th - 19th November) junior associate, Ahmed Galadari, will be providing a recap of the sessions. We will be updating this running commentary at the end of each day;

Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, has announced the new list of eligible individuals to be granted the Golden Residency visa. He stated via his Twitter account “Today, we approved granting the 10-year, Golden Visa to all PhD holders in the UAE. Also, the Golden Visa will be granted to top graduates from UAE-accredited universities with a GPA of 3.8 and above. UAE Golden Vis will also include UAE-based physicians as well as engineers in the fields of computer science, electronics, programming, electricity and biotechnology.”

On Saturday 7 November, the UAE introduced several progressive amendments to the Penal Code, Criminal Law and Inheritance Law. The decrees, issued by President His Highness Sheikh Khalifa Bin Zayed Al Nahyan, are seen as a continuation of the countries endeavours to develop legislative foundations and secure foreign direct investment. Effective immediately, the decrees cover divorce, wills and inheritance, amongst others, which will primarily affect the UAE’s expatriates, particularly when it comes to their affairs being dealt with by the laws of their home country.

Effective from 30 April 2019, the UAE issued economic substance regulations for certain businesses by way of Cabinet of Ministers Resolution No. 31 of 2019 (the “Original ESR Regulations”). Guidance on the ESR Regulations was issued on 11 September 2019 through Ministerial Decision No. 215 of 2019 (the “Guidance”).

As per Law No. 6 of 2019 concerning the ownership of jointly owned real estate in the Emirate of Dubai (the “JORE Law”), the owners’ interests in a joint owned property (JOP) will now be overseen by an Owner’s Committees. The Owner’s Committee for each JOP shall be elected by the Real Estate Regulatory Agency (RERA) and may have up to nine owners as committee members with a view to represent all the owners therein.

As COVID-19 continues to spread, with new active cases being reported on an almost daily basis, the current status quo in the United Arab Emirates (the “UAE”) is governed by state measures imposing quarantines, sanitary cordons and social distancing restrictions in an attempt to stop, or at least control, the effects of the COVID-19 outbreak.

Sheikh Mohammed bin Rashid Al Maktoum has recently issued resolution No. 5 of 2020 amending certain provisions of Resolution No. 3 of 2017, regarding the formation of a committee to develop procedures for building permits in the Emirate of Dubai. The new resolution has amended Articles 2, 4, 8, 9 and 10 of the original resolution, which will be highlighted throughout this article.

Dubai Courts decided to resume its hearings remotely in the three litigation degrees, the courts of first instance, appeal and cassation. Dubai Courts confirms that this decision constitutes a broad step to facilitate and expedite the litigation process, and to coronate a package of pioneering accomplishments achieved by the litigation department in a short period.

This article constitutes the third in a series of articles which are intended to provide practical overviews of certain structuring tools which provide protection and/or flexibility in transactions. In this article we will explain considerations relating to the exit of a concerned party in a business venture.

This article constitutes the second in a series of articles which are intended to provide practical overviews of certain structuring tools which provide protection and/or flexibility in transactions. In this article we will explain convertible loan notes.

This article constitutes the first in a series of articles which are intended to provide practical overviews of certain corporate structuring tools which provide protection and/or flexibility in transactions. These may be useful to a foreign investor when entering the UAE market or the Middle East region in general.

Social media is very often used by people to voice their opinions, and there have been several sociopolitical causes which have gained traction due to the awareness gathered on social networking platforms. However, users of such platforms should ensure that they practice a certain level of caution while using social media, as a casual comment made which causes harm or offense to the recipient could lead to criminal charges for defamation.

Pursuant to the amendments introduced by Cabinet Resolution No. 57 of 2018 in the UAE Civil Procedure Law, the Ministry of Justice has announced further proposals which were approved by the Cabinet under Resolution No. 33 of 2020 (the “Resolution”) on 30 April 2020. This Resolution amends certain previous amendments introduced by Cabinet Resolution No. 57 of 2018. The following article highlights the changes impacting civil litigation in the UAE.

On June 1st, 2020, the UAE Government enacted the DIFC Data protection Law no. 5 of 2020. His Excellency Essa Kazim, Governor of DIFC, stated: “By setting out the regulation, DIFC also sets a clear requirement for all organisations to follow global best practice relating to data and privacy.”

This article on Free Zones constitutes the last in a three-part series that deal with various worked examples of corporate structuring using Free Zone entities, commonly used by foreign investors, as they provide attractive benefits. The following examples envisage operations on the mainland, as explained in the scenarios, and are intended to demonstrate the integration between the best practices of Free Zones and the mainland as well as how these practices integrate and can be mutually beneficial.

There are numerous benefits to incorporating a company in a Free Zone as opposed to incorporating a mainland UAE company, and in this article, we will summarise the most relevant ones.

This article on Free Zones constitutes the first in a series of three that will deal with the general background to Free Zones, the entity types permitted in the Free Zones, how foreign investors and companies can benefit from establishing free zone entities and ultimately assessing various worked examples of corporate structuring using free zone entities in the United Arab Emirates (UAE).

COVID-19 has brought the world to a standstill and directly impacted every possible sphere of activity. Needless to say, businesses within every sector will be posed with challenges during this period and beyond. Legal risk management, business continuity and debt recovery are what boards will be well advised to consider as an ongoing strategy. This briefing will deal specifically with debt recovery in United Arab Emirates (“UAE”) during the pandemic and key considerations for clients who wish to initiate debt recovery action in these testing times.

The world is currently navigating unprecedented events with the seismic...

The global pandemic which we are experiencing in the form of COVID19 is...

It is fair to say that, currently, most businesses are focused on sustaining operations rather than contemplating the risks of being unable to carry out their contractual obligations. However, it is essential for businesses to begin assessing such obligations affected by Covid-19 and evaluating how to manage the actual and potential legal implications which may follow.

Supply chain at any time has risk exposure at a macro-level, which may, inter alia arise out of disruption in manufacturing, logistics, commodity price fluctuation, exchange rates and geo-political tensions. However, the COVID-19 pandemic has added an unprecedented level of disruption and complexity at the local, regional and global level. United Arab Emirates (“UAE”) is no exception and has been directly impacted upon by the disruption in the supply chain. The effects are being felt both with government entities and private companies. At Galadari, we have seen a significant rise in queries pertaining to renegotiation and/or termination of long-term supply contracts. Further we have received queries pertaining to one-time supply contracts for essential commodities, such as, personal protective equipment and pharmaceuticals for COVID-19 treatment support.

Amidst the COVID-19 pandemic, courts, including arbitral tribunals, have been forced to quickly adapt to the current status quo governed by state measures imposing quarantines, sanitary cordons, and social distancing with the aim to stop, or at least mitigate, the effects of the pandemic.

In the midst of the global COVID-19 pandemic varies advisories and protocols have been issued to contain further spread of the virus, including the closure of ports and borders. Social distancing and quarantining have become the norm and the way businesses are being run is undergoing a radical transformation.

The UAE Government recently reduced Ministerial fees for 94 federal services. In the following article Senior Counsel, Raka Roy, highlights some of the services and applicable discounts.

The current pandemic, COVID-19 is the greatest challenge which the global economy has experienced since the 2008 ¬nancial crisis, disrupting people, trade and business.

The consequences of the #covid19 crisis are likely to endure for some time, and it is inevitable that we will see permanent changes in regulations. In the following Legal Viewpoint, Partner Ken Dixon discusses the regulatory changes which we foresee post pandemic.

Since its declaration by the World Health Organization as a pandemic, COVID-19 has impacted many companies and states across the globe, causing them tremendous financial and economic damage. Although the implications of the outbreak vary from one sector to another around the world, it has imposed a new reality that many companies and countries are still trying hard to cope with.

According to the World Bank’s 2020 Ease of Doing Business rankings the UAE ranks 16th, ahead of several advanced economies such as France at 32, but behind economies such as the UK at 9 and the USA at 6. That said, the UAE's high ranking does not translate to a straight forward jurisdiction to resolve insolvency as it is currently placed at 80; signicantly behind the UK at 14, USA at 2 and France at 26.

Businesses with existing and prospective claims may find themselves in a precarious situation in the wake of Covid-19. On the one hand, there may be a pressing need to pursue a claim to recover what is due to them. On the other, cash flow constraints may force them to wait until business recovers before initiating any legal action. To make the situation more difficult, businesses in the UAE are often reluctant to commit cash to pursue legal action due to the misconception that proceedings before the local courts are long and drawn-out, despite the UAE’s multiple initiatives to streamline the dispute resolution process.

As businesses adapt to social distancing measures to curb the spread of Covid-19, it is important that they explore the possibility of legally executing documents using an e-signature.

The latest update on fees for trademark and enforcement of registration was certainly well received by local and international businesses

The UAE has implemented a major initiative to update its laws and procedures, by adopting best international practice to encourage

We are pleased to announce the formal recognition of our Partner, Abdulla Galadari, who for the second-year running has been recognized

Maria Palmou and Daniel Brawn wrote the UAE Chapter in the Global Legal Insights book on International Arbitration

We are experiencing an increasing failure to enforce the penalty clause within contracts, Corporate & Commercial Partner

Cheques are the most commonly used commercial paper in the UAE not only

Galadari Advocates & Legal Consultants today held a seminar to discuss the potential impact of the soon-to-be implemented General Data

Hussein Demardash, Senior Associate, answers a question by one of the Arabic-language daily, Emarat Alyoum, regarding the procedures

Our colleagues Maria Palmou and Thanos Karvelis coauthored the UAE chapter in the 2018 International Arbitration, which is published by Global Legal Insights (GLI). The chapter provides readers a detailed overview of arbitration in the UAE, including arbitration procedures and enforcement. International Arbitration 2018 - United Arab Emirates

In an article featured in the Arabic-language daily, Emarat Alyoum, Senior Legal Consultant, Mahmoud Shakir Al-Mashhadani, discusses advances

In Emarat Alyoum's weekly legal consultation column, Abdulla Galadari, Partner, answers a reader's question about tax evasion

In an article titled 'Mitigating the Risks Associated with Contracts', Mojahed Al Sebae, Partner, highlights some of the areas that lead to contractual

Chairman of Galadari Advocates & Legal Consultants discussed in an article that was published

After attending the UAE Public Policy Forum that was held in Dubai in January 2018, under the theme of “Shaping the Future of Public Private Partnerships (PPPs)