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Legal500, 2021 EMEA Results

We are pleased to present you the latest Legal 500 – 2021 EMEA results, where Galadari has achieved 4 practice rankings and 10 lawyers (including you) have been recognized as leaders in their area of expertise.

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UAE Data Protection Law 2021 update – Is your company compliant?

WDigital and Galadari recently provided some key insights into the recent DP Law update in the UAE, their implications, the risks associated with data breach and the practical steps that your businesses can undertake to ensure that you are ready for inspection.

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Young Lawyers Mentoring Programme

Applications are now open for our Young Lawyers Mentoring Programme starting on 01 June 2021

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International Women’s Day
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Senior Associate Sergejs Dilevka joining its ranks
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Bassem Daher joining as a Partner in its Dubai’s office
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Dubai Courts implement procedures manual in personal status cases | محاكم دبي تعتمد دليل جديد في قضايا الأحوال الشخصية

On January 21, 2021, H.H Sheikh Maktoum Bin Mohammed Bin Rashed, the Vice Ruler of Dubai, and the President of the Judicial Council has promulgated Resolution No. 3 of 2021 (“the Resolution”) approving the “Manual of Organizational Procedures in Personal Status Matters in Dubai Courts” (“the Manual”). The Manual aims at providing clear guidelines on rules, procedures, schedules, and templates within the Dubai Courts in personal status cases.

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Gender Equality in the work place

Senior Counsel - Employment and Head of IP and Data Protection Raka Roy shares insights with the Emirates Green Building Council Women's Network on how the #UAE has implemented a series of regulations to promote #GenderEquality in the work place and beyond. The panel discussion also looked into practical ideas and measures that could help build more inclusive work environments in traditionally male dominated industries, such as #construction. #employment #building #sustainability #diversity #innovation

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Practical Summary: Federal Law No. 15 of 2020 on Consumer Protection Law

Covid-19 has had a profound impact on consumer behaviour in the UAE, with an increasing number of transactions now completed from the safety of home. While this change has led to e-commerce growing exponentially in the UAE, such an unprecedented rise has also presented regulators with a new set of challenges, particularly in the context of consumers’ seeking to enforce their rights in e-commerce transactions. For instance, a total of 59,130 consumer complaints were received by Dubai Economy’s Commercial Compliance and Consumer Protection Sector during 2020, an increase of 51 per cent compared to the 39,113 received in 2019.

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Amendments to the GCC Patent Regulation: further updates on interim applications

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

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The importance of conducting Due Diligence in the UAE

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.

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Succession Planning for Family Businesses in the UAE

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.

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Litigation, cloud and collaboration: How technology is increasing the efficacy and efficiency of legal teams webinar
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Law Review: The Validity of Arbitration Agreements in Insurance Policies

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.

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Digital signatures, the new normal?

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.

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Non-nationals permitted to own 100% of a company in the UAE

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

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Dubai Arbitration Week 2020: Recap

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;

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New categories for golden residency visas announced

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.”

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Legal update: UAE introduces several progressive legal amendments covering aspects of family law, criminal law and the civil code

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.

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Economic Substance Regulations in the UAE: Recap and Updates

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”).

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Owners Committees for residential and commercial developments in Dubai

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.

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Resolution No.5 of 2020 [The formation of a committee to develop procedures for building permits in the Emirate of Dubai]

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.

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Corporate Structuring - Part 3: Exit Strategies

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.

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Corporate Structuring - Part 2: Convertible Loan Notes

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.

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Corporate Structuring article – Part 1: Rights of First Refusal and Options

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.

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Defamation on social media platforms in the UAE

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.

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Amendments to the UAE Civil Procedure Law: Resolution No.33 of 2020

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.

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The new DIFC Data Protection Law No.5 of 2020

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.”

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Free Zones Article - Part 3: Corporate Structuring using Free Zone entities

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.

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Free Zones Article - Part 2: Advantages of Free Zone Companies

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.

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Free Zones Article - Part 1: History of Free Zone

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).

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Welcome update on Official Fees for Trademark

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

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Out with the old, in with the new: Comparing DIFC

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

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Abdulla Ziad Galadari has been recognized as...

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

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Global Legal Insights - International Arbitration

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

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Enforcing the penalty clause within contracts

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

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Are security cheques still an effective form of security

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

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GDPR’s impact on UAE-based firms

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

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Legal Consultation - Inheritence Procedures

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

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International Arbitration 2018 - UAE

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

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Organ Transplant and the UAE Law

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

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Legal Consultation - Tax Evasion

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

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Mitigating the Risks Associated with Contracts

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

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AI in the judicial system, preserving our humane

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

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Partnering for Progress

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)

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