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Articles

  • 18 Dec 2018United Arab Emirates

    It is often the case that dispute resolution clauses in Construction Contracts are an afterthought. Receiving due receives attention only when the parties reach the point of dispute. Unfortunately, it is often the case then at that important juncture that the contracting parties find that the process set out in their contract is unhelpful, unworkable, or sets out a procedure that is open to abuse by the other party.

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  • 06 Dec 2018United Arab Emirates

    The UAE Federal Government has recently issued a raft of important legislation, addressing and in many ways updating areas of law which are key to businesses in the jurisdiction. Amongst this legislation is Federal Decree-Law No 14/2018 concerning the Central Bank and the Organisation of Financial Institutions and Activities (the New Banking Law) and Federal Decree-Law No 20/2018 Concerning Anti-money Laundering and Anti-terrorism Financing (the New AML Law). Both the New Banking Law and the New AML Law repeal and replace the previous legislation on their respective subjects.

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  • 04 Dec 2018Qatar

    Of the various different methods of procuring infrastructure and energy projects, in Qatar, a common approach is to use the 'engineer, procure and construct' method (EPC), where unlike traditional 'construction only' contracts, the contractor is made responsible for the whole of the works, including design, procurement, construction, commissioning and handover. The EPC contractor takes overall design responsibility. Typically these contracts contain an obligation to produce a design which is 'fit for purpose' and which meets the owner's specific performance requirements.

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  • 27 Nov 2018United Arab Emirates

    The UAE Cabinet has announced new conditions for the issuing of long-term residence permits for investors, entrepreneurs, scientists, specialists, foreign nationals with exceptional talents and outstanding students. It is expected full details of the new law, including the implementation date, will be announced in the coming weeks.

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  • 16 Nov 2018Saudi Arabia

    Amendments to Saudi Arabia’s Companies Law, which came into effect in April 2018, seemingly return a rudimentary concept of standing for shareholder derivative claims to the statute, while introducing a new concept of cost-shifting for such claims. This may have the effect of incentivising shareholder litigation practice in Saudi Arabia. Joint stock companies incorporated in Saudi Arabia should ensure that adequate internal policies are in place, in order to confront a potential increase in such claims.

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  • 12 Nov 2018Dubai International Financial Centre

    In an order dated 31 October 2018, the DIFC Court accepted that a party seeking an anti-suit injunction against proceedings in a foreign court must show that proceeding before the foreign court is or would be vexatious or oppressive to that party. The DIFC Court further held that where the applicant has the option of obtaining a stay of proceedings in the foreign court itself, the DIFC Court would have no compelling reason to grant an anti-suit injunction; to do so would not be in line with the overriding objectives of the Court.

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