Revolutionizing Cost Allocation in ICC Arbitration: The Dubai Court of Cassation’s Landmark Decision on Article 38
The Dubai Court of Cassation (DCC) has ruled that unilateral arbitration clauses, which grant one party exclusive discretion to choose arbitration as a dispute resolution mechanism, are unenforceable under UAE law. This decision emphasizes the importance of mutual consent and clarity in arbitration agreements, highlighting the need for fair and balanced drafting to ensure enforceability.
Jurisdiction of the Insurance Dispute Resolution Committees (IDRC) in the UAE: Scope and Territorial Competence
Challenging jurisdiction is a critical defense strategy that lawyers often evaluate at the outset of a case. This article explores the jurisdictional scope of the UAE’s Insurance Dispute Resolution Committees (IDRC) in light of Federal Decree by Law No. (42) of 2022 and the IA Board of Directors Decision No. (33) of 2019. It addresses whether IDRC branches in specific Emirates, such as Dubai, are territorially restricted or have nationwide competence. Drawing on recent case law, including Dubai Court of Cassation Case No. 96 of 2024, the analysis concludes that all IDRC branches operate with federal jurisdiction across the UAE, irrespective of their physical location.
Dubai Court of Cassation Rules Unilateral Arbitration Clauses Unenforceable: Key Insights for Contract Drafters in the UAE
The Dubai Court of Cassation (DCC) has ruled that unilateral arbitration clauses, which grant one party exclusive discretion to choose arbitration as a dispute resolution mechanism, are unenforceable under UAE law. This decision emphasizes the importance of mutual consent and clarity in arbitration agreements, highlighting the need for fair and balanced drafting to ensure enforceability.
Legal Analysis of 2024 Amendments to UAE Labour Law: Federal Decree-Law No. 33/2021
The 2024 amendments to UAE’s Federal Decree-Law No. 33/2021 introduce enhanced penalties for non-compliance and bolster worker protections. These changes aim to ensure fair labour practices, with significant fines for violations such as unauthorized employment and failure to settle employee entitlements. The amendments underscore the UAE government’s commitment to fostering a transparent and equitable labour market.
Unlocking the Future: Navigating the UAE’s Groundbreaking Gaming Regulations
Explore the new licensing framework, responsible gaming measures, and the legal landscape as the UAE embraces a regulated gaming industry.
Navigating Strategic Collaborations: Choosing Between Mergers and Joint Ventures for Business Growth
Mergers and joint ventures are strategic activities that significantly enhance business capabilities in terms of expertise, resources, market reach, and competitiveness. While both involve collaboration between separate entities, they differ in structure and purpose, leading to challenges in determining the most suitable approach. This article explores the various types of mergers and the benefits and drawbacks of both mergers and joint ventures, offering insights to help businesses choose the right strategy for their growth objectives.
Dubai Court of Appeal Upholds The Sanctity of An Arbitral Award: Majority Signatures Sufficient for Valid Arbitral Awards
On the 29th of April 2024, the Dubai Court of Appeal (COA) issued a landmark judgement Judgement) in Appeal Number 11 of 2024 (Appeal), wherein the COA clarified the legal position concerning the requirement of having an Award signed by all the members of the Arbitral Tribunal (including the Arbitrator that dissented with the majority) and in doing so, affirmed the validity and enforceability of an Award which was only signed by the majority of the Arbitrators.
Non-Competes and Employment Contracts
A non-compete clause (or non-competition clause), is a clause in an employment contract that prevents or restricts an employee from any activity that directly competes against his former employer once the employment contract has ended.
Navigating Debt Recovery in the UAE: Insights on Leveraging Commercial Licenses as Attachable Assets
Debt Recovery is a critical aspect of financial transactions, crucial for individuals and businesses alike; hence efficient recovery of unpaid debts is vital for maintaining financial security. The recent judgment by the General Assembly of the Dubai Court of Cassation in Cassation No. 1 of 2024 issued on 31 January 2024 (the “General Assembly Judgment”), has expanded the options of attachable assets in relation to debt recovery. Before discussing the nuances of this judgment, let us look into the framework of debt recovery in the UAE.
DIFC Announces Consultation for Amendments to DIFC Law on Application of Civil and Commercial Laws in the DIFC
In May 2024, the Dubai International Financial Centre Authority (“DIFCA”) issued a Consultation Paper in relation to certain proposed amendments to DIFC Law No. 3 of 2004 (otherwise known as the “Application Law”). The DIFCA seeks to enact these amendments to the Application Law by way of DIFC Law No. 6 of 2024 (the “Proposed Amendment Law”). The Consultation Paper invites public comment on the Proposed Amendment Law by no later than 1 June 2024, and any comments should be addressed to the DIFCA’s Chief Legal Officer, Mr. Jacques Visser.
