News & Article

Here, we keep you informed with the latest updates, insights, and thought-provoking content.

A practical look at the DIFC's Variable Capital Company (VCC) regime and its growing role in modern investment and wealth structuring.
On 20 May 2026, the UK and the GCC concluded their first free trade agreement with a G7 nation, set to phase out tariffs while expanding services, mobility and procurement access. For the UAE, this strengthens an already substantial trading relationship, with clear benefits for financial services, manufacturing and investment. Though not yet in force, businesses have a window now to prepare.
Energy supply disruptions driven by geopolitical tensions and force majeure events are reshaping global markets. This article explores how energy futures contracts, speculation, and volatility influence pricing, economic stability, and the balance between winners and losers in times of crisis.
The UAE R&D Tax Credit regime introduces a structured incentive for businesses investing in innovation, offering progressive tax credits based on qualifying R&D expenditure and staffing levels. This article explains how the regime works, how much businesses can benefit, and what is required to access the relief.
The DIFC Courts have clarified that anti-suit injunctions in support of arbitration agreements turn not on whether foreign proceedings are vexatious or oppressive, but on whether a binding arbitration agreement has been breached. This article explores the evolving legal test, its common law foundations, and the practical implications for arbitration practitioners operating in the DIFC.
As regional uncertainty impacts business operations, UAE employers must balance financial sustainability with employee retention. This article outlines practical and legal workforce management options under UAE Labour Law during times of crisis.
The DIFC Court of First Instance has held two individuals and a company in contempt of court for breaching an injunction and anti-suit injunction in Oswin v Otila & Ondray (ARB-032/2025). The Court imposed fines of USD 75,000 on each contemnor, awarded costs on an indemnity basis, and referred the matter to the Attorney General of Dubai for consideration of committal.
Dubai’s economic success is the result of visionary leadership, strategic planning, and an environment that encourages ambition and innovation. In this article, Hafidh A. Thani explores the foundations of Dubai’s economic confidence and its role as a global hub connecting East and West.
Disruptions in the Strait of Hormuz are raising concerns across global shipping and logistics networks. Drawing lessons from the COVID-19 pandemic, businesses should proactively review contracts, assess force majeure provisions, and evaluate risk allocation across supply chains to mitigate potential legal and commercial disputes.
M&CO Legal secures a landmark victory in Dubai, protecting the rights of bona fide villa purchasers in a complex real estate dispute. The case reinforces trust in the market and safeguards investors against historical title defects.
The UAE’s new R&D Tax Credit will reshape how Dubai companies invest in innovation. Learn what it means for your business, how to prepare your documentation, and how to maximise value under the UAE corporate tax framework.
M&CO secured a landmark ruling from the UAE Court of Cassation, fully discharging Marka’s Board Directors from an AED 513 million bankruptcy claim and reinforcing that personal liability in bankruptcy is exceptional under UAE law.
The DFSA’s latest DIFC crypto rules shift responsibility for crypto token suitability to authorised firms, increasing governance, documentation, and compliance obligations for exchanges, custodians, and brokers.
This article examines the action for non-enforceability of dispositions under the UAE Civil Transactions Law and analyses recent Dubai Court of Cassation jurisprudence confirming that duly agreed attorney’s professional fees fall outside the scope of creditor challenges.
Startups in the UAE have several options when raising early-stage capital, from priced equity rounds to convertible notes and SAFEs. Each instrument carries unique legal and commercial implications, and choosing the right structure can significantly impact investor confidence, founder control, and long-term growth. This guide breaks down the key differences and the legal frameworks founders must understand before raising their first round.
In one of the year’s most significant intellectual property enforcement efforts, M&CO Legal’s Dispute Resolution Team successfully represented a regional e-commerce leader in three coordinated IP infringement cases before UAE courts — achieving favorable, final, and binding outcomes that fully restored the client’s brand exclusivity.
On 2 September 2025, the Conflicts of Jurisdiction Tribunal (CJT) issued a landmark decision in Serene Resources DMCC v Energen DMCC, holding that the DIFC Courts lacked jurisdiction to enforce a Dubai-seated SIAC award while set aside proceedings were ongoing in the Dubai Courts. The ruling underscores the primacy of the Dubai Courts as the “holder of general jurisdiction” and signals a shift in the enforcement framework within the DIFC, with significant implications for award
This article examines what happens when a UAE limited liability company (LLC) undergoing voluntary liquidation is found to have insufficient assets to cover its debts. It explores the legal framework under the UAE Companies Law and Bankruptcy Law, discusses the liquidator’s duties, and clarifies the extent of shareholder and director liability, supported by Ministry of Justice opinions and recent Dubai Court of Cassation rulings.
This article explores the concept of ‘exceptional urgency’ under DIAC Rules 2022, offering practical guidance and examples from leading arbitral institutions to help secure expedited proceedings.
Voluntary liquidation allows shareholders of a solvent LLC in the UAE to close operations in an orderly manner. This guide outlines the legal framework, procedural requirements, and key steps shareholders must follow to ensure compliance with the UAE Companies Law.
The UAE Supreme Federal Court has clarified that arbitral awards are valid with a signature on the final page alone. This landmark decision unifies judicial principles, prioritizes substance over form, and strengthens confidence in arbitration across the UAE.
In a landmark decision, the UAE courts refused a European state’s extradition request, emphasizing the importance of territorial jurisdiction, evidentiary sufficiency, and strategic defence in complex international legal matters.
This article provides a focused analysis of how MOHRE complaints impact labour disputes in the UAE, particularly in unlawful termination claims. It examines the legal thresholds, procedural deadlines, and court interpretations under Federal Decree-Law No. 33 of 2021.
The UAE is rapidly emerging as a global hub for art and culture, with significant investments in museums and creative industries. While artwork is not classified as a financial security under UAE law, it can be legally used as collateral for loans under the Federal Decree Law No. 4 of 2020 and registered through the Emirates Movable Collateral Registry (EMCR). Despite practical challenges such as valuation and authenticity risks, the evolving legal framework offers promising
Discover why holding your intellectual property assets in a separate legal entity is essential for effective management, protection, and maximizing the value of your business. Learn the legal advantages and practical benefits under UAE law.
A recent Dubai Court of Appeal judgment underscores a critical procedural principle in arbitration: tribunals must not award relief that was never expressly requested by a party. Doing so may constitute an excess of jurisdiction under Article 53(1)(h) of the UAE Arbitration Law, potentially rendering the award void. This article explores the boundaries of arbitral authority and the importance of adhering strictly to the relief sought by the parties.
Explore the critical role of maritime law in global trade, its evolution through history, and the challenges posed by technological advancements like autonomous shipping. Learn about international treaties, arbitration, and the UAE's pivotal role in maritime legal frameworks.
As global tariff wars escalate, small consumer goods—from smart appliances to everyday electronics—are caught in the crossfire. Rising import taxes and supply chain disruptions are driving up costs, squeezing profit margins, and reshaping global trade dynamics. This article explores the hidden impact of tariff hikes, the growing risk of market monopolization, and the legal uncertainties surrounding trade disputes in 2024.
Pathological clauses in arbitration agreements—those that are vague, contradictory, or incomplete—pose significant challenges to dispute resolution. This paper examines how such clauses are treated in the UAE, Egypt, and Jordan, analyzing legal frameworks and judicial interpretations. While all three jurisdictions empower arbitral tribunals to interpret unclear agreements, courts may intervene where ambiguity undermines enforceability. A well-drafted arbitration clause is essential to avoid procedural delays and ensure efficient resolution.
The UAE has introduced Federal Personal Status Law No. 41 of 2024, replacing the previous Law No. 41 of 2022, with key reforms to strengthen family stability and modernize legal procedures. Notable changes include switching to the Gregorian calendar for legal durations, expanding women's rights in divorce cases, adjusting financial obligations, and extending child custody until age 18. Set to be enforceable by April 15, 2025, these amendments reflect the UAE’s commitment to progressive legal
The Abu Dhabi Court of Cassation recently annulled an arbitration award, emphasizing the mandatory requirements for valid arbitration agreements under UAE Arbitration Law. The ruling underscores the need for proper authority, written agreements, and the limits of procedural waivers in arbitration disputes.
M&CO continues to strengthen its position as a leading law firm in the Middle East, and Tariq Khan’s appointment further solidifies its commitment to providing top-tier dispute resolution services to clients across the globe.
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.
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
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.
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.
Explore the new licensing framework, responsible gaming measures, and the legal landscape as the UAE embraces a regulated gaming industry.
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.
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
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.
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
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,
Emiratization is the UAE government's initiative to increase the number of UAE Nationals employed in the public and private sectors. (Note, the remainder of these questions solely address questions regarding Emiratization requirements for mainland private sector companies).
As part of the continuous efforts of the Federal Tax Authority (FTA) to assist corporate taxpayers to understand and manoeuvre through the complexities of the corporate tax regime of UAE, FTA has released the latest Business Restructuring Relief Guide for Corporate Tax Purposes (Guide). However please be mindful that, unlike Tax laws, FTA Guidelines are not legally binding.
AI has become a focal point across news platforms, dominating discussions on social media and prompting government attention due to concerns over its potential misuse. In our analysis, we delve into the dual aspects of AI, highlighting its positive outcomes and limitations. We also offer suggestions for individuals and organizations to harness AI's benefits while managing associated risks. Additionally, we explore the UAE government's initiatives in the realm of AI and contemplate its future implications.
The article discusses the UAE’s new law which aims to fortify the legal framework and processes to combat potential money laundering and the financing of terrorism by delegating, amending and clarifying existing responsibilities within the framework, as well as demonstrating a proactive approach through the adoption and implementation of new reporting mechanisms.
The article discusses the UAE’s new law which aims to fortify the legal framework and processes to combat potential money laundering and the financing of terrorism by delegating, amending and clarifying existing responsibilities within the framework, as well as demonstrating a proactive approach through the adoption and implementation of new reporting mechanisms.
On 22 January 2024, the Dubai Court of Appeal (“DCA”) issued a judgment (the “Judgment”) that will be welcomed as a step in the right direction on the issue of legal costs in UAE-seated arbitrations conducted under the DIAC Rules
We are thrilled to share that our Firm has been featured in the prestigious Chambers and Partners Global Guide 2024.
The recent announcement by the Abu Dhabi Chamber of Commerce and Industry (ADCCI) regarding the launch of arbitrateAD, officially known as the Abu Dhabi International Arbitration Centre (ADIAC), marks a significant milestone in Abu Dhabi's arbitration landscape.