March 2021

War Series: The 1923 Arbitration on War-Risk Premiums

UAE Cassation Court rules arbitration clause is suspensive condition

  In March 2021, the highest court in the Emirate of Abu Dhabi, the Abu Dhabi Cassation Court, upheld the denial of the enforceability of an arbitration agreement due to the clause merely stating that arbitration shall be governed by the laws of the United Arab Emirates without explicit scope to any disputes. The Cassation […]

UAE Cassation Court rules arbitration clause is suspensive condition Read More »

War Series: Exhaustion of Remedies in Lessons from the Finnish Shipowners' War-Time Arbitration

Dubai Cassation Court rules FIDIC arbitration clause not enforceable

  In a recent judgment, the highest Court in Dubai, the Dubai Cassation Court ruled that incorporating a FIDIC contract (general conditions) by reference into a transaction does not necessarily bind the parties to the arbitration clause therein that FIDIC contract (general conditions). In this judgment, the Dubai Cassation Court also sheds light on the

Dubai Cassation Court rules FIDIC arbitration clause not enforceable Read More »

Stopping Tax Enforcement in the UAE: Recent Court Judgment Guidance

New Dubai Tax Dispute Resolution Committees now deciding on 2020 and 2021 objections

  Brief Since around September 2020, the tax dispute resolution committee of the Emirate of Dubai has been inoperable (under reformation). On 25 November 2020, the UAE Minister of Justice issued Ministerial Decree No. 691/2020 on the Formation of Tax Dispute Resolution Committees for the Emirate of Dubai. The Emirate of Dubai previously had only

New Dubai Tax Dispute Resolution Committees now deciding on 2020 and 2021 objections Read More »

Dubai Landmark Judgment on the Requirement for Signature of a Dissenting Arbitrator

Entering the Lebanese Cannabis Market Extra-Jurisdictionally

  On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis (the “Lebanese Cannabis Law”). Despite an emphasis on the use of cannabis for medical purposes, the Lebanese Cannabis Law permits the use of cannabis for “industrial” purposes as well, which many investors seeking to

Entering the Lebanese Cannabis Market Extra-Jurisdictionally Read More »

Subpoenas in Arbitration in Australia: Recent Guidance by the Supreme Court of Victoria

Foreign Investments in Lebanon for Medical Cannabis Investors

  On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. The passing of the law by Lebanon creates an opportunity for leading medical cannabis companies globally to enter the Lebanese market. There are six classes of license applicants including foreign companies licensed in their

Foreign Investments in Lebanon for Medical Cannabis Investors Read More »

Landmark Ontario Superior Court of Justice Ruling on Arbitration Agreements and Unforeseeable Ground Conditions in Construction (CCDC)

PRECEDENT: UAE Supreme Court pierces the corporate veil and finds foreign company liable for its UAE subsidiary in USD 1.2 billion energy dispute

  Summary The UAE Supreme Court ruled that foreign companies engaging in commercial activities in the UAE are liable for the actions of their UAE subsidiaries even where the UAE subsidiary is the party to the contract in dispute and not the foreign company. The Supreme Court considered the following arguments: The ownership percentage of

PRECEDENT: UAE Supreme Court pierces the corporate veil and finds foreign company liable for its UAE subsidiary in USD 1.2 billion energy dispute Read More »

Understanding Tax Group Liability: Key Lessons from Recent Dubai Court Cases

UAE Cassation Court finds arbitration agreement waived if parties engage in court proceedings

  In a recent judgment by the Abu Dhabi Cassation Court, the Cassation Court found that the engagement of parties in the court and expert procedures – even whilst challenging the jurisdiction of the courts due to an arbitration agreement – should be considered by the courts in determining whether the party challenging jurisdiction has

UAE Cassation Court finds arbitration agreement waived if parties engage in court proceedings Read More »

DIFC Court of Appeal Affirms Enforceability of Foreign Interim Arbitral Awards (Neal v Nadir)

What the Normalization of GCC Relations Means for your Business

Recent reports of the thaw in the chilled relations between Qatar and the countries of the GCC previously boycotting Qatar are welcome news to businesses operating in the Gulf. The normalization of political relations between the GCC countries pursuant to the AlUla Declaration that was signed in the first week of January 2021 in the Kingdom of

What the Normalization of GCC Relations Means for your Business Read More »

Impact of the U.S. Supreme Court overturning of the Chevron Doctrine on Commercial Space Regulation

UAE Supreme Court extends time limit to challenge decisions of the tax dispute committees

  In a precedent-setting judgment that Wasel & Wasel acted as counsel on, the UAE Federal Supreme Court ruled on provisions governing notifications of decisions taken by the tax dispute resolution committees, and their effect on the time limitation to challenge such decisions before the Federal Primary Court. The Supreme Court found that an objection

UAE Supreme Court extends time limit to challenge decisions of the tax dispute committees Read More »