March 2021

UAE Supreme Court on Retroactive Tax Liability for Pre-2018 Building Projects

UAE Supreme Court ruled tender committee liable for contractor’s rejected bids of 65 million Dirhams

  In the late nineties, a contractor sued a government tender committee for AED 65,467,250 in compensation for losses and lost earnings as a result of not being awarded five tenders related to construction and maintenance works that the contractor had bid for. The contractor argued that its five bids contained the lowest prices and […]

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Vanishing Arbitration: U.S. Court Rejects DIAC Jurisdiction Post DIFC-LCIA Abolition

UAE Supreme Court rules late payment penalties apply to voluntary tax disclosures

  Issue The first case involving the method of calculating late payment penalties on voluntary disclosures has been adjudicated by the Federal Supreme Court. The Federal Supreme Court has taken a position divergent from that of the tax dispute resolution committees, and the Federal Primary and Federal Appeals Courts on this matter. The judgment is

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UAE Supreme Court Insight on Free-Zone Corporate Tax Exemptions

UAE Federal Primary Court applies Supreme Court ruling on late tax payment penalties

  Since early 2019, the tax dispute resolution committees, and Federal Primary and Federal Appeals Courts have ordered the invalidity of applying late payment tax penalties capped at 300% retroactively to voluntary disclosures. On 14 October 2020, the Federal Supreme Court overturned the position taken by the committee and Court judges, and ordered that voluntary

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UAE Supreme Court Judgment on Constitutional and Sharia Limits of Tax Penalties

ICC Unveils the 2021 Rules of Arbitration: Adding More Gold to the Pot

  The ICC International Court of Arbitration is without a doubt the most preferred arbitral institution worldwide. The ICC Rules of Arbitration provide the greatest deference to party autonomy – allowing parties to arbitration the opportunity to select the arbitral tribunal – and offers a high level of flexibility, by implementing any procedural option chosen

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Designer / Architect Delay Claims: Insights from the Ontario Superior Court of Justice

Getting The Deal Through 2021: Tax Controversy – UAE Chapter

  The #1 global guide on tax disputes and procedures. A guide to disputes and controversy arising from complex and multi-layered modern tax laws, with international experts providing overviews and in-depth analysis of relevant legislation and regulation, including jurisdiction-specific tax authorities and third parties, taxpayer rights, enforcement and penalties, dispute resolution methods, and court and

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Supreme Court of Victoria Affirms Judicial Restraint in Arbitral Appeals

Investment Treaty Arbitration and USD 3 Billion in Taxes

  In 2007, Vodafone International Holding, a Dutch company, bought 100% of the shares of CGP Investments, a Cayman Island-based company, for USD 11.1 billion for the indirect control of 67% of Hutchison Essar Limited, an Indian company. The Indian tax department determined that the deal was designed to avoid capital gains tax in India,

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Exceptional Taxation: UAE Supreme Court Rules on Domestic and Foreign Related Companies' Tax Liabilities

UAE Federal Court Restricts Time Limit on Tax Reconsideration Requests

  Brief One of the most common questions asked regarding tax reconsideration requests is the consequence of not receiving a response from the Federal Tax Authority (“FTA”) within the statutory timeframe of twenty-five weekdays. The UAE Federal Courts have recently addressed this issue in opining that – if no decision is taken on the reconsideration

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Ownership

As the Dubai tax dispute committee possibly reforms – does it affect your right to object to tax penalties?

Brief The tax dispute resolution committees were formed pursuant to the Tax Procedures Law, its Executive Regulations, and specifically Cabinet Decision No. 23/2018. The Dubai tax dispute resolution committee (“Dubai TDRC”) was formed pursuant to Ministerial Decision No. 109/2019 which named the primary judge, the two experts, and the alternate judge as the committee members.

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Unveiling the Veil of Arbitration Secrecy: The Supreme Court of Western Australia in Wright Prospecting v Hancock Prospecting

President Trump Signs Into Effect a Policy for Space Cybersecurity

The days of the commercial space industry revolution have dawned upon us. With corporations like SpaceX and Virgin Galactic leading the charge, humanity’s grasp for the stars is getting tighter and tighter with each week that passes. But as the commercialization of space becomes a more conventional concept and nations begin to scheme for the

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