March 2021

Superintendent's Certificate to Arbitration: Interpreting Liquidated Damages from a Queensland Court of Appeal

Now that you paid a tax penalty – have you looked at your tax indemnification agreements for recourse?

Scene You are a services or goods provider registered as a taxpayer with the Federal Tax Authority. You are facing liquidity and cash flow difficulties. You have customers; you have issued tax invoices, but your invoices are unpaid. In consequence, due to liquidity issues, you are late in paying your due taxes. A few weeks […]

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War Series: When Does Port Congestion Become ‘Restraint of Princes'? Lessons from Sanko Steamship v. Navios 1982 Arbitration

General Data Protection Regulation – Two years on, are you compliant?

The EU General Data Protection Regulation came into effect on 25th May, 2018 (“GDPR”) and is coined as the most comprehensive changes to data protection around the world in the last 20 years. The GDPR rules apply to almost all private sector processing by organizations in the EU or by organizations outside the EU which target

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ADGM Courts and Arbitrations Administered by the ICC ADGM Office: A Revisited Look at the Onshore/Offshore Divide in Light of Recent UAE Decisions

Demystifying Disputes in Country-by-Country Reporting Compliance

Country-by-Country Reporting (CbCR) compliance obligations for multinational entity groups (MNCs or multinational companies) were introduced in the UAE in mid-2019 via Cabinet Resolution No. 32 of 2019, where the first notification and reporting deadline was set for 31 December 2019. There is no shortage of industry experts in the UAE to have assisted MNCs with

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Dubai Cassation Court Exempts Pre-2018 Supplies from VAT in Construction of Property That Extended Past 2018 into VAT Implementation

Constitutional Circuit of the UAE Federal Supreme Court Re-Opens Avenues for Appealing Against Court Seizure Orders / Garnishments

Background The Executive Regulations to the UAE Civil Procedures Law that came into effect in early 2019 amended the right of persons to appeal to seizure orders limiting the right to only the distrainee (the debtor whom the order is issued against). Prior to this amendment, the distrainee, the judgment creditor, and any concerned person

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War Series: Trump's Tariffs and How US Businesses Can Challenge Foreign Retaliatory Tariffs Under Bilateral Investment Treaties

Supreme Court Ruling: Defamation via Snapchat (Parody and the DIFC IP Law)

Case facts, arguments, and Federal Supreme Court ruling In late 2018, a complaint was filed before the public prosecution alleging the editing and alteration of an advert video on Snapchat by the accused for purposes of mocking and defaming the advertiser (the complainant/victim). The complaint was filed pursuant to Article 21 of the Cybercrime Law

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When Crypto Claims Collide with Multiple Jurisdictions: Lessons from Coinbase

Tax Trials & Construction Disputes: Considerations of VAT on Liquidated Damages (UAE)

VAT on Liquidated Damages Construction litigation is generally segmented into two claims. The first is a claim for sums that are due but unpaid, whether contractually or on quantum meruit basis, generally for a transaction which has concluded. The second type of claim is compensation for a transaction that has not taken place, i.e. no underlying service

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When Private Keys Mean Real Control: A Landmark Ruling on Crypto

UAE Supreme Court Rules No Privacy Invasion via WhatsApp

The case involved a husband (the defendant) who took a video of his wife (the complainant) and sent the video recording to the complainant’s mother instantaneously through the instant messaging application; WhatsApp. The complainant/wife filed a criminal complaint against the defendant/husband for breach of Federal Decree-Law No. 5/2012 on Combating Cybercrimes (the “Cybercrime Law”) which

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A New Gateway to Challenge UAE FTA Decisions Through Enforcement: Analysis of Judgment No. 1322 of 2024 (Supreme Court - Administrative)

Supreme Court Ruling: Agreeing to Arbitration by E-mail and Instant Messaging?

In the last quarter of 2019, the United Arab Emirates Federal Supreme Court issued a judgment stating that agreeing to arbitration between parties could occur by electronic means and digital messaging. The judgment confirms Article 7(2)(a) of the Federal Arbitration Law which states that an arbitration agreement is deemed to be in writing if it

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UAE Supreme Court 212/2023: Empowering Taxpayers when Evidence is with the FTA

How the New FTA Public Clarifications Guide Affects Tax Disputes

In October – November 2019, the Federal Tax Authority issued an updated Clarifications User Guide (USEG001) replacing its predecessor version from June 2018. Item ‘6′, pg. 10, of the previous version of the Clarification stated that: “Once a response is issued by the FTA, you may decide whether to follow the Clarification provided by the

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