July 2024

Stopping Tax Enforcement in the UAE: Recent Court Judgment Guidance

Stopping Tax Enforcement in the UAE: Recent Court Judgment Guidance

  The enforcement of tax payment orders issued by the Federal Tax Authority (FTA) in the UAE can often lead to court enforcement applications by the FTA to seize assets of delinquent taxpayers. The federal primary court in Abu Dhabi executes FTA applications to enforce tax debts. When a taxpayer challenges and stops tax enforcement […]

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

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

  The recent ruling in Case Number 11 of 2024 by the Dubai Court of Appeal, issued on 29 April 2024, sets a pivotal precedent regarding the requirement for the signature of a dissenting arbitrator. This judgment reinforces the principles outlined in the arbitration law, emphasizing the integrity and robustness of arbitration procedures even when

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

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

In the recent decision of Carlisle Homes Pty Ltd v Schiavello Construction (Vic) Pty Ltd [2024] VSC 283, Justice Croft of the Supreme Court of Victoria has provided a critical judgment that underscores the principles governing the issuance of subpoenas in the context of commercial arbitration. This ruling, delivered on May 31, 2024, is a

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

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

The recent decision in The Trustees of the Knox Presbyterian Church Manotick v. Oakwood Designers & Builders Inc. issued by the Ontario Superior Court of Justice on 10 June 2024 provides a compelling examination of arbitration agreements and the interpretation of construction contracts. Justice Corthorn’s ruling addressed critical issues related to dispute resolution methods, the

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

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

  In recent years, the intricacies of liability among members of tax groups have become increasingly relevant in commercial dealings. Several judgments from the Dubai Courts provide profound insights into this subject, highlighting the nuanced interpretations and applications of the law. This article delves into three pivotal cases, underscoring the complexities of liability within tax

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Abu Dhabi Court's Landmark Decision: No Tax Invoice

Abu Dhabi Court’s Landmark Decision: No Tax Invoice, No Tax Claim

  The ruling No. 229 of 2024 by the Court of Cassation in Abu Dhabi on 04 April 2024 sets a new precedent regarding the necessity for taxpayers to provide tax invoices to claim tax debts from debtors. This judgment underscores the importance of adhering to formal documentation requirements in tax matters, ensuring that taxpayers

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

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

  First published on LexisNexis on 04 June 2024 at: https://www.lexisnexis.co.uk/legal/news/difc-court-of-appeal-affirms-enforceability-of-foreign-interim-arbitral-awards-neal-v-nadir Mini-summary In the case of Neal v Nadir [2024] DIFC A 001, the Dubai International Financial Centre (DIFC) Court of Appeal upheld the enforceability of foreign interim arbitral awards, reinforcing the DIFC’s commitment to arbitration and international legal standards. The court held that interim

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

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

  In 1984, the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision established the Chevron Doctrine, a cornerstone of administrative law in the United States. This doctrine directed courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes. Its influence extended across various sectors, including emerging fields like commercial space, where regulatory

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