August 2024 – Wasel & Wasel

The Regulatory Void: Why Space Flight Suppliers Face Heightened Risks

As the commercial space flight industry continues to expand, the nature of liability within this domain presents challenges that are distinctly different from those faced in more established industries. While certain principles, such as the need for robust contracts and clear indemnification clauses, are universal, the specific hazards, regulatory requirements, and the sheer novelty of […]

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British Columbia Supreme Court on Court Applications Rendering Arbitration Agreements Inoperable

Toronto / Mahmoud Abuwasel

In the recent case Montaigne Group Ltd. v. St. Alcuin College for the Liberal Arts Society, 2024 BCSC 1465, the Supreme Court of British Columbia examined the interaction between court applications and the enforceability of arbitration agreements. The court’s findings provide significant insights into how actions taken in court can potentially render an arbitration agreement

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Australian High Court on Functus Officio and De Novo Review of Arbitration Awards

Melbourne / Mahmoud Abuwasel

The High Court of Australia’s ruling in CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 marks a significant development in the jurisprudence surrounding the finality of arbitral awards and the extent to which courts can intervene in arbitral proceedings. This decision centers on whether an arbitral tribunal, after issuing an interim

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War Series: Civil War and Force Majeure in Global Construction

War Series / Mahmoud Abuwasel

The arbitration between Ermir İnşaat Sanayi ve Ticaret A.Ş. and Biwater Construction Ltd., adjudicated by a sole arbitrator under the ICC Arbitration Rules, offers several critical lessons for construction companies operating in regions vulnerable to civil unrest. This case, which revolved around a construction project in Libya that was interrupted by the First Libyan

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War Series: Defining ‘War’ in Arbitration Awards and NATO Operations (Kosovo)

War Series / Mahmoud Abuwasel

The arbitration award referenced in the UK Court of Appeal judgment [2002] EWCA 1878 delves deeply into the meaning of ‘war’ as interpreted by arbitration tribunals and its implications for contractual obligations. This award, rendered by a distinguished panel of arbitrators, underscores the nuanced approach that arbitration tribunals take in defining what constitutes a

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Dubai Courts on Criminality of Unlicensed Virtual Asset Operations

Abu Dhabi / Mahmoud Abuwasel

In a recent decision by the Dubai Court of Appeal, Judgment No. 829 of 2023, the court identified the criminal conviction of a former employee who was found guilty of both embezzling funds and engaging in virtual asset service activities without obtaining the necessary license from the relevant regulatory authorities. This case serves as

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Dubai Courts Confirm Employment Salaries are Payable in Cryptocurrency

Abu Dhabi / Mahmoud Abuwasel

In a significant evolution of the UAE judiciary’s approach to cryptocurrency, the Dubai Court of First Instance has made a landmark ruling in 2024, effectively recognizing the payment of salaries in cryptocurrency under employment contracts. This decision, rendered in case number 1739 of 2024 (Labour), represents a notable departure from a previous judgment by

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Taxpayer Victory: Abu Dhabi Court Allows Recovery of VAT from Non-Compliant Suppliers

Abu Dhabi / Mahmoud Abuwasel

In a recent judgment by the Abu Dhabi Cassation Court, the UAE judiciary has delivered a crucial ruling that has significant implications for taxpayers across the country, particularly concerning the longstanding controversies surrounding Value Added Tax (VAT) refunds. This decision, encapsulated in Judgment No. 648/2024 issued on August 8, 2024, addresses the recurring issue

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Dubai Primary Court 1024/2024: Evidence Requirements and Director Accountability in Cryptocurrency Claims

Abu Dhabi / Mahmoud Abuwasel

Introduction As the UAE courts increasingly face cases involving cryptocurrency transactions, it becomes essential to understand the legal complexities and the critical need for robust evidence. The Dubai Primary Court’s recent judgment in case number 1024 of 2024, issued on 21 May 2024, underscores this necessity. This article examines the importance of presenting acceptable

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War Series: When Geopolitics Meets Arbitration in the UTI vs. Iran Case

War Series / Mahmoud Abuwasel

In the arbitration case United Technologies International, Inc. v. Islamic Republic of Iran, the Tribunal faced a complex dispute arising from the Iranian Revolution and subsequent geopolitical upheavals. At the heart of the matter were helicopter components that Iran Helicopter Support and Renewal Company (IHSRC) had shipped to United Technologies International, Inc. (UTI) for

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