Abu Dhabi

Flying Fish 1

Affect of Recent UAE Bankruptcy Legislation on Businesses Facing Cash Flow Difficulties

In March of 2019, an Emirati limited liability company (the “LLC”) had restructured its debts under the Bankruptcy Law; Federal Decree-Law No. 9 of 2016 which was first published in the Official Gazette on 29 September 2016 and came into force on 29 December 2016. Under Chapter 4 of the Bankruptcy Law the Bankruptcy Circuit […]

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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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Supreme Court of British Columbia Overturns Arbitrator's Decision Due to Procedural Unfairness

Arbitration Filing in the UAE Courts: Developments and Technology

The United Arab Emirates Arbitration Law (Federal Law No. 6 of 2018) came into effect in June of 2018 after being published in the Federal Official Gazette number 630 on the 15th of May, 2018. Since then, the UAE courts have been implementing internal processes – both administrative and technological – to comply with the Arbitration

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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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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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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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