Abu Dhabi

When Iran Sued NASA: A Lesson in Earnest Money and Space Launch Transactions

Recent Decree Abolishes the Emirates Maritime Arbitration Centre and the DIFC Arbitration Institute

  On 14 September 2021, H.H. Sheikh Mohammed bin Rashid Al Maktoum – the Ruler of Dubai – issued Dubai Decree No. 34/2021 (the Decree), which ameliorates and enhances the position of the Dubai International Arbitration Centre (DIAC) in the global industry and completely redefines the arbitration ecosystem in Dubai. Click here to read our coverage […]

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Supreme Court of Western Australia on the Limits of Expert Determination vs. Arbitration

Dubai Courts order new condition for construction claims mandating the filing of an authorized expert report (also for liquidation and intellectual property claims)

  Brief  The Dubai Courts issued Circular No. 9/2021 on 13 September 2021 mandating that an authorized expert prepared technical report be filed when submitting a statement of claim related to construction, liquidation, or intellectual property claims for acceptance of the claim. The Circular instructs the case management office of the Dubai Courts to reject

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The Regulatory Void: Why Space Flight Suppliers Face Heightened Risks

Dubai Judicial Authority orders DIFC Courts as courts of original jurisdiction under the NY Convention

  Brief In a recent judgment by the Joint Judicial Tribunal in March 2021, the Tribunal ordered that: “…the United Arab Emirates is a party to the New York Convention for the recognition of foreign arbitration decisions and their implementation by Decree No. 43 of 2006, which states to accept the procedure in any jurisdiction

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

UAE Supreme Court sets new test for tax dispute time limits (extensions)

  In a recent judgment, the Federal Supreme Court ruled that the time limits related to tax disputes do not necessarily commence when notification is issued – but rather require evidence of the receipt and fulfillment of knowledge of the taxpayer of that decision and its contents. The Supreme Court judgment sets a new test

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War Series: Civil War and Force Majeure in Global Construction

Dubai Cassation Court rejects enforcement of unsigned arbitration award

  In April 2021, the Dubai Cassation Court refused to grant an arbitration award writ of enforcement for violation of public policy on the grounds that the reasoning and decision of the award were not signed by the arbitrator. Background In 2020, a net-winner of an international / foreign arbitration proceeding submitted the arbitral award

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

Restrictions on unincorporated joint ventures disputing taxes and tax penalties in the UAE

  Issue Companies often engage in, and operate projects, in the UAE through a joint venture or consortium structure. This is often the case in the construction industry. Generally, these joint ventures or consortiums are unincorporated – meaning that the parties making up the joint ventures do not incorporate a company but are rather organized

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

Dubai Cassation Court clarifies challenging interim and precautionary arbitration orders

  In a recent judgment, the Dubai Cassation Court clarified the procedure for challenging arbitration-related interim and precautionary orders issued by the competent court or the arbitral tribunal (or arbitrator). Case The contract between the plaintiff and the defendant is governed by an arbitration clause. The plaintiff is the beneficiary of a bank guarantee provided

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

Federal Supreme Court restricts tax clarification disputes

  In late April 2021, the UAE Federal Supreme Court issued the first judgments on disputes arising out of tax private clarifications. The disputes had previously been adjudicated on by the Dubai tax dispute resolution committee, and by the Federal Primary Court and the Federal Appeals Court. The Federal Supreme Court rejected the previous judgments

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