Abu Dhabi

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 Court finds Canadian company and its owner liable in USD 7M cryptocurrency dispute

UAE Tax Judges: Textualism or Original Intent? (and private clarification disputes)

In comparison with general dispute practices, tax disputes are subject to a limited number of judges; three judges at the tax dispute resolution committees (TDRCs), one judge at the Tax Disputes Circuit of the Federal Primary Court, one judge at the Tax Disputes Circuit of the Federal Appeals Court, and the Chief Justice at the

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Is the UAE having a Geopolitical Golden Goose Moment?

Two tax dispute resolution committees formed for Dubai (Decree No. 691/2020)

  Since around September 2020, the tax dispute resolution committee of the Emirate of Dubai has been inoperable (under reformation). Objections that have been filed since then with the Dubai tax dispute resolution committee had not been decided on. On 25 November 2020, the UAE Minister of Justice issued Ministerial Decree No. 691/2020 on the

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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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Dubai Appeals Court Upholds Compensatory Damages for Cryptocurrency Embezzlement

UAE Sports Arbitration Centre Kicks Off Operations

  The Court of Arbitration for Sport (“CAS”) is based in Switzerland and is considered the elite international dispute resolution forum for legal disputes relating to sports, including commercial disputes (i.e., issues arising from sponsorship agreements or player contracts) and discipline (i.e., doping, non-compliance with codes of conduct). CAS also acts as an appeals court

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Preventing a ‘Rug Pull': Ontario Superior Court on Risk of Crypto-Asset Flight and Freezing NFTs

Coronavirus (COVID-19): Emirati and Sharia law on pandemics and hardship events

With the disruption to global business and trade due to the Coronavirus pandemic, parties may look to argue hardship events under the law to alleviate extraneous obligations (such as an extraneous increase of cost in concluding the obligation). Hardship events are occurrences that result in changing the equilibrium of a contract creating an extreme burden

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Legal Risk for Australian Businesses in Cross-Border Transactions

Qatar Financial Center Tribunal Acknowledges COVID-19 as Hardship Event

On 10 August 2020, the Regulatory Tribunal of the Qatar Financial Center issued a decision whereby it recognized COVID-19 as a hardship event in an appeal by a former director (and Senior Executive Function) of a regulated entity against penalties of USD 50,000 for breaches of the AML/CFT and various general regulatory contraventions. The financial

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

UAE Supreme Court extends time limit to challenge decisions of the tax dispute committees

  In a precedent-setting judgment that Wasel & Wasel acted as counsel on, the UAE Federal Supreme Court ruled on provisions governing notifications of decisions taken by the tax dispute resolution committees, and their effect on the time limitation to challenge such decisions before the Federal Primary Court. The Supreme Court found that an objection

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UAE Tax Disputes: Silence Is No Longer Refusal at the Committee Stage (Supreme Court 388/2024)

First constitutional tax case: why was it rejected and how are constitutional cases litigated in the UAE?

Over the years, constitutional appeals have been filed before the Constitutional Circuit of the Federal Supreme Court for a plethora of matters, with the first constitutional judgement having been issued on 29 November 1973. Most recently – in rough figures – four constitutional appeals were filed in 2019, two in 2018, one in 2017 and

First constitutional tax case: why was it rejected and how are constitutional cases litigated in the UAE? Read More »