Our
Intelligence
Sharp analysis designed to move your business forward in a complex world.
We leverage our deep sector knowledge to keep you ahead of the curve.
The insights, data, and foresight required for informed leadership.
Washington D.C.
Thought leadership from our Washington D.C. office on geopolicy, international disputes, and the space industry.
Abu Dhabi
Premium coverage from our Abu Dhabi office on domestic litigation, tax disputes, and arbitration matters in the UAE.
Melbourne
Leading content from our Melbourne office on commercial arbitration and government disputes in Australia.
Toronto
Latest coverage from our Toronto office on construction disputes and international arbitration in Canada.
War Series
Insights into historic and modern disputes in wartime for businesses navigating commerce in modern conflict zones.
Special Reports
Comprehensive, long-form analysis and downloadable white papers designed for deep-dive research and strategic planning.
Briefings
Enter search terms or filters below, or contact us directly for a confidential discussion regarding your specific needs.
Filter by Category
Use the dropdown menu to narrow the results by category or utilize the text search for specific interests.

General Data Protection Regulation – Two years on, are you compliant?
The EU General Data Protection Regulation came into effect on 25th May, 2018 (“GDPR”) and is coined as the most comprehensive changes to data protection around the world in the last 20 years. The GDPR rules apply to almost all private sector processing by organizations in the EU or by organizations

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

Constitutional Circuit of the UAE Federal Supreme Court Re-Opens Avenues for Appealing Against Court Seizure Orders / Garnishments
Background The Executive Regulations to the UAE Civil Procedures Law that came into effect in early 2019 amended the right of persons to appeal to seizure orders limiting the right to only the distrainee (the debtor whom the order is issued against). Prior to this amendment, the distrainee, the judgment

Supreme Court Ruling: Defamation via Snapchat (Parody and the DIFC IP Law)
Case facts, arguments, and Federal Supreme Court ruling In late 2018, a complaint was filed before the public prosecution alleging the editing and alteration of an advert video on Snapchat by the accused for purposes of mocking and defaming the advertiser (the complainant/victim). The complaint was filed pursuant to Article

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

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

38 Tax Disputes Filed in Dubai in 2019: Lessons Learned
The tax dispute resolution committees began operation in 2019. There are three tax dispute resolution committees in the United Arab Emirates: one in Abu Dhabi dedicated to taxpayers with a registered address in Abu Dhabi; one in Dubai dedicated to taxpayers with a registered address in Dubai; and one in

Supreme Court Ruling: Agreeing to Arbitration by E-mail and Instant Messaging?
In the last quarter of 2019, the United Arab Emirates Federal Supreme Court issued a judgment stating that agreeing to arbitration between parties could occur by electronic means and digital messaging. The judgment confirms Article 7(2)(a) of the Federal Arbitration Law which states that an arbitration agreement is deemed to

How the New FTA Public Clarifications Guide Affects Tax Disputes
In October – November 2019, the Federal Tax Authority issued an updated Clarifications User Guide (USEG001) replacing its predecessor version from June 2018. Item ‘6′, pg. 10, of the previous version of the Clarification stated that: “Once a response is issued by the FTA, you may decide whether to follow

Courts Mandate Valuation of Claims by Litigants
On 28 October 2019, the Abu Dhabi Judicial Department (ADJD) ordered the departments of the Abu Dhabi Courts to inspect claims and counterclaims at all levels of the Court to ensure that litigants have quantified their claims/requests in their submissions at the time of filing. Abu Dhabi Law No. 13/2017

UAE Electronic Monitoring Law (No. 53/2019)
Electronic monitoring was introduced earlier this year [2019] via Article 355 of Federal Law No. 35/1992 (Criminal Procedures Law) via the amendments to the Criminal Procedures Law implemented by Federal Decree-Law No. 17/2018. On 4 August 2019, the UAE Cabinet, or more commonly referred to as the Council of Ministers,

Ruling Sets Precedent on Applicable Penalties for Voluntary Tax Disclosures (UAE)
In the extremity; when faced with errors in tax filings, taxable persons may be subject to fines amounting to the equivalent of up to 350% of any unpaid taxes. Comparatively, with appropriate record-keeping and diligent filing of a voluntary disclosure(s), the penalty that could apply to errors would only be

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 –

50 Enforcement Updates Under the New UAE Civil Procedure Regulations
A roundup of the 50 most crucial additions, amendments, and deletions to the Civil Procedures Law No. 11 of 1992 that were promulgated pursuant to Cabinet Decision No. 57 of 2018 that came into effect in early 2019: 1. Approving the designation of execution officers instead of representatives and adding

UAE Federal Supreme Court Rules on Double-Exequatur Requirement for Arbitral Awards
In January 2019, the Federal Supreme Court (FSC) ruled on whether a double-exequatur requirement was necessary for the enforcement of an arbitral award issued under the Rules of the London Court of International Arbitration (LCIA), seated in London. The declaration sought from the FSC was whether an arbitral award issued

Dispute Resolution Analysis in First Double Tax Treaty Between GCC Countries
The Double Tax Treaty (“DTT”) between the UAE and the KSA provides a significant tax incentive for businesses operating in the two contracting states. A positive impact on investment and trade between the two contracting States is expected in the aftermath of its entry into force. Both contracting countries are

Bid Bonds and Evaluation Methods under the 2019 Tender Regulations in Qatar
On 20 June 2019, the Qatar Cabinet issued Decision No. 16/2019 On the issuance of the Implementing Regulation to the Tenders and Bids Law (the “Regulations”). Long-awaited, the new Regulations govern the tendering process as have been established by Law No. 24/2015 Regulating Tenders and Bids, providing detailed provisions regarding

Enforcing Against Horses & Camels in the UAE
Enforcement is an issue that frequently arises with plaintiffs in the United Arab Emirates. The difficulties are multi-fold; lack of follow-up by counsel; aggressive asset transfer and concealment by the defendant (i.e. such as real estate transfer to a spouse); queuing behind prior creditors whom have already issued attachment orders

Piercing the Corporate Veil in the UAE: Suing and Enforcing against LLC Shareholders, Directors and Managers
The volatile mass number of persons establishing, liquidating, or not renewing limited liability companies (LLCs) in the United Arab Emirates causes a plethora of claims being met with enforceability issues – particularly due to lack of assets. Creditors take action against debtor LLCs to find that the latter have expired

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
