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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

UAE Supreme Court rules on priority of ‘hidden’ agreements over fictitious contracts
During the Summer of 2020, the Supreme Court ruled on the validity and priority of ‘hidden’ agreements over fictitious (sham) contracts. A similar case was brought to the Supreme Court earlier in 2015 but was not addressed on merits and was rejected procedurally. The Dubai Cassation Court looked at

Commentary on Lebanon’s Medical Cannabis Law
On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. The law covers an array of topics ranging from the types of licenses available to the prevention of monopolization in the industry. In providing a deeper look at the

Who owns the content that influencers post?
Influencer marketing has become one of the most successful trends in marketing over the past few years. In 2018, 81% of marketers reported that using influencers to bolster their marketing plans was an effective strategy. But as the influencer marketing wave becomes increasingly more popular, the emerging nature of the industry

Hostile LLC takeovers under the new 100% UAE ownership laws
An announcement took place on 23 November 2020 that foreign investors can have complete ownership of Emirati companies that are governed by the Federal Commercial Companies Law (“CCL”) otherwise known as “on-shore” companies. The concession is limited to limited liability companies and private joint stock companies, including those owned

New Tax Evasion Court (UAE)
New court On 10 November 2020, His Highness Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, and Chairman of the Abu Dhabi Judicial Department issued Resolution No. 35 of 2020 (the “Resolution”). Article 1 of the Resolution states that: “A Court is to

English Translation of The Lebanese Medical Cannabis Law
On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. W&W has drafted an unofficial English translation of the law: Click Here to Download

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

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

UAE Federal Primary Court applies Supreme Court ruling on late tax payment penalties
Since early 2019, the tax dispute resolution committees, and Federal Primary and Federal Appeals Courts have ordered the invalidity of applying late payment tax penalties capped at 300% retroactively to voluntary disclosures. On 14 October 2020, the Federal Supreme Court overturned the position taken by the committee and Court

ICC Unveils the 2021 Rules of Arbitration: Adding More Gold to the Pot
The ICC International Court of Arbitration is without a doubt the most preferred arbitral institution worldwide. The ICC Rules of Arbitration provide the greatest deference to party autonomy – allowing parties to arbitration the opportunity to select the arbitral tribunal – and offers a high level of flexibility, by

Getting The Deal Through 2021: Tax Controversy – UAE Chapter
The #1 global guide on tax disputes and procedures. A guide to disputes and controversy arising from complex and multi-layered modern tax laws, with international experts providing overviews and in-depth analysis of relevant legislation and regulation, including jurisdiction-specific tax authorities and third parties, taxpayer rights, enforcement and penalties, dispute

Investment Treaty Arbitration and USD 3 Billion in Taxes
In 2007, Vodafone International Holding, a Dutch company, bought 100% of the shares of CGP Investments, a Cayman Island-based company, for USD 11.1 billion for the indirect control of 67% of Hutchison Essar Limited, an Indian company. The Indian tax department determined that the deal was designed to avoid

UAE Federal Court Restricts Time Limit on Tax Reconsideration Requests
Brief One of the most common questions asked regarding tax reconsideration requests is the consequence of not receiving a response from the Federal Tax Authority (“FTA”) within the statutory timeframe of twenty-five weekdays. The UAE Federal Courts have recently addressed this issue in opining that – if no decision

As the Dubai tax dispute committee possibly reforms – does it affect your right to object to tax penalties?
Brief The tax dispute resolution committees were formed pursuant to the Tax Procedures Law, its Executive Regulations, and specifically Cabinet Decision No. 23/2018. The Dubai tax dispute resolution committee (“Dubai TDRC”) was formed pursuant to Ministerial Decision No. 109/2019 which named the primary judge, the two experts, and the alternate

A Guide to GDPR Compliance
The GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, in brief, is a European Union data privacy law that requires organizations to keep data safe, whilst also giving people more control over how their data is used. Compliance with this law requires a coherent review

President Trump Signs Into Effect a Policy for Space Cybersecurity
The days of the commercial space industry revolution have dawned upon us. With corporations like SpaceX and Virgin Galactic leading the charge, humanity’s grasp for the stars is getting tighter and tighter with each week that passes. But as the commercialization of space becomes a more conventional concept and nations

First Inheritance Tax Disputes
During the Summer of 2020, the first inheritance tax disputes in the UAE made their way to the Federal Primary Court. As the UAE tax systems develop and tax liabilities and consequences become more commonplace, business owners and high-net-worth persons begin evaluating how any liability to the Federal Tax Authorities

National Media Council Issues Circular Regarding Social Media Advertising
On 9 September 2020, the National Media Council issued a circular regarding social media advertisements which will impact companies, brands, influencers, and anyone who carries out social media advertising activities on a commercial basis; emphasizing the need to obtain prior approval from the Media Licensing Department. As the influencer wave

TikTok ban and what it means for influencers in the UAE (and elsewhere)?
On 6 August 2020, President Trump signed an Executive Order to stop the “spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) [which] continues to threaten the national security, foreign policy, and economy of the United States” by imposing

Landmark Ruling Cancels Tax Audit Penalties
In a recent landmark ruling issued by one of the three Tax Dispute Resolution Committees (“TDRC”), the TDRC ordered the cancellation of not only the late payment penalties – but also the tax audit penalties resulting from a tax audit. Generally, the penalties arising from a tax audit are 50%

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

Data Protection Enforcement
Regulators globally continue enforcement of data protection and privacy laws including issuing fines against organizations that did not meet the requirements of applicable law. In this article, we summarise some of the recent cases of interest: Posti Group Oyj (Finland): Direct Marketing According to the Deputy Data Protection Ombudsman, there

The Business of Influencing in the UAE
The ability to influence has been a topic of dialectics for centuries – how the influence was obtained, how it was used, how much of it was at stake. When the topic of influence comes up, we may refer to great writers, composers, or philosophers. But these days the discussion
Special Reports
Definitive guides and macro-level reports providing exhaustive coverage of emerging risks and long-term market opportunities.
