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Dubai Cassation Court rules FIDIC arbitration clause not enforceable
In a recent judgment, the highest Court in Dubai, the Dubai Cassation Court ruled that incorporating a FIDIC contract (general conditions) by reference into a transaction does not necessarily bind the parties to the arbitration clause therein that FIDIC contract (general conditions). In this judgment, the Dubai Cassation Court

New Dubai Tax Dispute Resolution Committees now deciding on 2020 and 2021 objections
Brief Since around September 2020, the tax dispute resolution committee of the Emirate of Dubai has been inoperable (under reformation). On 25 November 2020, the UAE Minister of Justice issued Ministerial Decree No. 691/2020 on the Formation of Tax Dispute Resolution Committees for the Emirate of Dubai. The Emirate

Entering the Lebanese Cannabis Market Extra-Jurisdictionally
On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis (the “Lebanese Cannabis Law”). Despite an emphasis on the use of cannabis for medical purposes, the Lebanese Cannabis Law permits the use of cannabis for “industrial” purposes as well,

Foreign Investments in Lebanon for Medical Cannabis Investors
On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. The passing of the law by Lebanon creates an opportunity for leading medical cannabis companies globally to enter the Lebanese market. There are six classes of license applicants including

PRECEDENT: UAE Supreme Court pierces the corporate veil and finds foreign company liable for its UAE subsidiary in USD 1.2 billion energy dispute
Summary The UAE Supreme Court ruled that foreign companies engaging in commercial activities in the UAE are liable for the actions of their UAE subsidiaries even where the UAE subsidiary is the party to the contract in dispute and not the foreign company. The Supreme Court considered the following

UAE Cassation Court finds arbitration agreement waived if parties engage in court proceedings
In a recent judgment by the Abu Dhabi Cassation Court, the Cassation Court found that the engagement of parties in the court and expert procedures – even whilst challenging the jurisdiction of the courts due to an arbitration agreement – should be considered by the courts in determining whether

First UAE Supreme Court COVID-19 Judgement (Trade Secrets)
In late 2020, the UAE Federal Supreme Court ruled on the first COVID-19 related dispute which involved trade secrets. For employers and employees, this case provides a long-awaited answer as to the importance of how and when to treat COVID-19 issues with secrecy in the workplace. Facts The case

What the Normalization of GCC Relations Means for your Business
Recent reports of the thaw in the chilled relations between Qatar and the countries of the GCC previously boycotting Qatar are welcome news to businesses operating in the Gulf. The normalization of political relations between the GCC countries pursuant to the AlUla Declaration that was signed in the first week of January

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

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

Major League Baseball’s Salary Arbitration: A Homerun ADR System
Baseball is the second most-watched sport in the US (tucked behind American football and in front of basketball) and the seventh most watched sport in the world. Major League Baseball (“MLB”) is the American professional baseball organization and the oldest of the major professional sports leagues in the US

Land and Costs for Investing in Lebanon’s Medical Cannabis Industry under the new Medical Cannabis Law
In April of 2020, the Lebanese Government legalized the use of cannabis for medical purposes. In this article, we discuss some of the practical expectations regarding the investment dynamics in the current Lebanese environment and under the new Law. The currently fertile land in Lebanon for the growth of

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
