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War Series: Exhaustion of Remedies in Lessons from the Finnish Shipowners' War-Time Arbitration
Abu Dhabi

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

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Dubai Landmark Judgment on the Requirement for Signature of a Dissenting Arbitrator
Washington D.C.

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,

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Subpoenas in Arbitration in Australia: Recent Guidance by the Supreme Court of Victoria
Washington D.C.

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

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Abu Dhabi Court's Landmark Decision: No Tax Invoice
Abu Dhabi

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

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DIFC Court of Appeal Affirms Enforceability of Foreign Interim Arbitral Awards (Neal v Nadir)
Washington D.C.

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

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Dubai Appeals Court Upholds Compensatory Damages for Cryptocurrency Embezzlement
Abu Dhabi

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

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Ontario Court of Appeal Clarifies the Bounds of 'Constructive Fraud' in Arbitration Awards
Washington D.C.

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

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High Court of Australia Considers Australian Hague Rules in International Shipping Arbitration
Washington D.C.

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

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Crypto Disputes in Arbitration or Court? Impact of the Lochan v. Binance Judgment
Washington D.C.

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

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Biden's Executive Order on Israel / West Bank Sanctions: Global Business Compliance Considerations
Abu Dhabi

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

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UAE Supreme Court Sets Precedent: Bans Compound Interest in Financial Transactions
Abu Dhabi

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

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UAE Supreme Court Judgment on Constitutional and Sharia Limits of Tax Penalties
Washington D.C.

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

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Designer / Architect Delay Claims: Insights from the Ontario Superior Court of Justice
Abu Dhabi

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

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