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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

Arab court qualifies COVID-19 as force majeure event
In what could possibly be the first judgment amongst Arab jurisdictions, the Egyptian Administrative Court within the State Council ruled that COVID-19 qualifies as a force majeure event. To clarify the title of this article; ‘Arab court’ refers to the fact that this judgement was obtained from an Arab court given that

The Biggest GDPR Fines to Date
If the best way to get a company’s attention is to hit them in the pocketbook, then European regulators have the full attention of many companies including data giants like Google and Facebook. Here are some of the biggest GDPR fines to date: Google L.L.C (Sweden and France) Back in

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

Dubai Judges Rule Employment Termination is Force Majeure in Rent Dispute
Amongst the flurry of expectations and predictions on the application of force majeure arguments in light of the employment terminations currently occurring globally, whether related or unrelated to COVID-19, a panel of judges in the Primary Circuit of the Rental Disputes Center of Dubai ruled that termination of employment fulfills

Federal Appeals Court Reverses Tax Penalties (UAE)
Client Alert Recently, the Federal Appeals Court (UAE) reversed late payment penalties applied by the Federal Tax Authority on voluntary disclosures in two separate tax disputes for two separate taxpayers assisted by Wasel & Wasel. The Federal Appeals Court has ruled on nearly six tax disputes between 2019 and June

UAE Supreme Court Rules on Unclear Arbitration Clause
When drafting an arbitration clause, it is vital to make sure that the clauses are simple and clear in order to avoid uncertainty and disputes over their semantics and effect. This is the first step to ensuring the time and cost-effectiveness of a potential dispute as it will minimize the

Space Law and the Galactic Economy: The New Frontier
In 1961, Yuri Gagarin was the first man to venture into space; in 1969, Neil Armstrong became the first man to take that a step further by landing on the moon. Between that period, in 1967, the Outer Space Treaty went into effect, being ratified by 105 nations. Currently, the

Q&A: Labor and Employment Laws in the UAE
A comprehensive resource on laws and regulations that govern labor and employment in the United Arab Emirates that provides unique insights most critical to employees, employers, in-house counsel, and decision-makers in all industries. Click Here to Download

Data Processing Agreements: are they really needed under the GDPR?
You may have had a customer approach your organization to enter into a data processing agreement and wonder if it is mandatory to do businesses within the scope of the GDPR or if a simple clause that states “The Service Provider agrees to comply with applicable data protection and privacy

Global Guide to Legal Issues arising out of COVID-19
The profound impact of the measures being taken to contain the spread of the novel coronavirus (“COVID-19”) is creating a multitude of issues for businesses and their employees. Legal concerns related to corporate governance, disclosure, contracts, financing, strategic transactions, employment, and others are summarized below. Here are some key legal

Tax Dispute Time Bars – Weekdays, not business days
Time bars UAE tax legislation provides taxpayers with relatively short time bars to act against decisions by the Federal Tax Authority (FTA) that a taxpayer disagrees with (including penalty assessments). In failing to do so, a taxpayer loses their right to challenge depending on the respective stage of the challenge.

UAE Remote Notarization / Attestation amidst COVID-19
The COVID-19 pandemic has left many businesses unable to go about performing their normal day-to-day operations. With people stuck at home, offices locked down, and restrictions on global travel in place, many have found difficulties in ensuring that their work makes it through the pandemic. Notarization is necessary for any
