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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

Choosing the Best Arbitrator for your Case
The opportunity to select your own arbitrator is one of the attractions of arbitration. Your chosen arbitrator can be the defining factor in a victory for your case. In a recent survey done in 2018, almost half of in-house counsel surveyed stated that they had insufficient information to make an

First Arab Medical Cannabis Law (Lebanon)
On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. The Lebanese government began first studying the legalizing of medical cannabis in 2018 where projected government revenue was expected to amount to USD 1 billion per annum. Lebanon is not

UAE Tax Courts Anniversary: 41 cases, 6 favoring taxpayers (so far)
The Tax Disputes Circuits of the Federal Primary Court and Federal Appeals Court were signed into law on 18 March 2019 pursuant to Minister of Justice Decisions No. 237 of 2019 and No. 238 of 2019, respectively. The Tax Disputes Circuit of the Federal Primary Court is responsible to hear

(COVID-19) 1981 Government opinion on force majeure salary deductions
In 1981, the Department of Fatwa (Legal Advice) and Legislation, the Department at the UAE Ministry of Justice responsible for advising government agencies on legal issues, issued an opinion on whether an employee who had been out of the country on a work-related trip and could not return due to a force majeure

ICC Issues Guidance on Arbitration During COVID-19
On 9 April 2020, in light of the COVID-19 pandemic the International Chamber of Commerce (“ICC”) assured that the International Court of Arbitration (the “Court”) remains operational and continues to progress pending arbitrations and accept new cases, and issued a guidance note on possible measures aimed at mitigating the effects

Qatar Courts and Tax Authority take action amidst COVID-19 (Coronavirus) pandemic
Qatar Courts Suspend Hearings for Two Weeks The Supreme Judicial Council of Qatar announced the suspension of hearings of the Appeal Court, the Court of First Instance, labor dispute settlement committees and rental dispute settlement committees as of 15 March 2020, for a period of two weeks. In a press

UAE employment disputes amidst COVID-19: force majeure, class actions, unionization, and procedures
As the Coronavirus pandemic takes its toll on businesses, many employment relationships are facing disruption, and employers are taking action on a mass-scale, with issues relating to unpaid leave, undue termination, or other actions that may be seen as a breach of contractual or lawful employment rights. Comparatively, employees who

Preparing for e-litigation in the UAE amidst Coronavirus (COVID-19) hindrances
As travel is hindered, staff work from home and general work routines (domestic and global) are disrupted, parties to litigation should consider options for managing trials via e-litigation strategies and technologies pursuant to recent developments in Emirati legislation. On 27 March 2019, Minister of Justice Decisions Nos. 260 and 259

Two Trends to Expect from the Tax Dispute Resolution Committees in 2020
TDRCs from 2019 – 2020 The tax dispute resolution committees (“TDRC” / “TDRCs”) began operation in 2019. There are three TDRCs in the United Arab Emirates: in Abu Dhabi dedicated to taxpayers with a registered address in Abu Dhabi and out-of-State registered taxpayers; in Dubai dedicated to taxpayers with a

First constitutional tax case: why was it rejected and how are constitutional cases litigated in the UAE?
Over the years, constitutional appeals have been filed before the Constitutional Circuit of the Federal Supreme Court for a plethora of matters, with the first constitutional judgement having been issued on 29 November 1973. Most recently – in rough figures – four constitutional appeals were filed in 2019, two in

Coronavirus (COVID-19): Emirati and Sharia law on pandemics and hardship events
With the disruption to global business and trade due to the Coronavirus pandemic, parties may look to argue hardship events under the law to alleviate extraneous obligations (such as an extraneous increase of cost in concluding the obligation). Hardship events are occurrences that result in changing the equilibrium of a

Now that you paid a tax penalty – have you looked at your tax indemnification agreements for recourse?
Scene You are a services or goods provider registered as a taxpayer with the Federal Tax Authority. You are facing liquidity and cash flow difficulties. You have customers; you have issued tax invoices, but your invoices are unpaid. In consequence, due to liquidity issues, you are late in paying your
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