Benjamin Filaferro, Author at LexisNexis Middle East

Dubai: Experts Affairs Committee to be Established in Dubai Courts

22/01/202122/01/2021
by Benjamin Filaferro

Following directives from Dubai’s Ruler to support judicial departments with legally and technically qualified experts, the Deputy Ruler and Vice President of the Justice Supreme Council has issued a Decision to establish an Experts Affairs Committee. It is aimed at improving justice and boosting the role of experts. Under Dubai Decision No. 2/2021, the Committee will be established in the Dubai Courts. It will regulate and organise the work of experts in the courts in the Emirate.

News developments

Bahrain: Termination Notice Period Increased for Certain Professions

22/01/202122/01/2021
by Benjamin Filaferro

The Services Committee of Bahrain’s Parliament has approved amendments to Article 99(A) of Bahrain Law No. 36/2012 (the Private Sector Labour Law). The amendment will increase the notice period for terminating employment contracts to four months in professions where there are difficulties in finding a candidate to fill the vacancy at short notice. The Labour and Social Development Ministry has criticised this proposal for damaging the interests of employees if they were the one wanting to end the contract. They could give notice of 30 days under the contract. If the period is increased, the employee might miss the opportunity to join another job which might be better for them.

Weekly Spotlight

Saudi Arabia: The General Assembly of the Saudi Supreme Court has ordered rents owed by businesses affected by COVID-19 be waived

22/01/202122/01/2021
by Benjamin Filaferro

The General Assembly of the Saudi Supreme Court has ordered rents owed by businesses affected by COVID-19 be waived. A review of such contracts between tenants and landlords has also been ordered. However, the authorities have also set conditions which must apply before a case can be eligible for review under the new regulations. If a contract was concluded before the anti-COVID-19 measures started, the impact on the affected party will have need to have been direct and unavoidable. In addition, in these cases, an affected party must not have been compensated or reached a deal to mitigate the effects of the crisis. In such cases a review will be possible and the new regulations will come into effect. A competent court will then issue their verdict based on the facts and circumstantial evidence. They may order the contract be amended. These new provisions will apply to tenancy contracts and movable properties affected by COVID 19. The regulations also cover other types of contract such as construction and supply contracts, which have been affected by the crisis. If a contract obliges one of the parties to carry out something, which cannot be completed on time because of COVID 19, the court can temporarily suspend implementation of the obligation. If the other party fears unusual damage because of the suspension, they may request termination of the contract. The court has stressed the need for damages to be carefully assessed on a case-by case basis. This should be done by one or more experts and when assessing damages, it should be clear which losses were incurred directly because of COVID 19 and had nothing do to with seasonal changes in activities. The Supreme Court has explained that courts are bound, when considering cases arising from contracts and obligations impacted by COVID 19, not to apply penalty clauses or fines totally or partially, depending on the case. Where a contract includes an exemption of liability clause for one of the contracting parties when an emergency or force majeure event occurs, the condition has no effect and the party which breached the obligations must provide evidence COVID 19 caused the breach. Affected contracts which are not covered by this principle will be subject to standard legal and statutory litigation principles.

News developments

UAE: Penalties for Public Asset Violations Confirmed

15/01/202115/01/2021
by Benjamin Filaferro

The UAE’s Public Prosecution has clarified the penalties for public asset violations. Under Article 227 of Federal Law No. 3/1987 (as amended), offenders who are public employees or someone tasked with delivering a public service could be jailed and fined up to 10,000 AED. These penalties will be imposed if they intentionally cause damage to the assets or interests of the Department they work for or the assets or interests of others.

News developments

Qatar: Venture Market to Launch This Year

15/01/202115/01/2021
by Benjamin Filaferro

The Listing Director of the Qatar Stock Exchange has announced the Venture Market will launch this year. It will enable SMEs to list which will enable them to diversify their incomes. Two companies have already been approved to list on it. Companies on the Venture Market will trade on the same UTP infrastructure and benefit from the same regulatory protections as those on the Main Market. It is expected Venture Market companies will move to the Main Market as they grow and develop.

News developments

Oman: Labour Minister has announced they have issued Oman Decision No. 7/2021 related to the Omanisation of new professions

15/01/202115/01/2021
by Benjamin Filaferro

Oman’s Labour Minister has announced they have issued Oman Decision No. 7/2021 related to the Omanisation of new professions. The Decision was issued in line with Oman Sultani Decree No. 25/2008 (the Sultanate’s Labour Law) and Oman Sultani Decree No, 9/2020 establishing the Labour Ministry. The 2020 Sultani Decree also defines its functions and approves its organisational structure. Article 1 of Oman Decision No. 7/2021 states fuel station manager positions and professions related to the activities and business of optics and the sale of glasses will be restricted to Omani nationals. Recruitment licenses and work permits which have already been issued for these professions will be valid until they expire.

News developments

Kuwait: Drone Rules Announced

15/01/202115/01/2021
by Benjamin Filaferro

Kuwait’s Directorate General of Civil Aviation has announced new drone rules have been approved. Under the rules, amateurs who fly drones and gliders cannot do so without permits from the Authority and other relevant authorities. When they are licensed, they will have to comply with the relevant safety rules. If they do not, they could be prosecuted.

News developments

Dubai: Agreement signed to enable special visas and residency permits to be issued

15/01/202115/01/2021
by Benjamin Filaferro

The General Directorate of Residency and Foreigners Affairs in Dubai or GDRFA-Dubai and the Department of Tourism and Commerce Marketing or Dubai Tourism have announced they have signed an agreement to enable special visas and residency permits to be issued. This includes the issuing of Distinguished Guests and Virtual Working programmes, Golden Visas for investors and retirement visas. The agreement also covers processes like application assessment procedures. In addition, it covers cruise ships and yachts to facilitate entry and exit procedures for crew members and passengers. Under the agreement, both organisations will implement joint activities. This includes marketing programmes. They will also share expertise and best practices. Employees of both entities will also receive training under joint annual programmes. Dubai Tourism will also offer two GDRFA employees the chance to join a Diploma programme offered by the Dubai College of Tourism for free.

News developments

Bahrain: American Trade Zone to be Established

15/01/202115/01/2021
by Benjamin Filaferro

Bahrain’s Industry, Commerce and Tourism Ministry has signed a cooperation agreement with the US Commerce Department to establish an American trade zone in the Kingdom. The cooperation agreement is aimed at improving economic, commercial and industrial cooperation and increase bilateral trade between the two countries. The American Trade Zone in Bahrain will allow American companies to operate in an area equipped for goods to be exchanged and comprehensive logistical solutions. It will also allow export operations through Khalifa Bin Salman Port, Bahrain International Airport and King Fahd Causeway or through any other ports to be established in the future in Bahrain via tailored customs solutions.

News developments

Abu Dhabi: Civil Court has ordered a woman to pay financial compensation for moral damages

15/01/202115/01/2021
by Benjamin Filaferro

Abu Dhabi’s Civil Court has ordered a woman to pay 10,000 AED in moral damages caused to another woman. They insulted the woman over the phone which included phrases which insulted her honour. The Public Prosecution Office had referred the defendant to the Criminal Court. They charged her and requested she pay 5,000 AED. However, the claimant filed a complaint with the Civil Court requesting the defendant pay 50,000 AED in compensation for the moral and material damages she caused her and request she pay lawyer fees and costs. The Court of First Instance confirmed in its judgment the estimation of the damages should be compensated and the circumstances which should be taken into account are within the powers of the Court providing the Law didn’t provide for following certain standards in estimating them. The Court rejected the claimant’s request for financial compensation because she didn’t outline the financial damages she suffered or the losses. The Court accepted the claimant’s request for moral damage compensation and ordered the defendant pay 10,000 AED and costs.