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Lexis Middle East Law Alert: May/June 2024 Edition News developments

Lexis Middle East Law Alert: May/June 2024 Edition

  • 13/06/202413/06/2024
  • by Tanya Jain

Welcome to the May/June 2024 edition of LME Law Alert, your complimentary source for the latest legal insights and updates in the MENA region. In this edition, we delve into groundbreaking legislation on digital assets in the DIFC, explore the impact of Oman’s new financial services regulator, and provide a comprehensive overview of recent legal developments across the region.

Our expert contributors offer in-depth analyses on a variety of topics, including dispute resolution, tax and finance, and contract management. We also feature an exclusive profile of Suzi Duncan from Novartis, discussing the challenges of working in a rapidly evolving sector.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: TACKLING THE WINDS OF CHANGE

Dixon Melitt James of Elint AI provides an in-depth analysis of groundbreaking legislation on digital assets issued in the DIFC, exploring its implications for the financial sector.


FEATURE: RULES AND REGULATIONS

Phoebe Lim, Debopam Dutta, Salman Ahmed, and Benjamin O’Brien-McQueenie of Trowers & Hamlins discuss the impact of a new financial services regulator in Oman, detailing the changes and their potential effects on the industry.


IN-HOUSE PROFILE: ALL CHANGES

Suzi Duncan, Senior Legal Counsel for the GCC region at Novartis, shares her experiences working in a rapidly developing sector within fast-moving jurisdictions.


DISPUTE RESOLUTION FOCUS

Waleed Hamad, Head of Litigation, and Myriam Simon, Senior Counsel – Litigation at Al Aidarous, discuss lessons from a significant Federal and Local Judicial Principle Unification Authority ruling on the executive nature of unpaid cheques.


DISPUTE RESOLUTION FOCUS: STRIKING A BALANCE

Waleed Hamad and Myriam Simon of Al Aidarous examine the crucial role of banks in providing financial facilities while maintaining regulatory safeguards for the public interest.


MOVERS AND SHAKERS

Check out our latest round-up of the top movers and shakers from the world of legal appointments and promotions, brought to you by Jameson Legal. Who is been promoted, who is been appointed, and who is moving on?


CONTRACT WATCH: UNFORESEEN EMERGENCIES

Chatura Randeniya of Afridi & Angell offers insights on managing unforeseen emergencies in contractual agreements, providing practical advice for legal practitioners.


Thanks to Al Aidarous for keeping us updated on dispute resolution cases.

Lexis Middle East Law Alert_May/June 2024 Edition

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert January-February 2023
Lexis Middle East Law Alert March-April 2023
Lexis Middle East Law Alert_May June 2023

Lexis Middle East Law Alert_July August 2023

Lexis Middle East Law Alert_January-February 2024

TAX AND FINANCE ROUND-UP

An update on significant tax and finance developments across the region, including changes to the FMT procedure.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region, with a spotlight on the new jurisdictional conflict law in Dubai.


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Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

UAE: Introduces Reduced Tariff for Energy Consumption For Industrial Companies News developments

UAE: Introduces Reduced Tariff for Energy Consumption For Industrial Companies

  • 07/06/202407/06/2024
  • by Tanya Jain

Emaratalyoum, 30 May 2024: The Federal Electricity and Water Authority has announced its latest initiative supporting industrial growth in the country, aimed at industrial companies and their services in the Northern Emirates.

This initiative involves launching a reduced tariff for energy consumption to enhance the competitiveness of industrial companies, in cooperation with the Industry and Advanced Technology Ministry and the Energy and Infrastructure Ministry.

The Undersecretary of the Ministry of Industry and Advanced Technology, has affirmed the ministry’s cooperation with partners to enhance incentives supporting industrial companies’ growth and competitiveness, aligning with the ‘Make it in the Emirates’ initiative.

The new tariff, applicable to industrial companies consuming over 10,000 megawatt-hours monthly, ranges from 32 to 26 fils per kilowatt-hour.

Additional incentives include flexible installation and grid connection fees, exemption from insurance fees, and no additional meter usage fees.

The CEO of the Federal Electricity and Water Authority, has emphasised the initiative’s role in shaping the energy sector as a driver for industrial and technological growth, facilitated by the partnership between relevant ministries and the authority.

For the full story, click here.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Saudi Arabia: New Haj Rules Begin News developments

Saudi Arabia: New Haj Rules Begin

  • 07/06/202407/06/2024
  • by Tanya Jain

Khaleej Times, 2 June 2024: Penalties for violating Haj regulations and instructions in Saudi Arabia are being implemented starting 2 June 2024 until 20 June 2024.

The authorities will impose a fine of 10,000 Saudi Riyal, roughly around Dh9,000 on citizens, residents, and visitors performing Haj without a permit.

The authorities have also highlighted that anyone caught transporting Haj pilgrims without a permit will be imprisoned to up to 6 months, and will be fined for up to 50,000 Saudi Riyal or Dh49,000.

Performing haj without a permit in the city of Makkah, the central area, the holy sites, the Haramain train station, security checkpoints, screening centres, and temporary security checkpoints is prohibited.

Expats caught violating will be deported to their home countries and banned from re-entering Saudi for a specific period according to the law.

If a resident is caught transporting Haj pilgrims without a permit, they will be deported after serving the sentence and barred from re-entering the Kingdom for specified periods.

Additionally, the authorities have clarified that anyone that has a visit visa, regardless of their type or designation, are not allowed to perform Haj.

All visitors are advised to avoid travelling to or staying in Makkah between the 2 June 2024 and 21 June 2024.

The authorities have reported that over 20,000 visitors with visit visas have been found in violation of Hajj regulations, which prohibit them from staying in Makkah.

Similary, operators in the UAE cannot receive applications or requests for Haj or Umrah without prior approval from the General Authority of Islamic Affairs and Endowments.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Qatar: Signs Double Taxation Avoidance Agreement With Saudi and UAE News developments

Qatar: Signs Double Taxation Avoidance Agreement With Saudi and UAE

  • 07/06/202407/06/2024
  • by Tanya Jain

Al-Sharq, 30 May 2024: Qatar Signs Agreement to Avoid Double Taxation with Saudi Arabia and UAE.

Qatar has signed an agreement with Saudi and UAE to avoid double taxation, especially income tax to prevent tax evasion and avoidance.

The agreement will contribute to supporting international transparency standards through the exchange of documented financial information, within the framework of the three countries’ keenness to consolidate coordination and cooperation in tax fields and economic relations.

The agreement comes within the efforts to enhance legislative coordination that contributes to encouraging trade exchange between Qatar and the two countries and attracting investments to the region.

The agreement aims to conclude tax treaties that eliminate all forms of double taxation.

It will enable the countries to prevent tax evasion and ensure justice and equality in the treatment of individuals, in addition to improving trade cooperation and increasing investment opportunities between governments and individuals.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Oman News developments

Oman: Central Bank Joins Gulf Payments System “Aafaq”

  • 07/06/202407/06/2024
  • by Tanya Jain

Al-Bayan, 2 June 2024: Oman’s Central Bank has announced that it is joining the Gulf Payments System ‘Afaq’.

Afaq is operated by the Gulf Payments Company owned by the central banks of the GCC countries for cross-border transfers in local Gulf currencies.

This comes within the framework of the bank’s efforts towards developing cross-border payment systems and adopting the latest technologies in this field in a way that improves efficiency and speed and contributes to reducing costs.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your Free Trial.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Kuwait: Approves Unrestricted Hiring of Overseas Workers News developments

Kuwait: Approves Unrestricted Hiring of Overseas Workers

  • 07/06/202407/06/2024
  • by Tanya Jain

Arab Times, 3 June 2024: The Public Authority for Manpower (PAM) has opened the door for the issuance of work permits by 100% for all companies.

With such a decision, employers can now bring workers from abroad according to the estimated numbers.

According to the decision issued by PAM, the fee specified for the issuance of a work permit is KD 150.

Through this decision, PAM has canceled the previous conditions that used to classify the companies into three groups.

The first group that was eligible to receive work permits for 100% of their estimated labour need.

The second group that could receive work permits for 50% of their need, and the third group that could obtain work permits for 25% of their need.

For more news and content, subscribe to Lexis Middle East. Click on lexis.ae/demo to begin your free trial.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

UAE News developments

Dubai: Launches Programme to Facilitate Judgment Enforcement Procedures

  • 07/06/202407/06/2024
  • by Tanya Jain

Emaratalyoum, 30 May 2024: The Dubai Courts have launched the ‘Execution+’ programme. This programme is a big step forward in enforcing court rulings through digital technology. The programme is part of a strategic plan to develop the system for enforcing judgments and civil orders.

Dubai Courts have affirmed that through ‘Execution+’, it assists customers in procedures related to enforcing judgments by providing a flexible, integrated and clear system that benefits all parties.

The Director of Dubai Courts has said that this programme comes within a comprehensive digital initiative aimed at elevating the system for enforcing judicial rulings in the emirate.

Dubai has also affirmed that the courts conducted a detailed study to identify the challenges facing enforcement operations and then adopted ‘Execution+’, a set of developmental initiatives to assist customers in procedures related to enforcing judgments in a smooth and transparent manner.

Getting a judgment is not enough you also need to enforce it to actually obtain your rights.

There were often delays in the enforcement process.

This is what led them to start working on a set of initiatives under this ‘Execution+’ project.

All departments in Dubai cooperated with the Dubai Courts on these initiatives.

This cooperation from various departments across the emirate was vital for the project.

The second phase will involve cooperating with federal authorities in other emirates across the UAE.

This project represents a major improvement in enforcing judgments. That’s because enforcing judgments requires coordinating with many different authorities.

However, by using technology and cooperating with all government, semi-government, and other departments, this can be achieved more effectively.

The programme seeks to offer innovative judicial services to all customer categories, underpinned by quality, efficiency and effectiveness, as well as enhancing the efficiency of the enforcement process.

The strategic plan for developing the system to enforce judgments and civil orders includes several initiatives and projects.

These aim to achieve speedy justice, ensuring everyone entitled receives their rights promptly.

The plan also seeks to enhance litigants’ confidence in the judicial system, contributing to social and economic stability.

Additionally, it focuses on improving the efficiency and effectiveness of enforcement procedures.

This saves litigants from the hassle of waiting and following up.

The plan supports providing a digitally integrated work environment for smooth operations across various organisational units, positively impacting service quality.

Ultimately, the strategic plan aims to save time and effort expended in the enforcement process.

‘Execution+’ aims to digitally transform the enforcement of judgments through five main pillars.

It enhances efficiency and digitisation to streamline procedures and optimise resource utilization.

The program expedites enforcement procedures while ensuring flexibility.

It promotes transparency and information exchange between relevant authorities and officials involved.

‘Execution+’ enables collaboration with partner organizations. Ultimately, it ensures legal compliance throughout the enforcement process.

This programme falls within Dubai Courts’ efforts to elevate the level of services and achieve government directions aimed at making litigants happy and providing the best services to society in accordance with the vision of the wise leadership.

This focuses on entrenching the guarantee of rights and freedoms, and the application of the rule of law and fair judiciary.

‘Execution+’ also reflects the courts’ commitment to achieving the highest levels of transparency and justice in enforcing judicial rulings, and affirms its leading role in enhancing the rule of law and providing distinguished judicial services to all members of society.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Bahrain: Amendment to 2014 State Information and Documents Protection Law Approved News developments

Bahrain: Legislation Promoting Women’s Rights

  • 07/06/202407/06/2024
  • by Tanya Jain

The Daily Tribune, 30 May 2024: The Bahrain Head of the services committee of the consultative council has announced that it has significantly advanced women’s rights through a strong legislative framework.

National legislation supporting gender balance and women’s empowerment reflects the leadership’s interest, with support from the President of the Supreme Council for Women.

The Bahraini Constitution and the National Charter affirm equality among all citizens, prohibiting discrimination in rights and duties.

Additionally, amendments to Bahrain Law No. 36/2012 in the private sector have reinforced women’s rights in the workplace, granting them the same entitlements as their male counterparts.

The legislation also addresses the needs of working mothers, providing 60 days of paid maternity leave, two hours of childcare per day until the child reaches six months, and two half-hour care periods until the child’s first birthday.

Additionally, the law prohibits the dismissal or termination of a female worker due to marriage or maternity leave.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

United Arab Emirates News developments

ADGM: Publishes Consultation Paper To Revamp Real Property Regulations

  • 07/06/202407/06/2024
  • by Tanya Jain

The Abu Dhabi Global Market (ADGM) has published a Consultation Paper seeking public input on proposed comprehensive reforms to its real property regulatory framework.

The revamp aims to address evolving market needs, align with industry developments, and position ADGM’s real estate regulations as best-in-class to support sector growth.

Key areas include streamlining processes, introducing new investment vehicles, and strengthening investor protection.

The consultation paper has outlined amendments to Abu Dhabi Administrative Decision No. 245/2015, focusing on enhancing protections for tenants in short-term residential leases.

Additionally, ADGM plans to introduce a new framework for the registration of off-plan development projects, off-plan sales, and Project Accounts, providing greater transparency and oversight in this segment of the real estate market.

The proposed reforms also include the introduction of a framework for registering off-plan and real property professionals, such as brokers, valuers, and property managers, who provide services within ADGM’s jurisdiction.

This move aims to ensure compliance to industry standards and safeguard the interests of all stakeholders involved in real estate transactions.

Stakeholders, including industry professionals, investors, and members of the public, are encouraged to participate in the consultation process by submitting their feedback and suggestions.

This collaborative approach ensures that the final regulations reflect the diverse perspectives and requirements of the real estate market.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert – May 2024 Edition News developments

Lexis Middle East HR Alert – May 2024 Edition

  • 05/06/202405/06/2024
  • by Tanya Jain

Welcome to the May 2024 edition of Lexis Middle East – HR Alert!

Our complimentary publication is your go-to resource for staying informed on the latest Labour and Employment developments in the MENA region. In this edition, we provide a thorough overview of recent HR updates and key cases, alongside valuable insights into regional HR policies and laws. Stay empowered and well-informed with our meticulously curated content designed to keep you ahead in the evolving HR landscape.

This month, we explore how Saudi employers can utilise the Ajeer platform to manage temporary workers. Experts from Dentons and 11KBW discuss the legal risks of off-channel communications. We cover key regional developments, including DIFC immigration rule changes, and present survey findings on localisation trends in the GCC. Our law changes section highlights new insider trading rules from the Qatar Financial Markets Authority, and we analyse a significant case on freelance versus employee status. In our HR profile, Mpho Netshiombo from KPMG Bahrain discusses evolving recruitment strategies. Additionally, we review major HR moves across the region and provide practical advice on managing HR policies during adverse weather.

Stay informed with the latest insights and updates in this edition of Lexis Middle East HR Alert.

This edition features a diverse range of content, including:

Feature: Temporary Positions

Sara Khoja, Sarit Thomas, and Faisal Alassiri of Clyde & Co provide a comprehensive guide on leveraging the Ajeer Platform. They explain how this tool helps Saudi employers manage temporary workers more effectively and in compliance with regulations.


Trend Setter – Off-Channel Communications

Shiraz Sethi, Regional Head of Employment at Dentons, along with barristers Amy Rogers KC and Tom Ogg of 11KBW, discuss the increasing legal risks posed by off-channel social messaging. They offer insights into how employers can mitigate these risks.


News Round-up: Covering Recent Key Developments – Region-Wide

Stay abreast of recent developments, including employment-related matters, highlighting notable changes in Kuwait’s approach to part-time working.


Immigration Focus: Survey – Localisation Trends

This section highlights the findings of a recent survey conducted by Vialto Partners and Lexis Middle East. It provides key insights into localisation policies and trends in the GCC.


Case Focus

An analysis of a pivotal case that addresses the distinctions between freelance and employee status, offering critical insights for HR professionals navigating these classifications.


Law Changes: New and Proposed MENA Laws

Highlighting significant legal modifications across the MENA region. Reeda Halawi of Sultan Al–Abdulla & Partners examines the new insider trading rules introduced by the Qatar Financial Markets Authority through Decision No. 2/2024, explaining their implications for businesses.


Case Focus

A specific case, Miskofi v Milbart, in the Dubai International Financial Centre (DIFC) Small Claims Tribunal is examined, showcasing how discrimination and victimisation cases are handled, recommended by Ayesha Karim.


Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.


For all the latest industry updates and developments, opt for a free HR Alert subscription!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert_May 2024

Have you read the Lexis® Middle East HR Alert – previous 2023 editions? Click the links below to access and read these editions.

LexisNexis Middle East HR Alert_January 2023
LexisNexis-Middle-East-HR-Alert_March-2023

LexisNexis Middle East HR Alert_May 2023 Edition
Lexis Middle East HR Alert – August 2023 Edition

Moves and Changes

A summary of significant HR movements and changes across the region, highlighting notable appointments and transitions within major organisations.


Policy Pointers: Adverse Weather

Sarah Malik from SOL International Ltd offers practical advice on managing HR policies related to adverse weather conditions. She emphasises the importance of preparedness and compliance to mitigate the impact on businesses.


HR Profile: Recruitment in an Evolving Market

Mpho Netshiombo, Head of People, Performance, and Culture at KPMG Bahrain, discusses how recent legal and market changes have impacted recruitment strategies. He shares his approach to talent development, management, and engagement in this evolving landscape.


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