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The MENA Business Law Review No. 01/2023 is out!

13/06/202313/06/2023
by Tanya Jain

We are pleased to share the first edition of the MENA Business Law Review 2023, the definitive business law reference in the Middle East and North Africa!

In this edition:

PRACTICAL GUIDANCE: Contract Lifecycle Management – In-House Strategies for Effectively Delivering Technology Projects

In this article, Tarek Saad, Senior Counsel, and Tamim Momeni, Associate from Crowell & Moring LLP set out a number of general contract management recommendations and techniques that will increase a technology project’s chances of success.

CASE COMMENT: DIFC Court Hears Ground-Breaking Cryptocurrency Claim

Sara Sheffield, Max Davis, and Peter Smith from Charles Russell Speechlys share their insights on the cryptourrency claim. The Court of First Instance of the Dubai International Financial Centre (DIFC) has handed down judgment following trial of a claim arising from the misappropriation of 300 bitcoins. The case touches on several of the key questions facing the courts around the world.

CASE COMMENT: Rajabieslami v. Tariverdi and others

English Commercial Court casts doubt on enforceability of English court judgments in Qatar. Sophie Eastwood and Joseph Dyke from McNair International sheds light on the case and it’s analysis.

CASE COMMENT: Administration in UAE – A Close Look into the NMC Group

In this, Hana Al Khatib from Global Advocacy & Legal Counsel (UAE) explores the introduction of the Common Law concept of “administration” in the UAE’s Civil Law System through the landmark NMC Group litigation. This legal mechanism aims to rescue distressed companies and prioritize the interests of creditors for better outcomes than liquidation.

FEATURE: The Legal Industry and the Perfect Storm

Rany Sader from SADER Publishing discusses the unstoppable transformation happening in the legal sector, comparing it to a tsunami that demands adaptation. Embracing technology, including tools that utilize big data, is crucial for lawyers to streamline their work, enhance research, and meet client demands for transparency, speed, and cost-efficiency.

FEATURE: Lawyers Must Be Agents of Change

In a thought-provoking perspective, Senior Technology Lawyer, Khaled Shivji emphasizes the need for the legal industry to wholeheartedly embrace technology and digital disruption. Discover why lawyers must seize this opportunity for transformative change.

FEATURE: ChatGPT in the Legal Industry: Balancing Potential Benefits and Limitations

Rosena Nhlabatsi, LLB, LLM, RTTP gives an overview of the benefits and limitations of Chat GPT in the legal sector.

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MENA Business Law Review | Issue 1/2023

Have you read the previous editions of the MENA Business Law Review? Click the links below to access and read previous editions.

LexisNexis MENA Business Law Review No. 01_2022

LexisNexis MENA Business Law Review No. 02_2022

LexisNexis MENA Business Law Review No. 03_2022

FEATURE: UNIDROIT Draft Principles on Digital Assets: Guidance for Law Reform in the MENA Region

Andrew Dahdal and Omran Almulla discuss the UNIDROIT Draft Principles on Digital Assets and their potential impact on law reform in the MENA Region.

FEATURE: Fintech Licensing in Dubai: Navigating Regulatory Requirements

Omran Almulla helps us navigate regulatory requirements for FinTech licensing in Dubai.

FEATURE: The Legislative Environment for Self-Driving Vehicles in the State of Qatar

Fathy Mahmoud Radwan discusses current and future legislation for Self-Driving Vehicles in Qatar.

Elevate Your Tax Expertise with the Exciting New Summer 2023 Edition of Lexis Middle East Gulf Tax!

12/06/202312/06/2023
by Tanya Jain

We are thrilled to announce the latest edition of Lexis Middle East Gulf Tax, the very first of its kind in the GCC region! Our complimentary magazine offers insightful updates on the latest tax and financial developments across the region.

In this edition:

In Comes Transfer Pricing

How will transfer pricing operate in the UAE from 1 June 2023? Alessandro Valente of Crowe explains how it will operate.

Firm Foundation on Tax

Foundations and the UAE Corporate Income Tax Regime – Foundations are often used for succession planning and charitable purposes, but it would be wrong to automatically assume they will be exempt from the UAE’s new corporate income tax law, as Alejandra Esmoris, Head of Private Clients, CVML explains.

What’s Changed? – Electronic commerce

Is your e-commerce business in the UAE compliant with new VAT reporting and record keeping requirements?

Tax News Round-Up

Stay informed about the latest updates in tax treaties and regulations throughout the region. This includes a regulatory round-up of recent changes and information on tax treaties.

Practical Focus on Customs Valuation

Customs arrangements are integral to the design of business operations in the UAE, given its heavy reliance on cross-border trade, encompassing both material exports and high levels of imports. Tax Lawyer, Patryk Karczewski, and Head of Tax, Siegert Slagman, highlight the crucial role of customs arrangements in facilitating successful trade in the UAE.

Tax Professional Profile: A Different Approach

Mourad Chatar, Managing Partner at a Consulting Firm talks about the differences between tax in the UAE and the GCC region.

Practitioner Perspective on Qatar Law No. 24/2018 (the Income Tax Law)

Rami Qudah, Practitioner at Deloitte in Qatar looks at significant recent changes to the Qatar Income Tax Law.

What are the tax benefits of SEZs and SILZs?

Nabil A Issa of King & Spalding explains the tax benefits of Special Economic Zones and Special Integrated Logistics Zones in Saudi Arabia.

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

Lexis Middle East Gulf Tax | Summer 2023

Have you read the Lexis® Middle East Gulf Tax – Spring 2023 edition? Click the link below to access and read the Spring edition.

Lexis Middle East Gulf Tax |Spring 2023

Introducing the Latest Release of Lexis Middle East – HR Alert!

08/06/202314/06/2023
by Tanya Jain

We are pleased to present the May 2023 edition of Lexis Middle East – HR Alert!

Discover our complimentary HR publication, the Lexis Middle East – HR Alert, designed to keep you informed about the most recent updates in Labour and Employment Law, highlighting noteworthy cases, and offering valuable insights into region-specific HR policies and templates.

Featuring exclusive interviews with prominent HR experts from the region, this edition also provides expert guidance on emerging industry trends. Stay up-to-date and enhance your HR knowledge with the latest issue of Lexis Middle East – HR Alert.

In this edition:

Feature: The Rules of Recruitment – UAE recruitment agency obligations

Following recent announcements in the press on the regulation of UAE employment agencies, Victoria Smylie and Saher Khan of PwC Legal explain the obligations for UAE based agencies and employers who use them.

Trend Setter – Interns

Ruth Stephen, Luke Tapp, Lana Akkad and Melissa McLaren of Pinsent Masons look at the legal precautions the increasing number of employers in the MENA region who are interested in offering internship opportunities need to be aware of.

Immigration Focus: Recent GCC Immigration and Visa Changes

The dynamics team at Vialto Partners shares the latest updates from the region, including developments relating to family sponsorships, visit visa extensions, ILOE scheme in freezones, and much more.

Additionally, Dounia Fathi-Benbrahim, Senior Manager Immigration with Vialto Partners explains the role she has taken in enabling the firm’s expansion across the region from both a geographical and service perspective.

HR Profile – Energy

Sarah Tablet, Head of Human Resources for the Middle East at Siemens Energy explains how in order to support diversity it is important to tailor your approach.

Policy Pointers – Unemployment Insurance

As a leading authority in employment law, Shiraz Sethi, Partner & Regional Head of Employment at Dentons, sheds light on the scheme and emphasizes the importance of timely subscription.

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

LexisNexis-Middle-East-HR-Alert_May-2023

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

LexisNexis Middle East HR Alert_January 2023

LexisNexis-Middle-East-HR-Alert_March-2023

UAE: Virtual Workshops Platforms for Companies Tax Launched

07/06/202307/06/2023
by Tanya Jain

Albayan, 4 June 2023: The Federal Tax Authority has introduced an educational platform called “Companies Tax” to provide ongoing knowledge support to taxpayers. This initiative is part of the procedures being implemented to enforce the Federal Decree Law on Companies and Business Tax.

The law is applicable to financial years starting on or after 1 June 2023 and is aimed at enhancing the UAE’s position as an international hub for investment and entrepreneurship, as well as ensuring compliance with international standards for tax transparency.

The platform features 13 seminars conducted in both English and Arabic, remotely scheduled throughout the month of June, focusing on the registration process for this tax.

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/.

Qatar: Documents and Archives Law Published

07/06/202307/06/2023
by Tanya Jain

Raya, 2 June 2023: Qatar Law No. 7/2023 on Documents and Archives which has been issued in May 2023 has been published in the Official Gazette. The law comes into effect six months after its publication in the Official Gazette.

According to the law, public, historical, and national documents are considered state-owned assets and cannot be owned, possessed, destroyed, or handled in any manner other than what is specified by this law.

Additionally, as per Article 6 of this law, individuals who own or possess private documents must register with the Documents Department in accordance with the regulations and requirements set forth by a decision of the Cabinet.

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/.

Oman: Controls for Land and Properties Ownership Amended

07/06/202307/06/2023
by Tanya Jain

Atheer, 4 June 2023: Oman’s Housing and Urban Planning Minister has issued Oman Ministerial Decision No. 102/2023 on the amendment of Oman Ministerial Decision No. 45/2021 Regarding the Controls of the Ownership of Land and Real Estate by Companies for Carrying Out Their Activity.

Under the aforementioned decision, companies are now restricted to purchasing lands and properties solely for commercial purposes, including commercial, industrial, and tourism housing, as well as residential real estate units within comprehensive housing compounds.

Previously, companies were prohibited from owning residential real estate units in housing compounds. Moreover, the law permits companies to own more than 50 per cent of lands and real estate properties for conducting activities listed in the commercial record.

Additionally, they have the authority to rent or sell any surplus assets they do not require.

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/.

Kuwait: Mergers and Acquisitions Provisions Amended

07/06/202307/06/2023
by Tanya Jain

Alqabas, 4 June 2023: Kuwait’s Capital Market Authority has released Decision No. 80/2023, on the amendment of some of the provisions of the executive regulations of Kuwait Law No. 7/2017 on the establishment of the Capital Market Authority and the regulation of securities activities, including subsequent amendments.

The revised provisions specifically focus on Chapter 9, which addresses Mergers and Acquisitions. As per the amendments, the inclusion of future plans as a mandatory item within the documentation concerning the company being acquired has been introduced.

Additionally, the amendments outline specific scenarios in which an exemption from the obligation to submit a mandatory acquisition offer is applicable.

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/.

How ChatGPT and AI are Disrupting the Business of HR?

02/06/202305/06/2023
by Tanya Jain

AI is now an integral part of our everyday lives, and it is transforming the way we do business. The use of AI in Human Resources (HR) is one area that is experiencing significant growth, and ChatGPT and other similar AI products as well as new AI driven recruitment agency marketplaces are leading the way.

Analysis

ChatGPT is an AI-based language model that can generate human-like responses to text prompts. It can be used in a variety of ways, including customer service, marketing, and HR. In HR, ChatGPT can be used to streamline various tasks, including recruitment, employee onboarding, and training.

Applications

Recruitment is one of the most critical HR functions, and ChatGPT can be used to make the process more efficient. It can help HR departments via:

creating professional job descriptions based on a set of criteria and company templates
comparing CVs to job descriptions and providing a percentage match between the candidate CV and the job description,
respond to simple candidates’ queries about the onboarding process,
and more.

At the next step, employee onboarding, ChatGPT can help new hires get up to speed quickly by providing them with access to training materials and answering any questions they may have. To answer organization specific questions, AI-based language models need to be trained on the organization specific data as, out of the box, non-public company information will not be included in the AI model’s training data.

In Saudi Arabia and the GCC, the above applications are being explored carefully. For example, companies typically have no issue using ChatGPT to create job descriptions as this information typically does not have any privacy concerns associated with it when used with ChatGPT, it will be made publicly available when the position goes live. However, submitting a candidate’s CV to ChatGPT for comparison with job descriptions is a concern as it contains a person’s private information.

Although companies are in the early stages of reviewing ChatGPT applications, across Saudi Arabia and the GCC, organizations have already begun exploring other non-ChatGPT usages of AI such as carrying out sourcing through recruitment agency marketplaces which leverage artificial intelligence to match job requirements with an agency’s specialization to find the best candidates. These applications are a simple entry point for many GCC companies to begin using AI.

Intellectual Property Concerns

When using ChatGPT, it is essential to consider intellectual property (IP) considerations. If the AI system is being used to generate original content, such as training materials, it is essential to ensure that the organization has the proper rights (as described below) to use that content and also that the organization is aware that any data submitted to ChatGPT in this process can be included in its training data, which has led to data breaches at some large enterprises.

In terms of the generated content such as training materials, the legal rights to use ChatGPT’s content fall under the OpenAI API Terms of Service. According to these terms, users are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the API and any content generated by the API solely for their internal business purposes.

In Saudi Arabia, organizations can further protect their IP by registering their copyrights and trademarks with the Saudi Arabian Ministry of Commerce and Investment, however, care needs to be taken especially with AI generated content. As IP can be generated so quickly with tools like ChatGPT, and countries like Saudi Arabia follow a first-to-file IP system, this means organizations need to register IP first to have legal rights over that intellectual property. Therefore, it’s important for organizations to register their IP as early as possible to avoid potential conflicts and legal challenges in the future, especially inventions core to their business.

In the last months we have seen the attempts by individuals to register inventions by AI as owned by the AI system itself. For example, a computer scientist Stephen Thaler created an AI system called DABUS to create new inventions (e.g. beverage holder and emergency light beacon) and then applied for patents on these inventions under DABUS’ name. This has led to patent rejections in a number of countries such as:

Australia
UK (still under appeal at the time of writing)
New Zealand
USA (rejected by US Supreme Court on 24th of April)

In Saudi Arabia, however, a decision has not been made as to whether the AI system DABUS can be the inventor. Hence, caution needs to be taken when dealing with AI generated intellectual property.

Ownership and Liabilities

Regarding authorship of materials produced using ChatGPT in Saudi Arabia, the answer will depend on the specific circumstances. Most organizations in Saudi Arabia have moral and legal rights to all works created by an employee as part of their employment. If this is not the case, then in some cases, the employee who inputs the prompts may be considered the author.

For example, if an employee of a company uses ChatGPT to generate content for a personal project, they may be considered the author of the resulting work, and they would have the copyright ownership of that content. However, if the employee is using ChatGPT to generate content as part of their job responsibilities or if the content is created using company resources, the organization may be considered the author of the work and own the copyright to the resulting content.

If inaccuracies are present in the material produced by ChatGPT or similar AI products in Saudi Arabia, the potential liability will depend on who is responsible for the inaccuracies. If the inaccuracies are a result of the AI system itself, the liability may lie with the organization that developed the system. However, if the inaccuracies are a result of employee input, the liability may lie with the employee who entered the incorrect information. This also is an area of flux.

The New Future

ChatGPT and similar AI products are revolutionizing the way HR departments operate in Saudi Arabia and the GCC. However, it is essential to consider IP considerations and ownership of content when using these systems. Additionally, organizations must have clear guidelines in place regarding liability for inaccuracies to avoid any legal issues and ensure they protect their data during the usage and training of such systems.

Written by Dr Evan Shellshear.

Dr Evan Shellshear is the Managing Director and Group CEO of Ubidy, an innovative global recruitment marketplace connecting employers to specialist agencies, and an expert in artificial intelligence with a Ph.D. in Game Theory from the Nobel Prize winning University of Bielefeld in Germany. He has almost two decades of international experience in the development and design of AI tools for a variety of industries having worked with the world’s top companies on all aspects of advanced analytical solutions from optimisation to machine learning in applications from HR to oil and gas, and robotics to supply chain. He is also the author of the Amazon best seller, Innovation Tools.

UAE: Service for Electronic Renewal of Identity and Passports Introduced

01/06/202301/06/2023
by Tanya Jain

Emaratalyoum, 27 May 2023: The Federal Authority for Identity, Citizenship, Customs and Border Security has introduced a new service which allows individuals to apply for the renewal of their identity and passports while residing abroad.

To ensure the applicant’s identity is verified, they are required to personally submit the renewal requests through the authority’s smart application.

This measure guarantees the concerned party is directly involved in the process.

This service is particularly beneficial for individuals residing outside the country who need to renew their identity documents.

It addresses the issue faced by those whose previous renewal requests were rejected due to their inability to submit the request in person.

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/.

Saudi Arabia: Shura Examines Feasibility of Establishing Commodities Exchange Market

01/06/202301/06/2023
by Tanya Jain

Argaam, 29 May 2023: Saudi Arabia’s Shura Council has requested the Capital Market Authority to assess the viability of creating a commodities exchange market in the country.

This decision was made after taking into account the input from the Financial and Economic Committee and the feedback from council members on the annual report of the Financial Market Authority.

Additionally, the Council has instructed the authority to evaluate the effectiveness of awareness programs pertaining to corporate governance and to examine the reasons behind the rise in reports against listed companies.

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/.