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Lexis Middle East Law Alert: Saudi Civil Transactions Law Supplement News developments

Lexis Middle East Law Alert: Saudi Civil Transactions Law Supplement

  • 06/12/202308/12/2023
  • by Tanya Jain

Presenting the latest edition of our complimentary law magazine, the Lexis Middle East – Law Alert! The “Saudi Civil Transactions Law Supplement” is a comprehensive guide tailored for legal professionals, providing a deep dive into critical aspects of civil transactions in Saudi Arabia. This supplement encompasses various legal facets, offering insights and analysis crucial for understanding and navigating the intricacies of the Saudi legal landscape.

The supplement comprises diverse sections, each addressing significant components of civil transactions law:

RISKY BUSINESS: Risk Allocation in Contracts

Explores the strategies involved in managing risk within legal frameworks in contractual agreements. Jawahir Al-Subaie from Z&Co. examines pivotal provisions of the new Civil Transactions Law, including their impact on contract formation, termination, limitations of liability, and more.


RIGHT APPROACH TO REAL ESTATE

Focuses on the legal aspects governing real estate transactions under the Civil Transactions Law. Sarah Gonem of Z&Co. provides insights into how this comprehensive legal framework will operate concerning property rights.


DEALING WITH DEBT AND DEBTORS

Discusses navigating debt-related transactions within legal parameters, particularly concerning guarantees and debt resale. Martin Creek of Z&Co. explains the anticipated changes in handling these aspects under the new Civil Transactions Law in Saudi Arabia.


IN HARM’S WAY: Tort Liability

Explores the principles and complexities surrounding tort liability, offering an understanding of civil wrongs and liabilities. Dr. Yazid Almasoud from Z&Co. explains the application of tort liability in Saudi Arabia under the new Civil Transactions Law.


IN-HOUSE PROFILE

Features Chief Legal Officer Ibrahim Bakhurji‘s insights into the National Infrastructure Fund’s role in developing infrastructure and financing solutions. This section provides valuable perspectives on legal strategies within this sector.


CONTRACT WATCH

Analyses settlement agreements, providing legal professionals with a detailed understanding of dispute resolution through contractual arrangements. Contributor Muneerah Alwahbi, Partner at Z&Co., sheds light on the elements involved in these agreements.


2023 LMELA_SaudiCivilTransactionsLaw_Supplementary

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

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Saudi Arabia News developments

Saudi Arabia: Rights and Obligations of Public Transport Users Regulation Approved

  • 01/12/202301/12/2023
  • by Tanya Jain

Saudi Gazette, 25 November 2023: Saudi Arabia’s Transport General Authority or TGA has announced it has approved a regulation regarding rights and obligations of public transport users.

It has also approved the schedule of violations and fines. They have done so in line with Saudi Arabia Cabinet Decision No. 44/1445 on the same topic.

The regulation includes four sections covering all of the rights and obligations of public transport users in the Kingdom. Among other requirements, passengers have to give up seats for families with children.

Passengers will also be entitled to be offered options if their mode of transportation is delayed or cancelled for more than 120 minutes.

The carrier must provide passengers with several options. They should offer passengers the option of proceeding with their journey, rescheduling with alternative routes at no extra cost, or opting for a full ticket refund and returning to their point of origin.

However, the carrier will be exempt from liability and minimum compensation for delays in arriving at final destinations, when it is caused by circumstances beyond their control. This includes situations where adverse weather conditions jeopardise safe operations or when exceptional circumstances or force majeure events disrupt regular services, despite all reasonable precautions being taken.

Passengers can choose between a full ticket refund for the unused itinerary, accompanied by compensation equivalent to 25% of the ticket value for the cancelled trip, or exploring alternative travel arrangements within three hours of the original departure time. This alternative must be in a class equivalent to their initial reservation and compensation must be equivalent to 25% of the ticket value for the cancelled trip.

It aims to increase the level of awareness about the rights and obligations of beneficiaries.

The first section in the regulation includes the general provisions that apply to all means of transport covered under the regulation.

The second section covers land transport. The provisions spell out the rights and obligations of public transport bus users in and between cities. They also specify the rights and obligations of users in assisting and enabling disabled people and those with limited mobility to use buses.

The third section covers railway transport. They clarify the rights and obligations of railway users in and between cities. They also clarify the rights and obligations of users in assisting and enabling disabled people to use trains.

The fourth section covers maritime transport. They clarify the rights and obligations of users of maritime transport. They also clarify the rights and obligations of users in assisting and enabling disabled people and those with limited mobility to use maritime transport.

The tables of classification of violations and penalties also specify the obligations of bus users in and between cities, the obligations of railway users in and between cities and the obligations of maritime transport users.

Additional reporting from Gulf News (United Arab Emirates) on 25 November 2023.

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Saudi Arabia News developments

Saudi Arabia: Passenger Rights Protection Regulations Come into Force

  • 24/11/202324/11/2023
  • by Tanya Jain

Gulf News (United Arab Emirates), 20 November 2023: New passenger rights protection regulations issued by Saudi Arabia’s General Authority of Civil Aviation have come into force.

They cover ticketing, boarding, in-flight services, baggage handling and helping passengers with special needs, including those with reduced mobility.

Travellers could be compensated 6,568 Saudi Riyals for lost or damaged baggage.

Passengers whose baggage is delayed will receive 740 Riyals for the first day of delay and 300 Riyals for every subsequent day up to a maximum of five days.

Compensation provisions have also been strengthened and extended. Compensation of between 150 and 200% of the original ticket value could be awarded for flight delays, cancellations, overbooking and unexpected stopovers.

Passengers who are delayed for more than three hours can now disembark and receive compensation in line with the new regulations.

Passengers must also not be left stranded during unscheduled stops. Passengers will be compensated 500 Riyals each time they are.

Travellers who are on overbooked flights can expect refunds and compensations up to 200% of the original ticket value.

Those who are downgraded will be entitled to 200% compensation as well.

Airlines who deny a disabled passenger boarding or provide inadequate facilities will have to pay compensation of 500 Riyals or 200% of the original ticket price.

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Saudi Arabia News developments

Saudi Arabia: Private Sector Entities Urged to Complete Employment Contract Documentation

  • 17/11/202317/11/2023
  • by Tanya Jain

Saudi Gazette, 13 November 2023: Saudi Arabia’s Human Resources and Social Development Ministry has urged private sector entities to complete the employment contract documentation procedures for their Saudi and non-Saudi employees via the Ministry’s Qiwa platform.

The Ministry has specified the compliance percentages required by establishments in terms of contract documentation, based on the total number of employees the establishment has.

  • 20% of contract documentation had to be completed by the end of the first quarter of this year.
  • 50% of contract documentation had to be completed by the second quarter of this year.
  • 80% of contract documentation had to be completed by the third quarter of this year.

Only those establishments who completed 80% or more of contract documentation by the end of the third quarter will be able to benefit fully from the Ministry’s services.

The contract documentation service enables employers to upload and update employee contract information in an automated and easy way.

It also allows employees to verify the validity of their contract data. If both parties agree, the contract will be considered documented and approved by the Ministry.

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Saudi Arabia News developments

Saudi Arabia: Special Economic Zones Centre to be Established

  • 08/11/202308/11/2023
  • by Tanya Jain

Arab News, 6 November 2023: Saudi Arabia’s Royal Commission for Riyadh City has announced it is going to establish a Special Economic Zones Centre.

The Centre will help the Commission oversee the special economic zones in Riyadh City.

It will have its own financial and administrative independence, which will allow it to develop new economic zones in Riyadh.

It will be responsible for granting licences to investors in these zones and will offer comprehensive services based on international best practices.

This will facilitate the recruitment of national and international talent and expertise to work with the new businesses and firms in the Centre.

It will also support Riyadh’s transformation into one of the world’s largest city economies. It will do this by creating a competitive regulatory environment for a broad range of economic activities.

It is being established in line with national economic diversification goals.

The Centre will cooperate with the Royal Commission for Cities and Special Economic Zones to develop strategies for the economic areas.

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Saudi Arabia News developments

Saudi Arabia: New Shipping Service Announced

  • 04/11/202304/11/2023
  • by Tanya Jain

Nuom News, 30 October 2023: Saudi Arabia’s General Ports Authority or Mawani has announced the launch of a new shipping service.

CMACGM has launched a new India Gulf Express shipping service to King Abdulaziz Port in Dammam.

The new shipping service connects King Abdulaziz Port in Dammam with seven regional and international ports including Nhava Sheva, Mundra and Mangalore in India, Colombo in Sri Lanka, Jebel Ali and Khalifa in the UAE and Umm Qasr in Iraq.

It will operate four ships a week, with a total capacity of up to 9,800 containers.

It will improve the operational capabilities of King Abdulaziz Port in Dammam.

It will boost trade and export activity and increase the Kingdom’s links with global markets.

In addition to improving economic growth by reducing the time required for imports and exports, it will also reduce the cost of sea freight to and from the Kingdom’s ports, in line with the National Strategy for Transport and Logistics Services.

Click here to read more.

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Saudi Arabia News developments

Saudi Arabia: Major Visa Change Announced

  • 26/10/202326/10/2023
  • by Tanya Jain

Saudi Gazette, 23 October 2023: Saudi Arabia’s General Directorate of Passports or Jawazat has announced a major visa change.

They have urged holders of all types of visit visas, who are staying in the Kingdom, to strictly comply with the visa rules and regulations and extend it seven days before it is due to expire.

They can do so electronically via the Absher Afrad or Absher Aamal portals and the Muqeem e-portal.

This means they do not need to visit the Jawazat offices in person.

When they are renewing their visa, they should also make the relevant payment and ensure they have valid medical insurance.

Any beneficiaries who face difficulties in utilising the e-service can submit a request to the Jawazat via its communication service on the Absher platform. A specialist team at the directorate will examine the case and notify the beneficiary of the status via text message.

However, the visit visa cannot be extended for more than 180 days.

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Lexis Middle East HR Alert – October 2023 Edition News developments

Lexis Middle East HR Alert – October 2023 Edition

  • 25/10/202326/10/2023
  • by Tanya Jain

Introducing the October 2023 edition of Lexis Middle East – HR Alert!

Delve into our complimentary publication, Lexis Middle East – HR Alert, designed to provide you with a comprehensive source of insights and updates to keep you well-informed about the latest developments in the Labor and Employment landscape of the MENA region. We have meticulously curated the most recent HR updates and developments to ensure you remain empowered. This publication highlights significant cases and offers valuable insights into HR policies and laws within the region.

Within this edition, you will discover exclusive interviews with prominent HR professionals and expert advice on emerging industry trends. Stay up-to-date and enhance your HR knowledge with the latest release of Lexis Middle East – HR Alert.

This edition features a diverse range of content, including:

Feature: The New Order

Gain valuable insights into the evolving Omani Labour Law regime and its impact on the region. New legislation in Oman, explained by Thomas Wigley and Elisha Wilson of Trowers & Hamlins, is set to influence various aspects, from employment contracts and pensions to policies and termination.


Trend Setter – AI and Workforce Decisions

Embark on a journey into the realm of Artificial Intelligence (AI) and its role in shaping workforce decisions. Delve into the legal considerations surrounding AI in employment relationships, with Joanna Matthews Taylor, Partner at Baker McKenzie.


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

Stay abreast of recent developments, including updates on labour disputes and other significant news items.


Status Report: The Latest on Localisation

Stay updated with the latest developments, including substantial changes in labor disputes within the UAE. A detailed status report on localisation policies across the GCC, authored by Rekha Simpson, Ali Ibrahim, and Ren Jongerius of Vialto Partners, examines their impact on expatriate employees and employers.


Law Changes: New and Proposed MENA Laws

Uncover critical updates, including amendments to the DIFC Data Protection Regulation. Joshua Decker, Senior Counsel at Vaishvik Law International Ltd, sheds light on the significance of these changes.


Case Focus:

Dive into the details of a landmark case – the first-ever race discrimination case in the QICDRC courts, involving Khadija Al-Marhoon and Ooredoo Group Company. Recommended by K&L Gates LLP.


HR Profile – Labour Risk

Meet Rachael Sands, Senior Legal Counsel – Labor and Employment at Abdul Latif Jameel (ALJ), and explore her unique approach to managing labor-related risks.


Policy Pointers – Death in Service

Delve into the topic of death in service payments and its legal implications, featuring contributions from Yulia Kasiyanova, Associate Partner at SCHLÜTER GRAF Legal Consultants.


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_October 2023

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
Saudi Arabia News developments

Saudi Arabia: Facility Management Regulation to be Introduced Early Next Year

  • 18/10/202318/10/2023
  • by Tanya Jain

Arab News, 16 October 2023: The CEO of Saudi Arabia’s Real Estate General Authority has announced it will introduce a first-of-its-kind facility management regulation early next year.

It will be introduced in the first quarter of 2024 as part of the Authority’s commitment to standardising and regulating facility management operations.

It is aimed at overseeing real estate facilities and transforming the housing sector.

It is also aimed at improving the sector’s trustworthiness and investment appeal.

They made the announcement during their address to the Middle East Facility Management Association Confex 2023.

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Saudi Arabia News developments

Saudi Arabia: Call for Tax Fines Exemption Initiative to be Utilised

  • 11/10/202312/10/2023
  • by Tanya Jain

Arabian Business, 9 October 2023: Saudi Arabia’s Zakat, Tax and Customs Authority has urged individuals and businesses to take advantage of a tax fine exemption scheme.

The Kingdom’s Finance Ministry announced it had published a guide to an initiative to apply for the exemption of fines before the end of this year in September this year.

The initiative aims to mitigate the financial implications arising from COVID-19 that affected companies.

It discusses the exemption from fines resulting from late registration in all tax laws and regulations.

It includes the exemption from delayed payment fines and overdue tax return submission and exemption from the VAT return correction penalty.

However, the conditions for taxpayers who could benefit from the initiative still apply.

The seven-month initiative was launched on 1 June 2023 and ends on 31 December 2023.

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