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News developments

The Good, The (Not) Bad And The Uncertain: The Impact of the UAE’s New Federal Arbitration Law – Pinsent Masons

  • 17/06/201811/12/2019
  • by Benjamin Filaferro

The final stage of the legislative process for the new UAE Arbitration law (Federal Law No. 6/2018 on Arbitration in Commercial Disputes) took place with the publication of the new law in Official Gazette issue No. 630 dated 15 May 2018. The new law comes into effect on 16 June 2018, one month from the day following its official publication.

The new Arbitration law is a welcome advance for arbitration in the UAE. It expressly repeals the former law governing arbitration in the UAE since 1992, contained in a short chapter of the Federal Civil Procedure Code (Federal Law No. 11/1992), replacing it with a modern law based on the internationally recognised and accepted UNCITRAL Model Law.

Article 59 of the new UAE Arbitration law provides for its immediate application to all existing arbitrations, notwithstanding that they were commenced prior to the law coming into effect. Importantly, the introduction of the new law will not invalidate any aspect of the proceedings that took place before it came into effect. Parties currently in arbitration will need to ensure that they are fully aware of all of the changes introduced by the new law. However, it is unclear how those who are contemplating challenging an award made against them prior to the law coming into effect will be impacted by the new law, and in particular the new 30 day time limit which will apply for raising a challenge to an award.

While significant positive change will be brought about by the introduction of this new law, some of the old uncertainties remain unaddressed and a few new ones will emerge. On balance, however, the impact of the new law is expected to be overwhelmingly positive for the legal community and the wider business community, both within the UAE and abroad.

To mark the announcement of the commencement of the new UAE Arbitration law, Bill Smith and Maria Mazzawi from Pinsent Masons prepared a comprehensive analysis of the new law, which explains which issues troubling arbitration in the past have been addressed by the new law, and which have not. We have also examined whether there might be any new uncertainties introduced by the new law.

The enactment of the new Arbitration law has been designed to attract further foreign direct investment into the UAE, and to firmly reinforce the UAE’s place as the most progressive market for doing business in the Middle East region. Its introduction provides an international framework, which is already familiar to the global business community, for the fair and efficient resolution of their commercial disputes.

Read full article here: www.pinsentmasons.com/Global/UAE_Arbitration_law_update.pdf

News developments

UAE: Unaccompanied Minors Now Need Parental Authorisation When Entering UAE – LNB News (04/06/2018)

  • 10/06/201811/12/2019
  • by Benjamin Filaferro

Newspaper: Gulf News, 1 June 2018

From 1 June 2018, those under 18 years will not be allowed to travel to the UAE without an authorisation letter from their parents if they are not travelling with their parents.

The authorisation form must be completed by the parents with relevant details of the child’s address overseas and in the UAE and information about who will receive the child in the UAE. Even in cases where the minor is travelling with another family member, an authorisation letter from the parents, or guardians will still be required, Air India has said. Airline staff are able to escort minors through immigration, provided that the form has been completed and the process of handing them over to the authorised person has been duly followed.

It has been stated minors could be deported if the immigration authorities in the UAE suspect illegal activity and the information provided is insufficient to address such concerns. In such cases, the normal process and subsequent fines will also apply.

Weekly Spotlight

UAE: The New Arbitration Law Has Been Gazetted

  • 10/06/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in the UAE where the long-awaited and much anticipated Arbitration Law has been Gazetted. Federal Law No. 6/2018 will apply to all local arbitrations taking place in the UAE, unless agreed otherwise. It will also apply to any international commercial arbitration taking place outside the UAE, where the parties have agreed to apply UAE arbitration law and all arbitrations arising as a result of a contractual or non-contractual relationship governed by UAE law, unless expressly excluded. We have priority requested this important legislative development from our publishing partners, SADER Legal Publishing and we will keep you updated on its progress. The Law will replace the arbitration provisions in Federal Law No. 11/1992. We have been delighted to include analysis of this important legislative development from Afridi & Angell, Al Tamimi & Company, BSA Ahmad Bin Hezeem & Associates LLP, Clyde and Co, Hogan Lovells and Pinsent Masons LLP and their insights can be viewed under the Commentary section of Lexis Middle East Law (www.lexismiddleeast.com).

Weekly Spotlight

Weekly Spotlight: Ownership of Emirati Companies by Foreign Entities in the Mainland to Be Allowed

  • 27/05/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is once again on the UAE where the Cabinet has announced two key investment rule changes. Under the changes, ownership of Emirati companies by foreign entities in the mainland will be allowed. Previously this was only allowed in the free zones. The change will come into effect in the third quarter of this year. The Cabinet also approved a new long-term visa system aimed at attracting international investors and high-skilled professional workers. Investors, scientists, doctors, engineers, entrepreneurs and innovators will be able to apply for a 10-year visa.

We have been delighted to include analysis of this important legislative and regulatory development from BSA Ahmad Bin Hezeem & Associates LLP and K&L Gates LLP, and their insights can be viewed under the Commentary section of our website.

Weekly Spotlight

Weekly Spotlight: UAE Arbitration Law Finally Published

  • 20/05/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is firmly on the UAE where the long-awaited and much anticipated Arbitration Law has been published. Federal Law No. 6/2018 on Commercial Arbitration has not yet been Gazetted but it has been priority requested from our publishing partners, SADER Legal Publishing and we will keep you updated on its progress. The Law will replace the arbitration provisions in Federal Law No. 11/1992. We have been delighted to include analysis of this important legislative development from Afridi & Angell, Al Tamimi & Company and Hogan Lovells and their insights can be viewed under the Commentary section of Lexis Middle East Law (www.lexismiddleeast.com).

News developments

Dubai: New Initiatives Launched by Airport Free Zones Authority

  • 19/05/201811/12/2019
  • by Benjamin Filaferro

Dubai’s Airport Free Zones Authority has launched two initiatives. The first, Dubai Blink will provide the first digital platform for free zones who use artificial intelligence and Blockchain for trading between companies and enterprises. The second initiative will see the first financial market especially for free zones created. The initiatives are part of the Dubai 10X initiative which was launched by HRH Hamdan Bin Mohammed Al Maktoum in February.

News developments

Dubai: Surgical Filming Banned

  • 12/05/201811/12/2019
  • by Benjamin Filaferro

Dubai’s Health Authority has issued a Circular banning all surgical filming in health care facilities in the Emirate. The Director of Health Regulation at the Health Authority, Dr Marwan Al Mulla said the Circular has been issued following an increase in people who aren’t allowed to be in theatres filming surgery to air live on social media channels. These activities can affect health professional’s concentration during surgery and violates infection control laws. Anyone who violates the Circular will be guilty of violating a patient’s privacy and even if the patient says they can enter they will not be able to.

News developments

Dubai: eCRIME Online Platform Launched

  • 06/05/201811/12/2019
  • by Benjamin Filaferro

The Commander-in-Chief of Dubai Police, Major General Abdullah Khalifa Al Marri has announced they have launched an eCRIME online platform to receive cyber crime reports from the public. The www.ecrime.ae website has been launched as part of the Dubai 2021 Plan. It will allow any suspicious online activity to be reported by online users.

News developments

Dubai: New Mortgage and Finance Law Approved

  • 28/04/201811/12/2019
  • by Benjamin Filaferro

Dubai’s Land Department has announced it has approved a new mortgage and finance law. The aim is to boost investment and the number of listed companies in the Emirate as well as make more financing tools available and update financial mechanisms in the Emirate’s property sector. It is part of a series of initiatives following the directives of Dubai’s Crown Prince and Executive Council Chairman, Sheikh Hamdan. These initiatives fall under the Dubai Plan 2021 umbrella.

Weekly Spotlight

Weekly Spotlight: New Law to Regulate Volunteering Activities in Dubai

  • 22/04/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in Dubai, where the Emirate’s Ruler has issued a Law to regulate volunteering in the Emirate. Dubai Law No 5/2018 will regulate volunteering activities and it is hoped will also promote social responsibility, stimulate positive social engagement and encourage people to serve their communities. Under the Law, Dubai’s Community Development Authority will establish, implement and oversee the plans and policies required to regulate volunteering in the Emirate. They will also encourage the public and private sectors to sponsor volunteering programmes and conduct awareness programmes about the importance of volunteering in community development.

In addition, the Authority will coordinate volunteering programmes, establish a volunteer’s database in the Emirate, issue identification cards for volunteers and participation certificates for volunteers. They will help entities attract volunteers for their initiatives and nominate volunteers to participate in volunteering initiatives based on their skills and qualifications. Entities sponsoring or conducting volunteering initiatives will have to be authorised by the Authority. Volunteers will be able to form teams to participate collectively in volunteering programmes in the Emirate on the condition the team has registered itself in the Authority’s database and obtained all of the necessary permits from the Authority. The volunteer teams will not be allowed to conduct any fundraising activities, including advertising through any kind of media, unless they are approved by the Authority. Public and private entities engaged in volunteering activities will have to define the standards and regulations governing their volunteering activities and provide a copy of these standards and regulations to the Authority. They should also specify the category and nature of the volunteering activity and if necessary train volunteers to perform the work. The entities must maintain a record with the volunteers’ names, personal information, the nature of work they have done and the hours of volunteering work they have done. They should also register this information in the Authority’s database. They must also provide all required tools and safety equipment necessary for the volunteers to perform their activities. In addition, the entities must provide insurance coverage against injuries, contagion and civil liabilities. All volunteers must sign the volunteering agreement issued by the Authority and this agreement must detail the relationship between the volunteer and the entity.

Under the Law, the volunteer must be over 18. Volunteers under 18 must be approved by their legal guardian. The volunteer must have a record of good conduct, be physically fit and be registered as a volunteer with the Authority. Volunteers must commit to their obligations according to the volunteering agreement and respect confidentiality. The sponsoring entity is responsible for all volunteering activities and efforts carried out by the volunteers. The Authority’s Director-General will form a Volunteers Affairs Committee to look into any complaints or litigation related to volunteering agreements. All sponsoring entities, volunteer teams and individuals must comply with the Law. The Law will be published in the Official Gazette and will come into effect on its published date.

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