Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the UAE courts to require the foreign award to satisfy the rules and procedures of the UAE, and they […]
Following the recent introduction by Dubai DED of a regulatory framework enabling foreign companies to transfer their place of registration to the Emirate mainland, we are pleased to share hereby a high level overview of the new law’s key features, as well as a comparison chart of the various inbound (substantiated) migration regimes available in […]
The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure. Upon the dissolution of a company, it is considered to be […]
The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai. The arbitration process is the preferred method to resolve disputes by commercial companies. As the […]
In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity. The parties to a dispute may apply for annulment of […]
An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to make an application. The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the […]
When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and lawyers’ fees, and undertaking the required effort? When you make a decision to […]
The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval of the Competent Authority specified in the Company Law for that type of company. The merging of companies […]
Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal requirements under Company Law. (Company Law, Part Nine, Chapters 1 & 2, Arts. 273-280, Part Ten, Chapters 1 & 2, Arts. 281-312) The change is made by a decision or resolution adopted in accordance […]
The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is appointed. A Branch Office that is legally part of its parent company is permitted to perform contracts or conduct […]
The dissolution of a company can result in its termination. The company can be dissolved for a number of reasons: 1. The expiry of the period specified in the Memorandum or the Articles Of Association, unless the period is renewed in accordance with the company’s Memorandum and Articles.2. The objects of incorporating the company are […]
Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Setting up a Local Company is an excellent way to enable you to have a presence in Dubai as well as operate within […]