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Franchising in the UAE
1. Introduction The UAE has witnessed a rising number of franchise models over the last years. In particular, numerous international and national brands are recognizing the significance of the model and expanding their business to the UAE and other GCC Countries. But also small and mid-size companies are exploring franchise opportunities in Dubai and the…
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New DIFC-LCIA Arbitration Rules came into effect as of October 1, 2016
The DIFC-LCIA Arbitration Rules have been slightly amended with effective date of October 1, 2016. In a nutshell, the new DIFC-LCIA Arbitration Rules have incorporated provisions regarding the access to emergency arbitrator (see Article 9B); provision for multi–party disputes (see Articles 1.5 and 2.5); measures to increase efficiency and avoid delays in proceedings (see Articles 9C, 10 and…
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Post Termination Restrictions of a Departing Employee
An important means for Employers to protect their business, confidential information and secrets from departing employees is the arrangement of so-called post termination restriction clauses. Article 127 of the Labour Code of the UAE provides that an employer may agree on a post-contractual non-competition clause with an employee who, due to their employment with the…
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Court of Cassation Rejects the Recognition of a California Judgment – DIFC Courts as “Conduit” Jurisdiction
Azhari Legal Consultancy defended successfully the recognition and enforcement of a judgment issued by a California District Court. The judgment of the Dubai Court of Cassation rejecting the recognition and execution of the US-judgment is not a “milestone” judgment. It rather confirms the traditional case law related to the recognition and execution of foreign judgment…
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The Apple Ruling
The Untimely Death of “Double-Irish Dutch sandwich”? The ruling of the EU-Commission by which Apple Inc. (“Apple”) was compelled to pay EUR 13 billion is without exaggeration a historical decision. There have been several comments and reactions on the EU-Ruling. Some comments suggest the end of the “Irish Double” and see international tax optimization structures…
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Judicial Tribunal for the Dubai Courts and the DIFC Courts
On June 9, 2016, H.H. The Ruler of Dubai issued Decree 19/2016 (the “Decree”) to establish the ‘Judicial Tribunal for the Dubai Courts and the DIFC Courts.’ Given the uncertainties as to how DIFC Courts and Dubai Courts should have jurisdiction, the Decree could become an important development in Dubai’s legal system. The intentions of the Decree are…
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Merger and Acquisition
Mergers & Acquisition Due to the positive economic development and the fact that no taxes are levied there, the UAE are an interesting business location. Some foreign companies decide to enter the local market through the acquisition of already existing companies. By this means, the foreign company saves time and money for the market launch and the gaining…
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DIFC Wills: Protect Your Assets in Dubai
Prior to the launch of Dubai International Financial Centre (“DIFC”) Wills and Probate Registry, Dubai Courts would normally apply Sharia law to non-Muslims for the question of how to distribute their assets in Dubai in the event of their deaths. The DIFC Wills and Probate Registry (“WPR”) is an administrative body that collaborates with the…
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Abu Dhabi’s New Real Estate Law
The Abu Dhabi new real estate law, Law No. (3) of 2015 Regulating Real Estate Sector in the Emirate of Abu Dhabi, has come into effect as of January 2016. This article discusses a few impotent provisions that have been introduced by the new law. Part one of the new law defines important terms, such as the…
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Ministry of Labour Provides Official Template of Offer Letter
Background Following the three ministerial decrees of January 2016, all employees across the UAE will be presented with a standard Job Offer that contains clear and binding terms of employment, prior to the worker’s entry in the UAE, or prior to the change of status in case the worker is already in the country. If an employee is…
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