Hadef & Partners

12
Jan
2022
New Federal Decree Law No. (16) of 2021 on Assignment of Receivables and Factoring
In this Article, Howrey Kamal, Trainee Solicitor, discusses Federal Decree Law No. (16) of 2021 on Assignment of Receivables and Factoring which came into force on 7 December 2021.
Howrey Kamal
12
Jan
2022
Significant changes to trade mark practice in the UAE following accession to the Madrid Protocol and issuance of a new trade mark law
The latter half of 2021 and early 2022 has seen very significant changes in trade mark practice in the UAE, including a new trade mark law and the accession of the UAE to the Madrid Protocol. James Dunne (Head of Trade Marks and Brand Protection) and Rami Omar, Senior Legal Consultant – Dispute Resolution) provide an overview of key changes which will provide brand owners with an increasingly cost-effective means of protecting, commercialising and enforcing their trade mark rights in the UAE.
James Dunne and Rami Omar
12
Jan
2022
Hadef successfully obtained a judgment in relation to the applicability of a Bank’s General Terms & Conditions to a party’s right to apply set-off
In this article, Howrey Kamal, Trainee Solicitor Dispute Resolution, discusses a significant judgment from the Abu Dhabi Court of Cassation regarding the applicability of a Bank’s General Terms & Conditions and the principles of set-off
Howrey Kamal
04
Jan
2022
Crypto, factoring and other key banking developments in 2021
A range of exciting developments in the UAE banking regulatory sphere occurred in 2021. Catriona McDevitt, Partner, Head of Banking & Finance, discusses some of these changes.
Catriona McDevitt
22
Dec
2021
Structuring of M&A Transactions in the UAE
M&A deals in the UAE are typically structured as share sales but asset sales became more common following the outbreak of the Covid-19 pandemic. There are various challenges associated with asset deals in the UAE, which tend to make such deals more complicated, time-consuming and expensive to implement. All transactions are different and the respective advantages / disadvantages of share / asset deals should always be considered carefully by the parties and their advisers at the outset of a transaction.
Hadef & Partners, Sector Groups
21
Dec
2021
Renewable Energy M&A in the UAE: Key Legal Issues for Consideration
The transition to clean energy (which, according to some commentators, seems to have been accelerated by the outbreak of the Covid-19 pandemic, in that the pandemic has reinforced the need for respect for science and nature, and a global approach to a global problem) is likely to prompt an increase in M&A in the sector, including in the UAE and the wider MENA region. Buyers and sellers in such transactions need to carefully consider, among other things, legal issues specific or relevant to the sect
Hadef & Partners, Sector Groups
30
Nov
2021
New UAE Companies Law – Confirmation of Relaxation of Foreign Ownership Restrictions
A new Companies Law will come into force on 2 January 2022 which replaces in its entirety the existing UAE Companies Law. Ahmad Sergieh, Partner, Head of Corporate, Dubai and Marwan Abdel Hamid, Senior Associate discuss how the New Companies Law confirms the principle of relaxation of foreign ownership restrictions initially introduced under the Decree of 2020 amending certain provisions of the existing UAE Companies Law.
Ahmad Sergieh and Marwan Abdel Hamid
09
Nov
2021
Revocation of a UAE (“.ae”) Domain Name
In this article, Dispute Resolution Partners, Karim Mahmoud and Taher Abdeen and Associate Abdul Hannan Mian discuss the growing litigation over domain name disputes in the UAE, and the routes available to remedy.
Karim Mahmoud, Taher Abdeen and Abdul Hannan Mian
08
Nov
2021
Hadef in the Courts: the Abu Dhabi Cassation Court overturns the findings of a court appointed expert
In this article, Khalid El Sherif, Senior Legal Consultant and Howrey Kamal, Trainee Solicitor Dispute Resolution discuss a significant judgment from the Abu Dhabi Court of Cassation with regard to overturning a court appointed expert on appeal.
Khalid El Sherif and Howrey Kamal
03
Nov
2021
Hadef in the Courts: Landmark case establishing precedent on requirement for power of attorney to benefit agents
In a recent case handled by our Abu Dhabi office, the court established a precedent for situations where an agent’s scope of powers include the conferring of a personal benefit.
Mohamed Wahba and Hiba Mahmud
31
Oct
2021
2021 Amendments to UAE Civil Procedure: Debt Recovery and Payment Orders, Dispute Resolution
Mohammed Abbas, Associate, and Ahmed Al Zaabi, Advocate at Hadef and Partners review the impact of the 2021 Executive Regulations on payment orders. The new amendments increase the ability of creditors to obtain payment orders, granting more options to creditors seeking the recovery of debts in the UAE in a fast, efficient and ex-parte manner.
Mohammed Abbas and Ahmed Hasan Al Zaabi
27
Oct
2021
The Future of Crypto Assets Regulation in the UAE
The publication of the DFSA’s new regulatory framework for investment tokens is the latest step in regulation of crypto assets in the UAE. Catriona McDevitt, Partner, Head of Banking & Finance discusses these changes
Catriona McDevitt
12
Oct
2021
New light shed on future of Dubai arbitration – clarifying Decree No. 34 of 2021 concerning Dubai International Arbitration Centre
In this article, we aim to clarify the impact and implications of Decree No. 34 of 2021 concerning DIAC and important practical steps to consider, in light of the 7 October 2021 statements issued by the DIFC and the LCIA respectively.
Matthew Page and Alexander Wagg
14
Sep
2021
Hadef in the Courts: Enforceability of arbitration agreements
Omar Al Heloo, Partner, Mohammed Abbas, Associate and Rashed Faidhallah, Associate, Dispute Resolution successfully assisted a leading Fortune Global 500 Group in enforcing a foreign arbitral award issued in default before the Dubai Execution Court.
Omar Al Heloo, Mohammed Abbas, Rashed Faidhallah
14
Sep
2021
Hadef & Partners successfully defended a claim for deregistration of a trade mark in the Abu Dhabi Courts
Rami Obeid, Senior Associate, Dispute Resolution successfully defended a claim against our client for the deregistration of a trade mark in the Abu Dhabi Courts.
Rami Obeid
17
Aug
2021
Construction & Engineering Laws and Regulations 2021
In this chapter, Paul Suckling, Partner, Oliver Dupenois, Senior Associate and Alexander Wagg, Associate present an analysis on the common issues faced in the United Arab Emirates when dealing with construction projects, supervising construction contracts, and dispute resolution in this jurisdiction.
Paul Suckling, Oliver Dupenois and Alexander Wagg
29
Jul
2021
The International Arbitration Review: UAE Chapter
In this chapter, Matthew Page, Partner, John Smy, Partner, Head of Engineering & Construction, and Alexander Wagg, Associate present an analysis of arbitration in the UAE, capturing key recent developments, the current legal framework and discussing some of the most significant matters for comment in this jurisdiction.
Matthew Page, John Smy and Alexander Wagg
08
Jul
2021
Is Covid-19 to be regarded as a Force Majeure Event in Construction Contracts subject to UAE Law?
In this article, we look at the increase in construction disputes related to Covid-19 as a Force Majeure Event in Construction Contracts.
John Smy
10
Jun
2021
Relaxation of Foreign Ownership Restrictions: Lists of Approved Activities
In this article Ahmad Sergieh, Partner, Head of Corporate, Dubai, considers how the recently published lists of approved activities enhance opportunities for foreign investment and ownership in the UAE
Ahmad Sergieh
30
May
2021
Hadef in the Courts: Hadef & Partners successfully obtained recognition of a foreign bankruptcy judgment by Abu Dhabi Courts
In this article, Khalid El Sherif, Senior Legal Consultant and Howrey Kamal, Trainee Solicitor, Dispute Resolution discuss a recent successful recognition by the Abu Dhabi Court with regards to the enforcement of a Dutch bankruptcy judgment appointing a trustee for an international company.
Khalid El Sherif and Howrey Kamal
18
May
2021
Hadef in the Courts: Debt subordination as security
Rami Omar, Senior Associate and Mohammed Abbas, Associate, Dispute Resolution, Hadef & Partners Dubai successfully defended a multi-million-dirham claim brought before the Dubai Court of Cassation with regards to a Dubai Court judgment that has recently reinforced the validity of subordination agreements.
Mohammed Abbas and Rami Omar
17
May
2021
Hadef in the Courts: Successful outcome for 950 employees in the Ras Al Khaimah courts
In this article, Rachel Hill, Partner, Head of Employment discusses successfully exiting all 950 employees from our client’s subsidiaries and the UAE through the Ras Al Khaimah courts.
Rachel Hill
16
May
2021
Implementing Regulations of the Movables Pledge Law – Key Issues
The UAE has recently promulgated the implementing regulations of the Federal Movables Pledge Law. Corporate Partner, Ahmed Hadeed, discusses the procedures governing the movables pledge register, the registration of security rights, and the enforcement of a pledge right.
Ahmed Hadeed
02
May
2021
Extensions of time for Powers of Attorney in UAE trade mark matters
Brand owners considering trade mark registration in the UAE can now benefit from both reduced official fees for trade mark matters but, as of 11 April 2021, the ability to file a trade mark application and then ‘late file’ the supporting Power of Attorney within 30 days. Hadef & Partners Head of Trade Marks & Brand Protection, James Dunne, discusses how this change can enable an earlier filing date to be obtained than would have been possible under the previous practice.
James Dunne
14
Mar
2021
HADEF IN THE COURTS: Success in Case of White Collar Crime
Taher Ibrahim, Partner, Dispute Resolution, successfully defended a person accused of ‘white collar crime’ in a case brought before the Sharjah Criminal Court.
Taher Ibrahim
14
Mar
2021
What you need to know about the New UAE Federal Decree on Bounced Cheques
A significant change to the criminal aspects of bounced cheques is on the horizon. Karim Mahmoud, Partner, Dispute Resolution discusses these changes and how they will help overcome challenges with commercial dealings and with securing payments.
Karim Mahmoud
14
Mar
2021
ICC Rules 2021: Out with the Old, in with the New
The previous ICC Arbitration Rules, which came into force on 1 March 2017, have now been replaced by the amended 2021 ICC Arbitration Rules. Senior Associate, Maria Lezala and, Associate, Amira Ioana Shaat address the pertinent changes to the ICC Arbitration Rules in this Article.
Maria Lezala and Amira Ioana Shaat,
14
Mar
2021
The new DIFC-LCIA Arbitration Rules 2021 promote efficiency and effectiveness
The new updated DIFC-LCIA Arbitration Rules 2021 have been welcomed by commercial parties and the wider arbitration community. They enhance efficiency of the arbitral process, give express powers of early determination to the Arbitral Tribunal, and provide wider scope to order consolidation of arbitrations.
Matthew Page and Alexander Wagg
14
Mar
2021
Mandatory Listing of Shares of Joint Stock Companies on the Securities Exchanges in the Emirate of Dubai
The Dubai Government has recently issued Decree No. 3 of 2021 on the mandatory listing of shares of Joint Stock Companies on the Securities Exchanges in the Emirate of Dubai (“Decree”). Bilal Snaineh and Sundus Khan in the Corporate team, discuss the implications of the Decree on businesses in the UAE.
Bilal Snaineh and Sundus Khan
22
Feb
2021
UAE Onshore Trust Law – a vehicle for protecting and controlling family assets and corporate structuring
The UAE has recently promulgated a law regulating trusts. Corporate partner, Ahmed Hadeed, discusses advantages provided by the trust as an investment and family business vehicle.
Ahmed Hadeed
19
Jan
2021
Four key articles to consider in LLC articles
Corporate partner, Ahmed Hadeed, discusses four key articles to consider when preparing the articles of association of a limited liability company.
Ahmed Hadeed
19
Jan
2021
HADEF IN THE COURTS: Court of Cassation success for our Dispute Resolution team
Khalid El Derderi, Senior Associate and Mohammed Abbas, Associate, Dispute Resolution, Dubai successfully defended a longstanding multimillion dirham claim which was twice referred to the Court of Cassation.
Khalid El Derderi and Mohammed Abbas
19
Jan
2021
The UAE legislator’s battle against the Covid-19 pandemic
The UAE legislator has implemented a range of measures to safeguard the UAE during the global pandemic. Sayed Abdul Rahman, Head of Litigation Coordination in the Abu Dhabi Dispute Resolution team discusses the laws and regulations that affect employment, criminal justice, bankruptcy, governmental regulation and social responsibility
Sayed Abdul Rahman
15
Dec
2020
Foreign Ownership Enhancement: Liberalisation of the UAE’s Foreign Direct Investment Regime
In this article, Ahmad Sergieh, Partner, Head of Corporate in Hadef & Partners Dubai discusses opportunities for foreign investment and ownership in the UAE.
Ahmad Sergieh
09
Dec
2020
New Amendments to the UAE Bankruptcy Law
In this article, Ahmad Sergieh, Partner, Head of Corporate, Dubai discusses the new Amendments to the UAE Bankruptcy Law.
Ahmad Sergieh
08
Dec
2020
New SCA Regulation on Public Offering: the Time has come for Free Zone Companies to Consider Going Public
In this article, Yasser Omar, Head of Corporate, Abu Dhabi, Hadef & Partners, discusses the new resolution paving the way for free zone companies to go public.
Yasser Omar
24
Nov
2020
Further Enhancements to the Foreign Direct Investment Regime in the UAE
In this article, Ahmad Sergieh, Partner, Head of Corporate, Dubai discusses the impact of the recent changes to the Foreign Direct Investment Regime in the UAE.
Ahmad Sergieh
09
Nov
2020
The Rise of Bond Calls
In this article, we look at the increase in Bond calls due to current market conditions, the impact of such calls and how to resist unwarranted Bond calls.
John Smy and Matthew Page
09
Nov
2020
Directors’ Liability in Cases of Bankruptcy Under UAE Law
In this article, Corporate partner Ahmed Hadeed discusses key areas of potential liability for directors.
Ahmed Hadeed
09
Nov
2020
Foreign Direct Investment in Abu Dhabi
In this article, Yasser Omar, Partner, Head of Corporate, Abu Dhabi discusses the Abu Dhabi Department of Economic Development decision to identify the sub-categories of the activities specified in the positive list issued by the UAE cabinet and the stipulated requirements to enjoy 100% foreign ownership in these activities.
Yasser Omar
09
Nov
2020
Ultimate Beneficial Owner and Shareholder Registers
Federal Cabinet Resolution No 58 of 2020 requires all UAE Companies established in onshore UAE and in the non-financial free zones to disclose their ultimate beneficial owners to ensure transparency of entities registered in the UAE.
Sundus Khan
09
Nov
2020
Hadef in the Courts: The Principle of Good Faith – how material is this principle in governing legal rights and obligations?
The principle of good faith may be a fundamental basis for governing legal rights and obligations, and may be applied by the UAE courts to achieve an equitable outcome in situations where competing interests are alleged to exist.
Hiba Mahmud and Khalid El Sherif
09
Nov
2020
Face masks, fluid trade marks and the “new normal”: Factors to be considered by brand owners under COVID-19
Amidst face masks, social distancing, and virtual meetings, the “new normal” in the time of COVID-19 has presented brand owners with the opportunity to leverage their trade mark and brand recognition to promote social awareness. For some brand owners, the changing economic climate has also led to the exploration of new channels of trade and sources of revenue – so-called ‘pivoting’. In both cases, it is essential for brand owners to consider what steps can or should be taken to protect brand use.
James Dunne
01
Oct
2020
Ultimate Beneficial Ownership Regulations
In this article, Ahmed Hadeed, Partner in the Corporate Team, explains the new Ultimate Beneficial Ownership Regulations.
Ahmed Hadeed
09
Sep
2020
Post-termination restrictions: pivotal or pointless
In this article, Rachel Hill addresses 5 frequent questions employers raise when considering post-termination restrictions.
Rachel Hill
09
Sep
2020
Returning to work post COVID-19
In this article, Rachel Hill, Head of Employment, provides 5 insightful tips to aid successful return to work in the UAE.
Rachel Hill
09
Sep
2020
Hadef in the Courts: successful outcome in VAT case involving voluntary disclosure
In this edition of Hadef in the Courts, Rami Omar, Senior Associate and Taher Abdeen, Senior Advocate in our Dubai Disputes team discuss a case in the Court of First Instance. This case recently achieved an important outcome for an international company in relation to a VAT case that addresses VAT calculation and related penalties and Voluntary disclosure of inadvertent error.
Rami Omar and Taher Abdeen
08
Sep
2020
Launch of 5-year retirement visa scheme for UAE residents
Rachel Hill, Head of Employment, discuss the launch of a 5-year retirement visa scheme for UAE residents.
Rachel Hill
08
Sep
2020
Hadef & Partners with the Dubai Land Department: Real Estate Initiative
The Dubai Land Department (“DLD”) has appointed Hadef & Partners LLC under the Real Estate Lawyer Initiative (the “REL Initiative”) to provide certain services in relation to real estate transactions in the Emirate of Dubai.
Ashraf Sayed
08
Sep
2020
The UAE - Israel accord: Charting a new path
On 13 August 2020, a peace accord was entered into between the UAE and Israel. The accord was brokered by the United States of America. The joint governmental statement stated that the UAE - Israel accord will allow the UAE and Israel to ‘chart a new path that will unlock the great potential of the region’.
Hadef & Partners press office

Article

12

Jan

2022

New Federal Decree Law No. (16) of 2021 on Assignment of Receivables and Factoring

Howrey Kamal

12

Jan

2022

Significant changes to trade mark practice in the UAE following accession to the Madrid Protocol and issuance of a new trade mark law

James Dunne and Rami Omar

12

Jan

2022

Hadef successfully obtained a judgment in relation to the applicability of a Bank’s General Terms & Conditions to a party’s right to apply set-off

Howrey Kamal

04

Jan

2022

Crypto, factoring and other key banking developments in 2021

Catriona McDevitt

22

Dec

2021

Structuring of M&A Transactions in the UAE

Hadef & Partners, Sector Groups

21

Dec

2021

Renewable Energy M&A in the UAE: Key Legal Issues for Consideration

Hadef & Partners, Sector Groups

30

Nov

2021

New UAE Companies Law – Confirmation of Relaxation of Foreign Ownership Restrictions

Ahmad Sergieh and Marwan Abdel Hamid

09

Nov

2021

Revocation of a UAE (“.ae”) Domain Name

Karim Mahmoud, Taher Abdeen and Abdul Hannan Mian

08

Nov

2021

Hadef in the Courts: the Abu Dhabi Cassation Court overturns the findings of a court appointed expert

Khalid El Sherif and Howrey Kamal

03

Nov

2021

Hadef in the Courts: Landmark case establishing precedent on requirement for power of attorney to benefit agents

Mohamed Wahba and Hiba Mahmud

31

Oct

2021

2021 Amendments to UAE Civil Procedure: Debt Recovery and Payment Orders, Dispute Resolution

Mohammed Abbas and Ahmed Hasan Al Zaabi

27

Oct

2021

The Future of Crypto Assets Regulation in the UAE

Catriona McDevitt

12

Oct

2021

New light shed on future of Dubai arbitration – clarifying Decree No. 34 of 2021 concerning Dubai International Arbitration Centre

Matthew Page and Alexander Wagg

14

Sep

2021

Hadef in the Courts: Enforceability of arbitration agreements

Omar Al Heloo, Mohammed Abbas, Rashed Faidhallah

14

Sep

2021

Hadef & Partners successfully defended a claim for deregistration of a trade mark in the Abu Dhabi Courts

Rami Obeid

17

Aug

2021

Construction & Engineering Laws and Regulations 2021