Hadef & Partners

08
Jul
2019
Side Agreements in light of the FDI Law
The Foreign Direct Investment Law came into force on 23 September 2018 and in this article, Bilal Snaineh, Senior Legal Consultant, discusses the future of side agreements in light of this Law.
Bilal Snaineh
07
Jul
2019
Netting – A detailed analysis
In this article, originally commissioned by the International Bar Association, James Farn, Partner and Head of Banking & Finance, Abu Dhabi discusses the Netting Law in more detail.
James Farn
07
Jul
2019
One Licence for all Dubai Free Zones
In this article, Patrick Tweedale and Sara Berger discuss the recent announcement by the Dubai Free Zones Council of its ‘One Free Zone Passport Initiative’ which will allow companies to operate in multiple free zones under one single licence.
Patrick Tweedale and Sara Berger
07
Jul
2019
Hadef in the Courts: The merits of challenging an expert report
Abdulrahman Juma, Deputy Managing Partner, Head of Dispute Resolution, Rachel Hill, Head of Employment along with Rami Omar, Senior Associate in the Dispute Resolution team were recently successful in a complex labour dispute before the Dubai Court of Cassation. The case related to a bonus claim raised against our client by an ex-employee.
Abdulrahman Juma, Rachel Hill and Rami Omar
07
Jul
2019
Hadef in the Courts: The concept of novation of a debt
Salih Ahnaish, Partner, Head of the Dispute Resolution Department in Abu Dhabi, was recently successful in acting for a bank (the Lender) in a ground breaking and complex case worth approximately AED 420 million and concerning, amongst other issues, the concept of novation of a debt, which is relatively untested before the UAE courts.
Salih Ahnaish
04
Jul
2019
FDI Update – Activities included on the Positive List
Following our update yesterday that the UAE Cabinet had issued a Cabinet Resolution (Resolution) specifying a total of 122 economic activities across 13 sectors which will benefit from up to 100% foreign ownership, we now have a copy of the positive list (Positive List). The Positive List sets out the 122 economic activities which were recommended by the FDI Committee at the Ministry of Economy and then raised with the UAE Cabinet for approval.
Bilal Snaineh
03
Jul
2019
UAE Cabinet issues a Resolution specifying the economic activities eligible for up to 100% foreign ownership
The Foreign Direct Investment Law (Federal Law No.19 of 2018) provided a list of 13 economic sectors which were excluded from being 100% available for foreign investors
Bilal Snaineh
02
Jul
2019
The most significant changes DIFC employers need to know about the new DIFC Employment Law No. 2 of 2019
In this article, Rachel Hill, Head of Employment provides insight into the new Law and highlights some of the significant changes that DIFC employers need to know about.
Rachel Hill
02
Jul
2019
Ministry of Health update – Invoicing local distributors
In our previous Health & Pharma Sector Email, we considered the duties of a Scientific Office and the general differences between setting up a Scientific Office in ‘onshore’ Dubai versus a Dubai free zone...
Hadef & Partners, Sector Groups
01
Jul
2019
De-registration of an agency agreement
In this article, we discuss a case in which we successfully argued on behalf of our client that an agency agreement should be de-registered.
Hadef & Partners, Sector Groups
30
Jun
2019
The key aspects of the proposed ‘Prescribed Company Regulations 2019’
This article provides a high level summary of the proposed Prescribed Company Regulations and the flexibility of a Prescribed Company.
Hadef & Partners, Sector Groups
30
Jun
2019
DIFC Ultimate Beneficial Ownership Regulations
In this article, we provide an overview of the various obligations under the new DIFC Ultimate Beneficial Ownership Regulations.
Hadef & Partners, Sector Groups
30
Jun
2019
Expo 2020 - The Construction stage is set
In this article, we highlight the potential issues that can arise from a construction perspective and how these issues can be mitigated if contracts are carefully prepared by local construction lawyers with experience of the market, as well as with the Expo 2020 project.
Hadef & Partners, Sector Groups
13
Jun
2019
New DIFC Employment Law introduced
Rachel Hill, Head of Employment and Aisha Khokhar, Senior Associate in the Dubai Employment team discuss the long-awaited new DIFC Employment Law.
Rachel Hill and Aisha Khokhar
15
Apr
2019
Chambers Shipping Guide 2019
The Maritime, Transport and Trade team recently contributed to the Law & Practice section of the Chambers Shipping Guide 2019.
Adrian Chadwick and Wesley Wood
07
Apr
2019
New UAE Lease Financing Law
James Farn, Partner and Head of Banking & Finance in Abu Dhabi and Sundus Khan, Associate in the Dubai Banking & Finance team reviews the new Lease Financing legislation which has been introduced in the UAE at federal level.
Sundus Khan and James Farn
04
Apr
2019
Hadef in the Courts Follow-up: Option Agreements and whether they should be considered as a substitute for a SPA in relation to property
Karim Mahmoud and Khalid El Derderi provide a more detailed commentary on that Dubai Court of Cassation judgment which related to our client’s claim that an Option Agreement for the purchase of property could not be considered to be a substitute for a Sale and Purchase Agreement.
Karim Mahmoud and Khalid El Derderi
04
Apr
2019
Hadef in the Courts: De-registration of an Agency Agreement
Abdulrahman Juma, Deputy Managing Partner and Head of Dispute Resolution, Mohammed Al Dhaheri, Partner along with Karim Mahmoud, Ayman Diab and Khalid El Derderi, all Senior Associates in the Dispute Resolution team were recently successful in a complex matter in the Supreme Court in Abu Dhabi regarding the de-registration of an agency agreement.
The Dispute Resolution team
31
Jan
2019
A right to remain – Update on the long-term residence visa system in the UAE
From 3 February 2019, the UAE will begin to accept applications for the long-term residence visas. In this article, Alexander Wagg summarises the various categories of expatriates entitled to apply for a long-term residence visa and the criteria they must meet.
Alexander Wagg
22
Jan
2019
Hadef in the Courts: Option Agreements and whether they should be considered as a substitute for a Sale and Purchase Agreement in relation to Property
Karim Mahmoud and Khalid El Derderi, both Senior Associates in the Dispute Resolution department, were successful in the Dubai Court of Cassation in a case involving an Option Agreement and whether it could be considered to be a substitute for a Sale and Purchase Agreement in relation to property. The Court nullified the Option Agreement and our client was awarded the entire amount claimed, plus interest.
Karim Mahmoud and Khalid El Derderi
21
Jan
2019
Bonds – A license to kill your cashflow
Johny Smy, Partner and Head of Engineering & Construction, Matthew Page, Partner and Anthony Edwards, Legal Consultant discussed in Emirates Law the important distinction between the Demand Guarantee and the Guarantee simple which is found by reference to the name of the former type of security; namely a security that is recoverable on demand.
John Smy, Matthew Page and Anthony Edwards
20
Jan
2019
Legislative Commentary on the UAE Law regarding the Central Bank & the Organisation of Financial Institutions and Activities
Sundus Khan, Associate in the Banking & Finance team, provides a detailed legislative commentary on the new UAE Central Bank Law with a focus on how this Law reins in and regulates the wide range of financial and banking activities in the UAE in accordance with international standards.
Sundus Khan
05
Dec
2018
UAE Law on Combating Dumping and Countervailing & Preventive Measures
Federal Law No. 1 of 2017 on Anti-Dumping and Countervailing & Preventive Measures is one of the series of laws adopted by the UAE to comply with the rules of the World Trade Organization. The importance of this Law is that it provides the legal framework for the protection of the UAE industries, while keeping in line with the rules of the World Trade Organization. In this Article, Yasser Omar provides a legislative commentary on this important Federal Law.
Yasser Omar
04
Dec
2018
UAE Moveable Assets Security Law
Until recently, UAE law has not been particularly clear on the extent to which a valid security interest can be created, perfected and enforced over moveables, whether existing or future. The position has radically changed with Federal Law No. 20 of 2016 regarding the Pledge of Moveables as Security for a Debt that came into effect on 15 March 2017 and the enactment of related secondary legislation. In this article, Valeria Lysenko provides a legislative commentary on this important Federal Law.
Banking & Finance team
29
Nov
2018
The VAT Refund Scheme for Tourists
In this article we summarise the main provisions of the scheme and discuss its significance in the UAE.
Victoria Woods
25
Nov
2018
Tips on how to prepare for a dispute, or perhaps avoid it altogether
In this article, we discuss some key ways to prepare for the worst, and maybe even avoid litigation altogether.
Maria Lezala and Victoria Woods
22
Nov
2018
A licence to influence – regulating Social Media in the UAE
In this article we consider two recent developments in this area, specifically in relation to the regulation of social media in the UAE: the NMC advertising guide; and mandatory licensing.
Victoria Woods
21
Nov
2018
Five things you need to know about contracts in the UAE
In this article we briefly discuss the five main things you need to know about contracts in the UAE.
Victoria Woods
20
Nov
2018
Verbal contracts in the UAE - is lip service enough?
In this article, we summarise how verbal contracts are dealt with under UAE law, including how silence is interpreted, the relevance of custom and practice, and how to effectively terminate a verbal contract.
Victoria Woods
18
Nov
2018
The importance of Pre-completion Restructuring in GCC M&A will remain in focus
In this article, we set out some of our clients’ main objectives in the context of pre-completion restructuring and detail how we are able to advise on corporate structures that meet these objectives.
Sameer Huda
15
Nov
2018
You can’t control everything but you can control your brand
In this article we consider the six most important ways to maintain effective control of your brand.
James Dunne
14
Nov
2018
New UAE Central Bank Law
In this article, James Farn, Partner & Head of Banking & Finance, Abu Dhabi and Sundus Khan, Associate, summarise the main provisions of the new UAE Central Bank law which came into effect on 1 October 2018.
James Farn and Sundus Khan
13
Nov
2018
DIFC Foundations and Shari’ah
In this article we set out certain considerations that should be taken into account in relation to the endowment of assets to the foundation by way of a gift, including provisions of the UAE Personal Status Law (UAE Federal Law No. 28 of 2005) which addresses a number of Shari’ah related matters.
Ahmad Sergieh and Bilal Snaineh
13
Nov
2018
Electricity Production Activities
In this article we consider some of the key additional approvals required for electricity production activities.
Ahmad Sergieh
13
Nov
2018
Harnessing the power of the sun – Solar energy in Dubai
In this article we summarise the steps required to connect to DEWA’s electricity grid, from engaging with the DEWA appointed contractor / consultants to the producing of power.
Ahmad Sergieh and Khalid Mirza
13
Nov
2018
Revisiting VAT for Schools
In this article we explore some of the key considerations for schools in relation to VAT, including leases and the hidden pitfalls.
Michael Lunjevich and Jessica Lambert
13
Nov
2018
Employment considerations for education providers in the UAE
In this article we briefly consider some of these issues, including contract form, recruitment and retention and non-compete clauses.
Rachel Hill
13
Nov
2018
Scientific Offices in Dubai
In this article we consider the general differences between setting up a Scientific Office in onshore Dubai versus a Dubai free zone.
Ahmad Sergieh and Bilal Snaineh
12
Nov
2018
Netting in the UAE
In this article Alan Rodgers and James Farn summarise the concept of netting and review the UAE’s new netting legislation.
Alan Rodgers & James Farn
04
Nov
2018
The Long-Awaited Foreign Direct Investment Law – Main Considerations
Ahmad Sergieh, Partner, Head of Corporate Restructuring and Bilal Snaineh, Senior Legal Consultant discuss the main aspects of the FDI Law.
Ahmad Sergieh and Bilal Snaineh
10
Apr
2018
The DIFC Pension Trap – don’t get caught out!
The Employment Team sets out what DIFC companies must do to correctly enrol their UAE and GCC employees into the applicable pension scheme.
The Employment Team
21
Dec
2017
VAT Regulations – Part 2: Recoverability of Input Tax and Practical Accounting Issues
Following on from Part 1 of this discussion James Farn discusses whether all or part of the input tax is recoverable by the buyer.
James Farn
10
Dec
2017
VAT Regulations – Part 1: Input and Output Tax and the importance of the audit trail
James Farn, Head of Banking & Finance, Abu Dhabi considers available mechanisms that allow the offsetting of input tax against output tax.
James Farn
28
Nov
2017
Will there be changes to the UAE’s foreign ownership rules in 2018?
Following the recent announcement by the UAE’s federal Ministry of Economy (“MOE”) regarding a possible new Investment Law in early 2018, steps are already being taken to ensure consistency with the UAE’s existing laws, applicable to ‘onshore’ UAE companies.
Patrick Tweedale
22
Oct
2017
VAT - potential considerations for the Construction Industry
Anthony Edwards, Partner in the Engineering & Construction practice, highlights concerns the Construction Industry may have with the imminent introduction of VAT, in relation to contracts in place prior to 1 January 2018.
Anthony Edwards
05
Sep
2017
Damages for Personal Injury in Dubai (Part I)
Rami Obeid, Senior Associate and Mark O’Flynn, Associate in the Dispute Resolution team discuss how personal injury claims and the recoverability of damages are dealt with in Dubai.
Rami Obeid
02
Jul
2017
Hadef in the Courts - A New Approach on Authority to Bind Companies to Arbitration in the UAE?
Khalid El Derderi, Senior Associate in the Dispute Resolution team, discuss the potential implications of a recent Court of Cassation case.
Khalid El Derderi
04
May
2017
An overview of Third Party Funding
Michael Dunmore, Associate in the Dispute Resolution team, sets out the definition of third party funding and its impact.
Michael Dunmore
04
May
2017
A brief look at the Dubai initiative for the new one day misdemeanor court and New Dubai Law No. 1 of 2017 for Criminal Orders [judgments]
Walid Azzam, Partner, assess the new initiative for one day court proceedings and the ability of Public Prosecutors to issue “Criminal orders” [judgments].
Walid Azzam
04
May
2017
Proposed Amendments to the licensing and administration of the Wealth Management industry in the DIFC
The Corporate Team, discusses the wealth management Working Group’s recommendations to change the way the Wealth Management industry is administered in the DIFC.
The Corporate Team

Article

08

Jul

2019

Side Agreements in light of the FDI Law

Bilal Snaineh

07

Jul

2019

Netting – A detailed analysis

James Farn

07

Jul

2019

One Licence for all Dubai Free Zones

Patrick Tweedale and Sara Berger

07

Jul

2019

Hadef in the Courts: The merits of challenging an expert report

Abdulrahman Juma, Rachel Hill and Rami Omar

07

Jul

2019

Hadef in the Courts: The concept of novation of a debt

Salih Ahnaish

04

Jul

2019

FDI Update – Activities included on the Positive List

Bilal Snaineh

03

Jul

2019

UAE Cabinet issues a Resolution specifying the economic activities eligible for up to 100% foreign ownership

Bilal Snaineh

02

Jul

2019

The most significant changes DIFC employers need to know about the new DIFC Employment Law No. 2 of 2019

Rachel Hill

02

Jul

2019

Ministry of Health update – Invoicing local distributors

Hadef & Partners, Sector Groups

01

Jul

2019

De-registration of an agency agreement

Hadef & Partners, Sector Groups

30

Jun

2019

The key aspects of the proposed ‘Prescribed Company Regulations 2019’

Hadef & Partners, Sector Groups

30

Jun

2019

DIFC Ultimate Beneficial Ownership Regulations

Hadef & Partners, Sector Groups

30

Jun

2019

Expo 2020 - The Construction stage is set

Hadef & Partners, Sector Groups

13

Jun

2019

New DIFC Employment Law introduced

Rachel Hill and Aisha Khokhar

15

Apr

2019

Chambers Shipping Guide 2019

Adrian Chadwick and Wesley Wood

07

Apr

2019

New UAE Lease Financing Law