Dispute Resolution Archives - Fichte & Co

October 31, 2018

Examining FIDIC Construction Contracts: Part 1 – The Dispute Adjudication Board

Muqawala contract or construction contract is in its general nature, governed by the general liability rules stipulated in the Federal Civil Transactions Law No. (5) of 1985 as amended by the law No. (1) of 1987. In particular, the specific articles regulating the relationship between the employer, the main contractor and subcontractors are mentioned in...

October 24, 2018

Get 100% Foreign Ownership Today in Dubai

Freezones have always been the topic of discussion in the U.A.E., especially when considering options for setting up a business within the country. Which is why, many investors are attracted to establishing a company within the UAE freezones, as unique packages united with advantages offer the perfect hub for businesses to grow. Amongst the various...

October 23, 2018

Is UAE Maritime Court in the Pipeline?

The UAE government has included the Transportation Sector as one of the major Industry sectors in their strategic vision and the FTA (Federal Transport Authority) has taken on the task to improve the maritime infrastructure. Areas of needed improvement have been identified such as the UAE Flag registry, Maritime Arbitration, Maritime Law, Maritime Academies and...

October 8, 2018

Seven Things to Know About Filing a Bankruptcy Petition in the UAE

If your company is thinking of filing a bankruptcy petition under the relatively new bankruptcy law in the UAE (Federal Law Decree Law No. 9 of 2016), there are a few key things to keep in mind prior to filing the petition: 1. The Law is Untested: The UAE bankruptcy law is untested at Court,...

August 29, 2018

All You Need to Know About Debt Recovery Procedures in the UAE

Debts can be traced back to that time before the barter system. At that time, people exchanged services and goods for other services and goods in return. But, what if there were no current services or goods to be exchanged with, and what if one party failed to supply the goods or services as promised?...

Overview of the Bankruptcy Proceedings and Preventive Measures in the UAE

Definition of bankruptcy: Legally speaking, bankruptcy in the UAE is an expression used to describe a legal status in which a natural (individual) or legal (company) person owes a sum of money to third parties and ceases to pay its debts when they fall due because of its troubled financial position and insolvency. Historical background:...

UPDATE: FTA Clarifies the VAT Treatment of Compensation Payments

The Federal Tax Authority (FTA) has recently published a clarification on VAT treatment of compensation type payments, such as payments to settle disputes, and other contractually agreed compensation. Where a payment or fee is not a consideration for a supply, there is no VAT due. Often times, there are penalty clauses or liquidated damages clauses...

Will The New UAE Maritime Law Serve Shipowners?

Geographically, as being in the centre of the World, the UAE is arguably an “ideal” Maritime location. As a gateway to Europe and America from the Fareast, one of the largest Ports in the World, state of the art warehousing facilities and a tax-free nation – UAE has much to offer to be a Maritime...

Time-bars, time limits and deadlines for legal cases under UAE law

A time-bar (or a statute of limitations as known under common law jurisdictions) is a statutory time limit for the enforcement of a civil claim through legal proceedings. As such a time-bar normally does not eliminate the claim, but it offers the other party an effective defence against its enforcement, thus it is a procedural...

Enforcement Of Foreign Judgements 2018

Fichte & Co is thrilled to announce our contribution to Enforcement of Foreign Judgement 2018. Our Managing Partner, Jasamin Fichte and Partner, Alessandro Tricoli have contributed to the 3rd edition of ICLG, the International Comparative Legal Guide. The UAE chapter consists: Various regimes applicable to recognising and enforcing judgments in UAE jurisdiction and the list of...