Dispute Resolution Archives

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October 7, 2021

Is the Arbitration Clause included in the General Terms and Conditions of the Insurance Policy a valid clause?

Our client approached us to assist him in filing a case against one of the well-known UAE Insurance Companies. The client complained about his insurance company refusing to cover a surgery under the medical insurance policy. The reason brought for the rejection was that the natural condition of the Insured is due to a congenital…

September 28, 2021

Covering the same Risk under Multiple Insurance Policies

The concept of insurance depends on the participation of a group of persons, whether physical or corporate (the insured), that distribute the risks that may result from specific events. The insureds pay pre-determined contributions to the insurance company (the insurer), which undertakes, accordingly to the policies agreed, the responsibility to pay the insurance amount for…

September 22, 2021

Dissolution of EMAC and its effects on the business community

On September 14 2021, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, issued Decree No. 34 of 2021 (“Decree”) regarding the Dubai International Arbitration Centre (DIAC). The Decree dissolves Emirates Maritime Arbitration Centre (EMAC) and replaces it with the Dubai International Arbitration Centre (DIAC),…

July 7, 2021

Is it going to be the end of abandoned vessels in UAE waters?

Recently, we have witnessed the massive development in the UAE maritime industry; the UAE has acceded to two major international conventions, namely the 1996 Protocol on Limitation of Liability (“LLMC“) and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (“Bunker Convention”). Further, negotiations are carried out for the ratification of the…

June 16, 2021

New regulation on Bounced Cheques and its Implications

Introduction The UAE being a commercial hub with an expanding economy, cheques are one of the common forms of payments, regardless of the size of the transaction, and they are also used as a method of security. However, with cheques comes challenges such as bounced or dishonored cheques due to various reasons that can be…

April 15, 2021

A new committee to settle heirs’ disputes in Dubai

Based on decision No. 8 of 2021, a Special Tribunal was formed to consider and decide upon any applications, claims, discussions, and appeals submitted in terms of selling inherited residential real estate. This special judicial committee in Dubai will resolve disputes on the sale of inherited residential property, reflecting article 1 of Decree 23 of…

December 22, 2020

Right of Arrest Under UAE Law for Unpaid Bunker Suppliers

Time charterers and demise charterers are usually responsible for supplying the chartered vessel with bunker supplies for the term of the charterparty. Bunker supplies are often supplied on credit terms with a delayed term for payment following the delivery of the bunkers. During difficult market conditions, it is not uncommon for charterers to become insolvent…

Importance of Non-Disclosure Agreements (NDA) for Startups

In the current times, most startups aim at implementing innovative business ideas, new technologies, and, most probably, unicity. Whereas registering, financing, and making a startup work usually imply a plethora of things to complete, one must not oversee the legalities of it. Innovation and the uniqueness of an idea represent, from a legal standpoint, a...

November 24, 2020

Direct Executory Force of Notarized Debts

In the UAE, a debt is directly executable before the UAE Courts where it has been notarized and stamped with a stamp of execution by a notary public. This may be an attractive route for settling debts, for debtors and creditors alike, due to the time and cost-efficient nature of the process. In particular, it...

October 21, 2020

Overview: Enforcement Proceedings of Domestic and Foreign Judgements in the UAE

Introduction In the UAE, the general procedures for the execution and enforcement of domestic and foreign judgements are set out in Federal Law No. 11/1992 and its recent amendments (Cabinet Decision No. 57/2018 and Cabinet Decision No. 33/2020) (together the “Civil Procedure Code”). Enforcement of domestic judgements Enforcement proceedings may be initiated after obtaining a...