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CIVIL PROCEDURE LAW LABOUR LAW REFORMS DFSA V QFCRA NEW INSURANCE LAW

APRIL 2007 - ISSUE 193

FIDIC

IN THE MIDDLE EAST

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Litigation & Arbitration

Events
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CONTENTS

The Law of civil procedure

Corporate Commercial

Construction

Corporate group structuring: considerations for owners and management Recommendations on the proposed labour Law reforms

4 8 FIDIC in the Middle East 20

Banking & Finance


The Dubai nancial services authority Vs.The Qatar nancial centre regulatory authority 10

Property

Intellectual Property & IT

The potential of a community and strata title Law in Dubai 24

UAE joins Information Technology agreement

Maritime, Aviation, & Insurance


13 A new insurance Law in the UAE 28

Another step forward ... the Federal Electronic Transaction and Commerce Law is now out 14 The UAE Government and the private sector partner in an Intellectual Property awareness initiative 16

Legislative Update
Ofcial Gazette 30

Editor: Laura Cavanagh Graphic Designers: Maya Sawaya Rashida M

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LITIGATION & ARBITRATION

The Law of Civil Procedure


By Hassan Arab, Partner, Litigation

An Overview of article 12 of the Civil procedure law (Federal Law 11 of 1992) Regarding Service of courts documents

Article 12
1- A Grace Period shall be added to the time periods specied in this Law which is 10 days for persons residing outside the Courts jurisdiction and 90 days for those residing outside the United Arab Emirates. 2- A Grace Period may, due to transport considerations or urgency, be shortened by order of the judge concerned or circuit chairman, as applicable, and such order shall be notied with the summons. 3- This time limit shall not apply to persons to whom notice is personally served whilst in the UAE, but the judge concerned or the circuit chairman, as applicable, may order, upon reviewing the case, an extension of the normal time limits or deem the same extended provided in either case that the time span shall not exceed the period of grace the said person would be entitled to had he been served notice at his place of residence overseas.

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LITIGATION & ARBITRATION

Commentary:
1) The rst paragraph of this Article was revised by Law No. 30 of 2005 such that the grace period for persons residing outside the UAE is now 90 days instead of 60 days (as required prior to the amendment.) 2) According to Articles 12 and 159 (see footnote 1) of the Civil Procedures Law a 10 day grace period shall be added to the original time limit for appeal for those who reside outside the jurisdiction of the Court of Appeal such that the new deadline supersedes the old one. When adding a grace period to the original time limit for appealing a decision of the Court of First Instance, it does not matter legally whether that decision was issued on the merits or on a summary matter. Either way, the purpose of the grace period is the same, namely to enable the judgment debtor to travel from his present location to the desired location either in person or by proxy to complete the appeal formalities within the time limit. Domicile on the basis of which the grace period is calculated is the place the party has established as his domicile for the period of litigation before the Court of First Instance, notwithstanding any other domicile he might have within the jurisdiction of the Court of First Instance or the Court of Appeal. Respondents

who resided in the Emirate of Ras Al Khaimah, which is outside the jurisdiction of the Dubai Courts, as indicated by their address in the Statement of Claim. Appealing the decision issued against them in the proceedings requires that they, or their lawyer, travel from their place of residence in Ras Al Khaimah to the Clerks Ofce of the Court of Appeal in Dubai to carry out the appeal formalities. The Court of Appeal must, when calculating the time limit for appeal, add 10 days to the original time limit as required by said Articles 12 and 159. The lower Court took this approach and there is no basis for faulting it because it decided to admit the appeal from a procedural point of view. The second part of the argument is unacceptable. The Appellants legal defence is interspersed with fact never before raised in the Court of Appeal and which cannot therefore be raised for the rst time before the Court of Cassation. (Decision handed down by the Dubai Court of Cassation in Civil Appeals No.s 367, 378 & 3921997 on 17.01.98) 3) Article 12 (1) of the Civil Procedures Code states that a 60 day grace period be added to the periods specied in that Code for persons residing outside the United Arab Emirates. This is an express provision intended to enable the person to attend in order to carry out the necessary legal formalities,

regardless of whether or not his lawyer resides in the UAE. Express provisions are not subject to interpretation. The lower Court took this approach and held that a 60 day travel period should be given to Respondent to le his appeal since he resides in Kuwait and there is no indication in the documents that Respondent has domicile in the UAE. The lower Court got it right and there is no point in Appellant arguing that the grace period would apply only to a summons to appear on a specic date. The provision is broadly worded in that the period shall be added to all time periods specied in the Law. Because the Law xes a time limit for appeal, the Appellant was entitled to add the grace period thereto. Hence, the exception taken is without basis. (Decision handed down by the Dubai Court of Cassation in Civil Appeal No. 357-1999 on 22.01.00) Footnote 1 Article 159 provides that unless the Law stipulates otherwise the time limit for appeal is thirty days. In expedited matters, the time limit is ten days.

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CORPORATE COMMERCIAL

Corporate group structuring: considerations for owners and management


By James MacCallum The purpose of this article is to consider some of the principal issues which major shareholders and senior management responsible for the direction and supervision of a group of businesses ought to take into account whenever that group is set to grow either organically or by the strategic acquisition of new businesses. Taxation
In most jurisdictions around the world, taxation, with considerations of corporate revenue taxes, capital gains taxes, withholding tax, rolled-over accrued gains, the existence or lack of international double taxation treaties etc., bears heavily on how exible one can be in attempting to implement a group structure that might appear ideal in light of other determining factors. However, in the UAE (and to an extent in its neighbouring countries) questions of taxation will not necessarily be the determining factor in dening a group structure. Nevertheless, where a corporate group has assets or operations spanning a number of jurisdictions, then tax planning will certainly have implications for the structure of such a group. However, if companies within a corporate group are wholly owned directly or indirectly by an ultimate holding company, then there is greater likelihood that the integrity of the groups structure will be preserved. For example, where a group comprises of three operating companies and a shareholder dies or desires to transfer his shares to someone else, the disruption to the groups ongoing affairs can be reduced and the transfer process will be simpler and less costly by utilising the structure at B below rather than that at A.

Use of holding companies


Where shares in operating companies within a group of companies are held by individuals, if those individuals seek or are forced by death or incapacity (physical or legal) to transfer their shares to third parties, the group risks becoming fragmented and the underlying businesses may also be adversely affected.

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CORPORATE COMMERCIAL

A)

Mr A

Mr B

Mr A

Mr B

Mr A

Mr B

Company 1

Company 2

Company 3

B)

Mr A

Mr B

Holding company

Company 1

Company 2

Company 3

Intermediate holding companies


An intermediate holding company is a company within a group, which holds shares in two or more operating companies whose businesses together form a discrete business division. By way of example, there may be some companies within a group that specialise in operating hotels and catering, whereas others specialise in transportation. The hotel and catering companies could be owned by one intermediate holding company and the transportation companies could be owned by another intermediate holding company. Holding companies themselves are often dormant in that they do not carry on an active business of their own and merely function like a basket to hold shares in other operating companies. The management of the group may decide at some point in the future that a

particular division of the group should be sold off, so that the group can focus all its efforts on other core businesses. If there is a rational ownership structure in place such that the relevant division can simply and easily be divorced from the remainder of the group, this will facilitate the sale and avoid the need for a possibly more complex pre-sale reorganisation at a later date. Additionally, a business division (comprising of a number of companies engaged in related businesses and/ or inter-dependent businesses) will be more attractive and more valuable to a potential purchaser if it already has a sensible and manageable structure in place. Otherwise, the purchaser may have to carry out the reorganisation following the sale and all the disruption and loss of management time involved, whilst possibly at the same time attempting to integrate the new division into its own group. The transaction costs

incurred in selling a business division will be signicantly reduced if a business division (comprising of a number of related companies) exists under a single intermediate holding company. Simply transferring the intermediate holding company to the purchaser will result in the entire division being transferred to the purchaser. Accordingly, the shape of a corporate group should ideally resemble a pyramid.

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CORPORATE COMMERCIAL

Mr A

Mr B

Ultimate Holding company

Hotel and catering holding company

Transport holding company

Hotel and catering operating company 1

Hotel and catering operating company 2

Hotel and catering operating company 3

Transport operating company 1

Transport operating company 2

Transport operating company 3

Limited liability companies


It is generally prudent practice for business activities to be carried on within the framework of a limited liability company (insofar as possible). This is to protect the ultimate owners from claims that may be made by third parties in respect of the business. With a limited liability company, unless the shareholders have given personal guarantees to third parties, the shareholders will not generally be liable for commercial claims made against the company and stand only to lose the amount they have subscribed for their shares in that company. Accordingly, in a group structure claims by customers, suppliers or other third parties are contained within individual companies and cannot work their way up the chain of ownership to the owners of the group. This allows risks and liabilities to be ring-fenced and serves to preserve shareholders personal assets. In certain countries, including the UAE, there are restrictions on particular types of businesses such that they cannot be carried on through the medium of a limited liability company. Professional services businesses, in particular, tend to fall into this category. However, with careful planning, it may nevertheless be possible to achieve a signicant level of protection against creditors for individual participants in such businesses.

Appropriate level of shareholder control


Individual or corporate shareholders may initially feel that they have a greater level of control over the affairs of a business if they directly own a business or shares in a company that runs a business. However it is possible for them following a reorganisation to maintain efcient and effective control over operating companies within a structured group by imposing particular checks and controls. For example, shareholders can procure: (i) that provisions are included in the memoranda and articles of association of operating companies stipulating that such companies and their subsidiaries shall not undertake particular actions without the consent of all or a prescribed majority of the shareholders, (ii) that particular business operating policies are imposed on management throughout the group, (iii) that reporting requirements are imposed on key management personnel throughout the group, and so on. Examples of the sort of matters over which the ultimate shareholders may wish to retain control may include any of the following: approval of appointment of general managers appointment of bankers and auditors

bank borrowings (no borrowing beyond prescribed limits) other bank facilities (including guarantees) increase/decrease of share or loan capital change of company names change of core business, opening new business streams, abandoning any business stream appointment / dismissal of senior personnel award of commercial contracts of certain types or to particular organisations appointment of agents and representatives in particular circumstances purchase / sale of certain assets (dened by value or type e.g. any real estate) approval of accounts or business plans and budgets declaration of dividends (and allocations to reserves) opening of new branches or formation of further subsidiaries institution / settlement of legal proceedings Additionally, a corporate structure organised with different divisions under an ultimate holding company will enable the more senior management to devote their time to higher level issues and so to formulate policy that will then apply group-

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CORPORATE COMMERCIAL

wide, rather than sitting on the board of each and every operating company. Also, where a group is divided into different divisions, particular managers can be assigned responsibility for their own divisions whilst at the same time falling under the authority and direction of the holding companys board. In general, it is considered simpler and more effective to allocate management responsibilities within an organisation with a divisional, multi-tiered structure. This allocation is reinforced by the fact that companies within the higher tiers of a group own and ultimately control those in the lower tiers.

use of the relevant assets by way of a lease, licence or similar arrangement with its sister concern.

Final comments
Whenever a business is considered likely to expand or to be the subject of a sale, partial sale or IPO, the management of the group should consider the points raised above. In essence, the key projects of focus of a corporate group reorganisation are likely to be: simplicity, consolidating business streams into saleable modules, ringfencing key assets and ensuring overall tax efciency. The issues highlighted above are merely a foretaste of what is a complex set of considerations. Managers of groups of companies will need to consult carefully with their legal and accounting advisers to best protect and develop value within their groups.

Exits and listing on a securities exchange


As previously mentioned, there are advantages in having a rational, pyramidal structure when selling business divisions. The same considerations are applicable when the ultimate owners of a group comprising a number of divisions elect to exit and realise their investment. Equally, a corporate group may at some point require additional funding. Other than debt funding or capital injections from exiting shareholders, a means of raising funds is to list the share capital of a company (or more usually a holding company of a group of companies) on an appropriate stock exchange. By these means, the shares in the ultimate holding company are made available for public subscription (by way of an initial public offering, commonly termed an IPO). The more sizable and protable a group of companies intending to list on a stock exchange is, the greater the likelihood of it attracting signicant outside funding from new institutional and retail shareholders. Having shares listed on a stock exchange also creates a new market for the groups founders shares so that they have a new means of realising some of the value of their stake in the group or ultimately disposing of it entirely.

Asset protection
A corporate group should aim to ensure that the assets of the group are protected where possible and practicable. For example, it would be prudent for expensive or unique assets to be owned by different companies. By these means, if a claim is brought by a third party against any one of the asset holding companies, then only the assets of that particular company are likely to be susceptible to attachment if court proceedings brought by the third party are successful. But those assets held by other companies in the same group can be protected from attachment. Shipping companies in particular avail of this structure by ensuring that each individual vessel is owned by a separate owning company. If accidents occur, ships can give rise to huge liabilities for their immediate owners if damage is caused to other vessels, ports, coastlines etc. Accordingly, to safeguard other ships within the same commercial eet from potential creditor claims, each ship will be owned by a separate owning company. Similarly, it is generally prudent for companies carrying on a trade, which exposes them to a greater degree of risk from third party claims, not to have a signicant asset base. Where a business necessarily involves the provision of services or trading activities and the use of signicant assets (e.g. real estate, plant and equipment or intellectual property rights), then that business may be carried on by two or more companies working together within a contractual relationship. One holds the assets (thereby shielding them from creditor claims behind the corporate veil) and the other trading or service company deals with third parties and can make

Counter-considerations
Naturally, there will be legal and accounting costs to be borne in carrying out any form of reorganisation. Management will need to devote some of their time to planning and implementing the changes. This may involve talking to employees, customers, suppliers and bankers to assure them that the changes are to be implemented for the benet of the group and are not indicative of insolvency or otherwise likely adversely to affect employees, customers and suppliers. However, most successful corporate groups will go through one or more reorganisations from time to time and once a rational structure has bedded down, it should serve to boost the morale of management and other employees within the group as they are more likely to consider themselves as part of a cohesive commercial enterprise.

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CORPORATE COMMERCIAL

Recommendations on the Proposed Labour Law Reforms


By Kirsty Marshall
n February this year, the Ministry of Labour released proposed changes to the Federal Labour Code, Federal Law No. 8 of 1980. Essentially, the proposals focus on pro-emiratisation to take further the initiatives that were established in 1980. The Ministry of Labour engaged in a consultation process, whereby it sought public comment on the proposed reforms over a period of two months. Without providing an extensive analysis of the proposed reforms, we have identied several key topical areas below.

Conscation of Expatriate Passports


Of signicance, is that the proposed reform did not incorporate a provision prohibiting the conscation of expatriate employees passports. Although the Court of Cassation previously ruled that such activity is prohibited, it appears to be a common occurrence in certain industries. Therefore, we recommend including it in the legislation to give effect to the courts ruling and ensure it is a practice that is not continued.

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CORPORATE COMMERCIAL

Employee Records
Currently the proposed reform suggests that employers with fteen or more workers should maintain records and documentation of those workers. We recommend that all employers regardless of the number of employees should be required to keep such records.

Without such guidance, employers wishing to terminate an employee are facing signicant difculty. For example, whether or not poor performance will be deemed a legitimate reason by the courts or whether it will be viewed as arbitrary dismissal is unclear. Furthermore, Article 122(10) of the proposed reform states a worker may be terminated without notice for deliberately refraining from doing his work or inciting others to do so, or take part in any such activities. As currently drafted, the clause is broad and again does not provide any boundaries. Merely inciting others to refrain from working constituting grounds for termination without notice, may give employers the ability to terminate on a whim for any type of behaviour.

in full freedom, to organize their administrative activities and to formulate their programmes. In order for the UAE to match other jurisdictions internationally, freedom of association as a fundamental basic right is an important aspect of the labour environment and should be addressed. C158 Termination of Employment Convention, 1982 This convention at Article 4 addresses the justication for termination. The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service. Ratifying this convention would provide some much needed clarity. C155 Occupational Safety and Health Convention, 1981 This Convention provides for the periodic review of a coherent national policy on occupational safety, occupational health and the working environment. The aim of the policy is to prevent accidents and injury to health arising out of, or linked with or occurring in the course of work, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment. The Convention goes on to describe the main spheres of action, in so far as they affect occupational safety and health in the working environment. C167 Safety and Health in Construction Convention, 1988 This Convention applies to all construction activities, namely building, civil engineering and erection and dismantling work, including any process, operation or transport on a construction site, from the preparation of the site to the completion of the project. Given the level and quantity of construction work in the UAE, we believe ratifying this convention would be a positive step towards reaching international standards in the construction industry.

Reporting of Workplace Accidents


Part Five of the current Code provides for the safety and protection of employees as well as their medical and social care. We recommend including a provision making it mandatory for all employers to report all workplace accidents to the Ministry of Labour. Taking this initiative further, we also recommend the Ministry keep a register of such accidents and in particular the number and percent in each workplace and be proactive in following up with individual employers where the numbers of workplace accidents are high or above normal (for the industry). The proposed reform suggests that where workers are exposed to the hazards of occupational injury and disease, a health and safety ofcer should be appointed. We recommend this be extended to cover every establishment, regardless of the degree of exposure to occupational injury and disease.

International Labour ILOConventions

Organisation

The UAE currently has ratied 9 ILO conventions, specically: C1 Hours of Work (Industry) Convention, 1919 C29 Forced Labour Convention, 1930 C81 Labour Inspection Convention, 1947 C89 Night Work (Women) Convention (Revised), 1948 C100 Equal Remuneration Convention, 1951 C105 Abolition of Forced Labour Convention, 1957 C111 Discrimination (Employment and Occupation) Convention, 1958 C138 Minimum Age Convention, 1973 C182 Worst Forms of Child Labour Convention, 1999 However, there are several conventions which we recommend the UAE should also seek to ratify, to move closer towards achieving international standards. The rst and most important, being: C87 Freedom of Association and Protection of the Right to Organise Convention, 1948. Freedom of association is a basic human right and a factor in the achievement of social justice. Essentially, ratifying the convention would mean workers and employers, without distinction, would have the right to establish and (subject only to the rules of the organization concerned), to join organizations of their own choosing without previous authorization. Workers and employers organizations shall have the right to draw up their constitutions and rules, to elect their representatives

Imposing Fines on Employees


Currently the legislation provides that the maximum amount that may be deducted from an employee in any one month (for any reason) is a total of 5 days wage. The proposed reform is looking at doubling this maximum from 5 days to 10 days. However, for an employer to have the right to deduct 10 days of any month from an employee is essentially giving the employer the right to deduct approximately 30% of the workers wage. This is inordinately high and there are no clear parameters setting out the circumstances in which an employee may be ned. We recommend that Article 104 remain at ve days and that clear parameters are established. Without some form of generic benchmark justifying the imposition of the nes, the type of behaviour attracting such nes may vary signicantly from employer to employer.

Summary
The Ministry of Labour has closed the timeframe for public comment on the proposed reforms. However, we believe several organizations have submitted their comments and recommendations moving forward, therefore it will be interesting to see which areas are amended further before the reforms are adopted as law.

Termination
Currently the labour code does not provide clear grounds for termination on notice. Article 117 of the current code provides for termination of an unlimited contract by provision of 30 days and a legitimate reason. However, there is no description of what constitutes a legitimate reason.

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BANKING & FINANCE

The Dubai Financial Services Authority

Vs. The Qatar Financial


Centre Regulatory Authority

By Husam Hourani, Partner, Banking & Finance Dubai Financial Services Authority (the DFSA)
The DFSA is the independent regulatory authority for the Dubai International Financial Centre (the DIFC), created persuant to DIFC Law No.9 of 2004. The DFSA plays a key role within the DIFC. In order for a nancial service of a rm to be conducted in or from the DIFC, approval must be sought from the DFSA. To ensure that DIFC activities are conducted to the highest international standards, the DFSA has built a robust, riskbased framework in which only the best practices from nancial centres world wide have been adopted.

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BANKING & FINANCE

The Qatar Financial Centre Regulatory Authority (THE QFCRA)


The QFCRA is the independent regulatory body of the Qatar Financial Centre (QFC). It has been established to regulate rms that conduct nancial services in or from the QFC. It has a broad range of regulatory powers to authorise, supervise and, when necessary, discipline rms and individuals. The QFCRA regulates rms using principle-based legislation of international standard, modelled closely on the laws used in other major nancial centres.

industry in the DIFC/QFC (reduction of RISK). To prevent, detect and restrain conduct that causes or may cause damage to the reputation of the nancial centre or the nancial industry in the nancial centre, through appropriate means including the imposition of sanctions. To protect direct and indirect users and prospective users of the nancial services industry in the nancial centre. To promote public understanding of the regulation of the nancial services industry in the nancial centre.

Category 5: Islamic Financial Institution.

Financial Activities in the QFC


Unlike the DIFC, Financial Activities in the QFC are not categorised by the QFCRA and consist of the following Licensed Financial Activities: Deposit Taking; Providing Credit Facilities; Providing Custody Services; Dealing in Investments; Managing Investments; Advising on Investments; Arranging Deals in Investments; Arranging Credit Facilities; Arranging the Provision of Custody Services; Operating a Collective Investment Fund; Carrying out a Contract of Insurance and Effecting a Contract of Insurance.

QFCRA approach to granting License


The QFCRA adopts a risk based approach to the Licensing and Supervision of Authorised Firms in the course of applying the Principles of Good Regulation which are set out in Article 13 of the Financial Services Regulations. This enables the Regulatory Authority to focus its resources on the mitigation of risks to its objectives. These objectives are set out in Article 12 of the Financial Services Regulations.

Financial Activities in the DIFC


The nancial services in the DIFC are categorised by the DFSA into 5 categories each containing nancial services for which an authorised rm will be licensed to conduct. Category 1: Accepting Deposits & Providing Credit. Category 2: Dealing in Investments as Principal. Category 3: Dealing in Investments as Agent, Operating a Collective Investment Fund, Managing Assets, Providing Custody, Providing Trust Services. Category 4: Arranging Credit or Deals in Investments, advising on nancial products or credit, arranging custody, insurance intermediation, insurance management, operating an alternative trading system and providing fund administration.

Prohibitions in the DIFC


The Federal Decree, Federal Law No. 8 of 2004 Concerning the Financial Free Zones, the General Module and the Conduct of Business Module of the Dubai Financial Services Authority Rulebook describe all prohibited nancial activities, examples include:

Objectives of the DFSA & QFCRA


To foster and maintain fairness, transparency and efciency in the nancial services industry in the DIFC/QFC. To foster and maintain condence in the nancial services industry in the DIFC/QFC. To foster and maintain the nancial stability of the nancial services

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Deposit taking from the UAE Markets; Dealing in UAE Dirham; Dealing in Dirhams by Banks; Dealing with individual client with less than US$1 Million in liquid assets; Dealing with an institutional clients

BANKING & FINANCE

with called up share capital, or net assets less than US$ 5 Million; Insurance business with individuals; and Direct insurance of risks located in the UAE.

Prohibitions from the QFC


At the present time, there are no legislative prohibitions placed on the type of regulated activities a rm may conduct in or from the QFC. This means that a rm may be authorised to conduct onshore and offshore activities subject to the rm obtaining relevant approvals both from the QFC, and if applicable in the offshore jurisdiction. There are no banking specic prohibitions such as any restrictions on deposit taking or dealing in any specic currencies (including Qatari Riyal). However, whilst the drafting of the QFC Law is broad relative to the scope of Permitted Activities, as a matter of policy made by the QFC Authority, Banking Business (Deposit Taking & Providing Credit Facilities) with or for retail customers resident in Qatar is currently prohibited.

Principal Trading Firms: USD2 Million Agency Broker: USD500,000 Certain Fund Managers: USD500,000 Arrangers or Advisers: USD250,000 Reinsurers: USD20 Million Insurers (Direct) USD10 Million Captive Insurers: USD150,000, USD1 Million, USD10 Million.

Mandatory Individual Positions for Authorised Firms in the DIFC & QFC
1. Senior Executive Ofcer An individual who has the ultimate responsibility for the day to day management, supervision, and control of an Authorised Firms nancial services. 2. Compliance Ofcer An individual who is responsible for compliance matters of an Authorised Firm. 3. Finance Ofcer An individual who is responsible for nancial affairs of an Authorised Firm. 4. Money Laundering Reporting Ofcer Responsible for compliance with anti money laundering rules of the DFSA, and any relevant anti-money laundering legislation applicable in the UAE.

Application Fee, Annual Renewal Fee USD30,000. Category 3 USD10,000 License Application Fee, Annual Renewal Fee USD10,000. Category 4 USD10,000 License Application Fee, Annual Renewal Fee USD10,000. Category 5 USD10,000 License Application Fee, Annual Renewal Fee USD10,000.

QFC
Deposit Taking, Providing Credit Facilities, Carrying/Effecting out Contracts of Insurance = USD 40,000. Dealing in Investments (as Principal) = USD25,000. Dealing in Investments (as Agents), Providing Custody Services, Managing Investments, Advising on Investments, Arranging Deals In Investments, Arranging Credit Facilities, Arranging the Provision of Custody Services, Operating a Collective Investment Fund = USD10,000 Annual Renewal Fees in the QFC are as above NOTE: For every Licensed Individual in the DIFC the Fee is USD1,000 with the same annual renewal fee. For every Licensed Individual in the QFC the Fee is USD 500 with the same annual renewal fee.

Capital Requirements DIFC


Category 1: USD10 Million Category 2: USD2 Million Category 3: USD500,000 Categories 2 & 3 that are depositaries of mutual funds/OEICs or provide custodial services to other collective investment schemes USD10 Million Category 4: USD10,000 Category 5: USD10 Million

Cost of Set up in the DIFC vs QFC


DIFC
Category 1 USD50,000 License application fee, Annual Renewal Fee USD50,000. Category 2 USD30,000 License

Capital Requirements of the QFC


Banks: USD10 Million Islamic Financial Institutions: $USD10 Million

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INTELLECTUAL PROPERTY/ IT

UAE Joins Information Technology Agreement


By Omar Obeidat
he UAE will reduce the listing fees of IT products to zero by 2009 as it has become the 70th member of the Information Technology Agreement (ITA). The decision came after the World Trade Organisation participants of the Committee of Expanding Trading in IT Commodities gave approval to the UAEs application submitted in June 2006. The ITA covers four main categories of commodities including computers, telecom products, semiconductors and equipment to produce semiconductors and software. This Agreement is not a mandatory agreement under any WTO obligations but its adoption by the UAE will add value to the attractive investment climate of the country and will be specically welcomed by traders of IT commodities by lifting cost barriers to their trade and increasing their competitive strength vis a vis traders in the region.

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INTELLECTUAL PROPERTY/ IT

Another step forward ... the Federal Electronic Transaction and Commerce Law is now out !
By Samer Qudah

T
LAW UPDATE
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he UAE Government has committed itself to facilitate E-commerce conducted from the State, at both the local and federal levels. The federal and the local governments have been very positive and have been bold in taking the initiative in this area as they realised that their future business growth lies through the Internet and the media (which will eventually also end up being transmitted electronically through the Internet).

As part of the Federal Governments efforts to regulate electronic transactions and boost users condence, His Highness Sheikh Khalifa Bin Zayed Al Nahyan, President of the UAE, has, in February 2006, issued Federal Law No. 1 of 2006 concerning Electronic Transactions and Commerce Law (the Law). The law is divided into ten chapters as follows:

Chapter One contains denitions of the


terms and expressions used in the Law.

Chapter Two addresses the exempted transactions from the scope of the Law and outlines the objectives which the Law is meant to achieve. The Law shall not be applicable to personal status transactions such as marriages, divorces and wills, deeds of title of immovable property, negotiable instruments, transactions related to the sale, purchase, lease (for a term more than 10 years) and other deposition of immovable property, any documents which require attestation by the Notary Public and any documents or transactions exempted by

INTELLECTUAL PROPERTY/ IT

validity or enforceability for the simple fact that it was formed by one or more electronic messages. Further, an on-line contract may be concluded between two or more Automated Electronic Systems; without personal intervention, and such contract shall be valid by virtue of Article 12 of the Law. The Law contains provisions that govern when an addressee is entitled to regard an electronic message as being that of the originator and to act on that assumption. It also sets out the guidelines as to when the dispatch of an electronic message occurs and outlines the decisive factors in terms of the time and place of dispatch and receipt of electronic message. The Law also deals with the acknowledgement of receipt of electronic messages, under Article 14 of the Law.

of electronic registers, accept fees or any other payment in electronic form and put out tenders and receive bids in relation to government purchases electronically. The Law contains enabling provisions allowing the government to specify the manner and process for performing the above functions.

Chapter Nine deals with penalties.


It contains a range of crimes, provides for the conscation of the tools used in committing the crime and the deportation of a foreign national who has been charged of such crimes. Lastly, Chapter Ten contains closing provisions. Article 35 of the Law authorizes the Minister of Economy to issue regulations and decisions necessary to implement this Law Further, Article 36 repeals all provisions that contradicts with the provisions of this Law. History proves that most successful nation states had well-dened, developed and modern laws. Bearing this fact in mind, the UAE government at both the federal and local levels has taken the initiative to ensure that legal protection is given to investors and that the legal system meets the challenges that lie ahead and adequately addresses the new issues associated with todays new digital economy. Recent practice proved that growth and expansion run parallel to the development of local and federal laws and regulations. Although the Law does not address other aspects of E-commerce and electronic transactions such as privacy, jurisdiction, data protection, domain names, decency, etc., it certainly provides, together with the Federal Cyber Crime Law No. 2 of 2006, which was issued around the same time, a sound foundation and a sound platform on which to build. Yet, the UAE Government needs to promulgate more cyber laws in order to ll in the gaps in the existing UAE legislation and meet the needs of the evolving digital economy.

Chapter Five deals with secured


electronic records and signatures. Article 16 states that where secure authentication procedures are applied which are prescribed or commercially reasonable to an electronic register to verify that it has not been changed over certain period of time agreed to by the parties, the record shall be treated as a Secured Electronic Record from that date up to the date of verication. Further, signatures shall be treated under Article 17 of the Law as Secured Electronic Signatures if it is possible to ascertain through secure authentication procedures that it is the signature of the person to whom it correlates and that it was afxed by that person with the intention of signing or approving the electronic message in question.

special provision of law. The Cabinet may add any transactions or matters to the exempted transactions under Article 2, or make any deletions or amendments with respect to the same.

Chapter Three deals with electronic


messages, electronic registers and electronic signatures. Under the Law, electronic messages shall not be denied legal effect, validity or enforceability solely on the ground that it is in electronic format. Provided that the requirements of access and storage set out in chapter three are satised, an electronic document or le shall be regarded as equivalent to a written document required by any law. Further, the Law has recognized electronic signatures and outlined the criteria according to which an electronic signature shall be regarded as equivalent to a handwritten signature. In addition, electronic information shall have evidential value and its evidential value shall be assessed in accordance with certain considerations set out in Article 10 of the Law.

Chapter

Six sets out provisions relating to electronic attestation of certicates and authentication services. The Law provides for the appointment of a controller of authentication services. The controllers main duties are to license, approve and to monitor and oversee the activities of Authentication Service Providers. Article 21 outlines the duties of the Authentication Services Provider and contains the regulatory elements of their business. Chapter Seven sets out the criteria
according to which the foreign electronic certicates and signatures shall be recognised.

LAW UPDATE

Chapter Four deals with electronic


transactions and regulates the formation and validity of on-line contracts. Under Chapter Four, a contract will not loose its

Chapter Eight deals with the government use of electronic records and signatures. According to Chapter Eight, government departments may approve the deposit or submission of documents or their creation or storage in form of electronic records, issue any permit, licence, decision or approval in the form

15

INTELLECTUAL PROPERTY/ IT

The UAE Government and the Private Sector partner in an Intellectual Property Awareness Initiative
By Hoda Barakat, Managing Partner, IP/IT
n the 22nd of April 2007, the Ministry of Economy and the Brand Owners Protection Group (BPG) of the Gulf & Yemen co-hosted a seminar on Intellectual Property Rights to announce the joint initiative between the two parties on awareness and education of intellectual property rights. The seminar was also in celebration of the World Intellectual Property Day which takes place yearly on the 26th of April and was held this year under the slogan of Supporting Innovation.

the real partnership between the public and private sectors which is proven by events such as the seminar. Bin Abdul Aziz commended the decisions of His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice President and Prime Minister of UAE and Ruler of Dubai, especially the decision No.12/45 of 2006 (immediately upon assuming the post of Prime Minister) to unite all Intellectual Property Departments under the Ministry of Economy supported by administrative and technical manpower to meet the needs of the future. Mr. Omar Shteiwi, Chairman of the BPG, which represents a number of multinational companies such as Beiersdorf Middle East, British American Tobacco, General Motors, Johnson & Johnson, Nestle Middle East, Philips International, Procter & Gamble, Unilever, etc. and service providers such as Al Tamimi & Company, also conrmed the real joint initiatives that are taking place between the private sector and the public sector through the Ministry of Economy, the Customs and others. This will be the rst of many events and initiatives.

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Ms. Fatima Al Hossani, Head of the Trademark Section at the Ministry of Economy, delivered the speech of His Excellency, the Under Secretary of Planning in the Ministry of Economy, Mr. Mohammad Ahmad Bin Abdul Aziz, where the UAE Government conrmed adherence to its obligations under the World Intellectual Property Organization (WIPO) and other agreements as well as its whole hearted support for Intellectual Property protection and enforcement. The speech went on to announce

JFAS Seminar
DIFC 11th April 07
ith over 3000 members, JFAS is the largest study union of the University of Amsterdam. JFAS stands for Juridische Faculteit der Amsterdamse Studenten which translates as the Law Faculty of Amsterdam Students. JFAS regularly organises lectures for students covering a diversity of legal issues. These lectures often include visits to law rms and companies, both local and international. An international study trip is organised for the students each year and this year the chosen destination was Dubai. The focus for the Dubai study trip concentrated primarily on all the various aspects of real estate law and litigation in the UAE. Al Tamimi & Company were delighted to host a half day seminar and a lunch for the students as well as a tour around the newly opened DIFC Courts. Lisa Dale, Head of Al Tamimis Property Practice presented to the students on the issues and major developments surrounding property law in the UAE, while Hasan Arab, Head of Litigation and Dispute Resolution gave an overview of Litigation in the UAE. Its wonderful to meet with a group of dedicated students with such a passion for the law commented Lisa Dale. It was a pleasure to speak with them about our experience in The UAE and we really hope that they were able to take with them some useful and interesting information to assist them with their studies.

Events

Al Tamimi & Company sponsor ICC/ FIDIC conference


Al Tamimi & Company were proud sponsors of the recent ICC and FIDIC conference on International Construction Contracts and the Resolution of Disputes. The conference took place at the Dubai Chamber of Commerce on 22nd and 23rd April. The objective of the event was to review the procedure for claims and disputes under FIDIC contracts and explain the legal entitlements of the contractor and employer. The conference also focused on the specic features of dispute resolution in international construction contracts and explored the practical implications and current developments, particularly in the Gulf. It attracted over 150 delegates with representatives ranging from engineers, contractors, government ofcials, nancial institutions, arbitrators and legal advisors. Both Essam Al Tamimi, Senior Partner and Philip Punwar of the Arbitration Group at Al Tamimi & Company, presented at the conference and spoke on topics concerning the drafting and operation of multi-tier arbitration agreements and typical problems arising in the arbitration of construction disputes. A Desert Dinner, hosted by Al Tamimi & Company, held on the rst day of the conference, provided the ideal opportunity for delegates to network and exchange views on topical issues raised over the course of the conference.

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17

Al Tamimi Legal Majlis


As part of Al Tamimi & Companys ongoing service to clients and the Dubai International Financial Centre (DIFC) we will be hosting regular Majlis style information seminars for our DIFC colleagues. There have been several Al Tamimi Legal Majlis so far covering topical issues relevant to the DIFC such as IT Law, Labour Law, Brand Protection and more recently the opening of the DIFC Courts. The Legal Majlis events have proved to be a great success and it is our intention to keep the momentum going by continuing efforts to cover the topics and issues of interest to those companies registered within The DIFC. The format for the Al Tamimi Majlis events is quite unique in that guests can recline under Bedouin tents and are served traditional Arabic dishes as Al Tamimi representatives and relevant speakers eld questions on local and international laws, including the regulations of the DIFC. We are delighted to host the Al Tamimi Majlis events said Essam Al Tamimi, Al Tamimis Senior Partner and Founder. There are elements of traditional Arabic culture in the setting and in the style of the night, but its also about providing important information to people who need to understand the complexities of the laws that govern the Dubai International Financial Centre. For information on upcoming Al Tamimi events or to provide suggestions on topics you would like to see addressed please contact marketing@tamimi.com

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Events

For further information please contact Sami Houerbi, Director for Middle East and Africa, ICC Dispute Resolution Services Telephone: 00 216 71 840 297 Fax: 00 216 71 286 917 Mobile: 00 216 20 216 216 Email: shi@iccwbo.org

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19

CONSTRUCTION

FIDIC

IN THE MIDDLE EAST

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20

CONSTRUCTION

By Edward Sunna Head of Construction and Engineering Department & Omar Al Saadoon Senior lawyer of Construction and Engineering Department
There is an expression which goes the road to success is always under construction. This expression appropriately captures the current and foreseeable surge in the construction industries of Arab countries (particularly in the Gulf) and the prevailing attitude of public, private and foreign stakeholders. This article will provide a brief overview of the emergence and applicability of FIDIC contracts in the Gulf given their historic and widespread use internationally, particularly in the public sector.
FIDIC forms of contract have been in use in the Middle East since the 1970s. It is paradoxical that although the FIDIC conditions of contract have been drafted on the basis of English common law principles, the public and private sectors in Gulf countries who source their law from a mixture of civil law and shariah law such as the UAE, The Kingdom of Saudi Arabia, Kuwait and Oman, have based their conditions of contract on the FIDIC form. Historically, the public sector in those countries have led the way for FIDIC to be adopted or used in response to the national tendering laws and the corresponding requirements of various government ministries. It is worth noting from our previous articles on FIDIC that although the Emirate of Abu Dhabi has recently and ofcially adopted the FIDIC form, the Emirate of Dubai (particualrly the Dubai Municipality) has yet to follow the same lead. Lawyers who have trained in civil law jurisdictions in the Middle East often do not appreciate the English legal concepts underpinning those conditions. Conversely the same could be said of lawyers who have trained in common law jurisdictions but are unfamiliar with the applicability of governing civil code articles in Middle Eastern jurisdictions, which will have the practical effect of overriding the FIDIC conditions of contract. Parties to a contract and their advisers should therefore be aware of trying to reconcile the conditions with civil code provisions when negotiating FIDIC contracts. The issue of language to be adopted in a FIDIC contract is critical and not to be underestimated. The FIDIC forms of contract give parties the option to choose the governing language to be used in the contract and the primary language in the event of an issue of interpretation or construction (particularly with reference to proceedings or arbitration). Whilst there has been a historic trend in countries such as Saudi Arabia and Iraq to adopt Arabic as both the governing and interpretative language, the increasing involvement of foreign contractors and consultants in construction projects in Arab countries, particularly since the 1980s, has led to English being the preferred language. Whilst this trend may be understood in the context of arbitration proceedings, it

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21

CONSTRUCTION

is difcult to establish the extent to which this contractual arrangement makes practical sense in the local courts of Arab countries. The 1987 FIDIC conditions of contract have been adopted and modied to some extent by the public sectors in countries including Iraq, Oman, Saudi Arabia, and Kuwait. Furthermore, international institutions such as the World Bank have adopted the FIDIC conditions of contract when entering into contracts with Arabic governments to fund engineering or infrastructure projects. The cost of the works under the FIDIC conditions of contract is generally treated on the basis of a remeasurement contract i.e. the price of the works are recalculated on the work that is actually carried out rather than the price originally estimated at the time the contract was entered into. An Employer, in theory, therefore carries the risk of changes to the quantities of material used in the works and accordingly the cost of the works. Public sector employers in the Middle East, similar to those internationally, tend to prefer lump sum xed price contracts. The Ministry of Public Works in Kuwait, for example, has historically issued its own set of contractual conditions based on FIDIC conditions. But where such conditions have been heavily amended to reect a lump sum xed price requirement primarily driven by local public tender laws.

a Kuwaiti government ministry or public body must obtain governmental consent before it decides to award a variation which affects the contract price by more or less than 5 %. It is important for anyone advising Employers to be aware of the distinction between a lump sum contract, where there is greater scope for cost variations, and a lump sum contract xed price contract which presupposes lesser scope. According to Law 6 of 1997, the Dubai government departments are entitled to increase the stated quantities in the contract by up to 30% of the original contract price without allowing for any increase in the original contract price. In other words, an increase of up to 30% will be deemed to be within the contract price and will supersede any corresponding conditions of the FIDIC contract. Essentially, the Contractor bears the risk of the discrepancy, so that it may not be likely to succeed in a claim for additional payment. In considering the role of the Engineer under the FIDIC contract conditions, it is important to appreciate the inherent dichotomy in its role. The Engineer is supposed to be independent in that they generally administer the contract between the parties, certify works in accordance with the contract and act as the adjudicator in the event of a dispute. Furthermore the Engineer acts as the Employers agent so that in receiving payment for his services to the Employer, he owes the Employer a duty of care. This dichotomy which may have been unintended by the FIDIC drafting committee at the time, has been addressed to the extent that public authorities in Arab countries such as the Emirate of Abu Dhabi, and Kuwait, give themselves sole discretion in ordering

variations including the costs associated with risks which are not attributable to the Contractor or the Employer. The standard conditions of contract issued by the Dubai Municipality (the main public body in Dubai involved in procuring public sector projects) departs from the FIDIC standard conditions in that the Engineer is obliged to seek the prior approval of the Employer on matters including the contractors programme and expenditure of monies pursuant to the contract sum and the issuing of certicates for completion or non completion of the works. It may be viewed as a relief to Employers in Arab countries, who are uncertain as to whether to adopt the 1999 FIDIC Red and Yellow contracts, that this dichotomy has apparently been resolved by the FIDIC drafting committee. These conditions do not require the Engineer to be impartial and he shall be deemed to act for the Employer except where fair determinations are required, or unless the contract conditions express otherwise. This may perhaps encourage the wider use of the 1999 FIDIC contracts which is increasingly being used in Arab countries, particularly given the increase in project nance and BOT type transactions. The Contractors overall liability for the works under the FIDIC contract are based on English common law principles e.g. contractor to carry out works using reasonable skill and care. The Contractors liability is considered satised under the FIDIC conditions when a certicate (defects liability certicate) is issued by the Engineer conrming that all defects in the works, which are apparent after the works have been substantially completed, are remedied. However the civil codes of countries such as Bahrain, Kuwait, Iraq, Jordan, Egypt

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It is interesting that the Public Housing Authority of Kuwait stipulate in their standard conditions of contract (based on the FIDIC conditions) that any discrepancy between items or materials or work in the document which refers to the same (Bills of Quantities) is dealt with in favour of the Employer. However, it is worth noting that

CONSTRUCTION

and Lebanon contain articles extending the contractual liability of the Contractor, under FIDIC contract conditions, beyond the issue of the defects liability certicate. Basically, these provisions impose what amounts to strict liability on a Contractor in favour of an Employer for any defects affecting the integrity of a structure or a collapse of any part of it. Such liability is co-extensive with an Architect or a consultant beyond the defects liability period specied in the contract (10 years in the case of the UAE) whereby the Architect or consultant is responsible for the design of the structure. It is important to note that this provision, imposing strict liablity, is an implied term in the contract which cannot be modied or excluded by the parties. However, Contractors should note when defending a claim under this provision, they are entitled to raise arguments (if applicable) based on force majeure provisions and or default by or on behalf of the Employer e.g. Engineer failing to perform his obligations under the Contract. Similarly under Omani law, the Contractor can show a separate contributing factor for the collapse of a structure which it has built as a defence to a claim under this type of provision. In Bahrain, the law stipulates that a Contractor and a consultant are jointly liable for the construction of a structure and for the structures safety for a period of 5 years. In respect of design, the FIDIC conditions generally oblige the Contractor to be responsible for design in carrying out the Works. The FIDIC conditions go further in that the Contractor is obliged to notify the Employer (via the Engineer) of any defect or mistake in the design at the time of tender or when carrying out the Works (post contract). Whilst

there is no corresponding obligation under the civil codes of countries in the Middle East, such as the UAE, for the Contractor to notify the Employer of defects, it is submitted, Contractors do owe a general duty of care to notify under the civil law doctrine of good faith. This would make practical sense in respect of the application of the strict liability provision (referred to above), even if the negligence in design was not, in real terms, the Contractors fault. Notwithstanding the points made in the preceding paragraph, the conditions of contract currently issued by the Dubai Municipality unusually do not appear in effect to impose strict liability on the Contractors under this strict liability provision preferring instead to rely on the concept of negligence. The FIDIC conditions allow the parties to agree xed damages for the Contractors delay in completing the Works. In assessing the nature and level of damages under common law, an Employer should be mindful of agreeing to a sum which represents a genuine pre-estimate of its losses at the time the contract was entered into as a result of the contractors delay and not a penalty or a sum of money that is disproportionate to the Employers actual loss. In the UAE however, there is a local practice of imposing a limit of ten percent of the contract value for any delays on the part of the Contractor in failing to complete the Works by an express completion date (subject to extensions of time) notwithstanding any xed damages which may have been agreed to by the parties and inserted in the FIDIC contract. This local practice was ignored by the local Court of Cassation in a local case which held that local courts had the authority to x a level of damages (in order to balance the equities between the contracting parties) should it become

evident the damages actually suffered were either higher or lower than the contractual amount originally envisaged and agreed upon. Despite the complexities and barriers associated with applying an international standard form contract to the construction market in the Middle East, it is fair to conclude that FIDIC has demonstrated a level of exibility beyond arguably any other form of contract across the Middle East. The need to adapt to changes in legal systems, language or construction types has not inhibited the emergence and continued growth of FIDIC in the Middle East.

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23

PROPERTY

The potential of a Community and Strata Title Law in Dubai


LAW UPDATE
By Louise Vun

As the Emirate of Dubai and the Dubai International Financial Centre await the introduction of their respective strata title law, we thought it might be useful to share with our readers some of the potential benets of having community and strata title law, from the perspective of New South Wales, Australia. This paper aims to discuss only the concepts of community and strata schemes and not other more complicated schemes that exist in Australias property market.

24

PROPERTY

Community and Strata Schemes


In Australia, a community scheme generally means a development that comprises of a combination of the following: (a) villa home, town house, duplex and terrace house (where lots are not superimposed); (b) mixed-used multi-storied development which includes blocks, ats, commercial premises, shopping complexes in the same building; and (c) holiday resort type accommodation. In Australia, a strata scheme generally means a development that comprises of lots that are superimposed on one another such as that described in (b) above.

Estate
In Australia, it is now a common trend for property developers to develop a residential estate concept which is similar to the mixed-use communities in Dubai. Such estates generally encompass the following features: (a) single houses; (b) a few mixed-used multi-storied buildings (where the ground oors lots are designated for commercial and retail use and the higher oors lots are for residential use); (c) outdoor swimming pool, outdoor tennis courts, outdoor barbeque area and a community hall for use by all the residents within the estate; (d) a gym within each multi-storied buildings for use by the residents living within such building only.

Such estate concept means the residents do not have to travel a great distance to access recreational facilities and shops such as hairdresser, laundromat, video/DVD store, convenient store, supermarket and so forth. In such estate, the strata scheme is within the community scheme and where such strata scheme is concerned, a two tiered management system will be in place. The strata scheme will have its own owners corporation and the strata scheme will also come under the management of the community association. Whereas the owners of the single houses within the community scheme will only come under the management of the community association. It is possible for a strata scheme to exist by itself, eg, where a single multi-storied building is constructed on a plot of land.

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PROPERTY

Distinction between Community Scheme and Master Community


A community scheme concept in Australia is not the same as the concept of a master community (as generally referred to in Dubai). Where a master community exists in Dubai, the master developer generally remains the owner of the community property within the master community and manages and administers the community property through a Master Community Declaration. In a community scheme, the community association (made up of all owners within the community scheme) is the owner of the community property. In Australia, the Community and Strata Title Law is comprehensive and covers issues such as those below.

(d) the easement instrument. Documents that are generally required for a strata scheme are: (e) strata plan showing the location (and exact measurements) of each lot within the strata scheme including the common property; (f) a unit entitlement schedule of each strata lot (excluding the common property) within the strata scheme; (g) the by-law agreement for the strata scheme; and (h) the easement instrument. Once the development is registered by the Department of Lands, these documents will be scanned into the departments computer records and are available to the public for a fee and new certicates of title for the community lots and strata lots will be issued to the developer. A certicate of title for the community property will also be issued to the community association and the certicate of title for the common property issued to the owners corporation.

to a managing agent, which includes: (a) delegating the managing agents functions to others; and (b) setting levies.

4. How are services charges dealt with?


The law prescribes that the association must levy its members in the scheme to raise enough funds to carry out its duties. All levies must be worked out in proportion to the unit entitlement of the lots. An administrative fund and a sinking fund must be set up. An administrative fund is a fund for day-to-day recurrent expenses and a sinking fund is a fund to cover future capital needs. The amount in an administrative fund must be enough for the community association to pay its expenses for cost of maintaining the associations property (including personal property), for payment of insurance premiums and for any other recurrent expenses. The amount in a sinking fund must be enough to cover the associations expenses for painting/re-painting structures that are part of the community associations property, for obtaining personal property (eg, mowers), for replacing personal property, for renewing or replacing any xtures or ttings that

1. How do the Community Association and Owners Corporation commence?


Once the Department of Lands registers the: (a) community plan together with other documents prescribed by law, the community association commences. (b) strata plan together with other documents prescribed by law, the owners corporation commences. If a strata scheme is to be created within a community scheme, the law provides that the community plan and its associated documents must be registered rst before the strata plan and its associated documents can be registered.

3. What are the responsibilities of the community association and the owners corporation?
As the legal requirements for the community association and the owners corporation are similar, from here on, the community association and the owners corporation will be referred to simply as the association. The law sets out the basic responsibilities of an association and these responsibilities include: (a) arranging an annual general meeting; (b) recording all details of notices and orders served on the association and these records must be kept for at least 7 years; (c) keeping a record of minutes of meetings including details of motions passed for at least 7 years; (d) keeping accounting records and nancial statements of the association for at least 7 years; (e) keeping a roll of the owners including contact details, when a person became owner or ceased to become an owner within the scheme; A managing agent (licensed by law) may carry out some of the functions, duties or powers of the association. For a large estate, it is common for the association to appoint a managing agent to carry out its functions, duties or powers. However the law prohibits certain power to be given

2. What is the role of the Lands Department in regards to registration of documents?


The law provides comprehensive instructions to developers regarding documents that must be lodged at the Department of Lands before the department will review and register the development. Documents that are generally required for a community scheme are: (a) community plan showing the location (and exact measurements) of each lot within the community scheme including the community property; (b) a unit entitlement schedule of each community lot (excluding the community property) within the community scheme; (c) the community management agreement; and

LAW UPDATE
26

PROPERTY LITIGATION & ARBITRATION

are part of the associations property and for other capital expenses. The association must prepare nancial statements and present them at the annual general meeting. The statements must include income and expenditure for the administrative fund and sinking fund. At this annual general meeting, the following years levies must also be decided by a majority vote. When the levies are to be decided at a meeting, a budget must be presented showing the exiting nancial situation and an estimate of next years receipts and payments. After the decision is made on the following years levies, the association must write to the members to advise them the amount to pay and the date to pay. The association may decide to allow payments by installments. If the association has to pay other expenses that were not budgeted for in the administrative or sinking fund estimates, a special levy must be set at a general meeting and the amount collected paid to a fund to meet those extra expenses. The law prescribes that unpaid levies will attract a penalty at the rate of 10% per annum if not paid within a month after it is due. Unpaid levies, including the penalty, can be recovered by the association as a debt in Court.

Similar law applies to the owners corporation. The owners corporation must insure the building. The building includes the owners xtures and ttings such as carpets in the common areas, hot water systems, light ttings, toilet bowls, sinks and cupboards. Public Liability Insurance The association must insure against damage to property, death or injury for which the association may become responsible and the minimum amount of cover must be AUD$10million. Workers Compensation Insurance If required by law, the association must take out workers compensation insurance. Voluntary Workers Insurance The association must insure against any damage that it may become responsible for because of work done by a voluntary worker for the association and for accidental injury or accidental death of a voluntary worker.

initial period, it will end at the rst annual general meeting unless it is disclosed in the community management statement or the by-law agreement, before any lots are sold, or the contract is ratied at the rst annual general meeting.

7. How to solve a dispute between owners of a community scheme or strata scheme?


The law sets out a process for resolving dispute. This includes for example, where an owner is satised an owner/occupier has breached a by-law, it can issue a notice requiring that person to comply with the by-law. If it is not complied with, the association may, within 12 months of serving a notice, ask the Tribunal to impose a monetary penalty.

Conclusion
In Dubai, developers have relied on Article 1188 of the Federal Civil Code for the development of mixed-used communities. This Article provides in simple terms that if there are several owners of storeys in a building or of different apartments, these owners will be deemed to be co-owners of the land and of the parts of the building intended for common use by all of them. The Australian concept of the community scheme is not legislated in the Federal Civil Code or anywhere else. Accordingly, in Dubai, where a master community exists, the master developer remains the owner of the community property. Once the development of the master community is completed, the master developer may wish to withdraw from the on-going management and administration of the community property and hand such duties to the owners within the master community. At this stage, the transfer of such duties from the master developer to the owners within the master development is not possible in Dubai. Hopefully, the soon to be introduced strata title law in the Emirate of Dubai will make provisions similar to the Australian concept of the community scheme which will permit the formation of the community association to manage and administer the community property. Further, for the sake of consistency in Dubais property development, it would be useful for the strata title law to legislate on the issues of service charges and insurances or alternatively legislate that the Master Community Declaration and the Constitution of the Co-Owners Association must include prescribed information such as service charges and insurances.

6. What restrictions are placed on the developer?


In most cases, on registration of the community scheme or strata scheme by the Department of Lands, the developer will be the only member of the community association or owners corporation. As lots are sold, the membership increases. For the protection of the consumer, the law prescribes that during the initial period the developer must not: (a) incur a debt for more than is set aside in the administrative and sinking funds to repay it; (b) borrow money or give securities; (c) change or cancel the by-laws. The initial period is generally the period which commences on the registration of the scheme and ends when one-third of the total unit entitlements have been sold. If these restrictions are not obeyed, the developer is liable for any debt or loss of an association. Also the developer is liable for any loss suffered by a member of an association. Further, the appointment of a licensed managing agent by the association during the initial period is limited to 2 years. An association can enter into a contract with a person for services or recreational facilities. If the contract is made in the

5. Who insures what?


Building Insurance The law provides that the community association must insure buildings/ structures on the community associations property under a damage policy with an approved insurer. A damage policy must cover building/structure if damaged or destroyed by re, lightning, explosion or any other thing in the policy: (a) for the costs of rebuilding (where destroyed) or the replacement (where damaged but not destroyed) of the building/structure back to the same condition it was in when new; (b) for the payment of removal of debris and others whose services are need for the replacement or reinstatement (eg architects and project managers); and (c) for estimated increases in the above costs during the period of 18 months from the date of the policy. The law further provides that the community association must arrange for the building/structures to be valued at least once every 5 years and insurance taken out for at least the valued amount.

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MARITIME, AVIATION, & INSURANCE

A New Insurance Law in the UAE


By Yaman Hawamdeh

On February 15, 2007 the Federal Law no (6) of 2007 In Respect of Forming an Insurance Association and Organizing Its Activities (the new Law) has been passed in the UAE, in which the current operating insurance companies have to reorganize its activities in line with its provisions and regulations. The new Law which will be applied within 6 months from its date of publication in the ofcial gazette (i.e. February 15, 2007) applies on all local insurance companies in the UAE, foreign insurance companies and agents licensed to carry out insurance activities in the UAE. However, Article (2) of the mentioned Law states that the new Law will not apply to insurance companies incorporated in free zones.

I- Types of Insurance:
A new division for insurance types has been introduced by Article (4) of the new Law which divides insurance activities into three types: 1- Individuals and Assets Insurance. 2- Property Insurance. 3- Liabilities Insurance. An Implementing Regulation for the new Law will be issued at a later stage to determine the types of insurance which falls under each type above.

through monitoring the nancial position of UAE Insurance Companies, to develop the practice of Insurance Companies, to receive applications for licensing new insurance companies, to set types of compulsory insurance and its premiums. The Association will be formed by the following parties: 1- The Board, that is formed according to Article (9) and contains two members from the Ministry of Economy & Trade, one member from the Ministry of Finance, one member from the UAE Central Bank, one member form the Federal Chamber of Commerce and Trade, ve insurance experts members appointed by the Minster of Economy & Trade. 2- The General Manager of the Association who will be appointed by a Federal Decree according to Article (14). 3- The Executive Body.

II- An Insurance Association:


An independent Insurance Association (the Association) will be created according to the new Law. The Association aims to organize and monitor the insurance activities in the UAE. To achieve its aims, the Association, among other duties, aims to protect the rights of the insured

LAW UPDATE
28

The new Law consists of many new articles and revised old articles stipulated in the Insurance Companies and Agents Law. Some of these articles are as follows:

MARITIME, AVIATION, & INSURANCE

Article (21) of the new Law provides that the assets of the Association shall be considered as Public Assets and that such Association shall enjoy all privileges which are granted to Ministries and other Governmental Departments.

2- The insurer is permitted to reinsure inside or outside the state


However, such permission is limited to reinsurance activities and thus it is still prohibited to insure any properties or liabilities outside the UAE as per Article (26) of the new Law. Any Contract of Insurance violating such prohibition shall be considered void according to paragraph (4) of Article (24). Moreover, Article (28) of the new Law provides that all Insurance Contracts shall be drafted in the Arabic language. A translation may be attached to the contract and in case of contradiction between languages, the Arabic language shall prevail. In addition, the mentioned Article further provides that the policy Exclusions Clause must be drafted in bold and different color letters, and the insured must sign next to such exclusions.

IV- Introducing what is so called AL IKTEWARI


Article (1) denes Al IKTEWARI as the person who estimates the value of insurance contracts, documents and accounts related thereto. Article (35) of the new Law provides that all insurance companies licensed to perform Individuals & Assets Insurance activities must within six months appoint a licensed IKTEWARI. The new Law governs many new issues and matters related to insurance companies operating in the UAE which we will address in future editions of Law Update.

III- Insurance Companies:


Pursuant to Article (25) of the new Law, Insurance Companies are not allowed to undertake at the same time activities related to both (Individuals & Assets Insurance activities) and (Properties & Liabilities Insurance activities). Current insurance companies authorized to carry out both kinds of operations will be granted a grace period of 5 years to reorganize its operations in line with this prohibition. Furthermore, a new clear provision allowing insurers to re-insure liabilities outside the UAE has been implemented in the new Law. Paragraph (2) of Article (26) of the new Law reads as follows:

LAW UPDATE
29

LEGISLATIVE UPDATE

Emirate of Abu Dhabi Secretariat-General of the Executive Council 35th Year Issue No. 12 December 2006

OFFICIAL GAZETTE
Laws
21 of 2006 24 of 2006 Regarding construction contracts and agreements related to civil contracting Amending Law No. 3 of 2004 establishing the Higher Corporation for Specialised Economic Zones in the Emirate of Abu Dhabi

Emiri Decrees
19 of 2006 20 of 2006 22 of 2006 23 of 2006 Convening the National Consultative Councils 2nd Ordinary Session of the 16th Legislative Term Reorganising the Ofce of the Rulers Representative in the Eastern and Western Regions Appointing the Chairman of the Executive Council of the Emirate of Abu Dhabi Reappointing the Executive Council of the Emirate of Abu Dhabi

Decisions of the Crown Prince Chairman of the Executive Council


44 of 2006 45 of 2006 46 of 2006 47 of 2006 48 of 2006 50 of 2006 51 of 2006 52 of 2006 53 of 2006 54 of 2006 Decision of the Crown Prince, Chairman of the Executive Council reappointing the Committee for the Allocation of Community Land and Housing to UAE Citizens Decision of the Chairman of the Executive Council introducing the Government of Abu Dhabi Distinguished Service Award Decision of the Chairman of the Executive Council regarding the Chairman of the Board of Directors of the Khalifa Fund for Support and Development of Small and Medium Scale Projects Decision of the Crown Prince establishing the Organ Transplant Centre Decision of the Chairman of the Executive Council assigning the duties of the Public Projects Committee to the Secretariat General of the Executive Council Decision of the Chairman of the Executive Council appointing the Board of Directors of the Organ Transplant Centre Decision of the Chairman of the Executive Council appointing the Public Projects Committee at the Secretariat General of the Executive Council Decision of the Chairman of the Executive Council appointing the Committee for the Development and Management of Housing and Public Utilities in the Emirate of Abu Dhabi Decision of the Chairman of the Executive Council appointing an executive committee to decide project related issues Decision of the Chairman of the Executive Council appointing the Members of the Board of Directors of the Khalifa Fund for the Support and Development of Small and Medium Scale Projects Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi

LAW UPDATE

55 of 2006 56 of 2006 57 of 2006 58 of 2006 59 of 2006

30

MARITIME, AVIATION, & LEGISLATIVE UPDATE INSURANCE

60 of 2006 61 of 2006 62 of 2006 63 of 2006 64 of 2006 65 of 2006 66 of 2006 67 of 2006 68 of 2006 69 of 2006 70 of 2006

Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince, Chairman of the Executive Council awarding the Order of Abu Dhabi Decision of the Crown Prince establishing the Worldwide Fund for Protection of the Houbara Bustard Decision of the Chairman of the Executive Council appointing the Board of Directors of the Higher Corporation for Specialised Economic Zones in the Emirate of Abu Dhabi Decision of the Crown Prince appointing the Members of the Abu Dhabi Education Council Decision of the Chairman of the Executive Council appointing a Member of the Board of Directors of the National Rehabilitation Centre Decision of the Chairman of the Executive Council amending Decision No. 25 of 2005 regarding the National Rehabilitation Centre Decision of the Crown Prince reappointing the Board of Trustees of the Zayed Teacher Award

Resolutions
1 of 2006 Resolution of the Board of Directors of the Abu Dhabi Council for Economic Development appointing the General Manager and Deputy General Manager

Decisions of the Contractors Classication Committee


8/2006

GOVERNMENT OF DUBAI 41st Year Issue No. 319 15th February 2007

OFFICIAL GAZETTE
Laws
28 of 2006 29 of 2006 1 of 2007 2 of 2007 3 of 2007 4 of 2007 Establishing the Executive Ofce Attaching Dar Al Buhooth for Islamic Studies & Heritage Revival to the Department of Islamic Affairs & Charity Work Regarding the salaries of expatriate judges in Dubai Regarding the salaries of expatriate judicial inspectors in Dubai Setting up the Financial Audit Department Amending Law No. 5 of 1995 establishing the Finance Department 5 8 10 12 14 25

LAW UPDATE

Decrees
39 of 2006 43 of 2006 On cancelling the Dubai Education Corporation Appointing and replacing members of the Dubai Council for Economic Affairs 29 31

31

MARITIME, AVIATION, & LEGISLATIVE UPDATE INSURANCE

1 of 2007 2 of 2007

Promoting judges in the Court of First Instance Regarding increment on the basic salary schedule for employees of the Government of Dubai

32 34

Orders Regarding the authority to x, revise and pay the salaries and benets of Directors General of the Departments of the Government of Dubai, set standards and indicators for their performance and monitor their work and achievement

36

Decisions
1 of 2007 3 of 2007 Appointing an Executive Director of the Mohammed bin Rashid Housing Establishment Fixing the salary of regular students enrolled at the Institute of Advanced Legal and Judicial Studies 37 38

LAW UPDATE
32

The Lawyers at Al Tamimi & Company


ESSAM AL TAMIMI, Senior Partner Arbitration, Banking, Corporate Commercial e.tamimi@tamimi.com HODA BARAKAT, Managing Partner Intellectual Property, IT h.barakat@tamimi.com HUSAM HOURANI, Partner Banking & Finance h.hourani@tamimi.com LISA DALE, Partner Property L.dale@tamimi.com MOHAMMED AK BIK, Honourary Partner Litigation m.bik@tamimi.com JASSIM M. ABDULLAH, Partner Litigation j.abdullah@tamimi.com HASAN ARAB, Partner Litigation & Dispute Resolution h.arab@tamimi.com YAZAN AL SAOUDI, Partner Maritime, Aviation & Insurance/Litigtion y.saoudi@tamimi.com

DUBAI INTERNATIONAL FINANCIAL CENTRE OFFICE


AHMED ALLOUZ Litigation a.allouz@tamimi.com ANDRE HUMAN Intellectual Property, IT a.human@tamimi.com AZLIN AHMAD Banking & Finance a.ahmad@tamimi.com DIVYA ABROL GAMBHIR Banking & Finance d.abrol@tamimi.com AIDA KELLAL Corporate Commercial a.kellal@tamimi.com ANDREW SLEIMAN Banking & Finance a.sleiman@tamimi.com CLAIRE LAZARD Intellectual Property, IT c.lazard@tamimi.com DUANE KEIGHRAN Property d.keighran@tamimi.com HAZEM KAKISH Intellectual Property, IT h.kakish@tamimi.com ALISON MAGRATH Banking & Finance a.magrath@tamimi.com

ANJA BOLZ Family Business Practice a.bolz@tamimi.com CARLA SALIBA Corporate Commercial c.saliba@tamimi.com EDWARD SUNNA Head of Construction e.sunna@tamimi.com

GARY WATTS Head of Corporate Commercial g.watts@tamimi.com IAIN MCGILLIVRAY Property I.mcgillivray@tamimi.com JABER AL-ANSARI Litigation/ Property j.ansari@tamimi.com

HISHAM IBRAHIM MARWAH Litigation h.marwah@tamimi.com IZAFANIZ KAMIR Banking & Finance i.kamir@tamimi.com JASON MAJID Corporate Commercial j.majid@tamimi.com

IZABELLA SZADKOWSKA Banking & Finance i.szadkowska@tamimi.com JAMES MACCALLUM Corporate Commercial j.maccallum@tamimi.com

JODY GLENN WAUGH Banking & Finance j.waugh@tamimi.com LARA ABABNEH Intellectual Property, IT l.abaneh@tamimi.com MAMOON AHMAD KHAN Banking & Finance m.khan@tamimi.com

KATE SYMONS Corporate Commercial k.symons@tamimi.com LOUISE VUN Property l.vun@tamimi.com MARCUS WALLMAN Corporate Commercial m.wallman@tamimi.com

KIRSTY MARSHALL Corporate Commercial k.marshall@tamimi.com

LYNETTE BROWN Banking & Finance l.brown@tamimi.com MOHAMED KHODEIR Corporate Commercial m.khodeir@tamimi.com

MOHAMMED KAWASMI Property m.kawasmi@tamimi.com NAWAL ABDEL HADI Corporate Commercial n.abdelhadi@tamimi.com OMAR Al SAADOON Construction o.alsaadoon@tamimi.com RAFIQ JAFFER Banking & Finance r.jaffer@tamimi.com

MOHAMMED J KAMAL Property j.kamal@tamimi.com NICHOLAS OCONNELL Intellectual Property, IT n.oconnell@tamimi.com PETER STANSFIELD Corporate Commercial p.stanseld@tamimi.com RAKAN AL SHIYAB Banking & Finance r.shiyab@tamimi.com SAIF ALROUSAN Corporate Commercial s.alrousan@tamimi.com SYDENE HELWICK Property s.helwick@tamimi.com WALID S. CHINIARA Corporate Commercial w.chiniara@tamimi.com ZANE ANANI Corporate Commercial z.anani@tamimi.com

MOHAMMAD TARIQ Corporate Commercial m.tariq@tamimi.com OMAR OBEIDAT Intellectual Property, IT o.obeidat@tamimi.com PHILIP PUNWAR Arbitration/ Litigation p.punwar@tamimi.com REBECCA KELLY Corporate Commercial r.kelly@tamimi.com SAMIR KANTARIA Corporate Commercial s.kantaria@tamimi.com TAIBA SAEED Corporate Commercial t.saeed@tamimi.com YAMAN AL HAWAMDEH Maritime, Aviation & Insurance y.hawamdeh@tamimi.com

REEM ABDULLAH Maritime, Aviation & Insurance r.abdullah@tamimi.com SILVIA TESTA Maritime, Trade & Insurance s.testa@tamimi.com WALDO STEYN Intellectual Property, IT w.steyn@tamimi.com ZAFER SHEIKH OGHLI Litigation z.oghli@tamimi.com

DUBAI WORLD TRADE CENTRE OFFICE


BASSEM ZEIN EL DINE Corporate Commercial b.dine@tamimi.com RUTA GOTHOSKAR Corporate Commercial r.gothoskar@tamimi.com FAKHRY ELMASRY Corporate Commercial f.elmasry@tamimi.com JOUMANA AZZAM Corporate Commercial j.azzam@tamimi.com

DUBAI INTERNET CITY OFFICE


MARWA AL KHODEIRY Corporate Commercial m.khodeiry@tamimi.com SAMER QUDAH Corporate Commercial, IT s.qudah@tamimi.com

SHARJAH OFFICE
AYOUB GHAZI Litigation a.ghazi@tamimi.com MOHAMED ALI ABOU SAKR Litigation m.sakar@tamimi.com

ABU DHABI OFFICE


AKRAM AHMED AL-BAITI Litigation a.baiti@tamimi.com EL-AMEIR NOOR Litigation e.noor@tamimi.com HAZEM ABU HANTASH Intellectual Property, IT h.abuhantash@tamimi.com JADE J AYOUB Corporate Commercial j.ayoub@tamimi.com DONOVAN JOSEPH Property d.joseph@tamimi.com GAVIN BATCHELER Corporate Commercial g.batcheler@tamimi.com MAHMOUD ALI HOMIDAT Litigation m.homidat@tamimi.com

FAREED AL ZUBI Litigation f.zubi@tamimi.com HUSSAIN A. ABDULGHAFFAR Litigation h.ghaffar@tamimi.com MARIE GRACE SEIF Corporate Commercial m.seif@tamimi.com WAFA ALISEYED Banking & Finance w.aliseyed@tamimi.com

MOHAMMED MARZOUQI Litigation m.almarzouqi@tamimi.com

SAIFEDIN M. NAGAR Litigation, Corporate Commercial s.nagar@tamimi.com

QATAR - ASSOCIATE OFFICE: ADV. MOHAMMED AL-MARRI in association with Al Tamimi & Co.
AHMAD AL JAAFER Litigation a.jaafer@tamimi.com GLENN OBRIEN Corporate Commercial g.obrien@tamimi.com MUSTAFA EL BASHIER Litigation m.elbashier@tamimi.com ALA TAMNEH Intellectual Property, IT a.tamneh@tamimi.com KATRINA WILSON Corporate Commercial k.wilson@tamimi.com NATASHA AGIL Corporate Commercial n.agil@tamimi.com FADI SABSABI Litigation f.sabsabi@tamimi.com MOHAMMED AL MARRI Litigation m.marri@tamimi.com

BAGHDAD OFFICE
HAIDER SELMAN AL JANABI iraq@tamimi.com TARIQ AHMED AL MAROUF iraq@tamimi.com

NEW STAFF
Iain McGillivray
Iain is a British National. Iain is a qualied lawyer in both Scots Law and English & Welsh Law having obtained a Bachelor of Laws (2002) and a Diploma in Legal Practice (2003), both from the University of Aberdeen, Scotland and also having completed a course of study to become qualied in the English & Welsh jurisdiction (2006). Iain also holds a Masters of Arts Degree from the University of Glasgow, Scotland and a Postgraduate Diploma in Publishing Studies from Robert Gordons University, Aberdeen, Scotland. Before joining Al Tamimi & Company Iain worked for Edinburgh rm Warners where he specialized in all areas of commercial property law. Iain has acted on behalf of clients completing acquisitions, disposals, leasing, nancing and development of both commercial and residential property. Iain also has experience in the transfer of existing businesses and related license transfers.

Joumana Azzam
Joumana Azzam, a Lebanese National lawyer. I hold an LL.B from the faculty of Law Le Political science at the Lebanese University in Beirut (1990), as well as a Bachelor degree of Arts majoring in political science from the Lebanese American University (formerly) Beirut University College (1992). Licensed as a practicing attorney at Law advocating before all courts in Lebanon since 1994, in addition to advising for business rms & setting up Commercial Companies. Prior to joining Al Tamimi, I was an active Lawyer at Jaber Law rm in Beirut since 1991, knowledgeable in the civil and commercial Law through study & long practice. Areas of practice include litigation, contracts, employment, family, commercial and corporate laws. Member of the Beirut Bar, Association (Lebanon) Member of the Legal Woman Committee at the Bar Association dealing and advising on legal women rights.

Raq Jaffer
Raq Jaffer is an Indian National. Raq obtained his LLB (Hons.) in 1997 and LLM (International and Commercial law) in 1998 both from the University of Buckingham. Raq was enrolled as an Advocate in India in 1999 and was admitted as a Solicitor by the Law Society of England and Wales in 2007. From 1999 to 2002 Raq practiced law in India. In 2002 Raq joined as an associate at Abdullah Kh. Al Ayoub & Associates, the largest law rm in Kuwait. His areas of practice included International Business Transactions, Mergers and Acquisition and Arbitration. Raqs most signicant work in Kuwait included registering a foreign investment fund with the Central Bank of Kuwait, participating in arbitration proceedings held at the London Court of International Arbitration and the ICC International Court of Arbitration and advising on government defence contracts. Raq also participated in the Corporate Governance and Shareholder Rights Project prepared in cooperation with Lex Mundi, the International Institute of Corporate Governance at Yale University, Harvard University, and The World Bank.

PUBLICATIONS
Available online at: www.tamimi.com
The informative brochures listed below are all available free of charge on our website. Selected brochures are also available from the reception of our ofces in the UAE. Alternatively we would be happy to send them to you by post. Please email: books@tamimi.com to order copies. Proles
Al Tamimi & Company rm prole Al Tamimi & Company Qatar prole Qatar- Gateway of Growth The Family Business Practice

Technology, Media & Telecoms


Copyright Law Patents, Designs & Models Registration of Trademarks Telecommunications IT Query- IT Law in the UAE

From our Setting up series


JAFZA- Establishing Offshore Companies in the Jebel Ali Free Zone Setting up in Dubai International Financial Centre Setting up in Dubai Internet City Setting up in Dubai Media City Setting up In Knowledge Village

Maritime, Aviation & Insurance


UAE Shipping Law: Cargo Claims and Other Related Issues Laws Regulating Insurance in the United Arab Emirates

Property, Construction & Engineering


Construction Law Property Law in the UAE and Qatar

Arbitration & Litigation


Arbitration: Theory and Practice in the UAE Dubai Court Fees (in English and Arabic) Framework for Litigation in the United Arab Emirates Law of Tort in the UAE

Banking & Finance


Banking & Security Law in the UAE Islamic Finance: A UAE Legal Perspective Taxation Law in the UAE

Corporate Commercial
Companies under the UAE Commercial Companies Law Inheritance Law in the UAE International Agreements, Conventions & Protocols signed by the Government of the UAE Joint Ventures: Theory and Practice in the UAE Labour Law in the UAE Standardisation and Classication in the UAE The GCC Economic Agreement & Customs Law UAE Immigration Law

Law Update
The full back catalogue of Law Update since April 1991 (available online only)

Setting Up in the Dubai International Financial Centre

The Comprehensive guide to establishing Companies in the new Financial nexus.


Setting Up in the Dubai International Financial Centre is a guide for companies and individuals wishing to set up an entity in the Dubai International Financial Centre. The guide looks to answer some of the most important questions which often arise in the context of setting up in the DIFC. The guide has been composed in a clear and concise manner and divided into topical chapters to offer a greater understanding of both the business and legal aspects of operating within the DIFC.

www.tamimi.com

Order: books@tamimi.com