Insight Category: News
In a significant ruling that underscores the strict formalities governing arbitration agreements under UAE law, the Dubai Court of Cassation recently issued its final judgment in Case No. 445/2025/24, rejecting the appeal of a joint venture comprising a Spanish multinational construction company and a leading Turkish EPC contractor. The dispute revolved around the enforcement of… Continue reading Court of Cassation Affirms Invalidity of Arbitration Clause in Retention Dispute due to lack of signature, despite stamp...
Dubai has long positioned itself as a global leader in innovation—and the UAE’s latest announcement affirms just how central artificial intelligence will be to its future. In April 2025, the UAE Cabinet approved a landmark plan to develop new legislation using AI, with the ambitious goal of accelerating lawmaking by 70%. This initiative marks a… Continue reading Technology, AI, and the Future of Litigation in Dubai’s Onshore Courts...
In a recent decision by the Dubai Court of Cassation (‘DCC’), critical issues surrounding the scope and continuity of guarantee obligations were addressed. The ruling in Commercial Appeal No. 1313 of 2024, delivered following a public session on 29 January 2025, provided important guidance on how guarantor liability is interpreted in commercial disputes. This article… Continue reading Continuing Liability Under Guarantee Agreements...
The UAE’s legal system, long anchored in the civil law traditions of Sharia and continental codes, is slowly but surely embracing the common law influences and nowhere is this more vivid than in the country’s arbitration landscape which has become the lifeblood of a nation thriving on international trade. Through recent rulings from the Dubai… Continue reading Emerging Common Law Influences in Recent UAE Court of Cassation Decisions...
The right to litigation is one of the cornerstones of any justice system—a fundamental human right that empowers individuals and entities to seek redress through the courts. When exercised appropriately, it safeguards rights, ensures accountability, and upholds the rule of law. However, when misused, this same right can become a tool for manipulation, harassment, or… Continue reading Misuse of the Right to Litigate...
Introduction A recent ruling by the Dubai Court of Cassation provides valuable insights into the enforceability of gift transactions executed by debtors with encumbered assets. The decision addresses the legal challenges that arise when a debtor transfers assets by way of a gift while those assets remain liable for significant debts. This analysis examines the… Continue reading Dubai Court of Cassation’s Ruling on Gift Transactions Involving Debt-Encumbered Assets...
Recent Judicial Decision Grants Justice to Partners in Limited Liability Companies Facing Negligence by Company Management and General Assemblies in Complying with Legal Procedures for Profit Calculation and Distribution The manager of a limited liability company is required—pursuant to the Companies Law—to prepare the company’s annual financial statements, calculate profits and losses, draft an annual… Continue reading Legal Procedures for Profit Calculation and Distribution...
In a landmark development poised to reshape the regulatory landscape of business in Dubai, H.H. Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Deputy Prime Minister and Minister of Defence, has issued Executive Council Resolution No. (11) of 2025, governing the operations of free zone establishments wishing to expand into mainland… Continue reading Free Zone Companies Cleared to Operate on Mainland...
The UAE has long been a dazzling showcase for luxury, with its towering malls, global flagship stores, and ultra-high-net-worth consumers solidifying its position on the luxury map. Its strategic importance for international brands is undeniable, acting as a gateway to the wider Middle East and North Africa (MENA) markets. Today, however, the Emirates are undergoing… Continue reading Luxury in the UAE: Navigating Legal Shifts for Market Success...
The increasing prevalence of alternative forms of dispute resolution (ADR) across civil and common law jurisdictions has placed greater emphasis on the applicability and recognition of the ‘Without Prejudice’ (WP) privilege. In its widest sense, this privilege prevents the use of communicative statements, either textual or verbal, made in a settlement forum between parties, from… Continue reading A review of the ‘Without Prejudice Privilege’ in the UAE and the UK: A comparative assessment...