Articles

Litigation v. Arbitration in the UAE

While both serve the purpose of delivering justice, arbitration and litigation differ significantly in terms of process, flexibility, cost, and enforceability. Understanding these differences is essential for businesses to make informed decisions. This article provides a comparative analysis of these two methods, offering key considerations for businesses to determine which is the most appropriate for […]

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Understanding Time-Bars and Statutes of Limitation in UAE Law

Civil Claims: General Rules Civil claims in the UAE are predominantly governed by Federal Law No. 5 of 1985 (UAE Civil Code). For general contractual disputes, the law sets a 15-year limitation period under Article 473. This provides a generous window for parties to pursue claims related to breaches of civil obligations. In cases involving

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The Need for Regulation on Arbitrators’ Workload in DIAC Arbitrations

This regulatory vacuum not only raises questions about the quality of arbitral awards but also places undue strain on parties who seek fair and thorough adjudication of their disputes. The Problem: Overburdened Arbitrators and Unjust Outcomes Our firm was recently engaged in an arbitration where the dismissal of a claim was based on an obscure

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The Legal Consequences of Subleasing and Sharing a Property Without the Landlord’s Consent

Historic Overview Subletting is a common practice in the real estate market, especially where landlords entrust leasing agents to manage properties. These agents, acting as original tenants, may sublease the property to third parties. However, with rising rental costs, many tenants in UAE resort to sharing accommodation to split expenses, often without the landlord’s consent.

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Understanding Prenuptial Agreements for Foreign Residents in the UAE: A Guide to the Current Legal Framework

This article will explore the current legal framework surrounding prenuptial agreements in the UAE, particularly under Federal Decree-Law No. (41) of 2022 and relevant Emirati laws. Legal Framework guiding the Prenuptial Agreements in the UAE 1. Federal Decree-Law No. (41) of 2022 Federal Decree-Law No. (41) of 2022 governs civil personal status and family matters

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Key Rules for Determining Taxable Income in the UAE

Starting Point: Net Accounting Profit or Loss The process for determining taxable income begins with the net accounting profit or loss reported by the taxable person. This figure provides the baseline for further adjustments required by the UAE CT Law. Key Adjustments for Accurate Taxable Income Calculation Exempt Income: Identify and exclude income that is

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Mastering Withholding Tax and UAE Corporate Tax: A Guide to Managing Foreign Tax Credits

Withholding Tax Credit as an Instrument to Avoid Double Taxation In an increasingly globalized economy, businesses and individuals often receive income from various foreign sources, such as dividends, interest, royalties, and service fees. To appropriately tax these cross-border transactions, many countries implement withholding tax mechanisms. Typically, the payer—a business or financial institution in the foreign

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Redundancy in the UAE: Understanding Your Rights and the Legal Framework

Introduction We take this opportunity to discuss a very hot topic of Redundancy, a term frequently used by employers, but not always properly understood or fairly applied. 2016: Initial recognition of redundancy under UAE Labour Law, providing a foundation for lawful termination due to business needs. 2020: Ministerial Resolution No. 279 of 2020 introduced during

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Hidden Savings: Discover If Your Business Qualifies for UAE Corporate Tax Exemptions

There is also a possibility to seek various exemptions and reliefs. However, certain conditions must be met for businesses to qualify for exemptions or reliefs and understanding these conditions is crucial for maximizing potential savings now that businesses must accept and adapt to the new CT Law. Types of Exemptions Extended by the Ministry of

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