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Celebration of Al Suwaidi & Company 22nd Anniversary

December 30, 2019

Dear All, As of this day, we are celebrating two wonderful occasions, the new year and the 22nd anniversary of Al Suwaidi & Company. We wish each one of you success in this coming year that is about to begin. Your efforts and perseverance are very precious and important to us to achieve our goals. We hope that 2020 fills your lives with joy and prosperity. Al Suwaidi & Company sincerely wishes you a Happy New Year. It has been 22 years since we established our firm.  I remember very well the moment I was handed my professional license back on 30 December 1997. It was my birthday as well as the firm’s birthday.  I remember my very first client and my first colleagues. I also remember when I began searching for an office for us and the first pieces of furniture which we needed to get. I am thankful for the talented lawyers and associates and outstanding employees who have played important roles in the development and success of this Firm. Their dedication, hard work, enthusiasm and positive energy have helped to define Al Suwaidi & Company as one of the leading law firms in the region. We built our practice through word of mouth by simply providing our clients with the highest quality legal services with the attention, care and level of communication they deserve. We reiterate herein our responsibilities and goals to achieve for our clients the fairness and justice they deserve.  We could develop strategies to bring every case home at the lowest cost with the best results possible. We are also thankful for the Firm’s clients who have placed their trust in us. This successful journey would not be possible without the support and involvement of our clients. We look forward to many more years and many more successes on our journey working together. From the bottom of my heart, I thank you all

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Arbitration Judgment

December 25, 2019

“Al Suwaidi & Company has successfully represented their client in a ruling by the Federal Supreme Court on 15 January 2019 on the enforcement and recognition of an arbitral award.”. In the said ruling, the Federal Supreme Court overturned a refusal by the Khor Fakkan Court of Appeal to recognize and enforce a foreign arbitral award which had been issued under the Rules of the London Court of International Arbitration (LCIA) in London, on the basis that it had not been granted exequatur by the English Court before being enforced in the UAE. The Federal Supreme Court held that the basis on which the lower court rejected the recognition and enforcement of the mentioned award in that it was not granted exequatur in the country where it was issued was unlawful. The Federal Supreme Court found that the Court of Appeal’s ruling amounted to a ‘double-exequatur’ requirement which had been abolished by the New York Convention. In view of the foregoing, the term “authentication” as envisaged in Article IV(1)(a) of the New York Convention should be construed as authentication and legalization as required for official documents issued by a foreign country and invoked within the State.”

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Dubai Court’s Leading Judgement on Piercing the Corporate Veil

December 25, 2019

Al Suwaidi & Company succeeded in obtaining final and executory judgment rendered by the Dubai Court of Appeal in favor of our Client whereby it upheld to hold the shareholder of a limited liability company jointly and severally liable for said company’s obligation. Short facts: The Client filed a commercial dispute case before the Dubai Court of First Instance (CFI) for the cancellation of a Sale and Purchase Agreement which the Client entered into for the purchase of a yacht. He filed this case against the free zone company that is organized under the rules and regulations of the Dubai Multi Commodities Center (the “DMCC Company”) including its shareholder for failure to complete the sale and to deliver the yacht and sought for the restoration of the parties to their original position before the entry into the said contract (that is the return of all the monies paid for the yacht purchase) including compensation for damages. The shareholder of the DMCC Company argued that his liability shall only extend to his share in the capital of the DMCC Company. He further asserted that he is not personally liable for the DMCC Company’s liabilities as the DMCC Company is a separate legal entity as distinct from its shareholder. Accordingly, the Dubai CFI issued a judgment holding that the DMCC Company and its shareholder as jointly and severally liable for the payment of all the monies paid for the yacht purchase as a result of the valid termination of the Sale and Purchase Agreement. The DMCC Company’s shareholder then filed an appeal before the Dubai Court of Appeals alleging that the Dubai CFI erred in the application of the law. Issue: Whether the Dubai CFI erred in the application of the law in adjudging the DMCC Company and its shareholder as jointly and severally liable for the payment of all monies paid for the yacht purchase pursuant to a valid termination of the Sale and Purchase Agreement. Decision: The Dubai Court of Appeals (CA) affirmed the judgment rendered by the Dubai CFI and rejected the appeal filed by the DMCC Company’s shareholder. The Dubai CA held that the DMCC Company’s license clearly establishes that it is a limited liability company organized under the rules and regulations of the Dubai Multi Commodities Centre (DMCC). Nonetheless, the provisions of Articles 10 and 12 of Regulation No. 4 of 2002 (the “DMCC Regulation”) on the Organizing Operations at the Dubai Commodities and Metals Centre state that each limited liability company incorporated in accordance with DMCC rules and regulations shall mention the following in all the DMCC Company’s activities, contracts, advertisements, invoices, correspondence and publications: The company is established and incorporated with limited liability; and The company is established and incorporated under the rules and regulations of the DMCC. In the event a company established in DMCC fails to mention the above item nos. 1 and 2, the owner or owners of the said company shall be held personally liable for the company’s obligations. Article 13 of the DMCC Regulation further stipulated that the Dubai Courts shall apply the laws pertaining to the DMCC when considering […]

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The Multilaw EMEA Regional Meeting

December 25, 2019

The Multilaw Employment Practice Group meeting was held at the EMEA Regional Meeting which was attended by Stephanie Mouanes from Al Suwaidi & Company. Stephanie spoke about the secondment of an employee from the UAE jurisdiction and the challenges met during litigation procedures.

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The Multilaw EMEA Regional Meeting in Barcelona

December 25, 2019

Our Firm’s Managing Partner Mohammed Alsuwaidi and Associate Stephanie Mouanes attended the Multilaw EMEA Regional Meeting in Barcelona from 2-4 May. Useful and interesting insights were discussed at day 1 of the conference on Brexit and on maximizing a firm’s engagement that was conducted by former chief editor of The Legal 500, Mr. Mike Nash. On Day 2 of the Conference, the EMEA Regional Chair Jon Heuvel and after the approval of the Board of Multilaw, has announced the hosting of EMEA in Dubai, UAE, in early March 2020. We expect the attendees to be around 150 business lawyers. We Al Suwaidi & Company are very honored and excited to be the host of this conference. A speech was further carried by Mr. Mohammed whereby he introduced Dubai to the attendees and invited everyone to take part of it. We are pleased and thankful for our selection as a UAE full serviced firm and we look forward to hosting a number of delegates from various jurisdictions next year.

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The Multilaw Asia Pacific Regional Meeting in Singapore

December 25, 2019

Mr. Mohammed Alsuwaidi the Managing Partner of Al Suwaidi & Company and our Firm’s Associates Mr. Suneer Kumar, Mrs Lailani Manalastas and Ms. Stephanie Mouanes attended the Multilaw Asia Pacific Regional Meeting in Singapore on April 23-24- 2019. A lot of useful insights were shared in the panel discussion on How Lawyers Can Add Value in Navigating New Frontiers and The Way Forward in International Mediation and ADR.

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IBA the 11th Annual Real Estate Investments Conference

December 25, 2019

Our Managing Partner, Mr. Mohammed R Alsuwaidi moderated in the Friday morning session ‘Real estate disputes – whose court is it anyway?’ at the IBA 11th Annual Real Estate Investments Conference. The panel of speakers discussed the different jurisdictional considerations for real estate disputes.”

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Insolvency law: The objectives and the mechanisms

December 17, 2019

Insolvency Law No. 9 of 2019 enters into force from January 2020, which is the year of economic and social betting on development and aspiration for a happier and more stable country. What is the role of the insolvency law in this context? Contrary to the federal bankruptcy law, the insolvency law includes civilians who are not merchants whose financial difficulties have prevented them from paying their debts and discharging their financial receivables – the insolvency law has set out clear and easy-to-apply rules for collecting bad debts and rehabilitating the financial position of the debtor, which increases the credibility of creditor banks in loaning individuals, and encourages. According to the third article of the insolvency law, which requires commencement of procedures, the debtor shall submit to the court an application without contesting anyone in it, to settle his/her financial obligations, provided that the required documents are attached to the application. Protective and penal measures Opening insolvency proceedings, does stop the claims? The law stipulated that during the insolvency and liquidation procedures, it is not permissible to initiate or pursue any lawsuits or take legal or judicial measures against the debtor, as the issuance of the decision to open the insolvency and liquidation procedures entails stopping the entitlement of legal or contractual benefits to the debtor, including the interest due, or compensation due for late payment, and the cessation of any judicial action against any person who granted a personal guarantee to the debtor, or transferred his/her money as a guarantee of the debtor’s obligations, pending the issuance of a judgment to liquidate the debtor’s money, within the limits of that guarantee. Penal procedures If the court decides to initiate procedures for settling financial obligations, or commences insolvency and liquidation procedures, it orders, on its own initiative or at the request of the debtor, to suspend any penal procedures if they arise from cases of issuing a check without balance for checks issued by the debtor before requesting the commencement of procedures settlement of financial obligations, or prior to the request to open insolvency procedures and liquidation of funds. Measures against the debtor and penalties against the creditor The law has been misled by the debtor, with the intent to harm the insolvency and liquidation procedures, in a way that prevents the secretary appointed by the court from performing his duties in accordance with the provisions of this law. In the event that it becomes apparent to the court after the debtor’s insolvency decision and the liquidation of his/her funds, that any debtor’s money has not been disclosed, then it may include that money in the debtor’s liquidated funds, then the court may take the necessary measures against the debtor if he/she commits any of the acts or the following actions: fleeing outside the country to avoid or postpone the payment of any of its debts, avoid, postpone, disable the insolvency procedures or liquidate his/her funds,  dispose of any of his/her funds with the aim of preventing the Secretary from possessing it or delaying possession thereof, as well as hiding or destroying any of his/her funds, documents or other relevant information […]

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A Judgment by Dubai Court of Cassation to stop infringement of international trademark

December 16, 2019

A Judgment issued by the Dubai Court of Cassation to stop the infringement of a well-known trademark in a case that presents a unique precedent because of the difficulty in these types of cases to ascertain the conditions and reasons for stopping the infringement of trademarks and prevent it. The case is that the claimant (Owner of the trademark), filed a case before  Dubai Court of First Instance against a well-known real estate company in Dubai, requesting relief from the court that the infringement of its mark by the respondent must be stopped because of the similarities which match their mark, leading to misleading consumers. A judgment was issued by the Dubai Court of First Instance on 14/08/2017, including the deletion of a trademark of a hotel belonging to the respondent’s real estate company and the announcement of its deletion in two daily newspapers published in the country in Arabic. Advocate/Mohammed R. Al Suwaidi filed a memorandum stating that the company’s trademark is a worldwide well-known trademark with legal protection under the provisions of article 4 of the Commercial Trademarks Law. It is also the first that registered its mark and been using it locally and internationally. Al Suwaidi stated that winning the case is great importance to the trademark and its reputation and that the court considered in its judgment that the trademark of the claimant is worthy of the protection prescribed by the trademark law. However, the respondent appealed the Judgment at Dubai Court of Appeal, which rejected the appeal and issued a judgment on 28/05/2018, which the respondent appealed before Dubai Court of Cassation, which rejected it and issued its final judgment on 11/11/2018.

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“Al Suwaidi & Company is one of the sponsors of Asian Legal Business (ALB) In-House Legal Summit 2020

December 16, 2019

“Al Suwaidi & Company is one of the sponsors of Asian Legal Business (ALB) In-House Legal Summit 2020, held on 22 October 2019 at Sofitel Dubai Downtown.

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