Be aware: Defaulters in UAE may be pursued in India

February 17, 2020

In a historical development of India and UAE relationship, UAE Judgment will be recognized and enforceable in India based on reciprocity as per the Notification issued by the Government of India on 17 January 2020 (“Notification”). On 17 January 2020,  Government of India published in its official gazette Notification for recognition of the UAE as a ’Reciprocating Territory’ under  The Code of Civil Procedure of 1908 of India (5 of 1908) (“Indian CPC”) relative to the enforcement of UAE judgments by Indian Courts. Thus, a judgment passed by a ‘Superior Court’ of UAE can be directly enforced in India by filing a certified and legalized copy of the final and conclusive judgment. Background of the Notification India and UAE had entered into an Agreement on 25 October 1999 on Juridical and Judicial Cooperation in Civil and Commercial Matters for the Service of Summons, Judicial Documents, Commissions, Execution of Judgments and Arbitral Awards (“Agreement’). The Agreement so far only applied to service of summons, judicial documents or processes, recording of evidence by means of Letters of Request and / or commissions and execution of decrees and arbitral awards. On 29 May 2000, the instrument of ratification of the Agreement was exchanged and published in the Indian Gazette on 16 December 2000. However, until publication of the Notification in official gazette on 17 January 2020, India had only given effect to service of summons and other process under Section 29 (c) of the CPC. On 17 January 2020, the Ministry of Law and Justice of the Government of India issued a notification stating that: “In exercise of the powers conferred by Explanation 1 to Section 44A of the Code of Civil Procedure Code of 1908  (5 of 1908), the Central Government hereby declares , United Arab Emirates to be  a reciprocating territory for the purposes of the said section and the following Courts in United Arab Emirates shall be the superior Courts of that territory, namely:- Federal Courts: Federal Supreme Court Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah. Local Courts: Abu Dhabi Judicial Department; Dubai Courts; Ras Al Khaimah Judicial Department; Courts of Abu Dhabi Global Markets; Courts of Dubai International Financial Centre”. Reciprocity The Notification of 17 January 2020 is based on reciprocity. The judgment issued by foreign courts has no admissibility and hold no evidentiary value in Indian Courts, unless they are declared to be ‘Reciprocating Territories’ under Section 44 of Indian CPC. Section 44A of Indian CPC summarises the principle of reciprocity, i.e. execution in India of foreign decree passed by a foreign country (reciprocating) and the manner in which it is to be done. The said provision provides: “44A. Execution of Decrees passed by Courts in reciprocating territory— (1) Where a certified copy of a decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it has been passed by the District Court.  (2) Together with the certified copy of the decree, a certificate from such superior court shall […]

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the 3rd DIAD-DIAL Conference

February 16, 2020

On 13 February 2020, Mohammed Alsuwaidi, the Managing Partner of Al Suwaidi & Company participated in the 3rd DIAD-DIAL Conference that was held in Al Habtoor Palace, Dubai, UAE from 13 – 15 February 2020 and talked about “Cases ended up in court” where he discussed the legal concept of Medical Responsibility; Negligence and definition of medical error as well as its penalty. He also talked about the liability of a plastic surgeon and discussed some cases that reached the Court.

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Sharjah Second Engineering Forum

January 29, 2020

Al Suwaidi & Company was invited to participate in the Sharjah Second Engineering Forum organized by the Sharjah Municipality that took place on 21 & 22 of January 2020. Our associate, Mr. Reda Hegazy attended on behalf of our firm and he gave a talk and a presentation on the topic: “Basic Conditions for Contracting Contracts”. Mr. Reda communicated/delivered to the attendees a deep legal understanding of the Contracting Contracts detailing the liability of the parties including the subcontractors.

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Tourism Boost: The New Five-Year Multiple-Entry Tourist Visa

January 23, 2020

This month, the UAE Cabinet approved the issuance of a five-year, multiple entry tourist visa for all nationalities visiting the country. This move aims to enhance the UAE’s position as a top tourist destination and further strategically supports the Dubai Expo 2020 efforts. Holders of the five-year multiple entry tourist visa shall be allowed to stay in the UAE for a period of six (6) months on each visit . This is a welcome development for tourists, visitors and UAE residents who now have the option to apply for a tourist visa once and may re-enter on the same visa. Currently,  tourists can visit with a single entry for 30 days or multiple entry for 90, from the date of the entry. Such enhancement shall increase the number of business visitors, family visitors of residents and those who decide to visit the UAE on short notice from countries where potential visitors may have had to re-apply for a new tourist visa. The details behind the five-year, multiple entry tourist visa shall be introduced to the people within the next four months. While eligibility and terms and conditions are said to remain the same as those in place for other tourist visa types, the UAE’s Federal Authority for Identity and Citizenship has been tasked by the UAE Cabinet with implementing the new decision. The announcement was well-received by UAE’s business community who anticipate sustainable growth arising from a continuous inflow of tourists to the UAE who shall spend on the local economy from retail through hospitality thereby providing added lift to the real estate, transportation, tourism and entertainment sectors. We at Al Suwaidi & Company shall continue to monitor the developments, implementing rules and further details surrounding this important decision that will surely support the achievement of the UAE’s goal to welcome more tourists into the country for this year and further into this decade. If you have any questions related to this, please reach out to Vida Grace at  vida@alsuwaidi.ae

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Legal Corner with Al Suwaidi & Company / Swiss Business Council Dubai. “How to Avoid & Handle Bad Debts”

January 22, 2020

Al Suwaidi & Company was recently invited to perform a presentation before the Swiss Business Council held in Dubai, UAE. Our Senior Associate, Mr. Suneer Kumar represented our firm by leading a seminar on the topic: ‘How to Avoid & Handle Bad Debts’. Mr. Suneer’s depth of research and understanding on the topic in question, and his ability to present the subject in such an interesting way produced a very memorable and engaging presentation for all the attendees. The seminar trained everyone to effectively identify bad debts and the detrimental effects it may have on a business, as well as familiarized them with means of avoiding bad debts and mitigating its effects through measures and remedies. The in-depth presentation provided a lot of information to be desired for, yet also allowed room for much discussions and many immersed questions to be asked during the end, which Mr. Suneer was able to address and answer with relative ease and sound knowledge – demonstrating Al Suwaidi & Company as the go-to law firm for all your effective solutions.

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IP News, “POLO” vs “Car-pollo”

January 6, 2020

Japan Patent Office (JPO) decided that VW’s famous car model “Polo” is dissimilar to, and unlikely to cause confusion with, the word mark “Car-pollo” when used for car navigation. Volkswagen AG filed an opposition against registration the word mark “Car-pollo” written in standard character filed by Baidu Online Network Technology Beijing Company Limited on the grounds that Opposed mark shall be objectionable based on senior trademark registration for the word mark “POLO”. The opposed mark is designated for; Navigation system (GPS) for vehicles; car video recorders; batteries for vehicles; battery charging devices for motor vehicles; electric locks for vehicles in class 9. Wheelbarrows; airplanes; vessels; bicycles; electric bicycles in class 12. Automatic driving cars design in class 42. Article 4(1)(xi) is a provision to prohibit from registering a junior mark that is deemed identical with, or similar to, any senior registered mark. Article 4(1)(xv) provides that a mark shall not be registered where it is likely to cause confusion with other business entity’s well-known goods or services, to the benefit of brand owner and users’ benefits. According to the above articles, the Opposition Board decided that “POLO” and “Car-pollo” are totally dissimilar from visual, sound and conceptual points of view. Regarding the opponent’s allegation, the Board stated the term “Car” isn’t a usual word to indicate ‘wheelbarrows; airplanes; vessels; bicycles; electric bicycles’ of class 12. From the produced evidence, there does not exist any circumstance to admit the term “pollo” shall be conceived as a dominant portion of the opposed mark in fact. If so, it looks rather appropriate to consider relevant consumers would grasp opposed mark in its entirety. Board also negated a likelihood of confusion between “POLO” and “Car-pollo” even if an opposed mark is used for car video recorders; batteries for vehicles; battery charging devices for motor vehicles; electric locks for vehicles, and car-related services. Based on the foregoing, the Board dismissed opposition and accepted “Car-pollo” registration. In our opinion, the two trademarks as similar and we believe that the customers will mentally make a connection between the trademark and Volkswagen AG.

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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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