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DUBAI COURT OF CASSATION'S LANDMARK RULING ON ARBITRATION: A GAME CHANGER FOR LEGAL COSTS AND THIRD-PARTY AGREEMENTS

On November 19, 2024, the Dubai Court of Cassation (DCC) issued a pivotal ruling that provides much-needed clarity on several critical issues surrounding arbitration. Dubai: This landmark decision addresses the selection of the arbitration seat, the jurisdiction of the Abu Dhabi Global Market (ADGM) Courts regarding annulment claims of International Chamber of Commerce (ICC) awards, the interpretation of Article 38 of the ICC Rules concerning legal costs, and the extension of arbitration agreements to third parties. Arbitration Seat Selection and ADGM Courts' Jurisdiction In this ruling, the DCC asserted that the ADGM Courts do not have jurisdiction over annulment claims related to ICC awards seated in Dubai. This determination was based on the parties' agreement to designate Dubai as the seat of arbitration. The court emphasized that the presence of the ICC Representative Office in ADGM does not confer jurisdiction on the ADGM Courts for ICC arbitration awards seated in Dubai. The court highlighted the crucial distinction between the physical venue for hearings and the legal concept of the seat of arbitration, underscoring its significant implications for challenging arbitral awards. Article 38 of the ICC Rules and Legal Costs The DCC provided valuable insights into the interpretation of Article 38 of the ICC Rules, which permits arbitral tribunals to award legal costs, including attorney fees. This article allows tribunals to award "reasonable legal and other costs incurred by the parties for the arbitration." The court clarified that the term "costs" is broad, encompassing various expenses, including legal fees. The court dismissed the argument that the absence of a specific mention of attorney fees in the article excludes them from being recoverable. The ruling referenced international arbitration practices and the ICC’s guidelines, which support the inclusion of legal fees as part of arbitration costs. Extending Arbitration Agreements to Third Parties Another critical issue addressed by the DCC was whether arbitration agreements could be extended to third parties who were not signatories. The court ruled that the party issuing instructions, rather than the one who physically signed the agreement, could extend the arbitration clause. As such, an agreement signed by a subsidiary could apply to the parent company, or vice versa, depending on which party had decisive authority during the contract's formation or performance. This ruling aligns with legal principles that recognize the extension of arbitration agreements to closely related entities. Implications & Conclusion This ruling, along with recent decisions from the DCC, underscores the UAE's commitment to enhancing its arbitration framework. Dubai is positioning itself as a premier center for international arbitration in the Middle East, creating a supportive legal environment for resolving arbitration disputes. ALKETBI TOUCH Our professional arbitration team can provide you with crucial support in understanding arbitration and ensuring compliance with the latest rulings. Our lawyers can offer expert guidance on the selection of the arbitration seat and jurisdiction issues, ensuring that agreements are drafted to reflect the parties' intentions and minimize risks. We also assist you in managing arbitration costs, including advising on the recoverability of legal fees and other expenses under the ICC Rules. This and draft and review arbitration agreements to ensure they are enforceable and extendable to related entities, protecting your interests. In the event the dispute arise, we provide robust representation, leveraging the latest legal precedents to achieve favorable outcomes. Contact us to know more!

BAHRAIN TIGHTENS THE REINS: NEW AMENDMENTS TO CONSUMER PROTECTION LAW TACKLE TELEMARKETING ABUSE

Bahrain's Shura Council has unanimously approved significant amendments to the Consumer Protection Law of 2012, with the primary goal of curbing intrusive telemarketing and advertising practices. These changes will ensure that telemarketers and advertisers respect consumers' personal time and privacy by prohibiting unsolicited communications that disrupt people's daily lives. Manama: The newly proposed amendments, led by Leena Qassim, chairwoman of the woman and child committee, emphasize the importance of protecting consumers from unwarranted disturbances, particularly in the form of phone calls, text messages, and other forms of direct marketing. This initiative comes in response to a growing public outcry over the increasing number of unsolicited marketing communications, which many consumers find disruptive and unwelcome. With the amendments now approved by the Shura Council, they will be formalized into a draft piece of legislation that will be reviewed by the National Assembly for further scrutiny. If passed, these changes will provide Bahrain with more robust tools to protect consumers from intrusive marketing practices while ensuring that businesses are held accountable for respecting consumers' rights to privacy and time. I.  Key Provisions of the Amendments Prohibition of Intrusive Telemarketing: The amendments oblige telemarketers and advertisers to ensure that their communications do not intrude on consumers’ personal time or create unwelcome disturbances. This includes restrictions on the timing and frequency of telemarketing calls and messages. Judicial Oversight and Enforcement: The Minister of Commerce or their designated representatives are authorized to appoint judicial police officers. These officers have the power to conduct inspections, oversee commercial activities, and take legal action against violators. Severe Penalties for Violations: Offenders face penalties similar to those prescribed for fraud under the Penal Code, including the closure of their business and potential deportation. Final rulings against violators will be published on the Ministry of Commerce’s website to ensure transparency and deter future infractions. Preventing Obstruction of Authorities: The law includes provisions to prevent any obstruction of the authorities' duties. This encompasses withholding necessary information, providing false or misleading data, and hindering official investigations by withholding necessary documents. Addressing International Telemarketers: The amendments also seek to address the challenges posed by international telemarketers. The Ministry of Transportation and Telecommunications has issued rules for bulk commercial messages, whether as advertisements or offering services or goods. II. Implications for Consumers and Businesses ·        Enhanced Consumer Protection: The amendments are designed to protect consumers from intrusive and unwelcome telemarketing practices. By regulating the timing and frequency of telemarketing communications, the law aims to ensure that consumers' personal time and privacy are respected. ·        Fair Business Practices: The new regulations promote fair business practices by ensuring that telemarketing is conducted sensibly and without harassment. This helps maintain a balance between consumer rights and business needs. Challenges in Enforcement: While the amendments are well-intentioned, enforcing them may prove challenging, especially with international telemarketers. The Ministry of Commerce and the Telecommunications Regulatory Authority will need to work together to effectively monitor and regulate telemarketing activities. In Conclusion Bahrain's approval of amendments to the Consumer Protection Law marks a significant step towards regulating telemarketing practices and protecting consumer rights. By imposing strict regulations and penalties, the law aims to create a fair and transparent business environment. However, effective enforcement will be crucial to achieving the desired outcomes and ensuring that consumers are protected from intrusive marketing practices.   ALKETBI TOUCH Our team of professionals can guide businesses through the legal requirements and procedures for setting up a company in the UAE, ensuring compliance with local regulations. This includes obtaining the necessary licenses and permits, whether for mainland, free zone, or offshore entities. We also help you determine the most suitable business structure (e.g., LLC, branch office, free zone company) based on the specific needs and goals of the business, while also providing corporate retainer agreements. Our team will also handle your IP protection & trademark registration. In the event of legal disputes, ALKETBI is well positioned to provide representation, mediation and arbitration services to resolve conflicts efficiently and effectively, minimizing disruptions to business operations. By leveraging ALKETBI expertise you remain confident that your business is fully compliant and can fully capitalize on the opportunities presented by the new CEPA agreements. Stay in touch! 

UAE EXPANDS GLOBAL TRADE WITH NEW CEPA AGREEMENTS WITH KENYA, MALAYSIA, AND NEW ZEALAND

The UAE has made significant strides in enhancing its global trade network by signing Comprehensive Economic Partnership Agreements (CEPAs) with Kenya, Malaysia, and New Zealand. These agreements are expected to enhance economic cooperation, streamline trade processes, and create new opportunities for businesses in the UAE and the partner countries. Dubai: The United Arab Emirates (UAE) has recently signed Comprehensive Economic Partnership Agreements (CEPAs) with Kenya, Malaysia, and New Zealand, marking a significant step in its strategy to diversify its economy and strengthen global trade relations. These agreements are part of the UAE's broader initiative to enhance its post-oil economy and foster international trade and investment. UAE’s CEPA Strategy Overview Since 2021, the UAE has prioritized CEPAs as a vital part of its economic strategy, focusing on forming strategic partnerships to diversify its economy and improve trade relations. The agreements are aimed at simplifying market access, reducing trade barriers, and harmonizing legal and regulatory frameworks across borders. Key Highlights of the Latest CEPAs Kenya-UAE CEPA Economic Growth: Non-oil trade between the UAE and Kenya reached $3.1 billion in the first nine months of 2024, reflecting a 29.1% increase from the previous year. Sector Focus: Agriculture, technology, healthcare, and tourism are primary areas of collaboration. Legal Framework: Includes intellectual property protections, investment safeguards, and strong dispute resolution mechanisms to enhance business confidence. Malaysia-UAE CEPA Tech and Energy Cooperation: Malaysia and the UAE aim to strengthen ties in technology and renewable energy, leveraging Malaysia’s manufacturing expertise and the UAE’s advanced logistics infrastructure. Streamlined Trade: The agreement reduces tariffs and establishes a clear legal framework for businesses. New Zealand-UAE CEPA Agricultural Trade: Focuses on boosting agricultural exports from New Zealand to the UAE to enhance food security and supply chain efficiency. Sustainability Goals: Both countries emphasize renewable energy and environmental sustainability as key aspects of the agreement. Legal and Strategic Benefits of the CEPAs Investment Protections: These agreements offer legal guarantees and protections for investors, ensuring a stable business environment. Market Access: CEPAs simplify trade operations by aligning regulations and reducing tariffs. Dispute Resolution: The agreements include mechanisms for resolving trade disputes, ensuring a fair and predictable legal framework. Innovation and IP Rights: Enhanced intellectual property protections promote innovation and safeguard business interests. Strategic Importance for the UAE Economic Diversification: The CEPAs align with the UAE’s long-term goal of growing its economy to over $800 billion by 2030. Global Trade Hub: These partnerships strengthen the UAE’s position as a global trade hub, linking markets across the Middle East, Africa, and the Asia-Pacific. Sustainability Focus: By prioritizing renewable energy and sustainable development, the UAE solidifies its role as a leader in environmental initiatives. In Conclusion With these new CEPAs with Kenya, Malaysia, and New Zealand, the UAE continues to enhance its global economic ties. The agreements not only promote trade and investment but also establish a robust legal framework that supports innovation, sustainability, and long-term growth, positioning the UAE as a leading global economic force. ALKETBI TOUCH Our team of professionals can guide businesses through the legal requirements and procedures for setting up a company in the UAE, ensuring compliance with local regulations. This includes obtaining the necessary licenses and permits, whether for mainland, free zone, or offshore entities. We also help you determine the most suitable business structure (e.g., LLC, branch office, free zone company) based on the specific needs and goals of the business, while also providing corporate retainer agreements. Our team will also handle your IP protection & trademark registration. In the event of legal disputes, ALKETBI is well positioned to provide representation, mediation and arbitration services to resolve conflicts efficiently and effectively, minimizing disruptions to business operations. By leveraging ALKETBI expertise you remain confident that your business is fully compliant and can fully capitalize on the opportunities presented by the new CEPA agreements. Stay in touch! 

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