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Coronavirus Impact on Arbitration Agreements

Presently the whole wide world is concerned about the impact of coronavirus on the economy and certain other specific sectors, wherein the impact on arbitration agreements would be todays discussing topic by Arbitration Lawyers of Dubai. In a recent article, our legal consultants have discussed the aspect of whether impact of corona virus is a force majeure event within the parameters of UAE Civil Transactions Law. Accordingly, we are of the opinion that the Pandemic fulfills the principal state of a force majeure (for example it is not predictable) as long as the parties have gone into the agreement prior to the time when World Health Organization declared COVID-19 as a pandemic. In any case, so as to effectively drop ones commitments under an agreement by conjuring force majeure a party must likewise demonstrate the commitments of an agreement are difficult to act in this period of the Pandemic; to do so a party must fulfill the second condition that is the effect of the situation was unavoidable and has rendered the particular commitment or the agreements commitments difficult to perform. This, in our view, will basically depend on the prudent steps taken by the experts in reacting to the Pandemic and whether such measures would render the presentation of the obligation(s) outlandish; and to what degree. The Agreements to enter into arbitration for dispute resolution, like any other agreements, are dependent upon the force majeure rule and might be ended by the activity of law should a force majeure occasion makes the performance of the contract or agreement impossible to perform. In such manner, Article 8.1 of the UAE Federal Law no. 6 of 2018 on Arbitration (UAE Arbitration Law) which allows the court authorities to reject a case (which shall be subject to arbitration as per the agreement) or application filed by a defendant, unless the agreement for arbitration is void or impossible to perform. It shows up from the wording of Article 8.1 of the UAE Arbitration Law that arbitration agreement wont just be ended by operation of law if there should be an occurrence of a force majeure occasion (which is unforeseeable and brings about outright difficulty) yet in addition if there should be any occasion which renders the exhibition of the arbitration proceedings outlandish whether such occasion is unforeseeable or not.
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Tax Enforcement Laws in UAE During Covid-19

Multiple measures have been taken by the government of UAE to impede the impact of corona virus in health and economic altogether. The UAE Federal Government has declared certain nationwide improvement or preventive measures, notwithstanding measures taken by the individual Emirates of Abu Dhabi and Dubai to help their particular Emirates. For instance, the government has issued Cabinet Resolution 17 of the year 2020 obliging all individuals and companies to adhere with the preventive and health measures issued by the regulatory authorities for combatting COVID-19. Importantly, anyone failing to comply with such provisions shall be exposed to all criminal penalties which may include imprisonment or fine which will be decided by the Attorney General of the country. Commercial Lawyers of Dubai have been witnessing the grants and relaxation issued by the government for the companies and small scale industry to curb the severe impact of corona virus on the economy. TAX relation for companies In furtherance, the present article discuss about the grants issued by the government with regards to the taxation or custom duties imposed. UAE do not impose corporate or income tax on the individuals or the companies, however, very recently indirect taxes were imposed on all residents of UAE be it a natural or a legal person. Wherein, VAT (Value Added Tax) is one of the indirect tax and other custom duties and the government of Dubai has issued a regulation for refund of 20% custom duty on imports of goods sold within the country. Furthermore, the government has removed the obligation of submitting bank guarantees for clearing goods for customs brokers and has ordered for refunding the prevailing bank guarantees for such companies. Apart from Dubai, the government of Sharjah has exempted shipping clearance companies to submit bank guarantees for conducting their activities as of 01 April 2020. The Federal Tax Authority has reported a one month expansion to the assessment time frame for Excise charge purposes. The period beginning 1 March 2020 has been stretched out to 30 April 2020 (covering both March and April 2020) to permit enrolled organizations extra an ideal opportunity to satisfy their assessment commitments before the all-encompassing cutoff time. Moreover, the Federal Tax Authority has offered one month extension for submitting tax return monthly or quarterly. In addition, UAE government do not impose any other sorts of taxes on companies or even on individuals. Apart from the taxation reliefs, the UAE central bank has issued further benefits for small and medium sized enterprises such as loans on zero interest rate, lower interest on real estate loans, and reduction in bank fees for credit cards. In the Emirate of Dubai, residents are enjoying 50% reduction in municipality fees paid by hotel industry, reduction in DEWA bills, and reduction in other governmental charges.
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Can Employees Return To Work In Dubai?

If you are reading this article written by Employment Lawyers of Dubai, we presume you are most probably an employer who is willing to re-open his facility to get things started again, during the pandemic. The government has already relaxed the lockdown rules for all sectors allowing the employees to get back to work, yet there are several measures employers must consider prior to allowing employees to work in the premises to prevent any sickness. The UAE Government has given directions which urges managers to receive explicit measures to battle the spread of COVID-19 in accordance with the accompanying key standards such as observing the health of the employees on regular basis, finding a way to limit the danger of COVID-19 spreading inside the workplace work environment; and immediately assisting or providing medical health to the employee showing symptoms. In furtherance, the government of Dubai has confirmed that the all the private companies will start normal work from 03 June 2020 with 100% staff members, however, the UAE Government rules dont explicitly address the planning of representatives timing to the workplace. From a functional point of view, and keeping in mind that tending to business necessities, managers are urged to be compassionate to singular representatives very own conditions the same number of aspects of individual life are not yet completely helpful for carrying on with an ordinary office work-life balance. For instance, workers who have childcare obligations are probably going to be worried by coming back to the workplace, given that UAE schools will keep up online separation learning until the finish of the present scholastic year in July. In such cases, and relying upon the sort of work performed, representatives may really be increasingly profitable and connected with if remote working courses of action are kept up. Apart from the foregoing details, the circular highlights certain steps that shall be taken by the employer daily or on regular basis to ensure health and safety of all employees, which are as follows: * Give mask and gloves which are routinely changed.
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Remote Attestation Amidst Covid-19 in UAE

As the business effect of the COVID-19 emergency mounts, pioneers in each industry are moving desperately to secure workers and companys flexibility. Governments are preparing to shield residents and deal with the monetary aftermath. Prompt action is inevitable, however governments should likewise grasp another plan one pointed solidly at what comes afterwards. Presently like never before, business and government have an essential task to carry out in ensuring individuals wellbeing, reinforcing the economy, and creating both practical arrangements and game-evolving developments. Most government services have either shifted to online platform or has been closed for a while now. Having said that, top lawyers of Dubai will discuss the new rules in reference to the attestation procedure amidst the pandemic situation in the country. The COVID-19 pandemic has left numerous organizations incapable to approach playing out their ordinary everyday activities. With individuals stuck at home, workplaces secured, and limitations on worldwide travel set up, many have discovered troubles in guaranteeing that their work endures the pandemic. Attestation of documents is fundamental for any business so as to maintain a strategic distance from extortion and to guarantee legitimate execution. The UAE keeps on flourishing in keeping up a stable economy by doing all that it can to guarantee that organizations dont face the difficulties that come as a consequences of the current circumstances.
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Your Attested Marriage Certificate Might Not Be Valid In UAE Courts

The foregoing statement can be witnessed in different judgments issued by the courts of UAE in divorce cases of foreign residents filed before the courts of UAE, wherein one of such judgments will be discussed in this article by Family Lawyers of Dubai. The Legal Structure Marriage is a contract that legalize the enjoyment between the husband and wife; its objective is to protect and to form a steady family under the care of the husband and ensuring the spouse the assumptions of affection and compassion as mentioned in Article 19 of the Law. Nevertheless, as mentioned above, the Family Law lays down certain prerequisites for to prove the occurrence of any marriage solemnized within or outside the country. This is in accordance with Article 27 of the Law which primarily states that Marriage shall be officially recorded, but in consideration of a specific fact, it can be proved by other means admitted by Law of Sharia. Case Excerpt The afore-mentioned statement was well explained by Dubai Personal Status Court under case number 1032/2017 wherein the plaintiff (husband) registered a divorce case against the defendant (wife) by submitting the Marriage Certificate attested by notary public of New York as the marriage was consummated in USA. The Plaintiff confirmed that the marriage was made in accordance with the American law and considering the defendant is a Christian, her guardian did not attend the marriage ceremony (as not required in American Law) and the dowry was never discussed. The plaintiff asserted that defendant is not obedient and initiates fights on the grounds of different religion and thus requested annulment of marriage. The parties since failed to amicably resolve the dispute before Family Guidance Committee, the matter was registered before Personal Status Court, wherein the Defendant submitted her defense stating that the Courts of UAE are incompetent to issue a judgment on the concerned case.
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Corporate Solutions For Businesses In Covid19 Situation

The COVID-19 pandemic is certainly a revelation to all organizations and the economy per se. As the circumstance changes quickly, it is basic for organizations to design their alleviation techniques, and guarantee they have a working model set up to guarantee business congruity. This has additionally constrained organizations to investigate reshaping their working models, including gracefully anchors to relieve chances and guarantee business congruity. Commercial Lawyers of UAE are here again to suggest some measures or corporate solutions for businesses registered in UAE to cope up with situation caused by COVID-19. Therefore, all visible or unforeseen threats that coronavirus brings, requires immediate and proactive measures, just as ceaseless observing of the circumstances turn of events. For that to occur, each organization must, most importantly, recognize and comprehend potential hazard inclined zones, and set clear needs that will be converted into a point by point and coordinated reaction methodology. As each organization faces various difficulties and every segment is affected in different manners, it is apparent that a typical system to address the coronavirus doesnt exist. There are, nonetheless, some fundamental advances that all organizations can follow, so as to build up a dependable emergency reaction system. Having said that, numerous organizations have had the option to change to some type of on the web or remote working within a staggeringly short space of time. This isnt generally an issue of organizations being solid and steady for a COVID-19 sort of situation yet, increasingly an impression of late technical progressions and way of life patterns (prominence of online business, adaptable working approaches). Arguably, the opportunity to access business opportunities through internet is a blessing in disguise. In addition, most companies should focus on ways to curb the damage caused by coronavirus and can follow several steps as highlighted below: Building an emergency supervisory group of key management staff for decision making, not restricted uniquely to the organizations initiative, yet in addition including agents from at any rate the technique, activities, HR, correspondences and corporate issues capacities. This group ought to be enabled to settle on and execute decisions rapidly; Quickly attending to the requirement for the most extreme security of representatives or employees of the company such as cleanliness, remote working, travel freeze, maintaining a strategic distance from social events, and so forth. Individuals are an organizations most significant resource and their assurance ought to be need number one. In furtherance, as per the rules and regulations issued by Government of UAE, the companies shall restrict the staff working in the office to a maximum of 30% of the total strength as a necessary measure for protecting the employees;
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The Law Protecting Consumers in UAE

The availability of the web is expanding quickly these days, permitting the decision of a huge number of online international consumer agreements. Most national enactments took care of customer assurance and web contracts locally, as various countries have their own laws and guidelines in such manner. Be that as it may, there is no security accommodated online shoppers all around the world. Accordingly, consumers are in pressing requirement for security right now where online transactions are already a big hit. Among other countries, UAE has issued laws in order to protect the interest of consumers in the country, which is explained by Commercial Lawyers of Dubai in this article. Federal Law no. 24 of 2006 with respect to Consumer Protection (the Law) was declared to ensure client's trustworthiness in the market and to keep up just and fair relationship between customer and retailer. The Law portrays the rights and commitments of the consumer while securing any merchandise/administrations and along these lines features the measures to scrimmage relationship. UAE Bureau of Ministers has at the same time issued Cabinet of Ministers Resolution 12 of 2007 as a Law. The Federal Authority has classified the Law into two distinct levels that are the Federal and the State level. Wherein, the Federal Authorities and its organizations follow with the Federal Law of UAE and the Local establishments and specialists stick to the laws proclaimed at explicit Emirate Level. Besides, the security conceded under the Law is either lawful or authoritative. Before the initiation of the Law, the connection between the consumer and the retailer was administered by the arrangements of Civil or Criminal Law of the state.
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UAE Arbitration Institutes on Outbreak of Coronavirus

Impact of COVID-19 has the left the world speechless, yet every country and its major organizations are coping with the pandemic to ensure the flow of economy and maintaining the importance of prevailing circumstances, while being quarantined. As legal consultants in Dubai, we are witnessing extreme steps taken by courts of UAE and arbitration institutes for ongoing and new cases. Wherein, we have already discussed about the steps taken by the courts of UAE and in this article we will be discussing about the measures undertaken by arbitration institutes in UAE by utilizing advanced technological methods to conduct the arbitration proceedings. As confirmed by arbitration lawyers of Dubai, all major arbitration institutes are currently working and are administering all arbitration proceedings through an online portal, which can be advised by your legal representative handling your arbitration case. In furtherance, the article majorly discuss about the conventional methods adopted by most arbitration institutes for managing the cases. On 26 March 2020, Dubai International Arbitration Centre (DIAC) announced on their website confirming the submissions of new arbitration proceedings through the website and submission of documents in ongoing arbitration cases only through emails to the case manager so appointed in the matter. To be precise the authority has confirmed managing cases, however, only via emails or by website portal. Similarly, the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) is also completely in operation and is reachable through their website or call center. With regards to the arbitration institutes in the major free zones that Dubai International Financial Centre- London Court of International Arbitration (DIFC-LCIA), the authority has recently confirmed it operation, however, only through telephonic calls and emails. In all cases, either new or existing or waiting for an arbitration award, the party may approach DIFC-LCIA through their portal or the contact details provided to seek an update or may approach their legal representatives for submitting documents or for filling a new arbitration case.
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