Legal Advice

Joint Ventures with Passive Investors

This is about non-institutional investors dealing directly with businesses to finance their development and capital growth plans. Where do they stand? They need an answer. Are they lenders? Investors? Co-owners? Can they ever be true partners? It depends. We have seen sufficient transactions to know the different factors on which the answer depends. Therefore, answers must be provided. There are variants but the logic of the deal is the same. A basic structure designed for the logic of the deal…

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COVID-19: the Force Majeure ‘Cause’​

What is the Force Majeure Event? COVID-19 or its transformation into a pandemic? It is also worth pointing out that parties must be careful as to what they plead to be the force majeure event. A claim that the COVID-19 or Coronavirus itself is the force majeure event which prevented the performance of the contract is vastly distinguishable from a claim that the transformation of COVID-19 into a pandemic is the force majeure event which prevented performance. Force Majeure is…

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Payment Diversion Fraud

Part 1 of 2 Setting the Scene Your finance department receives an email, or worse you receive a legal notice that you have an outstanding liability for the payment of invoices. The sender claims that invoices are way past the due dates and remain unpaid. Upon a quick check with your finance department, “the payment has already been made”. What is the law? Whose fault is it? Who is liable? Is the contractual liability discharged or dissolved? Does it even matter?…

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Keys for Employee Fraud Investigation

EMAIL SCAM FRAUD 101 There are many pressing issues to be addressed. Do not change your passwords in panic. Do not delete the very data or information that will lead you to the hacker, do not block your hacker out, just yet. Headers expire within 72 hours. Cyber Insurance is inaccessible without an immediate forensic investigation. Should you inform your clients? Most likely. Should you investigate the crime before erasing its existence in haste of protecting your systems? Incident Response…

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Criminal sanctions against arbitrators: policy issues, practical application and proving lack of impartiality and integrity

(This article is republished from Linkedin, originally posted on 8 January 2017.) The UAE has been thriving as a regional arbitration hub, perhaps until now. We saw the inception and success of the Dubai International Arbitration Centre (‘DIAC’); establishment of the DIFC-LCIA in the DIFC; and as recently as last month the launch of the Emirates Maritime Arbitration Centre (EMAC). Must we say DIAC is also set to open a branch in the DIFC. Amidst the above developments has come…

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Significance of the Seat of Arbitration

The place of arbitration or the arbitral seat comes with its lex arbitri, i.e.the ‘law which governs the arbitration and by the standards of which the validity of the arbitral proceedings and the ensuing awards are evaluated’. The selection of the seat determines inter alia: whether the arbitral award will be considered foreign in the place of enforcement and thus will be subject to enforcement procedures applicable to foreign judgments or the New York Convention in case of enforcement in a member state; the mandatory provisions of national…

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Human Rights and Business

A subpoena is a writ issued by a court or other governmental agency having the appropriate authority. A subpoena, which means under penalty…

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