Joint Ventures with Passive Investors
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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...

Delaware Corporation
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Delaware Corporation

A Joint Venture typically involves the incorporation of a company to act as the JV vehicle. Recently we are seeing interest and curiosity from the UAE’s investment sector players in the structure of limited partnerships (akin to Delaware Corporation). ADGM is proving to be an invaluable platform for regional businesses who can now utilise a...

COVID-19: the Force Majeure ‘Cause’​
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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...

Payment Diversion Fraud
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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...

Keys for Employee Fraud Investigation
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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...

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

Significance of the Seat of Arbitration
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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...

Maritime Focus
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Maritime Focus

FTA banned vessels from entering its waters as a backlash for shipowner’s repeated abandonment of the seafarers. The maritime industry faces The UAE Federal Transport Authority banned fourteen ships from entering its waters as a backlash for shipowner’s repeated abandonment of the seafarers. Abandonment seafarers is a deeply concerning issue in the maritime industry. It...