On 18 April 2024, the Ruler of Dubai established the “Judicial Authority for Resolving Jurisdictional Conflicts between the DIFC Courts and the Judicial Bodies in the Emirate of Dubai” (New Judicial Authority). This new body,...more
The Saudi Center for Commercial Arbitration (“SCCA”) announced on 1 May 2023 the publication of its revised SCCA Arbitration Rules (the “2023 Rules”). This follows the SCCA’s announcement in November 2022 of i) the formation...more
The Civil Procedure Law (Federal Law No. 42 of 2022) came into force on 2 January 2023 (“New CP Law”) and ushered in several fundamental changes to the UAE Civil Procedure, including (without limitation) in relation to: (i)...more
In conjunction with the Ministry of Justice of the Kingdom of Saudi Arabia (“KSA”), the Saudi Centre for Commercial Arbitration (“SCCA”) conducted a study into KSA legislation and confirmed that parties to Saudi arbitration...more
On 25 February 2022, the board of directors of the Dubai International Arbitration Centre (“DIAC”) approved the new DIAC Arbitration Rules (the “2022 Rules”). The DIAC Rules, which were published on 2 March 2022, will come...more
DIAC is the Designated Replacement -
On 14 September 2021, Dubai’s Ruler Sheikh Mohammed bin Rashid Al Maktoum issued Decree No. 34 of 2021 (the “Decree”). The Decree, which took effect on 20 September 2021 and has taken...more
A clear message to parties that arbitration agreements providing for a DIFC seat must be respected
In a landmark decision handed down by His Excellency Justice Shamlan Al Sawalehi in Multiplex Constructions LLC v Elemec...more
NMC Health plc (NMC Health) made news around the globe in December 2019 when it was the subject of a Muddy Waters report which alleged various bad acts had been carried out by the company. NMC Health was subsequently placed...more
10/15/2020
/ Abu Dhabi Global Markets (ADGM) ,
Coronavirus/COVID-19 ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Insolvency ,
Liquidation ,
London Stock Exchange ,
Popular ,
Receivership ,
UK ,
United Arab Emirates (UAE)
Following the World Health Organisation’s declaration of a pandemic, governments around the world are implementing strict measures to manage the spread and implications of coronavirus (Covid-19). With employees advised to...more
The impact of the coronavirus outbreak, now officially named “Covid-19”, on businesses in the Middle East is already being felt; the recent G20 summit hosted in Riyadh, Saudi Arabia discussed economic consequences, government...more
3/3/2020
/ Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Infectious Diseases ,
Notice Requirements ,
Preservation of Rights ,
Public Health ,
Recordkeeping Requirements ,
Risk Mitigation ,
Supply Chain
Party A (contractor) entered into a construction contract (the EPC Contract) with Party B (employer).
Party B made an advance payment under the EPC Contract and Party A procured an Advance Payment Bond (the Bond) from a...more
Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM -
We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more
10/14/2019
/ Arbitration ,
CFIUS ,
Climate Change ,
DIFC ,
Energy Policy ,
Energy Sector ,
Energy Summit ,
Foreign Investment ,
Human Rights ,
Oil & Gas ,
Project Finance
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) has ruled that federal courts in the United States may order parties to produce documents and testimony in support of private commercial arbitrations...more
FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes -
On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more
4/18/2018
/ Aluminum Sales ,
Arbitration Agreements ,
Bilateral Investment Treaties ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
EU ,
FERC ,
Income Taxes ,
Infrastructure ,
Member State ,
NAFTA ,
Section 232 ,
Steel Industry ,
Tariffs ,
Tax Reform ,
Trump Administration
In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more
Good news at last for the development of offshore wind projects in France -
While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more
3/14/2018
/ Arbitration ,
Canada ,
Clean Water Act ,
Construction Industry ,
Duty of Care ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
France ,
Groundwater ,
Offshore Wind ,
Pipelines ,
Subsidiaries ,
UK ,
Wind Power
In a decision likely to give comfort to parent energy companies, the English Court of Appeal has confirmed (by a majority of 2:1) that the parent company of the Shell Group owed no duty of care to approximately 42,500...more
In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more
The Shorter Trials Scheme—a time-sensitive case management process for quicker and less costly access to justice—was introduced in September 2015 for cases in the commercial, technology and construction courts, the chancery...more