Insights

The UAE has introduced a transformative maritime legal framework with Federal Decree-Law No. 43 of 2023, effective as of March 29, 2024. This landmark legislation modernises maritime law, replacing Federal Law No. 26 of 1981. Among the critical areas addressed by the law are vessel ownership disputes, which have often been fraught with legal and procedural complexities. By aligning with international standards, the UAE aims to provide greater clarity and equity when resolving such disputes.

Horizons & Co. Law Firm is honoured to have won this prestigious award, which recognises the market-leading position of our real estate and construction teams – two core sectors for our firm.

This article explores the significance of guarantees under UAE law, their relationship with debt novation, and the implications of re-domiciling companies from mainland UAE to financial free zones like ADGM (Abu Dhabi Global Market) and DIFC (Dubai International Financial Centre).

On Wednesday 13 November 2024, Horizons & Co Law Firm, one of the UAE’s longest-standing and most prominent Emirati-founded law firms, celebrated its 25th anniversary at the iconic Dubai Opera.

As part of Dubai Arbitration Week, ICC YAAF is holding an event exploring effective advocacy in international Arbitration, to be helf at White & Case LLP’s offices in IDC Brookfield.

As part of Dubai Arbitration Week, Gatehouse Chambers is holding their breakfast event at Horizons & Co.’s offices in Dubai.

As part of Dubai Arbitration Week, EPAM Law Offices is their event at Horizons & Co.’s offices in Dubai.

As part of Dubai Arbitration Week, Rybalkin, Gortsunyan, Dyakin and Partners law firm (RGD) is holding their event at Horizons & Co.’s offcies in Dubai.

As part of Dubai Arbitration Week, Horizons & Co. Law Firm and Herbert Smith Freehills are co-hosting an unique speed networking event at the Waldorf Astoria, DIFC.

As part of Dubai Arbitration Week, arbitrateAD, the Abu Dhabi International Arbitration Center is holding their event at Horizons & Co.’s offices in Dubai.

By accrediting pro bono work as a recognised CLPD activity, the Dubai Authorities demonstrate their commitment to both community welfare and professional excellence within the legal sector. Effective for the 2024 and 2025 filing periods, this Resolution not only allows Legal Consultants to meet their CLPD requirements through service to the public but also enhances access to legal resources for communities across the Emirate.

Market-leading UAE law firm Horizons & Co is proud to have been awarded “Best Law Firm” by our long-term key client LEOS International.

Horizons & Co.’s Managing Partner Ali Al Zarooni has been invited to contribute to an event hosted by Level Legal as part of HK Arbitration Week.

On 15th October 2024, the Dubai Court of Cassation delivered a landmark decision in Cassation No. 606-2024, shedding light on several important principles of arbitration. This ruling is particularly noteworthy in the context of recent amendments to the UAE Federal Arbitration Law, offering critical clarifications on key procedural matters. Below, we outline the key takeaways from this ruling.

EER Middle East and Gateley Legal are hosting a half day networking event to explore the differences between employment disputes in onshore UAE and DIFC and discuss the latest trends and regulatory developments impacting this area.

The Construction Week Leaders in Construction UAE Summit will convene industry titans, visionaries, and innovators to explore significant developments in the UAE construction landscape.

Corporate migration is a process whereby a corporate entity incorporated in one jurisdiction, migrates to another jurisdiction. The corporate entity will cease to exist in the jurisdiction it currently exists under and becomes governed by the laws of the jurisdiction it is migrating to.

The Russian Arbition Center, Horizons & Co. Law Firm and Monckton Chambers are hosting a breakfast event to explore some of the misconceptions and biases around dispute resolution in the Middle East and address questions posed by the audience.

Extradition is a formal process where one country requests the transfer of an individual from another country to face criminal charges or serve a sentence. In the United Arab Emirates (UAE), extradition is governed by both national legislation and international agreements. This article takes more nuanced look at how extradition works within the UAE legal framework, including the relevant laws, procedures, and the country's approach to international cooperation.

On 29 July the UAE government announced amendments to the country’s labour law. The new amendments are part of Federal Decree-Law No. 9 of 2024 and come into effect from 31 August 2024.

Horizons & Co and DSA formally announce their collaboration with a law firm in Oman to bolster its regional network and services.

Horizons & Co. Law Firm LLC (Horizons & Co.) and Dr. Saif Al Rawahi Advocates, Advisors, and Corporate Consultants (DSA) are pleased to announce that they have signed a non-exclusive collaboration agreement. The agreement was signed on Friday 26 July in an official ceremony at Horizons & Co.’s offices in Dubai by Founders and Managing Partners, Adv. Ali Al Zarooni of Horizons & Co. and Dr. Saif Al Rawahi of DSA, with Senior Management and other members of both firms also present.

يسر مكتب الآفاق ومشاركوه للمحاماة ذ.م.م ومكتب الدكتور سيف الرواحي محامون ومستشارون قانونيون أن يعلنا عن توقيع اتفاقية تعاون غير حصرية، حيث تم التوقيع على الاتفاقية يوم الجمعة 26 يوليو 2024 في حفل رسمي بمقر مكتب الآفاق ومشاركوه للمحاماة في دبي من قبل المؤسسين والشركاء الإداريين، بحضور المحامي الأستاذ/ علي الزرعوني من "مكتب الآفاق ومشاركوه للمحاماة ذ.م.م" و الدكتور سيف الرواحي من "مكتب الدكتور سيف الرواحي محامون ومستشارون قانونيون" بحضور الإدارة العليا وأعضاء آخرين من كلا الشركتين.

The latest judgment of the General Authority of the Cassation Court in Dubai has mandated that the court must supervise trial judges' discretion in assessing and reducing penalties in public fund crimes.

تقدم المكتب الفني لمحكمة التمييز بمذكرة لرئيس المحكمة لإعادة النظر في سلطة محكمة التمييز في مراقبة قاضي الموضوع في تقدير العقوبة و النزول بها في جرائم الاموال العامة وفقا للتالي بيانه

In Dubai Court of Cassation Commercial Appeal 1514 of 2022, the Dubai Courts have stated that matters of compliance with preconditions to arbitration are matters of admissibility rather than jurisdiction, in a move which seeks to address the imbalance between parties going to arbitration, and should increase access to timely and cost-effective dispute resolution.

وفقَ الاستراتيجية التي يضعها مكتب الآفاق ومشاركوه  للمحاماة يسره أن يعلن عن شراكة نموذجية مع مجموعة دبي التجارية لمصممي الذهب والمجوهرات، وهي المنظمة الغير ربحية  والتي تم تأسيسها بمبادرة من غرفة تجارة دبي بغية دعم وتمكين صناع ومصممي المجوهرات وتنشيط قطاع المجوهرات من قلب دبي ليكون المَعْلَم المتألق في عالم الإبداع والذي انفردت به دبي كونها عاصمة الإبداع عالمياً بلا منافس.

In line with Horizons & Co. Law Firm’s strategy, we are pleased to announce a significant partnership with the Dubai Business Group for Gold and Jewelry Designers a non-profit organisation established under the initiative of the Dubai Chamber of Commerce. This initiative aims to support and empower jewelry designers in UAE, enhancing and elevating the local jewelry sector to a global landmark of creativity, solidifying Dubai's unique status as the world's creative capital.

Horizons & Co. is extremely proud to announce that our Founder and Managing Partner Ali Al Zarooni has won the prestigious and inaugural “Expert of the Year” at the Lexis Nexis Middle East Awards. Furthermore, the firm achieved honourable mention in the "Case of the Year" category in relation to the Firm's role in the high-profile Dubai Islamic Bank v. Arabtec Construction LLC matter.

On the 23 February 2024, the United Arab Emirates was de-listed from the Financial Action Task Force (FATF) ‘grey list’ after its inclusion in March of 2022. The UAE had committed to rapidly resolving the identified strategic deficiencies within the designated period of increased monitoring by FATF, which followed its 2022 decision. The country’s commitment in recent years to enhancing the UAE’s financial and legal framework has resulted in a changing compliance landscape, with implications for not only those operating within the UAE, but also for the broader international investment community.

Leading UAE Dispute Resolution firm Horizons & Co. is delighted to announce that Paul Blakeway has joined the firm’s Arbitration practice as a Senior Counsel.

Federal Decree-Law No. 38/2022 On the Issuance of the Criminal Procedure Law came into force on 1 March 2023. This law abrogated Federal Law No. 35/1992 Concerning the Criminal Procedural Law and Federal Law No. 5/2017 On the Use of Telecommunications in Criminal Proceedings, which addressed the use of remote communication technology in criminal procedures. Federal Decree-Law No. 38/2022 introduced a raft of new, significant amendments which highlights the UAE’s on-going commitment to modernising its legal framework.

As part of Riyadh International Disputes Week (RIDW), Horizons & Co. and BCLP hosted a discussion on the evolving real estate and construction dispute resolution landscape in the Kingdom of Saudi Arabia and wider region.

Horizons & Co. is proud to announce that it won the prestigious Chambers and Partners award for UAE Domestic Dispute Resolution Firm of the Year.

On January 25, 2024, a landmark decision was issued by the Dubai Court of Cassation, influencing the UAE’s legal landscape on enforcing English Court judgments. In Case No. 592 of 2023, the Court enforced an English judgment, citing compliance with Article 222 of the Civil Procedure Code (CPC).

In a recent ruling (cassation No. 1250 of 2023 Commercial) issued by the Federal Supreme Court of the United Arab Emirates, the court addressed a complex legal dispute involving contractual disagreements among multiple business entities. This significant ruling provides valuable insights into the intricate domain of commercial law and the precise application of legal principles within the UAE.

Horizons & Co. Law Firm is extremely proud to have achieved new and further improved rankings in the Chambers and Partners' Global guide for 2024.

On 20 December 2023, the Abu Dhabi Chamber of Commerce and Industry announced the Abu Dhabi International Arbitration Centre (presented as “arbitrateAD”). This new international arbitration centre replaces the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”) from 1 February 2024.

In light of our follow-up on the latest legal developments and principles established by the state courts, the General Authority of the Dubai Court of Cassation issued four decisions on important issues that were contentious among different court circuits.

This article will explore the Abu Dhabi cassation court judgment regarding the authority of the court of appeal to modify the judgment when considering an appeal in the consultation chamber.

في     ضوء متابعتنا لاخر التطورات القانونية والمباديء التي أقرتها محاكم الدولة فقد أصدرت الهيئة العامة لمحكمة التمييز بدبي 4 قرارات في مسائل هامة كانت محل خلاف بين دوائر المحكمة المختلفة وعليه فقد قررت المحكمة التالي

The Dubai Court of Cassation recently issued a significant judgment in a cassation submitted by one of the appointed expert committees, which has garnered significant attention within the legal community. The Dubai Court of First Instance had initially rejected a compensation claim against the expert committee. However, the Dubai Court of Appeal overturned the decision, holding the committee liable for compensation due to serious errors that caused substantial damages to the plaintiff.

أقرت محكمة النقض بأبوظبي مبدأ هام فيما يتعلق بمدى سلطة محكمة الاستئناف في تعديل الحكم المستأنف أثناء نظر الاستئناف ـ في غرفة مشورة ـ حيث أكدت على أن سلطة محكمة الإستئناف تقتصر فقط على القضاء بعدم جواز الإستئناف أو عدم القبول أو السقوط أو بتأييد الحكم أو القرار المستأنف، وذلك

The Abu Dhabi Court of Cassation established a crucial principle regarding the extent of the Appellate Court's authority in amending the appealed judgment during the appellate proceedings, in the advisory chamber. It affirmed that the authority of the Appellate Court is limited solely to either rejecting the appeal, refusing it, affirming the judgment or decision under appeal, or declaring its lapse.

سبق لمكتبنا وأن تقدم لمحكمة النقض بأبوظبي، بطلب رجوع عن حكم جزائي صادر عنها في دعوى جزائية إعمالاً لنص المادة الاولى فقرة ( 5) من قانون الإجراءات الجزائية، والتي أكدت على سريان قانون الإجراءات المدنية على ما لم يرد بشأنه نص خاص في قانون الإجراءات الجزائية، مما مؤداه جواز تطبيق نص المادة (190) من قانون الإجراءات المدنية على الأحكام الجزائية الباتة والتي أجازت لمحكمة النقض الرجوع عن قرارها الصادر في غرفة أو حكمها البات في حال توافر أي من الحالات الواردة حصراً في تلك المادة ، وقد قررت محكمة النقض قبول الطلب شكلاً وفي الموضوع بالرجوع عن الحكم محل الطلب، مما مفاده جواز الرجوع عن الأحكام الجزائية الباتة الصادرة من محكمة النقض.

Our office has previously applied to the Abu Dhabi Court of Cassation to reconsider a criminal judgment issued by it in a criminal case, invoking the provisions of Article 1, paragraph (5) of the Criminal Procedure Code. This article affirms the applicability of the Civil Procedure Code unless there is a specific provision in the Criminal Procedure Code. Consequently, this allows for the application of Article 190 of the Civil Procedure Code to final criminal judgments, permitting the Court of Cassation to reconsider its decision issued in a chamber or its final ruling if any of the conditions exclusively outlined in that article are met. The Court of Cassation decided to accept the request both procedurally and substantively, allowing the reconsideration of the judgment in question. This implies the permissibility of reconsidering final criminal judgments issued by the Court of Cassation.

Federal Decree-Law No. 38 of 2022 on Criminal Procedure in the UAE (the “New Law”) came into force on 1 March 2023. This law revoked the Federal Law No. 35 of 1992 promulgating the Law of Criminal Procedure, and Federal Law No. 5 of 2017, which addressed the use of remote communication technology in criminal procedures.

On 10 October 2023, the UAE Cabinet issued Cabinet Decision No 96/2023 (the Decision) in which it announced the introduction of a voluntary alternative scheme relating to end of service (EOS) benefits for non-GCC national employees (the New Scheme).

في أحدث قضاء لمحكمة التمييز بدبي، قضت بقبول طلب مقدم من العامل المدعي، بالرجوع عن حكم تمييز لمخالفته للمبادئ القانونية المستقر عليها، سندا لنص المادة 190 من قانون الاجراءات المدنية ، والتي اعطت الحق للمحكمة الرجوع عن قرارها الصادر في غرفة المشورة او حكمها البات سواء من تلقاء نفسها او بناء على طلب من الصادر ضده القرار او الحكم في حالات محددة ذكرتها تلك المادة على سبيل الحصر .

In the Dubai Court of Cassation’s latest rendered judgment, the court ruled it feasible to accept a request submitted by the plaintiff – an employee – to overturn a cassation judgment for that violated established legal principles, in accordance with Article 190 of the Civil Procedure Law. This article empowers the court, under specific circumstances, to reconsider decisions issued in the court's consultation chamber or binding judgments, either at the court's discretion or in response to a request from the aggrieved party.

On October 31, 2023, the UAE published the new Federal Law Decree No. 51 of 2023 on Financial Restructuring and Bankruptcy (“New Law”) in the Federal Gazette, effective from May 1, 2024. This law supersedes the 2016 Bankruptcy Law, but existing regulations will remain until new ones are introduced.

A new UAE Bankruptcy Law has been issued, which contains several new provisions to maintain the vitality of the national economy, preserve creditors' rights, and assist debtors in settling their debts to prevent declaring bankruptcy, if possible.

In 2016, the United Arab Emirates (UAE) witnessed significant development in the country’s legal framework for handling corporate insolvencies with the introduction of the Federal Decree-Law No. 9/2016 on Bankruptcy (“Bankruptcy Law”).

On 25 August 2023, United Nations experts focusing on human rights, environment, and climate change published a communication addressed to Saudi Aramco as well as their financiers and their respective home countries (Saudi Arabia, the United Kingdom, the United States, Japan, and France) where they “express [their] most serious concern regarding the adverse impacts on human rights caused by activities such as the exploitation of fossil fuels which contribute to climate change,” and request further information and comments regarding certain allegations made in a complaint filed in September 2021 by an activist group.

The UAE has recently promulgated Federal Law No. 15 of 2023, which amended Articles 10, 23, 28, and 33 of the Federal No. 6 of 2018 (the “Amendments”). The changes aim to provide efficiency and flexibility to arbitration proceedings seated in the UAE.

Dubai: If you find out that you had been reported as ‘absconding’, what are the steps you can take to clear your records? A Gulf News reader wrote in after he found out that his employer had filed a case against him with the authorities.

Leading UAE Dispute Resolution firm Horizons & Co. is delighted to announce that Bridget Butler has joined the firm as a Litigation Partner. Bridget is a highly accomplished and experienced England and Wales qualified lawyer with expertise in leading private practices in both the UK and Middle East, as well as senior in-house roles at major GCC companies.

Horizons & Co. is delighted to announce their achievement on the prestigious case regarding the long-running AED 1.2+ billion litigation by obtaining a Dubai Cassation Court decision. We represent the parties to a joint venture who were the contractors in relation to this complex dispute brought by the insurance company which relates to a fire at a prestigious Dubai hotel.

Leading UAE law firm Horizons & Co. (Horizons) is representing a Syndicate of 10 separate banks in bankruptcy proceedings before the Abu Dhabi Court against the KBBO group and others. The facilities are valued at several billion dollars.

As a general principal under the UAE Law of Evidence No. 35/2022, Article 2 provides that the onus of proof shall rest on the plaintiff, and the oath shall rest on the defendant. The litigation parties will only be required to produce the documents they rely on in support of their case and there is no obligation to produce adverse documents undermining their own case or documents which support the opponent’s case.

Horizons & Co. Law Firm, a leading United Arab Emirates law firm, is pleased to announce its newly signed agreement with the Russian Arab Business Council (RABC). The agreement aims to providing high-quality legal services to Russian businesses and entrepreneurs.

According to the thirteenth survey released by Queen Mary University of London (‘QMUL’), focusing on arbitration in the energy sector (the ‘Survey’), Dubai is one of the top seven seats for international arbitration along with London, Singapore, Paris, Geneva, Stockholm, and New York.

The primary source of inheritance legislation in the UAE is Sharia Law and it has been incorporated and codified into various legislative UAE Codes such as the UAE Personal Status Law 2005 and the UAE Civil Code 1985. Currently, Sharia law is applicable to the Deceased’s assets located in the UAE in the absence of the Deceased’s Will. Until now, both Muslims and non-Muslims have been subject to the same inheritance regime concerning the assets located in the UAE. However, this regime is due to change shortly to accommodate all UAE residents regardless of their religion, bringing important changes for non-Muslim expats.

As one of the most important and influential countries in the Middle East, it is no surprise that the development of the laws and regulations of the UAE have a major impact on the region. The UAE Bankruptcy Law is no exception, and it has recently been amended to bring it up to date with international standards. 

Article 409 of the Penal Code, Federal Law No.3 of 1987 (the UAE Penal Code) makes usury between natural persons (individuals) a criminal offence, with the penalty being possible imprisonment and/or a fine. The term “usury” is widely understood to mean an unreasonably high rate of interest.

The Dubai Court of Cassation recently set a new principle in relation to insolvency. The court stated that the commencement of a Debtor’s insolvency proceedings, and the liquidation of his money, would result in stopping all unilateral measures taken by ordinary Creditors, however, in cases where the Court decides to terminate insolvency proceedings and liquidate the money due to lack of funds or due to the Debtor’s proceeds being insufficient to pay the debts (wherein the insolvency proceedings shall not be applicable), the Creditors shall recover their rights to take unilateral measures against the debtor and will be able to enforce any judgment that they may have acquired, since the general purpose of insolvency is to liquidate a Debtor’s money and divide it pro rata to re-pay debts to Creditors.

On 24 October 2022, Dubai Court of First Instance declared Arabtec Holding Company bankrupt and approved the liquidation of its assets. The decision highlights the responsibilities of directors, board members and managers of all companies, and the possibility they can be held liable and accountable under UAE Laws for the mismanagement and the fallout of a company.

On 13 September 2022, the Ministry of Justice of the United Arab Emirates issued a circular to the Director General of the Dubai Courts, confirming that the Dubai Courts will enforce judgments of English Courts based on the principle of reciprocity.

In a judgment handed down on 13 September 2022, the Dubai Court of Cassation set a new principle for real estate transactions, ruling that if the property purchase process began before the announcement and application of VAT, the Purchaser must pay VAT to the Seller. If the handover was after the date that the Decree implementing VAT came into effect, the Seller would be responsible for passing this VAT to the Government.

Horizons & Co., a leading UAE dispute resolution law firm, has set a new legal precedent in successfully obtaining a judgment in the Court of Cassation to rescind a previously irrevocable judgment which dismissed the appeal by a major construction contractor and national UAE bank in a dispute relating to a large construction project in Abu Dhabi.

As it is now common knowledge, the United Arab Emirates is in the process of a legal renaissance, the first of its kind in its history and in the history of Arab countries. It has recently amended approximately 40 laws in order to keep up with the high paced development and working life of its citizens and residents. Among the laws that were amended is Federal Law No. (14) of 2020 issued on September 27, 2020, amending some provisions of Federal Law No. (18) of 1993 issuing commercial transactions, which entered into force on January 2, 2022.

Foreign award creditors wishing to enforce an arbitral award in Dubai often face a dilemma as to whether to enforce it through the courts of Dubai (the so-called onshore Dubai courts) or through the courts of the Dubai International Financial Centre (DIFC). The DIFC courts have their own jurisdiction and operate in a common law system, whereas the onshore Dubai courts are a part of a civil law system. Apart from this distinction, there are other practical differences between these two court systems when it comes to recognition and enforcement of foreign arbitral awards.

Alongside the various changes taking place in the UAE recently, the corporate world received a significant and unprecedented Presidential Decree, Federal Decree-Law No. 26 of 2020, on 23 November 2020, that has come into force on 2 January 2021, introducing wide-ranging amendments to the articles of  Federal Law No 2/2015 on Commercial Companies; 51 amendments, to be exact along with the addition of three new articles. This decree highlights that UAE shareholding will no longer be required for a mainland/onshore companies, and 100% foreign ownership will now be permitted, to a certain extent as laid out below.  In parallel with this considerable change, the Foreign Direct Investment law (2018) has now been repealed. Likewise, the provision mandating for a UAE national to be a Local Service Agent for a foreign company that has a branch in the UAE has also been annulled.

The UAE Cabinet approved the issuance of Federal Law No.18/1993 promulgating the UAE Commercial Code, ("the Resolution") to introduce significant amendments to provisions of existing commercial transactions, including modifications regarding bounced cheques. The decree-law is expected to come into force by the end of 2022.

The amendments introduced by the DIFC-LCIA Arbitration Centre in 2021 (the “2021 Rules”) introduce a number of important changes to the 2016 Rules. Some of the most relevant changes are outlined below.