Unregistered commercial agency: judgement upholds jurisdiction of federal courts to hear disputes

Article Abstract:

The United Arab Emirates Federal Supreme Court determined that it had jurisdiction over an unregistered commercial agency despite a foreign arbitration clause and Article 3 of the Commercial Agencies Law. This decision shows an opposition to foreign choice of forum clauses and indicates that jurisdiction may be asserted over other similar disputes where a commercial agency is involved regardless of the status of registration under a public policy theory. The agency in question registered only after the agreement was to be terminated and was then deregistered.

Cases, Jurisdiction (International law)

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New U.A.E. Federal Code on criminal procedure

Article Abstract:

The United Arab Emirates' new Federal Criminal Procedure Code became effective on Sep 29, 1992 under Federal Law No 35 of 1992. The Code spells out procedural requirements for investigations, indictments, trials, judgments and appellate reviews. All previous procedures not in harmony with the new Code were voided. The Code will prevent the capricious use of procedure by specifying rules for arrests, searches, right to counsel, proof of guilt, trial by judge and statute of limitations.

Criminal procedure

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Enforcement of judgments, anti-Tasattur regulations, uniform companies law

Article Abstract:

A draft treaty was recently approved by the Federal Cabinet in the United Arab Emirates providing for the mutual enforcement of judgments and judicial cooperation among the Gulf Cooperation Council (GCC) member countries. This would be the second multilateral treaty for the enforcement of foreign judgments if it is ratified. Judgments by the courts of GCC member states in civil, commercial, administrative and personal status issues will be enforceable in the other GCC countries.

Interpretation and construction, Commercial law, Gulf Cooperation Council, Judgments, Foreign, Foreign judgments

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