Articles

The Arbitrator's Obligation to Give Respondent the Opportunity to Defend its Case

Dubai Court of Appeal overrules a decision rendered by the First instance Court ratifying an arbitral award issued by Dubai International Arbitration Centre (DIAC) - Article 216 UAE Civil Procedures Law.

Motei & Associates was instructed by the Respondent in legal proceedings before the Dubai Courts in relation to the ratification of an arbitral award issued by the Dubai International Arbitration Centre (DIAC).

Data Protection Laws in India

There is an increase in technology and e-commerce related problems with the advent in technology in the recent past. In view of the increase in cyber crimes, data stealing and with India being host to data outsourcing needs for many an effective mechanism for dealing with these crimes is required.

Unlike the EU and many other countries, India does not have any separate law which is exclusively deals with data protection. However, the courts on numeral instances have interpreted “data protection” within the ambits of “Right to Privacy” as implicit in Article 19 and 21 of the Constitution of India. 

Setting Up an E-Money Institution in Malta

With the implementation of Directive 2007/64/EC on payment services in the internal market and Directive 2009/110/EC relating to the taking up, pursuit and prudential supervision of the business of electronic money institutions, Malta is today perfectly poised as a hub for the offering of  e-money and payment services.

The setting up of Electronic Money Institutions in Malta is regulated by the Financial Institutions Act and Financial Institutions Rules.   The Financial Institutions Rules together and the Financial Institutions Act reflect the requirements imposed the Electronic Money Institutions Directive. These Rules deal specifically with the taking up, pursuit of and prudential supervision of the business of financial institutions authorised to Issue Electronic Money.

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UK Business Immigration

At Druces LLP we offer a full immigration service to UK businesses wishing to employ foreign nationals and regularly advise foreign businesses and individuals wishing to work and start a business in the United Kingdom.  We are also often instructed by private individuals and families wishing to live in the UK, with particular experience in dealing with high net worth families.

We can provide all advice relating to employers wishing to apply for a Sponsors Licence and ongoing regulatory advice. Head of our immigration practice, Graeme Kirk, acted as Chair of the Immigration & Nationality Committee of the International Bar Association from 2000 – 2004, and has become Co-Chair of the IBA Global Employment Institute in January 2016.

Midnight Arbitration Clause v. 8:00 a.m. Clause

In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.

This article covers some of the main points which the parties need to consider when drafting an arbitration clause at a main contract stage or in a separate document (‘arbitration agreement’ or ‘compromis’) whereby the parties consent to submit their dispute that has already arisen to arbitration – which in practice is almost impossible to happen after the relations break down.

 

Seat is Not the Centre of Gravity - Arbitration and Conciliation Act, 1996

The term “subject matter of arbitration” cannot be confused with “subject matter of suit”. The term “subject matter” in Section 2(1) (e) of the Indian Arbitration Act is confined to Part-I of the Arbitration and Conciliation Act.

Its purpose is to identify the courts having supervisory control over the arbitration proceedings. Hence, it refers to a court which would essentially be a court of the seat of the arbitration process. 

Incentives for Immigration

All countries encourage foreign investment, as international markets are an essential source of growth and globalization characterized by developing market integration. This has highlighted foreign investment as a domestic growth factor and helps to diversify the investment risk for national companies. Immigration policy, traditionally focused on the labor market situation, now takes into account the specific situation of the domestic labor market as well as its contribution to the economic growth of the country.

In order to attract foreign investment, many countries encourage immigration by granting residency permits to foreign nationals that culminate in citizenship in return for their investment. Those seeking to invest in a country and who wish to obtain a residency permit have several essential questions to consider.

Three Things You Need to Know in Law Right Now

Mark Ruddy and Elizabeth Cannon of the Ruddy Law Office, PLLC contributed an article to the HFMWeek US East Coast 2015 Special Report entitled “Three Things You Need to Know in Law Right Now.” 

The article highlights the three most relevant legal issues affecting hedge funds today. These issues include the Second Circuit’s decision in United States v. Newman and its affect on insider trading cases, recent data that indicates that cyber attacks are becoming far more common and pervasive, and the SEC’s proposal of new rules designed to gather and publish certain information held by investment advisers regarding their separately managed accounts.

Read the article in its entirety.

DIFC Employment Law

The Dubai International Financial Centre (the DIFC) was established as a dedicated “free zone” area in the heart of Dubai’s commercial district by the Dubai Government essentially to meet the requirements and necessities of the financial services industry with its own separate legislative regime based upon the common law principles and enforced by a court system within the Centre’s premises.

The DIFC was established in 2004 with its own distinguishing features related to the civil and commercial laws which seek to adhere to international standards.  DIFC Employment Law No. 4 of 2005 (“DIFC Employment Law”) sets out all of the obligations and requirements on employers and employees operating within the DIFC.  An overview...

Is A Will Worth It?

A Will is often low on an individual’s list of priorities. Life is so hectic and discussing what should happen to your assets after you die is the last thing you may feel like doing. And when you do decide it is time to put in place a Will, it may be tempting to shop around to get the cheapest deal, or even to prepare a DIY Will.

There is no doubt that a professionally drafted Will may be more expensive, but by instructing a specialist solicitor (ideally a STEP member who has particular expertise and the necessary qualifications in Will drafting), you can rest assured that your assets will be dealt with as you wish on death and there will be no hidden surprises!