Understanding Commercial Law In The UAE

Transcription

1 Understanding Commercial Law Helping You Successfully Understand The UAE Legal System 29 May 1 June 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE 30 October 2 November 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE On This Course, You Will: 1. Explore the similarities and differences between the UAE legal system and other legal systems 2. Comprehend key concepts in UAE company and contract law 3. Gain an overview of property and labour law in the UAE

2 Meet Your Expert Course Leader The George Washington University School of Business, Informa Middle East s Academic Partner, is dedicated to excellence: in its teaching and research about management, in the public and private sectors, within the United States and internationally. The school has a 75 year history of preparing men and women for leadership in both the public and private sectors. Known internationally for its dedication to academic excellence, the school draws students from all parts of the United States and around the world. Beyond first class teaching and scholarship, the school s faculty offers practical experience in the issues and challenges confronting business and government. Its research centres link faculty and students with US and international business and government organisations. Recent distance learning initiatives have expanded the school s global reach. Course Requirements And Certificates Delegates must meet two criteria to be eligible for an Informa/GW Certificate of Completion for a course: 1. Satisfactory attendance delegates must attend all sessions of the course. Delegates who miss more than 2 hours of the course sessions will not be eligible to sit the course assessment. 2. Successful completion of the course assessment Delegates who do not meet these criteria will receive an Informa Certificate of Attendance. If delegates have not attended all sessions, the Certificate will clearly state the number of hours attended. Course Assessment Assessment will be based on overall class participation and on a short multiple choice quiz and/or in-class exercise. Who Should Attend This four day course is designed for those working within legal departments. It would also be highly beneficial for those working as company secretaries, legal heads of government offices and medium to large corporates who have had minimal formal training in commercial law and wish to consolidate their experience in the region. In addition, it would also benefit in-house counsel and lawyers who recently have been transferred to the UAE. Herbert S. Wolfson is the Managing Partner of Emirates Law Network, an American law firm focusing on the United Arab Emirates and neighbouring countries. He began his career as a securities lawyer in Washington in 1990 and went on to practice in Riyadh, New York, Abu Dhabi, Dubai and Philadelphia. He has more than 20 years experience working in and with the Middle East. Herb serves as lead counsel for multinational corporate clients in transactions in the UAE and neighbouring countries. He has delivered lectures on UAE law in New York, Washington, San Francisco, Paris, Beijing, Kuala Lumpur and has provided expert testimony in US courts on commercial disputes governed under the UAE, Saudi Arabian and Egyptian legal systems. His publications include a detailed analysis (accompanied by his own English translation) of UAE Federal Law No. 4 of 2000, which established the Emirates Securities and Commodities Authority. He has a degree in law Magna cum Laude, as well as an undergraduate degree and a Master s degree in Arabic, all from the University of Pennsylvania. In 2003, Herb was the lead drafter for a new contract law for the Government of Afghanistan. He was born and raised in New York and is licensed to practice law in Pennsylvania. Introduction Working within the legal department of a company can be very challenging in the current economic climate. The Understanding Commercial Law course will help you understand the laws that affect your business. This course will help you to better equip yourself in handling unforeseen situations that could arise within your work place. Herb Wolfson will guide you through a step by step discussion of the UAE legal system to understand a wide range of legal topics relating to commercial law. Note The actual topics delivered may differ from those outlined in this brochure. The final running order of this programme and the topic focus areas will be affected by the requirements of the delegates.

3 Understanding Commercial Law 29 May 1 June 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE 30 October 2 November 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE Course Timings: Registration will be at 08:00 on Day One and the course will commence at 08:30 and conclude at 14:30. There will be refreshment breaks at approximately 10:30 and 12:30. Lunch will be served at the end of the course on each day. Overview Of The Legal System Basic Themes, Overview Of Legal Concepts: Legal Personality, Basic Principles Of Liability The Legal System In The United Arab Emirates Different legal traditions - Islamic law - French civil law tradition - Anglo-American common law tradition The federal system - Federal government and federal law - The individual member Emirates Major Federal Statutes In The United Arab Emirates Civil code Commercial code Companies law Commercial agencies law Emirate-level legislation and the free zones The court system - Purpose of courts - Federal courts - Emirate-level courts - DIFC court Overview Of Legal Concepts Contracts Rights and obligations Extinguishment of rights Legal personality - The individual - The company - Other entity forms Liability - Torts/acts causing harm - Contractual liability - Limits on liability - Indemnification Principles Of Contract Law Background What is a contract? Why do people enter into contracts? What are the interests of the contracting parties? Does the society at large have any interests in contracts? If so, what? What Makes A Good Contract? The importance of expectations The multi-cultural environment in the UAE and how it affects expectations Who is the winner in a well-drafted contract? Key Contract Issues Responsibilities of the parties Terms and termination - What does termination mean? - Who can terminate? When and under what circumstances? - Breach/default - Termination for convenience - Termination for cause - Notice is it necessary and how much is enough? - Cure rights Insurance Indemnification Confidentiality Dispute resolution - Choice of law - Choice of forum Limitations on liability Force majeure/extraordinary circumstances Miscellaneous fine print Translation: Advantages And Disadvantages Principles Of Labour And Employment Law The UAE Labour Law Who is covered by the labour law? Who is not covered? What about free zone companies? Employment Contracts International contracts Local contracts Fixed term vs. unfixed term contracts Temporary workers Verifying Status And Credentials: Background Checks Different Views On Contracts Common law tradition UAE law - Islamic law - Egyptian law - French law Interplay Between Employment Status And Visa Status Working on a visit visa Visa transfer

4 Special Issues For Foreign Countries: Interplay Between Local Law And Home-Country Law Discrimination Tax Data protection Pension/social security Special Issues For Cross-Border Employees Can an individual hold a residence visa from more than one GCC state? Whose labour law applies? Employee Benefits During The Term Of Employment Salary Allowances Working hours, overtime and the five-day work week Official holidays and Ramadan Leave time - Vacation leave and vacation air tickets - Sick leave - Maternity leave - Emergency leave and other leave Holding Employee Passports Health And Safety Obligations Insurance Medical facilities Accidents and workman s compensation Accidental death Reporting process Employee Resignation What costs can be recovered from the employee? Gratuity and other benefits on resignation The six-month ban and the one-year ban Termination Termination for cause and the disciplinary process Termination for employer convenience Arbitrary termination what constitutes arbitrary dismissal? Termination after prolonged sick leave or prolonged maternity leave Notice Periods And Garden Leave Employee Entitlements Upon Termination End of service gratuity/severance pay Other benefits mandated by law Benefits conferred by the contract Other benefits Employment Disputes The Ministry of Labour process Labour and employment disputes in the local courts Protecting Employer Data And Confidential Information Non-compete clauses Confidentiality clauses Non-solicitation clauses The NOC Best practice Principles Of Property Law Types Of Property Real property ( immovables ) Chattel property ( moveable property ) Property Ownership: The Elements Of The Right Of Ownership Evolution Of Property Law Dubai Abu Dhabi Sharjah Current Property Law Issues Overview of Dubai legislation Overview of Abu Dhabi legislation The economic downturn Property Rights Under The Civil Code Musataha rights Intifa rights Doing Business Revisited: Entity Selection, Company Formation And Set-Up, Agencies, Distributorships And Franchises Entity Selection Issues Formation Under The Companies Law Foreign ownership Shareholders management rights Formation In The Various Free Zones Foreign ownership Shareholders management rights Special Creatures Offshore companies International companies Holding companies SPVs Doing Business Through Entities Entities/Presences And The Licensing Requirements Emirate level licensing and the different requirements Free zones and their limitations Doing Business Through Agents Representatives, distributors or franchisees Would you like to run this course in-house? The in-house training division of Informa Tel: cts@informa.com

5 Understanding Commercial Law 29 May 1 June 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE 30 October 2 November 2016 Kempinski Hotel, Mall of the Emirates, Dubai, UAE FIVE WAYS TO REGISTER register-mea@informa.com Informa Middle East PO Box 9428, Dubai, UAE Our in-house training division Would you like to run this course in-house? Save training $$ and create learning experiences relevant to your business. To customise this course and increase value and impact, contact Leigh Kendall on or the team at cts@informa.com Course Understanding Commercial Law 29 May 1 June 2016 (BC6371) Course Understanding Commercial Law 30 October 2 November 2016 (BC6372) 13 March April 2016 Final Fee US$ 3,995 US$ 4,595 US$ 4, August September 2016 Final Fee US$ 3,995 US$ 4,595 US$ 4,795 DISCOUNTS AVAILABLE FOR 2 OR MORE PEOPLE CALL: a.watts@informa.com Course fees include documentation, lunch and refreshments. Delegates who attend all sessions and successfully complete the course assessment will receive an Informa/GW Certificate of Completion. All registrations are subject to our terms and conditions which are available at Please read them as they include important information. By submitting your registration you agree to be bound by the terms and conditions in full. DELEGATE DETAILS First Name: Surname: Job Title: Company: Address: Postal Code: Country: City: Tel: Mobile: Fax: PAYMENTS A confirmation letter and invoice will be sent upon receipt of your registration. Please note that full payment must be received prior to the event. Only those delegates whose fees have been paid in full will be admitted to the event. EVENT VENUE: WEB BC6371/BC6372 AVOID VISA DELAYS BOOK NOW Delegates requiring visas should contact the hotel they wish to stay at directly, as soon as possible. Visas for non-gcc nationals may take several weeks to process. CANCELLATION If you are unable to attend, a substitute delegate will be welcomed in your place. Registrations cancelled more than 7 days before the Event are subject to a $200 administration charge. Registration fees for registrations cancelled 7 days or less before the Event must be paid in full. Substitutions are welcome at any time. All registrations are subject to acceptance by Informa which will be confirmed to you in writing. Due to unforeseen circumstances, Informa reserves the right to cancel the course, change the programme, alter the venue, speakers or topics. Kempinski Hotel, Mall of the Emirates, Dubai, UAE Tel: ACCOMMODATION DETAILS: We highly recommend you secure your room reservation at the earliest to avoid last minute inconvenience. You can contact the Informa Hospitality Desk for assistance on: Tel: Fax: hospitality@informa.com SN/HM Legal Copyright Informa Middle East Ltd