Insights

Here we share the freshest ideas from our legal team exploring key issues for local, regional and global businesses operating in the UAE and wider region. You can also discover our latest firm news and find out about our up-coming and past events.

Without prejudice: What is it and when should you use it?
Recently, the Dubai Cassation Court issued a seismic ruling, one that went relatively unnoticed to the wider community, but one that set tongues wagging in the legal community.

Move of Freezone Companies to Mainland Dubai
The Dubai Department of Economy and Tourism (DET) is responsible and the main authority issuing licenses for all corporate entities with the aim to carry out business in the mainland Dubai (excluding the freezones) and for managing the licensing and regulatory aspects of the companies registered with DET.

Recent Court of First Instance Ruling: a shift in narrative or a conditioned prerequisite for recoverability of legal costs?
At Horizons & Co, we advise our clients that to maximise cost recovery in commercial disputes, parties should ensure that their contracts include clear and enforceable provisions regarding legal fees.

Contract Drafting: Why Precision Is an Art, Not a Checklist
Contract drafting is not just a technical exercise, it is a discipline that requires foresight, precision and a deep understanding of how language will be interpreted in practice.

ALRUD Guidebook: Recognition and Enforcement of Russian Judgments Abroad 2025
Horizons & Co is proud to have contributed the United Arab Emirates chapter to Recognition and Enforcement of Russian Judgments Abroad 2025, published by ALRUD Law Firm.

هل يجوز لقاضي التنفيذ أن يأمر بالتصريح بالإعلان بصحيفة دعوى مقامة خارج الدولة ضد مدعي عليه مقيم بدولة الإمارات ؟
تناولت محكمة المتييز بدبي تلك المسألة في سابقة الأولى من نوعها في في الطعــن رقــم 489 لسنة2025 طعن تجاري في جلستها المحددة بتاريخ 23-07-2025

Does the Execution Judge have the jurisdiction to authorise the service of a lawsuit filed abroad against a defendant residing in the United Arab Emirates?
The Dubai Court of Cassation addressed this issue for the first time in its landmark ruling in Commercial Cassation No. 489 of 2025, during its session held on 23 July 2025.

Clarifying Jurisdiction Between Civil and Personal Status Courts in Spousal Financial Disputes
For many years, financial claims arising between spouses, particularly those involving wealth accumulation, business dealings, or contributions during the course of the marriage, fell into a grey area.

Dubai Court Clarifies Bank Liability on Sanctions & Fund Transfers
A landmark Dubai ruling defines when banks may withhold funds amid sanctions. Learn how UAE law balances compliance and contractual duties.

Abu Dhabi Enacts Significant Real Estate Reform: A New Legal Framework for a Growing Market
The reform introduces a comprehensive and forward-looking legal framework intended to enhance investor confidence, strengthen regulatory oversight, and accelerate the delivery of real estate projects, particularly in the off-plan segment.

Challenging and Enforcing Arbitration Awards 2025 - United Arab Emirates
Enforcement used to be a non-issue in international arbitration. Most losing parties simply paid. Not so anymore. The time spent on post-award matters has increased vastly, and challenges to awards have become the norm.

Key Amendments and Legal Implications of Federal Decree-Law No. 41 of 2024 on Personal Status for Muslims in the UAE
The United Arab Emirates has undertaken comprehensive reforms in personal status legislation for Muslims. The new law, which came into effect on 15 April 2025, introduces critical amendments that reinforce family stability, promote child welfare and enhance the rights of women—all while maintaining adherence to Islamic Sharia principles with greater flexibility.

Dubai Islamic Bank in a dispute relating to the financial facility agreement for the financing of a construction project
We are representing Dubai Islamic Bank, as a claimant, in a dispute arising out of the execution of a financial facility agreement for the financing of a construction project.

San Jose S A and others as the defendants and counter claimants in a dispute before the Abu Dhabi courts the construction of the Louvre Abu Dhabi
Our clients are the defendants and counter claimants in an ongoing dispute before the Abu Dhabi courts in relation to a major construction project. This concerned the construction of the Louvre Abu Dhabi, an off shoot of the world renowned the Louvre Paris. It is set to become on the of the UAE’s largest cultural and tourist attractions.

Heriot Watt University Dubai as defendant in a case filed by Study World Higher Education Services FZ LLC
Horizons & Co. represented Heriot Watt University Dubai in a case filed against it by Study World Higher Education Services FZ LLC in relation to early termination of an agreement, claiming damages and part of the share revenue as well.

A group of individuals being sought for extradition by the government of the United Kingdom
Our extradition experts, led by our Managing Partner Ali Al Zarooni, were chosen to defend of a group of individuals, three brothers, accused of various financial-related crimes against an extradition request lodged by the Government of the United Kingdom.

Abaar Investments – PJS (a subsidiary of Mubadala) on a dispute involving one of Abu Dhabi’s biggest property management companies
Our client, Abaar Investments – PJS (a subsidiary of Mubadala), was a party to a Utility Agreement as a lessor of two luxury buildings in Abu Dhabi. The lessee to the agreement was one of Abu Dhabi’s biggest property management companies. A dispute arose as the lessee didn’t fulfill its contractual obligations.

Horizon Gulf Electromechanical Services LLC as a subcontractor on a construction project that has become the source of an almost AED 240 million dispute
We acted for Horizon Gulf Electromechanical Services LLC as a subcontractor on a construction project that has become the source of an almost AED 240 million dispute. Our client is the claimant before the Dubai Courts, in relation to the construction of Al Jalila Children’s Specialty Hospital.

Arabtec Construction LLC and Belhasa Six Construct LLC (ABJV) on a multi-billion insurance claim
We represented the defendants in a multi-billion insurance claim over a fire incident at one of Dubai’s most prestigious hotels, the Adress Downtown, Dubai.

A Syndicate of 10 separate banks, including Emirates NBD Bank PJSC, HSBC Bank Middle East Limited, ICICI Bank and Dubai Islamic Bank in relation to bankruptcy against KBBO group and others.
We are representing a syndicate of 10 separate banks (the Syndicate), including Emirates NBD Bank PJSC, HSBC Bank Middle East Limited, ICICI Bank and Dubai Islamic Bank, in relation to bankruptcy proceedings before the Abu Dhabi Court against KBBO group, Emirates Hospitals, His Highness Sheikh Saeed al Qubaisi and Khalifa Al Muhairi, for facilities valued at more than AED 7 billion (USD 2 billion).

A leading structural steel fabrication company in the UAE, in a dispute relating to the development and construction of a large retail park
We are acting for a leading structural steel fabrication company in the UAE, in a dispute with a main contractor in relation to the development and construction of a large retail park.

The Liability of a Shareholder in a Limited Liability Company: Between the Rule and the Exception
A Limited Liability Company (LLC) has a unique nature, as it combines characteristics of both capital companies and partnership companies. The UAE legislator has integrated these features into a unified legal framework, establishing provisions to regulate this type of company (hereinafter referred to as the "Company").

Trading with Cryptocurrency and Criminal Liability for Individuals in the UAE
The rapid evolution of digital finance has positioned the United Arab Emirates (UAE) as a major player in the global cryptocurrency landscape. With its progressive economic vision and regulatory adaptability, the UAE has embraced blockchain technology and virtual assets as part of its broader strategy to become a financial hub.

Myth vs. Reality: Arbitration in the Middle East – Riyadh International Disputes Week
Horizons & Co. Law Firm and Kroll are proud to co-host a unique speed-networking "Myth vs. Reality: Arbitration in the Middle East" at RIDW 2025.

Divorce by Unilateral Will Under the UAE Civil Personal Status Law
The UAE Civil Personal Status Law, introduced to regulate family matters for non-Muslims, has significantly reformed divorce procedures by allowing divorce by unilateral will.

Recognition and Enforcement of Russian Judgments and Arbitral Awards Abroad, as well as Foreign Judgments in Russia
As part of Russian Law Firm ALRUD’s annual Litigation Day for their Dispute Resolution Practice, “Recognition and Enforcement of Russian Judgments and Arbitral Awards Abroad, as well as Foreign Judgments in Russia”.

DIAC Arbitration Training Programme – Stage 1 (Basic Principles of Arbitration)
As part DIAC’s Arbitration Training Programme- Stage 1, Horizons & Co. Managing Partner Ali Al Zarooni will be speaking as part of the first session on day one, providing an introduction to arbitration alongside Ahmed Ibrahim of Ibrahim ADR and Faris Nasrallah, Head of Arbitration of Crescent Petroleum.

The Fourth International Forum: Shaping the Future of Arbitration
Horizons & Co Law Firm’s Managing Partner, Ali Ismael Al Zarooni, will be speaking alongside a distinguished group of experts at the Fourth International Forum: Shaping the Future of Arbitration, organised by the Dubai International Arbitration Centre (DIAC) and The American University in the Emirates (AUE) on 12th February 2025.

Settlement in Criminal Disputes: Key Facets and Application under the Dubai Criminal Court Rules
In recent years, alternative dispute resolution (ADR) mechanisms have become increasingly significant across all legal systems around the world, including in criminal law. Within the UAE legal framework, the Criminal Court of Dubai recognises settlement as a viable resolution method for certain criminal cases. These settlements aim to resolve disputes amicably, bypassing lengthy judicial processes, particularly when the parties involved reach a mutual agreement outside of the courtroom. In this article we examine the concept of settlement in criminal disputes, its legal application in Dubai, and the associated benefits and challenges.

An Overview of the Most Significant and Interesting Decisions from Across the UAE in 2024
As the UAE continues to strengthen its position as a leading global hub for commerce and investment, 2024 saw a series of landmark legal decisions that further refined the nation's judicial landscape. From the enforceability of unilateral arbitration clauses to the interpretation of foreign ownership laws, these rulings reflect the UAE's evolving approach.

An Exploration of the Recognition and Enforcement of Foreign Judgments in the UAE
The UAE is recognised internationally as one of the most dynamic and commercially active economies in the Middle East. This economic vibrancy has necessitated continuous reforms in the UAE's legal framework, particularly to support its position as a global hub for trade and investment. Recent developments in UAE case law have reflected these legislative reforms, with judgments increasingly aligning with the objectives of fostering legal certainty and international cooperation.

A Subtle Shift in the Court's Approach Towards Nominee Arrangements in the UAE
Recent legal reforms in the United Arab Emirates (UAE) have significantly reshaped the framework in relation to the foreign ownership of onshore registered companies. Prior to 2020, foreign investors seeking to establish companies in the UAE were required to partner with a UAE national, who had to hold at least 51% of the company’s shares (the “Old Law”).

The Legal Impact of Force Majeure on Contractual Obligations in the UAE
In contractual relationships, extraordinary and unforeseen events can arise, altering the expectations and obligations of the contracting parties. These disruptions are often beyond the control of either party. In UAE, the principle of force majeure serves as a legal construct for addressing such situations, providing a framework for mitigating the adverse effects of unforeseen events on contractual obligations.

Navigating Vessel Ownership Disputes in the UAE Under the New Maritime Law
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 wins Real Estate and Construction Team of the Year at The Oath Middle East Legal Awards 2024
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.

Implications of Guarantees and Re-domiciliation of Companies under UAE Law: The Role of Guarantor Consent in Debt Novation and Understanding Guarantees
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).

Horizons & Co. Law Firm Celebrates 25 Years of Legal Excellence and Community Impact at Dubai Opera
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.

ICC YAAF (Young Arbitration and ADR Forum) event as part of Dubai Arbitration Week – "The Art of Persuasion: Effective Advocacy in International Arbitration"
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.

Gatehouse Chambers as part of Dubai Arbitration Week – "The big, the bad and the ugly: Mega-project litigation; cutting through the complexity"
As part of Dubai Arbitration Week, Gatehouse Chambers is holding their breakfast event at Horizons & Co.’s offices in Dubai.

EPAM Law Offices as part of Dubai Arbitration Week – "Using State Court Tools for Successful Arbitration"
As part of Dubai Arbitration Week, EPAM Law Offices is their event at Horizons & Co.’s offices in Dubai.

Rybalkin, Gortsunyan, Dyakin and Partners law firm (RGD) as part of Dubai Arbitration Week – "Dancing on Quicksand: Major Developments in Arbitration with Russian Parties"
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.

Horizons & Co. Law Firm and Herbert Smith Freehills as part of Dubai Arbitration Week – "Current and Future Trends in International Arbitration"
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.

arbitrateAD event as part of Dubai Arbitration Week – "Abu Dhabi as the New Frontier in International Dispute Resolution"
As part of Dubai Arbitration Week, arbitrateAD, the Abu Dhabi International Arbitration Center is holding their event at Horizons & Co.’s offices in Dubai.

Supporting the Community: Dubai’s New CLPD Credits for Pro Bono Legal Work
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.

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

Hong Kong Arbitration Week – "Resolving Eurasian & Middle Eastern disputes in a sanctions-torn world: parallel proceedings, anti-suit injunctions and competing paradigms."
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.

Dubai Court of Cassation Clarifies Key Arbitration Principles in Recent Ruling
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 – "Cracking the Code: Employment Disputes and Litigation in the UAE and DIFC."
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.

Construction Week Live Leaders in Construction UAE 2024 Summit – Dubai, UAE
The Construction Week Leaders in Construction UAE Summit will convene industry titans, visionaries, and innovators to explore significant developments in the UAE construction landscape.

Strategic Relocation: The Benefits of Corporate Migration to the UAE
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 – "Breaking down the Prejudices: Resolving Conflicts in the Middle East"
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 Under UAE Law
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.

Overview of the 2024 Amendments to the UAE Labor Law
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.

Leading UAE law firm Horizons & Co. and prominent Omani law firm DSA formally announce their collaboration agreement
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.

الموضوع: الإعلان الرسمي عن إبرام إتفاقية التعاون بين مكتب الآفاق ومشاركوه للمحاماة
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.

Horizons & Co. Law Firm and Dr. Saif Al Rawahi Advocates, Advisors, and Corporate Consultants (DSA) announce their collaboration agreement (July 2024)
Horizons & Co and DSA formally announce their collaboration with a law firm in Oman to bolster its regional network and services.

قرار رقم 8 لسنة 2024 قرارات الهيئة العامة – التمييز
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

Decision No. 8 of 2024: The Court of Cassation must supervise trial judges' discretion in assessing and reducing penalties in public fund crimes
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.

Key implications of the Dubai Court of Cassation Commercial Appeal 1514 decision (2022) for arbitration in construction disputes in the UAE
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.

Leading UAE law firm Horizons & Co. announces partnership with the Dubai Business Group for Gold and Jewelry Designers
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.

مكتب الآفاق ومشاركوه للمحاماة يعلن عن شراكته مع مجموعة دبي التجارية لمصممي الذهب والمجوهرات
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.

Horizons & Co. achieves superb recognition at the inaugural Lexis Nexis Middle East Awards
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.

The evolving landscape of compliance in the UAE: two key requirements
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.

Horizons & Co. welcomes experienced Senior Counsel Paul Blakeway to the firm’s Arbitration practice
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.

UAE Criminal Procedure Law - An Overview
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.

Key takeaways from Horizons & Co. & BCLP’s discussion on “The Evolving Real Estate and Construction Disputes Landscape”
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. Law Firm wins the Chambers and Partners award for UAE Domestic Dispute Resolution Firm of the Year
Horizons & Co. is proud to announce that it won the prestigious Chambers and Partners award for UAE Domestic Dispute Resolution Firm of the Year.

A landmark decision regarding reciprocity between the Courts of England and the United Arab Emirates
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).

A recent ruling provides valuable insights into UAE commercial law and the precise application of legal principles
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 reaches new heights in the Chambers Global 2024 rankings
Horizons & Co. Law Firm is extremely proud to have achieved new and further improved rankings in the Chambers and Partners' Global guide for 2024.

Abu Dhabi Welcomes arbitrateAD
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.

The Latest Judgements of the General Authority of the Dubai Court of Cassation
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.

احدث احكام الهيئة العامة لمحكمة التمييز بدبي
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

Commentary on the Abu Dhabi cassation court recent judgment regarding the authority of the court
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.

Commentary on the Cassation Ruling - Expert Committee's Verdict
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.

An Important Principle on the Court's Authority to Amend the Judgment During the Appellate Proceedings in the Advisory Chamber
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.

مبدأ هام حول سلطة المحكمة في تعديل الحكم أثناء نظر الاستئناف في غرفة مشورة
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

تعليق حول حكم هيئة توحيد المباديء بخصوص جواز الرجوع عن الاحكام الجزائية
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.

Commentary on the Principles Unification Authority's Ruling Regarding the Legitimacy of Recanting Criminal Judgments
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 Law No. 38/2022 on Criminal Procedure (effective from 1 March 2023), as amended by Federal Decree No. 45/2023
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.

Key takeaways about the new alternative end of service benefits scheme in the UAE
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).

رجوع عن حكم من محكمة التمييز حول تاريخ العمولة وفترة السماع
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 .

Reversal Of The Cassation Court Ruling On Commission Date And Hearing Period
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.

Managing Partner Ali Al Zarooni and Partner Areen Jayousi set out the implications of the New Law in regarding restructuring and insolvency in the UAE (December 2023)
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.

Partner Areen Jayousi explains the impact of the New UAE bankruptcy Law (December 2023)
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.

Federal Decree - Law No. 51 of 2023 on Financial Restructuring and Bankruptcy
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”).

The road to COP28 UAE: should Middle Eastern economies worry about Climate Change Litigation?
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.

Significant changes to UAE arbitration law
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.

Legal Consultant Muhammad Mohsin Naseer is quoted in Gulf News on employment law in relation to absconding (September 2023)
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.

Horizons & Co. further strengthens its litigation practice with the arrival of Bridget Butler
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.

Achievement on the prestigious case regarding the long-running AED 1.2+ billion litigation
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.

Advising a major Syndicate in bankruptcy proceedings against KBBO group
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.

Is there a Duty to Disclose Documents in the Course of Litigation Under the UAE Law?
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.

Leading UAE Law Firm Horizons & Co. signs MoU with Russian Arab Business Council to facilitate investment in the UAE
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.

Dubai Rises in Ranking as Arbitration Seat of Choice
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.

Changes to the Inheritance Laws in the UAE from 1 February 2023 - What you need to know
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.

Navigating Board Member Responsibilities Under the New UAE Bankruptcy Laws: Insights from the Marka PJSC Case
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.

Interest on Late Payments in the UAE
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.

Judgment by Dubai Court Sets New Principle for Insolvency Matters
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.
