UAE Government launches the First Media Communications Manual

The UAE Government today launched its first-ever Media Communications Manual, outlining communications policies and procedures and defining roles and responsibilities of communications' teams across the UAE federal government.

Developed in line with the UAE Government Communications Strategy, the manual comes as part of a broader plan to enable the UAE ministries and federal authorities to enhance their internal and external communications capabilities.

The Government Media Communications Manual has been developed by a team of prominent experts. It includes detailed guidelines on all media related activities such as media inquiries, key messages, media briefings, press releases and newsletters, among others.

Mohammad AlGergawi, Minister of Cabinet Affairs said: "The manual is an integral element of the Government Communications Strategy endorsed recently by the Cabinet. Designed to match best international practices, the government media communications manual will ensure optimum transparency and accuracy of information on government initiatives, policies, and services" Issued for the first time in the UAE, the manual will include clear definitions of roles and responsibilities of communication departments across the UAE ministries and federal authorities. It will be an important reference for all government day-to-day media communications activities, leading to enhanced interaction between the government entities, the media and the public.

Her Excellency Naglaa Al Awar, Secretary General of the Cabinet, as well as other senior officials representing all UAE ministries and federal authorities, witnessed the launch of the Government Media Communications Manual at a workshop organised by the Cabinet Secretariat General in Raffles Hotel, Dubai.

H.E. AlGergawi added: "The UAE Government Communications Strategy also includes a series of guidelines, workshops and training programmes that will be carried out according to the agreed timelines. The strategy aims to fulfill the leadership's vision towards enhancing the government's communications competencies and positioning the UAE among the leading nations in government communications." During the workshop, the role of the Government Communications Office has been reviewed, along with the key media responsibilities of communications teams across the federal government. In additions, the contents of the communications manual has been briefly explained with special attention to the standard media operating procedures, development of media messages, press releases, press conferences, newsletters among other media tools, all of which guaranteeing smooth and effective communication between government entities and their audiences.

Representatives of all federal authorities will come together for a second workshop, organized by the Cabinet Secretariat General on 12 June in Dubai, to review the key components of the Government Media Communications Manual for ensuring the timely and accurate implementation of the guidelines.
/WAM/

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Dubai bans sale of cigarettes to under 20s

The Gulf emirate of Dubai on Saturday banned the sale of tobacco to anyone under the age of 20 with immediate effect and barred young people from public areas in which smoking is allowed.

The announcement was made in public advertisements in Arabic-language newspapers as part of a "Youth Without Tobacco" campaign.

A spokesman for Dubai municipality told AFP that cigarette vendors and managers of public places such as cafes and restaurants have been instructed to ask clients for proof of identity even to smoke water pipes.

Those breaking the law would be fined, he said without elaborating.

Before Saturday's ban the sale of cigarettes in Dubai was prohibited to anyone under 18 and smokers were not allowed to light up in public places including hotels, restaurants, cafes and offices.

The campaign was launched to coincide with World No Tobacco Day on Saturday.

The World Health Organisation said on Friday that only a total ban on all forms of tobacco advertising can stop the "constantly mutating virus" of the marketing industry and protect vulnerable young people.

Dubai, one of the seven United Arab Emirates, is a regional tourism and business hub that attracts millions of visitors each year.

/AFP/

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Divorce Law may change soon

Muslim men wishing to end their marriages may be ordered in future to use the legal system because of growing concern about the abuse by some husbands of the right to oral divorce, a leading Islamic cleric has warned.

In a sermon sanctioned by the Government, Sheikh Jihad Hashem said the high rate of separation had prompted a rethink of the tradition of divorce on the basis of the husband’s declaration that the marriage was over.

Preaching at the Mariam bint Sultan Mosque in Abu Dhabi on Friday, he said: “Divorce is a recourse frequently abused. When used arbitrarily, it is recklessness.

“Oral divorce does not exist in other societies, and the Ulama (scholars) are now considering the possibility of rescinding the right to oral divorce.”

Sheikh Hashem reminded worshippers that divorce in other countries took place only before a judge, with each party represented by a lawyer. “If we don’t rectify this, then this other system — whether right or wrong – will be forced upon you,” he said.

The theme of this week’s sermon, which included a call for couples to seek reconciliation before separating permanently, reflected the authorities’ increasing concerned about the high divorce rate.

The official text from the General Authority of Islamic Affairs was supplied to all mosques, and also urged men to keep their anger in check in marital disputes.

Couples should show greater restraint in marital disputes, it said, suggesting that sleeping in separate beds for a few days was better than breaking up a marriage for good.

Clerics are obliged to follow only the theme rather than the letter of the text.

Sheikh Hashem, an American who converted to Islam and preaches largely in English, warned Muslims that abusing verbal divorce was leading to mockery in other cultures.

“People are making fun of us because of our foolishness,” he said, calling for scholars to “step in”. “Saying I’ve divorced here and reconciled there as if the women, our sisters and mothers, were a mere yo-yo on a string. It’s a mockery.”

Several Muslim countries have already banned verbal divorce. In Morocco and Tunisia, a change in family law requires a couple in dispute to go before a judge. The standard marriage contract in Islamic Sharia gives the “Isma” — the right to divorce by saying “I divorce thee” — to the man.

Although women can negotiate prior to marriage for a transfer of the Isma to herself, that rarely happens. In most marriages, the Isma is in the hands of the husband.

Divorce in Islam is legal and although it is officially discouraged, rates in the UAE are 46 per cent, the highest in the GCC, according to a 2003 study at Prince Salman Social Centre in Riyadh.

Divorce has a greater stigma for women than men in Emirati culture and many women give their fear of divorce as a preoccupying concern. Sheikh Hashem also addressed the rare problem of women seeking divorce frivolously. The women’s section at Mariam bint Sultan mosque was unusually full during the divorce sermon, with about 150 women listening. “Whenever a woman seeks divorce from husband for no good reason, just because she is bored or having a mid-life crisis, the Garden will be unattainable to her,” he said, referring to the Garden of Heaven.

Sharia law says a woman seeking divorce must demonstrate abuse or shortcomings in a marriage. Remaining single is also discouraged in Islam with unmarried people reminded “to complete their religion”. The imam touched on the sanctity of marriage as the essence of the male-female relationship.
/The National/

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Chemical weapons law to be amended

The ministerial legislative committee has approved a number of amendments to Law No. 40 (2006) regarding ban on developing, manufacturing, stockpiling or using chemical weapons.

At a meeting presided over by HE Minister of Justice Jouan bin Hadif al Dhahiri, the committee also approved amendments to the federal draft law No.13 (2007) regarding commodities regulated by export-import control.

The committee also approved amendments to Federal Law regarding people with special needs and replaced the term 'people of special needs' with the phrase 'Disabled'. The amended law is to be called Law on the Rights of persons with disabilities.

The committee has submitted the decisions to the cabinet for discussion and final approval.

HE minister of social affairs Maryam Mohammed Khalfan al Roumi, HE minister of health Humaid Mohammed Al Qattami, HE minister of state for foreign affairs Dr. Anwar Mohammed Gargash, HE minister of environment and water Dr. Rashid Ahmed bin Fahd, HE minister of state for financial affairs Obeid Humaid al Tayer and Acting Undersecretary of ministry of justice Dr. Ali al Housni attended the meeting.
/WAM/

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UAE on track to achieve e-justice

Justice Minister Dr. Hadef Al Dhahiri said Thursday that computer softwares had been introduced to facilitate and streamline the performance of the judiciary.

He told the second judicial forum that the goal is to achieve e-justice at the end of the day.

''E-justice allows clients to keep online contact with courts and prosecutions.

This is a testimony of the credibility and transparency of the judiciary,' he affirmed.

''The meeting,which brings chairmen of courts and prosecutions together, is a qualitative step towards greater coordination and consultation between local and federal courts in the service of justice,''he indicated.

Director General of Dubai Courts Department Dr. Ahmed bin Hazem, said the second forum would follow up implementation of strategic judicial, technical and administrative recommendations put forward by the first meeting.

According to him, the one-day meeting will discuss challenges facing the justice sector in the country and recommend solutions to them. WAM

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Federal laws to be translated into English

The Ministry of Justice has started translating all the 681 federal laws in the country into English in the first phase of a vital project to help the foreign communities.
The English version of the laws, including civil, criminal, personal and commercial laws, will be posted on the ministry's web site, Dr Ali Ibrahim Al Houssani, acting undersecretary of the ministry, told Khaleej Times recently.

Translating the country's laws into English has become an urgent need, particularly since there are expatriates of more than 200 nationalities speaking various languages in the country, Dr Al Houssani said. (Zawiya)

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Few things to know before filing a case

If you need a lawyer to defend you in any case in the UAE you have to make sure that your lawyer is registered at the Ministry of Justice and at the courts.

If you are living in the UAE or visiting the country and you need to hire a lawyer, you must register the contract between you and the lawyer at the Attorney General's office.

You can hire a lawyer to represent you from any emirate. The court will hire a translator for those who cannot speak Arabic.

The Ministry of Justice is usually responsible for hiring lawyers to defend those who are involved in crimes involving the death penalty or a life sentence.
The lawyer can attend with you at the police station if the case is being investigated by police but they have no power to represent you there. The lawyer can attend the public prosecutor investigations but has no power to represent you there.

Check the list of registered lawyers at www.dubaicourts.gov.ae
*The consultation fee starts at Dh1,000 and can go up to Dh5,000.
*There is no fixed lawyer fees. Each lawyer could charge you depending on his expertise.
*Beware of associates who wait for clients at the courts and charge you just to attend to a simple matter.
*You need a lawyer for cases such as divorce, child custody, rent dispute, appeals, bail, medical or insurance claims, accidents, medical malpractices, defamation cases and any criminal matter.
*Approach the Attorney General at the courts to allow a lawyer to represent you in court.
*The contract between you and your lawyer must be signed by both parties.
*Fees must be paid at the attorney general's office to register the contract between you and the lawyer.
*You need a copy of your passport or ID card in order to register a case at the court and to hire lawyers.
*You can choose your lawyer from any of the emirates no matter in which court your case is being heard.
*You can hire a lawyer here if you have case at any of the country's courts even if you are not living in the UAE.
*There are some authorised lawyers in the UAE who can defend your case at any court in the world.
Source

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New Licensing Agency to be responsible for drivers & vechicles

HH Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of Dubai Executive Council, issued a Decision to establish Licensing Agency as part of the set up of Roads & Transport Authority (RTA) and appoint Ahmed Bahrouzyan as a CEO of the said Agency.

According to the Decision, Licensing Agency is vested with the responsibility for licensing driving institutes & centers, as well as qualifying & training instructors & inspectors of drivers & vehicles. It is also responsible for testing & licensing of drivers & vehicles along with endorsing the conditions & guidelines governing training of drivers. It will also assume responsibility for regulating number plates and managing public auctions of number plates. Other tasks of the Agency include developing & updating databases of drivers & vehicles, issuing No Objection Certificates in respect of commercial & tourist activities related to transport, in addition to controlling the performance of driving institutes, vehicle testers and commercial activities of transport.

The CEO of Licensing Agency will oversee the administrative affairs of the Agency, prepare a work plan of the Agency together with its annual budget estimates for submission to the Chairman of the Board & Executive Director of the RTA. The CEO has to implement the approved annual plan of the Agency, realize the targeted performance results, submit the periodical performance reports to the Chairman of the Board & Executive Director of the RTA, and draft legislations related to the business of the Agency.

The Decision provided for transferring the roles, jurisdictions and the organizational units concerned with licensing at various RTA agencies, along with their employees, to the Licensing Agency.

The Chairman of the Board and Executive Director of the RTA, chaired by H.E. Mattar Al Tayer, Chairman of the Board and Executive Director of the RTA, endorsed the Organizational Chart of the Licensing Agency along with its departments. Beside the CEO Office, and Quality, Health, Safety & Environment Section, the Organizational Chart of the Agency includes five departments; Training & Qualifying of Drivers Dep?t, Licensing of Drivers Dep?t, Licensing of Vehicles Dep?t, Control & Inspection Dep?t, and Commercial Transport Dep?t.

''The establishment of the Licensing Agency has come as a result of a detailed study carried out by the RTA with a view to identify the exact situation of the Licensing Dep't under Traffic & Roads Agency and its performance over the last two years," commnetd Mattar Al Tayer.

"Assessment was made for the points of strength and weakness experienced by the Dep't. The Study also explored in detail the prevailing global practices and the underlying factors of the trend in many countries to establish independent licensing & registration agencies," he added.

He further pointed out that the aim of establishing an agency dedicated to licensing is to enhance the level of services rendered so as to win customer satisfaction. It also aims at educating and heightening the awareness of all types of road users, who are the key factor causing traffic accidents. The Decision to establish the Agency is also dictated by the increasing numbers of licensed drivers in the emirate, as the number of driving licenses issued last year reached 89,475 licenses. The number of registered vehicles hit 848,357 vehicles of which 802,376 are light vehicles and 45,981 are heavy trucks.

Among other reasons for establishing the Agency is the need to focus on the specialized roles of the Agency, which are based on a single strategy and operational plans reflecting its key objectives and goals. Licensing is an activity of broad-based interaction with customers; a matter which warrants putting much focus on customers.

There is also a need to enhance monitoring and inspection of heavy vehicles, which have substantial contribution in the increasing percentage of traffic accidents. WAM

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NBAD wins multi-million gambling lawsuit

National Bank of Abu Dhabi (NBAD) on Monday won a five-year legal battle against a top London casino trying to reclaim 6.68 million British pounds ($13.39 million) owed it by one of the lender's customers, lawyers in the case said.

Grosvenor Casinos claimed NBAD was liable for bounced cheques written by a wealthy UAE businessman, as the casino had extended credit to the gambler based on informal discussions with the bank, NBAD legal team Simmons & Simmons said.

The businessman bet 99 million pounds and lost over 18 million pounds at Grosvenor's Clermont Club in Mayfair during an eight week gambling spree from December 1999 to February 2000, the law firm said.

The firm said Grosvenor obtained judgment against the businessman for payment of the two unpaid cheques, but was unable to enforce its judgment.

Grosvenor then turned its case against NBAD and the businessman's bankers in Mayfair, UK lender NatWest, according to the firm.

Simmons & Simmons said the Royal Courts of Justice in London dismissed Grosvenor’s claims in "deceit and contract".

The court also concluded that Grosvenor had not in any event suffered a loss - it actually made a profit out of the gaming, according to the firm.

"This is an excellent outcome for NBAD and thoroughly deserved. NBAD has vigorously defended itself since proceedings were first threatened by the casino in 2003. The bank’s robust approach has been vindicated," Simmons & Simmons financial litigation partner Jonathan Kelly said in a statement. Source

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New foreign ownership law within 6 mths

The United Arab Emirates will introduce a new company law in six months allowing majority foreign ownership in some sectors, the country’s Minister of Economy said today.

“It will be ready within six months,” Sultan bin Saaed al-Mansouri told reporters in Dubai. “We will allow that wherever it helps the economy of the UAE,” he said declining to name the sectors.

Nationals from outside the six oil-producing Gulf Arab states at the moment must take a local as a majority partner, except in specified areas called free zones.

The company new law is likely to attract more foreign investment in the country and encourage competition.

Former Economy Minister Lubna al-Qassimi said in June that 100 percent foreign equity participation could be allowed predominantly in the services sector, healthcare and education and some partial equity in the financial services.

The United Arab Emirates’ economy grew more than 7 percent for a fifth straight year in 2007 as construction, industry and trade offset slower growth in energy.

Gross domestic product of the world’s fifth-largest oil exporter expanded 7.6 percent last year, compared with 9.4 percent the year before, according to Ministry of Economy data obtained by Reuters on March 10.

Growth has averaged 9.4 percent per year for the last five years. Manufacturing surged 15 percent in 2007, construction 17 percent, and wholesale and retail 8 percent, ministry data showed. (Reuters)

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E-Signatures

A signature is a unique representation of one’s identity. The identity of an ‘’e’’ environment funds loopholes in the confidence we have in the electronic world due to its virtual, impersonal and unphysical characteristics.

The legal definition of an electronic signature has three components: the digital signature must be an electronic sound, symbol or process, it must be attached to a contract or other record and it must be adopted by a person with an interest in signing.
The internet is an anonymous domain. To protect the authentication of a business transaction, each party must be able to prove the other’s identity. The sender encrypts the message with his or her private key so that the recipient can be assured that only the sender could have encrypted it.

Just as a paper contract becomes valid on the physical signatures of the parties, an e-transaction, once made, cannot be revoked. Neither party involved in the transaction can deny his role in the exchange. Such non-repudiation prevents individuals/parties from making false claims about offers made or accepted. To make the exchange more secure digital non-repudiation is provided via digital message being authorized, making it extremely difficult to counterfeit.

Law and Courts provide paper protection because it is easily identifiable but does law spread its protection cover on the realm of “e” business?
Of course it does. However, we live in an age of fast electronic communications. Within the legal infrastructure are laws for protection of the wire and the wireless media. From legal prospective Law No.5 of 2001, documents with electronic signatures will be admissible as evidence in criminal investigations.
Furthermore, Law No. 2 of 2002 Concerning Electronic Transactions and Commerce enhances this stance. It is meant to facilitate e-correspondence trough reliable e-books; remove any barriers to e-commerce and other government departments and institutions; reduce the number of submissions of e-correspondence; boost the public’s confidence in security and validity of e-books and correspondence; and enhance development of e-commerce and other transaction, locally and internationally, through using e-signature.
Under the new Electronic Transaction and Commerce Law, Law No.2 for 2002, an e-signature shall be regarded as equally valid as that on paper. According to the new law, an electronic document or file shall be regarded as original if there is reliable technical evidence proving that it accurately reproduces the information originally created and it permits information to be originally created and it permits information to be presented on request.

Under the said law an electronic document or signature may not be rejected just because it is electronic. Electronic information shall have legal validity and in judging this validity, certain requirements must be met such as:

 Reliability of keying in or creating, saving, presenting or sending process.
 Reliability of the source of information.
 Reliability of the source of information
 Checking the identity of the creator of the information.
 Any other relevant item.

It is presumed that a secure e-signature is reliable, and is that of the person involved and specifically approves the electronic document attached to it. It is further presumed that a secured electronic document has remained unchanged since its creation and is reliable.

Although electronic signatures are yet being legally documented and acknowledged under the U.A.E. Law of Evidence, the new local laws mentioned above have recognized electronic signatures and digital certificates and have outlined the criteria according to which an electronic signature or a digital certificate shall be considered valid.

Additionally, there have recently been initiatives in the country to remove security doubts from online transactions by making digital certificates commercially available in U.A.E. Digital certificates, another example of the e-world, facilitates secure transaction over the internet allowing secure exchange of sensitive information online, which service providers claim will increase business in the U.A.E. Information exchange is kept confidential and tamper-free using Secure Socket Layer (SSL) technology. A subsidiary of Etisalat makes digital certificates commercially available to UAE nationals, UAE Internet users, UAE residents and their dependents. Individuals and businesses in the UAE can now complete the necessary paper-work and be issued with a digital certificate, which they can use to make online transactions. (By Dr. Khalid Al Mehairi)

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Food traders face deadline on Arabic labelling rules

Traders importing food for local consumption in Dubai or re-export must comply with new regulations issued by the municipality.

Importers have been given until the end of March to obey the rules, which have been prepared in accordance with the new food quality standards of the Emirates Authority for Standardisation and Metrology (Esma).

Products must be labelled in Arabic and any consignments that do not comply with this requirement will be turned back at the ports, a senior official from Dubai Municipality’s Food Control Department told Emirates Business.

“Arabic labelling has been made compulsory for all food products coming to UAE ports for local consumption or re-export,” said the official.

“We have advised all food traders to comply with the Arabic labelling requirement because some products are entering the country without proper labelling.

Traders have to comply with the new guidelines within the first three months of 2008.

“While many traders follow the Arabic labelling requirements, some supermarkets and hypermarkets still display food products without the correct labelling.

“After the three-month notice period such food products will not be allowed entry into the UAE.”

Last August, Esma introduced the Emirates Quality Mark, or Al Alama, which guarantees that products meet UAE, regional and international standards.

The municipality official said health inspectors would be increasing the frequency of their visits to premises of local food companies – especially those producing dairy products and meat – to ensure they comply with Al Alama requirements.

Production and expiration dates have to be printed on the original package or label – writing the dates by hand or putting them on a sticker are prohibited.

The official revealed that 40 health inspectors were stationed at each of Dubai’s ports to ensure food importers and re-exporters complied with the Arabic labelling requirements.

“For meat, poultry or related products, an original Halal certificate issued by an Islamic organisation approved by the UAE Government is required and import consignments without Halal certificate will be detained at the port.

Traders have been advised to register products with the Food Import and Re-Export System, an e-network covering all the areas regulated by the municipality. These include imports, re-export, label approval, health certificates and food destruction applications and certificates.

The numbers

40 health inspectors are being stationed at each of Dubai’s ports to ensure food importers and re-exporters complied with the Arabic labelling requirements. Source

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Law setting up a body for organisation of events

Vice President, Prime Minister of UAE and Ruler of Dubai HH Sheikh Mohammed bin Rashid Al Maktoum, issued in his capacity as a ruler of Dubai, a law setting up the Foundation for Management and Organisation of Events, at capital AED150 million.

Sheikh Mohammed also issued two decrees appointing HH Sheikh Ahmed bin Mohammed bin Rashid Al Maktoum, as a chairman of the foundation and Saeed Hussein as chief executive. The two decrees become effective from the date of publishing.

The new body will be autonomous in regard to finance and administration. It aims at boosting position of Dubai emirate as a centre for conferences, exhibitions, sports and cultural sessions. The foundation will exclusively represent the emirate in signing agreements with international sports organistations with exception of football and equestrian. It will also set policies and specifications in regard to sports, cultural sessions, as well as conferences and exhibitions within its jurisdiction.

As per this law, the foundation will woo international companies, organisations, agencies, clubs, conferences and exhibitions to invest in Dubai. It will also sponsor human resources in the cultural and sports fields. The foundation will contribute in development of cultural and sports sessions in the emirate through attracting the best world-class experiences and international specifications and standards.

According to article 9, the foundation will be headed by a chairman to be appointed by a decree from Dubai ruler.

The new law annuls decree number 2 of year 1989, which set up Dubai Golf Foundation, Dubai Creek Golf and Emirates Golf Association. Hence, all the agreements and obligations of these annulled bodies will be referred to the new foundation. The employees of these bodies will be referred to the new foundation with all their acquired rights. (WAM)

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Stricter penalties for motorists from March 1

The newly-amended federal traffic law stipulating stricter penalties will be enforced from March 1, revealed a senior traffic official.
Colonel Ghaith Hassan Al Zaabi, Director of the Traffic Department in the Ministry of Interior, said the law stipulates stringent penalties against motorists who drive under the influence of alcohol.

Article 49 of the law stipulates a fine of not less than Dh20,000 in addition to jail term for those indulging in drunk driving, he said.

The same penalty will apply to motorists who flee after involvement in an accident, he added.

In the event of driving without a licence the driver will face a fine of not less than Dh5,000 and prison term of up to three months.

Colonel Al Zaabi added that as per the amended federal traffic law, pedestrians are not allowed to cross the road where the speed limit for motorists is 80km per hour, cautioning that pedestrians must cross the roads only at the areas designated for them.

He clarified that Article 49 states that anyone who will imitate or use the plate numbers of other cars, or even add or deduct to the plate numbers without the approval of the traffic authorities, will be fined not less than Dh20,000, in addition to imprisonment to be decided by the Traffic Department.

He said that under the law, people, who have been ordered by the court not to drive due to certain violations they had committed, are found driving, will have to pay a fine of not less than Dh5,000 or serve a three-month jail.

He said that motorists who attempt to cheat the police officers by giving false personal detail to avert punishments, will be slapped a fine ranging between Dh2,000 and Dh5,000 or three-month jail term.

Col Al Zaabi said Article 38 stipulates that vehicles have to be technically examined upon registration or renewal of registration, adding that owners have the right to submit grievances if they were not satisfied with the results of the examination within 10 days after receiving the results.

People with special needs and vehicles of the federal government and local departments, as well as vehicles of charitable institutions and vehicles used for agricultural purposes, are exempted under the amended law from licensing and registration fees, said Col Al Zaabi. Source

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DIFC To Enhance Arbitration Law

The Dubai International Financial Centre (DIFC) today issued consultation papers to seek comment on a new Arbitration Law, which replaces the existing arbitration law. This proposed Law, which contains a significant number of enhancements, is designed to accommodate and facilitate the set-up of the DIFC's Arbitration Centre.

The proposed changes, drafted in consultation with internationally renowned arbitration practitioners, are aimed at making the Arbitration Law practical and comprehensible to all arbitration practitioners. The proposed arbitration framework, in accordance with international arbitration practices, will make the system simpler, more manageable, and therefore more attractive to the international community, according to a press release from DIFC.

Dr Omar Bin Sulaiman, Governor of the DIFC commented: 'As the DIFC continues to be a catalyst for regional economic growth, development and diversification, we are committed to improving and expanding the products and services available in the region. The proposed Arbitration Law will ensure that companies in the region will have an expeditious, cost effective alternative to expensive, time-consuming dispute settlements through the courts.' One of the main changes to the newly drafted DIFC Arbitration Law is the adoption of the UNCITRAL Model Law, with amendments aimed at improving its provisions. Another important change is specifically set to widen the scope of arbitrations which the law governs, to include all types of arbitrations and parties opting to arbitrate at DIFC.

In drafting the new law, all aspects of legislation necessary to accommodate the unique set-up of the DIFC jurisdiction and legal framework were taken into consideration, as well as the importance of overcoming hurdles presented by the region's unique market conditions and dynamics.

The proposed DIFC Arbitration Law is being posted on the DIFC web-site on February 17 for a period of 30 days for public consultation. (WAM)

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New rules for Dubai lawyers

The amended rules for practising law in Dubai, approved by the Lawyers Committee at Dubai Courts, has come into effect.

Now, non-nationals who want to practise law in Dubai should have a degree in law or Shariah, which would be scrutinised by the Ministry of Higher Education and Scientific Research.

Under the rules, the applicant should enrol himself in the lawyers’ register at the Ministry of Justice, and must have an experience of not less than 15 years. Application for enrolment in the register must be accompanied by a request from an Emirati advocate or the owner of the law firm, expressing his desire to have the expatriate’s name registered.

The lawyer’s name will be struck off from the register in the following situations, both for local and expat lawyers: If the national advocate, the owner of the office or the law firm requested the authorities concerned to strike off the particular lawyer’s name; if the Emirati or expat lawyer ceases practising the profession or does not show up at courts for six consecutive months without acceptable excuse; or if the lawyer fails to renew licence within 30 days of its expiry. Source

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Intellectual property rights law to protect UAE folklore

The UAE could benefit from its folklore and tradition being protected by intellectual property rights legislation, according to an expert from the World Intellectual Property Organisation (WIPO).

WIPO Arab Bureau counsellor Samer Al Tarawneh was speaking on the sidelines of the Fourth Global Congress for Combating Counterfeiting and Piracy held at Madinat Jumeirah conference centre in Dubai. The congress concluded yesterday.

Tarawneh said there was strong concern within the Arab world and WIPO for the protection of its tradition and folklore, but it was also a matter which required considerable discussion and ground work.

“Only a few have come forward and have provisions within their legislation. Oman, Tunisia and Yemen. The UAE is interested but nothing is reflected within their legislature yet,” Tarawneh said.

The various countries involved had a difficult task in discerning what traditional knowledge was distinctly their own and what was shared between countries.

“Member states should try to identify their folklore and traditional knowledge before they establish what they’d like to protect,” he said.

The identification of the countries’ unique folklore, including music and dance, was a field nearing finalisation. “The big debate is when it comes to traditional knowledge of pharmaceuticals,” he said.

Tarawneh said throughout the world difficulties arose in ensuring pharmaceutical companies paid due credit to any knowledge of local methods or plants.

Tarawneh stressed IPR legislation could not only protect traditional knowledge but could be hugely beneficial to the economy such that local knowledge could generate profits.

He used the example that a company could cash in on its trademark and in the same way, good IPR legislation could achieve the same for folklore and tradition. Although the UAE doesn’t have legislation as yet, he said the government was leading the way in advancing Intellectual Property Rights which had been recognised by the world congress being held in Dubai and outside Europe for the first time.

Tarawneh said WIPO had conducted many meetings and training seminars in the UAE and several residents had been trained to become IPR Arab experts.

Additionally Dubai Customs had established a unit specifically for dealing with IPR, the first such unit within the Middle East, and was complementing a similar team within the Ministry of Economy.

In the first half of this year a seminar would be conducted for judges and prosecutors.

“The UAE is working hard towards this,” Tarawneh concluded. Source

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Abu Dhabi to relax foreign ownership laws

Abu Dhabi plans relax ownership laws to allow foreign investors to take larger stakes in industrial projects as the government looks to spur the emirate's economic boom.
Jaber Al Khaili, CEO of the Higher Corporation for Specialised Economic Zones (Zones-Corp), said on Sunday new legislation will be issued in the next few days that will increase foreign ownership in certain sectors "considerably", quoted UAE daily Emirates Business 24/7.

“The current 49% will be considerably increased in sectors that are most in need of foreign investments. Our aim behind this is to give a strong push to the industry in Abu Dhabi,” he told the newspaper at the Abu Dhabi Economic Forum, without giving details of sectors would be affected
However, Al Khaili ruled out 100% foreign ownership, stating it was "impossible" at the moment.

"...there are good percentages that will considerably attract foreign investments. We will attempt to provide all factors of success for foreign investment," he said.

"There are important industrial sectors that need to significantly raise the percentage of possession.”

The legislation is part of the government's efforts to encourage investment in the emirate as it looks to spend $200 billion transforming the capital into an ultra-modern city over the next 12 years, under its Abu Dhabi Plan 2030 development strategy.

The government on Sunday outlined a new five-year strategy, part of the Abu Dhabi Plan, that will see $28 billion invested in education, transportation and oil and gas.

“In the next few years, billions of dollars are projected to be pumped in to the economy and currently over $10 billion is being injected into infrastructure projects, including the expansion of Abu Dhabi International Airport, the UAE University and Khalifa Port and Industrial Zone,” Nasser bin Ahmad Al Suwaidi, chairman of the Abu Dhabi Department of Planning and Economy, told the forum.

Al Suwaidi said that around $18 billion would also be invested in enhancing refining capacity, besides expansion in oil producing and distribution projects.

Speaking at the forum, Abu Dhabi Chamber of Commerce and Industry President Salah Al Shamesi said foreign investment in the emirate was a major force driving economic growth.

Al Shamesi said Abu Dhabi's economy is expected to grow between 8.2 and 13% over the next few years.

He attributed the rise to the emirate's gross domestic product (GDP), which is expected to hit almost 600 billion dirhams ($163.4 billion), he said. Source

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Draft arbitration law ready

The UAE Ministry of Economy has completed the draft federal law on arbitration and the implementation of arbitral awards.

The draft law complements the efforts of the ministry to modernise economic and trade laws and legislation to keep pace with current and future national economic growth, the Press release said.
The draft law, prepared by the MoE in cooperation with the Ministry of Justice, is expected to be ratified and issued within the next three months.

The law will establish provisions for domestic and international arbitration in the UAE and will enforce arbitral awards consistent with international obligations, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention. Source

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The Consequences of Fame

Architecture follows money.

But is it only the architecture?

Over the last 40 years Dubai has transformed from a quiet trading town to a thriving international metropolis. The relative speed with which the emirate has reinvented itself is a testament to its liberal business and neutral political philosophies. Expatriate workers make up an estimated 90% of the population as the figure is expected to reach 5m, lowering the amount of UAE nationals to 1% by 2020.

During the last few years the relations between the UAE and the West, in particular the USA are growing, based on strong and deep historic background as the US was one of the first countries that recognised the UAE federation when launched in 1971 and UAE is a major trade partner to US in the Middle East.

The influence of Western civilization is felt on all aspects of life.

In September 2007 Associated Press reported that a Lexington attorney has filed a lawsuit against a United Arab Emirates leader over the use of thousands of children to ride racing camels.

The filing come two months after a federal judge in Miami dismissed a similar suit, saying the case didn't belong in an American court.

According BBC Dubai's ruler has been accused of enslaving thousands of young children for camel races in a class-action lawsuit , while the use of child camel jockeys was banned in U.A.E. 13 years ago.
The lawsuits were brought under a two-century-old law known as the Alien Tort Statute, which allows foreigners to sue in U.S. courts in certain circumstances.

Dr. Habib Al Mulla, who represents the Dubai ruling family - Al Maktoum, called the lawsuits baseless in a written statement.

On December 10th 2007 Reuters reported that the founder and former CEO of the Dubai International Film Festival (DIFF) filed a multi-million dollar lawsuit against two senior officials of the festival "for their deplorable and despicable behavior," charging they illegally conspired to engineer his ouster-after which they tried to ruin his reputation by branding him a "racist" and an "Arab-hater," despite the fact that he had lived and worked in the Arab world for 10 years.
The suit charges them with defamation, intentional interference with contractual relations, intentional infliction of emotional distress, and conspiracy for forcing DIFF founder and CEO Neil Stephenson's exit last February from the film festival that he originated and turned into the most prestigious event of its kind in the Middle East.
Stephenson is seeking at least $5 million in compensatory and punitive damages from both defendants.

On February 1st, 2008 the Financial Times wrote that a US real estate developer is suing a Dubai Government firm for $1bn in damages, claiming its investment in a project in the emirate’s property boom was unjustly cancelled amid a contractual dispute.
The developer, Capital Partners, had in July 2005 made what was planned to be one of the largest foreign investments in the region’s business hub, when it announced plans for River Walk, a mixed-use $1bn project in the busy Internet business park located on prime land near the trunk of the reclaimed Palm Island.
But the deal soon turned sour amid recriminations over the legal title of the plot on which the US developer planned to build apartments, hotels and offices.
The dispute is now in front of the Dubai International Arbitration Centre – a test case for foreign investors seeking to resolve contractual disputes under the centre’s new regulations passed last year to create a level legal playing field for foreign businesses in conflict with local interests.

The United Arab Emirates is a dreamland for many businessmen and professionals around the world, as provides steady work, big fees, bold possibilities and in most of the cases, opportunities larger than any they might find on their home turf.

(by Gergana Mineva, Editor)

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