Understanding Commercial Law In The UAE Helping you successfully understand the UAE legal system 10 – 13 November 2013 Kempinski Hotel, Mall of the Emirates, Dubai, UAE
3 Key Business Benefits 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
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The George Washington University School of Business, IIR 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 IIRME/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 exam 2. Successful completion of the course assessment Delegates who do not meet these criteria will receive an IIRME 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.
Would you like to run this course in-house?
The in-house training division of IIR Middle East Tel: +971 4 407 2624 • Email: CTS@iirme.com www.iirme.com/cts
T: +971 4 335 2437 F: +971 4 335 2438
About Your Expert Course Leader 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 16 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. IIR's Understanding Commercial Law In the UAE course will help you understand the laws that affect your business. This course will help you to be better equipped to handle unforeseen situations that could arise within your work place, as 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.
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.
W: www.iirme.com/commerciallaw
Understanding Commercial Law In The UAE 10 – 13 November 2013 • 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? Different Views On Contracts • “Common law” tradition • UAE law - Islamic law - Egyptian law - French law
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 Interplay Between Employment Status And Visa Status • Working on a visit visa • Visa transfer Special Issues For Foreign Countries: Interplay Between Local Law And Home-Country Law • Discrimination • Tax • Data protection • Pension/social security
T: +971 4 335 2437 F: +971 4 335 2438 E: register@iirme.com W: www.iirme.com/commerciallaw
Understanding Commercial Law In The UAE 10 – 13 November 2013 • Kempinski Hotel, Mall of the Emirates, Dubai, UAE 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
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 In The UAE • Dubai • Abu Dhabi • Sharjah Current Property Law Issues In The UAE • 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/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
Protecting Employer Data And Confidential Information • Non-compete clauses • Confidentiality clauses • Non-solicitation clauses • The NOC • Best practices
T: +971 4 335 2437 F: +971 4 335 2438 E: register@iirme.com W: www.iirme.com/commerciallaw
Understanding Commercial Law In The UAE 10 – 13 November 2013 • Kempinski Hotel, Mall of the Emirates, Dubai, UAE FIVE WAYS TO REGISTER IIR Holdings Ltd. P.O Box 9428 Dubai, UAE
+971 4 335 2437 +971 4 335 2438 register@iirme.com
www.iirme.com/commerciallaw
DISCOUNTS AVAILABLE FOR 2 OR MORE PEOPLE CALL – +971 4 335 2483 E-MAIL – a.watts@iirme.com WEB BC4933 Event
Course Fee Before 25 August 2013
Course Fee Before 15 September 2013
Final Fee
US$ 3,895
US$ 4,395
US$ 4,695
Understanding Commercial Law In The UAE 10 – 13 November 2013
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Course fees include documentation, luncheon and refreshments. Delegates who attend all sessions and successfully complete the course assessment will receive an IIRME/GW Certificate of Completion.
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Event Venue: Kempinski Hotel, Mall of the Emirates, Dubai, UAE Tel: +971 4 341 0000 Accommodation Details We highly recommend you secure your room reservation at the earliest to avoid last minute inconvenience. You can contact the IIR Hospitality Desk for assistance on: Tel: +971 4 407 2693 Fax: +971 4 407 2517 Email: hospitality@iirme.com © Copyright I.I.R. HOLDINGS B.V.
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