Case Studies
Misleading Trademark in UAE with Special Reference to Red Bull Case of UAE
Misleading Trademark in UAE In this modern era trademarks are not just considered as plain marks. In order to create a brand name and gain goodwill in the market, trademarks play a vital role. It helps in increasing brand value among the customers who recognizes the product through its trademark and this ultimately results in the revenue generation. Nowadays, everyone tries to gain reputation in the market against their competitors in order to make more money and for that purpose some businesses have started using fake or misleading trademark which … Read more Misleading Trademark in UAE with Special Reference to Red Bull Case of UAE
Protection of Well- Known Trademark in UAE with Special Reference to Harrods Vs. Harrods Case
As the UAE Federal Trademark Law (37/1992, as amended by 8/2002) in its Article 4 provides for the protection of the well- known Trademarks along with the conditions which constitute a mark to be well- known at international level. The UAE Courts have taken great steps in protecting the rights of well -known trademark owners with respect to unregistered mark in UAE. As per the UAE trademark law, exclusive protection in case of the infringement of a trademark is provided to the registered user in the form of criminal remedies. … Read more Protection of Well- Known Trademark in UAE with Special Reference to Harrods Vs. Harrods Case
Laws and Rules for Expats Seeking Divorce in UAE with Special Reference to Sandip Shankarlal Kedia Vs. Pooja Kedia Case
Expatriates living in the United Arab Emirates (hereinafter UAE) are often get confused with respect to the jurisdiction of the court applicable to them in order to decide their divorce matter. This is the main concern for the expats, as they are unaware of the local laws and the procedure followed in UAE for obtaining a divorce. Now, let us understand the rules and laws which are applicable to the expats in order to seek a divorce in UAE with special reference to an Indian case wherein the couple solemnized … Read more Laws and Rules for Expats Seeking Divorce in UAE with Special Reference to Sandip Shankarlal Kedia Vs. Pooja Kedia Case
Void Marriage under Sharia Law – an Analysis with Special Reference to a UAE Case
As per Islamic law, marriage is considered to be a sacred bond between husband and wife and it is in the form of civil contract. However, there are certain conditions that need to be followed so as to call a Muslim marriage a valid one. In the absence of any of these conditions, such marriage becomes void marriage or sometimes even void ab initio (void from its beginning). A void marriage is having no existence in the eyes of law and it does not create any legal rights or obligations … Read more Void Marriage under Sharia Law – an Analysis with Special Reference to a UAE Case
‘The Court of Dubai ‘ or ‘Dubai Courts’ includes both DIFC and Non-DIFC Courts- Recent Judgement in Ashok Kumar Girl & Others vs. Credit Suisse (Switzerland)Ltd.
In a very recent judgement by the DIFC Court of Appeal in Ashok Kumar Goel & another (Appellant) v. Credit Suisse (Switzerland) Limited (Respondent), [2021] DIFC CA 002 dated 26 April 2021, confirmed that the terms “the courts of Dubai” in a jurisdiction clause of an agreement might be interpreted as a valid opt-in to the DIFC Courts’ jurisdiction under Article 5 (A) (2) of the Judicial Authority Law…Read more
Multiplex Constructions LLC v. Elemec Electromechanical Contracting LLC (2020) Case Analysis
The DIFC Court has recently passed a judgment in Multiplex Constructions LLC (Claimant) v Elemec Electromechanical Contracting LLC (Defendant). It is a landmark judgement passed by the DIFC Court in the context of the Arbitration Agreement. Justice Al Sawalehi decided the case. The Judgement prohibited Defendant from pursuing further proceedings that had begun in non-DIFC Courts (Court of First Instance, Dubai). This decision guides parties that choose Arbitration as a method of resolving disputes. Once the parties … Read more
Reference to the Arbitration clause in a FIDIC contract does not bind parties to the Arbitration itself: UAE Court of Cassation Landmark Judgement
In a most recent landmark decision, the Dubai Court of Cassation has set a precedent and overturned the Court of Appeals’ decision in the Judgment No 1308/2020 as decided on 03rd March 2021. The Court determined that incorporation of the FIDIC Red Book, which contains the General Conditions of Contract for Construction of Building and Engineering Works (“FIDIC Red Book”), by reference into a contract does not automatically bind the parties to the arbitration clause as contained in the FIDIC Red Book… Read more Reference to the Arbitration clause in a FIDIC contract does not bind parties to the Arbitration itself: UAE Court of Cassation Landmark Judgement
Abu Dhabi civil family court issued a historic order granting sole custody to the father
In a landmark ruling, a non-Muslim expatriate father has been granted full custody by Abu Dhabi’s specialized family court. The court, established in December 2021, was created to cater to the needs of expatriate residents in family-related matters such as marriage, divorce, and child custody. Typically, custody is awarded to the mother until the child reaches puberty. However, the recent ruling granted sole custody to the father, which is rare when the mother is present in court and has requested sole custody… Read more
Dubai courts are urged by the UAE ministry of justice to uphold English court judgments: a significant milestone for creditor
The Ministry of Justice confirmed in a letter to the Director General of the Dubai courts on September 13, 2022, that the Dubai courts can subsequently execute decisions rendered by English courts following the reciprocity principle. The letter follows the decision of the English Court of Appeal in Lenkor Energy Trading DMCC v. Puri [2021] EWCA Civ 770, in which the English courts in England and Wales affirmed the enforcement of a Dubai court judgment….Read more
Applicability of force majeure during pandemic in the UAE: Recent court ruling
Before attempting to rely on a “force majeure” provision in reaction to the Covid-19 outbreak, businesses operating in the United Arab Emirates (UAE) must carefully review the terms of their contracts and brush up on their legal skills. Due to the global coronavirus pandemic (COVID-19), which has made it more difficult for many suppliers and counterparties to meet their contractual obligations, there have been increasing claims and notifications to contracting companies. Companies need…. Read more
Requirements to be satisfied prior to a travel ban in light of a ruling handed down by the Dubai court of appeal
A travel ban is a directive from the authorities to all state ports prohibiting a person from entering or departing a nation following a court or police order to protect individual interests in circumstances like Child Custody (child’s travel ban). If the reason(s) for the ban has not been resolved, the travel ban prevents the individual from leaving the country and results in their arrest upon entry.A father has the authority to ask for a travel ban on his kids under UAE Personal Status Law, barring the mother from moving them outside of the nation…Read more
