An overview of UAE agency law

UAE Agency law impacts upon many different aspects of commercial life in the United Arab Emirates. The governing law, Federal Law No 18 of 1981 (the Agency Law), is extremely broad and captures commercial activities ranging from a classic principal/agent relationship to franchising and distribution agreements. The Agency Law is a framework that serves to champion the rights of the local commercial agent, normally at the expense of the (typically foreign) principal. Continue reading “An overview of UAE agency law”

Those rebellious Scots again: the Supreme Court and the Scottish Government

Whether it’s voting rights for prisoners or so-called ‘super-injunctions’, the Scottish media has over the past few months been full of commentary about the impact of the European Convention on Human Rights (ECHR) and the application of Strasbourg jurisprudence in the Scottish and UK courts. Why, it is argued by some, should the distinct British constitutional arrangement and its legal systems, with their long history and unique nature, be subject to a court staffed by judges from very different legal traditions? Continue reading “Those rebellious Scots again: the Supreme Court and the Scottish Government”

Simplification and reduction of burdens for Dutch companies with share capital

In the near future some significant changes will be made to Dutch corporate law, with the chief aim of achieving greater simplicity and reducing the burden for businesses.

This article will discuss several expected changes that will specifically affect private companies with limited liability (BVs) and public companies with limited liability (NVs). Some of these changes will take effect in the near future. Continue reading “Simplification and reduction of burdens for Dutch companies with share capital”

Simplification and reduction of burdens for Dutch companies with share capital

In the near future some significant changes will be made to Dutch corporate law, with the chief aim of achieving greater simplicity and reducing the burden for businesses.

This article will discuss several expected changes that will specifically affect private companies with limited liability (BVs) and public companies with limited liability (NVs). Some of these changes will take effect in the near future. Continue reading “Simplification and reduction of burdens for Dutch companies with share capital”

Mosley v United Kingdom [2011]: super-injunctions and Article 8

The European Convention on Human Rights (ECHR), drafted in the immediate wake of the Second World War as a bulwark against the resurgence of fascism and the spread of Stalinism, guarantees certain fundamental human rights. The European Court of Human Rights (ECtHR) which adjudicates on ECHR, offered first signatory states, then, in the mid-1970s, individual complainants, a higher appellate body for challenging judicial decisions of the highest national courts. Continue reading “Mosley v United Kingdom [2011]: super-injunctions and Article 8”

Throttling net neutrality?

Streaming video recently overtook peer-to-peer networks to become the largest single category of internet traffic, according to Cisco’s Visual Networking Index.1 This is a key reason why global internet traffic has increased eightfold over the past five years.2 With expected further dramatic increases in data traffic (Cisco estimates that internet traffic will increase fourfold over the next five years3) due to the growth of internet protocol television and 4G mobile services and the emergence of traffic management technologies such as ‘deep packet inspection’, which has increased the ability of network operators to prioritise certain types of traffic, the debate concerning net neutrality is becoming even more prominent. Continue reading “Throttling net neutrality?”

UAE strata law: enforcing the rights of owners’ associations

On 31 December 2007, Law No 27 of 2007 (concerning ownership of jointly owned property in the emirate of Dubai) was published in the official gazette, which came into force on 1 April 2008.

Jointly owned property (JOP) is the term used to describe a building or land that has been divided into units and where part of the land is designated as common areas (Article 2 of Law No 27). Continue reading “UAE strata law: enforcing the rights of owners’ associations”

Fishing from a jetty? Relevance and disclosure in property disputes

A hypothetical transaction lies at the heart of most valuation exercises, whether a capital valuation or a rental valuation. The parties must address a negotiation on assumed facts, based on ground rules set out in the lease or other contract and in case law.

An issue that presents itself is whether documents and information held by one party but not the other are relevant and ought to be disclosed to that other. The question is then turned round and the party against whom disclosure is sought asks: ‘How can these documents or information be relevant if they were not known to you?’ Battle is joined. Continue reading “Fishing from a jetty? Relevance and disclosure in property disputes”