The Middle East has seen a quick rise in data protection legislation with
the UAE, Saudi Arabia, and Oman recently issuing independent data
protection laws. In the most recent regional development, the Kingdom
of Bahrain has issued new guidelines on Personal Data Protection Law.
The Kingdom of Bahrain has issued new guidelines to address the
aspects of its Personal Data Protection Law. It focuses on personal data
transfers outside Bahrain, technical and organizational measures to
safeguard personal data, notification techniques, sensitive personal data
handling, guardians of data protection (i.e. DPOs), DPO registration fees,
Privileges of data subject rights, complaints by people, data connected with
criminal claims, and conditions for publicly accessible registers.
This edition of Court Uncourt discusses Property Regulations in Qatar. Qatar is
currently going through a major construction boom. Construction is in progress to
build new stadia, re-develop the roads, build a railway system as well as new
shopping malls, public open spaces, and tourist attractions spots like museums,
galleries etc. The law provides a framework for the protection of purchasers of Off-
Plan Units and to ensure the sale of Off-Plan Units for the construction of the
project.

The epidemic of COVID-19, which has claimed the lives of millions of people in less
than a year, has strangled the world in a way that has never been seen before. The
claims that it is a biological weapon have sparked debate among scientists,
academics, policymakers, and the legal community as an implication. However,
there is still no conclusive proof that it is a bioweapon. Nevertheless, the impact of
COVID-19 has unavoidably brought our attention to a thin line of difference
between a biological weapon and a pandemic. Biological weapons spread
pathogens or toxins to harm or kill humans, animals, or plants. They can be
extremely contagious and deadly. Diseases brought on by such weapons could
quickly spread across the globe and cross national boundaries. The consequences
of the deliberate release of biological agents or toxins by state or non-state actors
could result in the tragic loss of lives which may lead to food shortages,
environmental catastrophes, devastating economic loss, widespread illness, public
fear, and mistrust
This edition of Court Uncourt discusses Environment law in Bahrain. Every nation
on every continent is being impacted by climate change, which is disrupting national
economies and affecting lives. Bahrain is committed to preserving natural resources
and the environment by incorporating the UN General Assembly's Sustainable
Development Goals 2030 into its Government Action Plan and Economic Vision
2030
Likewise, this edition also discusses Labour laws in UAE, Cybersecurity in Saudi
Arabia, Gambling laws around the world, Changes in the UK after Queen Elizabeth’s
demise, New labour laws in India, India- UAE trade pact, GST Law in India, Cryptos
in India, the Difference between UAE’s Golden visa and Green visa
Here at Court Uncourt, we intend to keep our readers updated on the latest legal
developments worldwide.
Thank you, and we hope you have an insightful read.

The Non-Fungible Token (NFT) Market is taking off and a lot more individuals are
creating, purchasing, selling, and trading NFTs. There are many difficulties in this new market and one of the greatest difficulties is the valuation of NFTs. The valuation of NFTs is one major unknown.  What is clear is that an NFT requires
another procedure for valuation, and a superior method for dealing with the digital
asset related to the NFT to maintain that value.
This edition of Court Uncourt discusses The Jointly Owned Property Law in Dubai.
Likewise, this edition also discusses Prior Use of Patented Inventions in India,
Arbitration Framework at Abu Dhabi Global Markets, The New Sports Arbitration
Rules as issued by the Bahrain Chamber of Dispute Resolutions, The New
Securities Law of Oman, Oman Data Protection Law 2022, Dispute Resolution in
Qatar, Non-Fungible Tokens Valuation, India: Protection of Confidential and
Sensitive Information in Clinical trials, Delay in the handover of a real estate unit:
your rights, General obligations of the franchisor in a franchise contract – UAE
We intend to keep our readers updated on the latest legal developments worldwide.

The impacts of climate change altering the source and use of energy by companies
in all sectors are seeking an innovative opportunity to operationalize sustainability.
For example, embedding greenhouse gas emissions and plans with new low-carbon
infrastructure. For this, all that is needed is commitment and accountability,
especially from the global financial systems, including multilateral development
banks and other public and private financial institutions. It must align its lending
portfolios to accelerate the renewable energy transition.
This edition of Court Uncourt discusses The Amendments to UAE Trademark Law. Likewise, this edition also discusses The New Virtual Assets Law of Dubai, NFTs in India, Indian Courts recognize DHL as a well-known brand, Understanding Metaverse in the Indian Context, Establishing a Foundation in the UAE, Enforcing Foreign Awards in China, Development of Blockchain Technology and NFTs in Singapore, Development Finance Under UAE Law, The Permanent Court of Arbitration and Space Law Through this information outlet, we intend to keep our readers updated on the latest legal developments worldwide.
Thank you, and we hope you have an insightful read.

The pharmaceutical industry could be a vital pillar of any healthcare system. The health care regulations cover drug discovery, development, manufacturing, and marketing. The modern era of the pharmaceutical industry begins with drug discovery through scientific research, preclinical and clinical assessments, and drug manufacturing. Recognizing new drug targets and achieving regulatory approval are the ongoing challenges of the pharmaceutical industry. Pharmaceutical companies work with both public and international markets through which they are exposed to specific regulations and healthcare policies governing drug manufacturing, approval, marketing, and sales. The legislations are unique in relation from one country to another depending on the challenges they face. Pharmaceutical is one of the growing sectors across the world.
This edition of Court Uncourt discusses the Setting up a Crypto License in Bahrain, Setting up NFTs in Bahrain, Force Majeure Events and Contract Clauses in the GCC, Understanding Initial Coin O¬ffering and SEC’s Regulatory Regime, Turning a License Network to a Franchise Model. To this note, this edition also focuses on Setting up a Pharmaceutical Manufacturing Company in UAE, Setting up a Pharmaceutical Manufacturing Company in Saudi Arabia, Terminated Franchisee’s Continued Use of Trademark and IP: Legal Options for Franchisors under UAE Law, Russian Sanctions: Updated Guidance on Ownership and Control, Qatar property law: Guide, Buying property in Abu Dhabi?? Read the Dos and Don’ts. We intend to keep our readers updated on the latest legal developments worldwide through this information outlet.
Thank you, and we hope you have an insightful read of this issue of Court Uncourt.

The unpredictable scenario of 2020 paved the way to adopt new technologies in the legal sector. The legal sector over the world adopted new technologies like virtual conferencing, virtual hearings, e-signature, virtual notaries, cloud computing remote working tools filing, and virtual court appearances. The new technology had changed the legal landscape ensuring new applications and services. The pandemic years have proven that the legal profession is ready to adjust to any change at a moment’s notice.

This edition of Court Uncourt discusses the virtual boom in the legal profession. Likewise, this edition also discusses Ignorantia Juris non excusat, enforcing foreign awards in Qatar, Legal Updates to DIFC’s Employment Law, and NFT Regulations in Singapore. To this note, this edition also focuses on various developments in NFT’S and Copyright Protection, Recent Amendments to Singapore Trademark Rules, The New Mediation Law in Qatar, the Recent Update to Hong Kong’s Listing Rules, The impact of Pandora papers, The changes one can expect in Dubai to the legal and investment sector after Expo 2020. Through this information outlet, we intend to keep our readers updated on the latest legal developments worldwide.
Thank you, and we hope you have an insightful read of this issue of Court Uncourt.

Data is becoming more and more valuable with the advancement of technology worldwide. The value of data has increased both economically and in terms of privacy. Further, the prevalence of sophisticated software, spyware and blockchain technology in the new world makes it
essential for countries to enact data protection laws. The UAE’s New Data Protection Law which was issued in September 2021 is a step towards regulating the transfer and possession of data to protect privacy, enable ease of business and prevent cybercrime.

This edition of Court Uncourt primarily focuses upon the salient features of the New Data Protection Law enacted by the UAE, the Personal Data Protection Law of Saudi Arabia, the Intellectual Property Regulations in India and the Abu Dhabi Global Market Data Protection Rules. The articles elaborate upon the features of these new laws and their overall effect on the business and legal regimes in the respective countries and internationally.

The edition further provides an insight into the recent changes in related party transactions in India as amended by the securities market watchdog, SEBI. We also venture into recent changes in financial regulations worldwide, the insolvency regulations in Kuwait are discussed while its scope, objective and implementation are elaborated upon. Thereafter, the regulations relating to decentralised
finance in UAE are examined. 
Moreover, this edition explores the impact of Decree No. 34 of 2021 pertaining to arbitration in the UAE, the regulations relating to Special Purpose Vehicles in Abu Dhabi, inheritance law in the UAE and understanding the rights of buyers while buying properties in Dubai. 
Thank you and we hope you have an insightful read!

Arbitration is a staple Alternative dispute resolution process commonly used around the world. Its benefits are plenty, such as privacy, flexibility, lower costs, and more. The UAE has made significant changes to its arbitration law in the past year. This issue of Court Uncourt includes an overview of the new arbitration laws that the emirate of Dubai has enforced. It is seen that Dubai, through Decree 34 of 2021, has consolidated the arbitration centers in Dubai, intending to streamline the function and control of Arbitration within the emirate.
This article discusses Arbitration in the landscape of UAE as well as Bahrain. In Bahrain, the Model Law of the United Nations Commission for International Trade Law is followed entirely under its arbitration regime.
This edition of Court Uncourt also focuses on Non-fungible Tokens and their intersection with intellectual property as well as the gaming world. These Digital assets are revolutionizing the cryptocurrency space, and it is essential to understand its true impact.
Furthermore, this edition also explores various aspects of the law in the Middle East, such as merger control in Saudi Arabia and the enforcement of trademarks in Saudi Arabia. For Qatar, we discuss foreign direct investments and the enforcement of foreign judgments in the country. In the UAE, a focus is laid on counterfeit products and their illegality.

Additionally, the issue focuses on Fintech and its evolution in the Middle East. Countries such as UAE, Saudi Arabia, Oman, Bahrain, Qatar, Jordan, and Egypt are all discussed in the article. Lastly, we also discuss 'Buy now, Pay Later,' new short-term financing that receives much popularity, and its legality is focused on this issue. Thank you, and we hope you have an insightful read!

With the fast pace of modern life, most artwork is moving into the digital space in the form of NFTs or Non-Fungible Tokens. NFTs are a type of digital asset where ownership of these tokens is recorded on a blockchain, a digital ledger using similar technology to the networks that underpin cryptocurrencies. NFTs have unique qualities which stop them from being interchangeable or fungible. There is a lot of hype about NFTs, so there is a high probability of fraud concerning NFTs. There are several pirated websites where a person Has
gottentrapped in the scam. Fake platforms counterfeited NFTs, replicated websites, and airdrop scams are detected while buying or selling NFTs.
This edition of Court Uncourt discusses NFTs and Fraud surrounding them and Crypto asset regulation in the UAE – A guide. In addition, it also focuses on the UAE Bankruptcy Law by understanding its key provisions, Enforcement of arbitral awards in UAE, and Real Estate regulations in Qatar. Furthermore, this edition also explores various legislations such as Decree 34 of 2021 and
development in arbitration of Dubai, Federal Decree-Law Number 16 of 2021 on factoring and transfer of civil accounts receivable, Federal Law Number 11 of 2021 concerning regulation and protection of industrial property rights, Law 11 of 2021 governing the registration of properties in Ras Al Khaimah, Federal Law Number 6 of 2021 introduces mediation law in UAE. On this note, this edition also discusses the implications of UAE joining the Madrid system in December 2021 and Qatar's commercial companies' law.
Thank you, and we hope you have an insightful read!

Censorship has evolved with the growth of the internet as a space for expression eﬀorts by states to restrict the right to freedom of opinion and expression through vague and broad provisions that are still a frequent occurrence. In jurisdictions around the world, there are laws that can be abused to censor critical voices on and oﬄine. The majority of nations in GCC censor the media. Governments' activities to censor the virtual world in accordance with the moral and religious perspectives of their nations are not without justiﬁcation. The interest in prohibiting resources, especially regarding drugs, pornography, gambling, etc., is not based on political or other claims. Dense groups use social media to organize their movements.
This edition of Court Uncourt discusses censorship across GCC Countries individually.Likewise, this edition also discusses the real estate law in Bahrain post-2021, Sale and Purchase of Real estate in UAE, DFSA's new regulations on investment tokens. To this note, this edition also focuses on various developments caused by UAE Personal Status Law, Madrid Systems for the International Registration of Trademarks, Regulatory land - scape surrounding NFTs, Dealing and Trading with Gold in India, Limitation of liability in Maritime matters, a closer look at Bankruptcy law in China post-2021. We intend to keep our readers updated on the latest legal developments worldwide through this information outlet.
Thank you and we hope you have an insightful read of this issue of Court Uncourt.

With the advancement of science and technology, artificial intelligence algorithms vary remarkably to accommodate various data andassociated problems. It is competent enough to appreciate the desired results without any human intervention. AI-based firms are the key to the future. The solutions provided by them have the potential to unlock an innovative, authentic, and economic prospect. Its usage in the legal industry can contribute a lot to building a new legal arena. Artificial intelligence is also being used to assist lawyers with tasks like online research, document review, and some can even predict the outcome of court cases. This edition of Court Uncourt discusses the impact of Artificial Intelligence on the legal sector along with its application and future concerning the legal industry. It also focuses on the Family Law in GCC and specifies such laws in each GCC country individually.

Furthermore, this edition also explores the difference between the standard law system in the UK and the civil law systems in UAE, the real estate investment sector of the UAE, Arbitration Law in the UAE, and we venture into understanding the concept of Project 5 billion in the UAE.Matching with the pace of dynamic nature of law worldwide, we also look into understanding the potential legal issues that may arise following the Ever Grande crisis in China, changes in Bankruptcy Law in Australia post-2021, the impact of the patent waiver on vaccines. In addition to this, we also provide a brief analysis of company set-up laws in the GCC and a
comparative analysis of sports and IPR.
Thank you and we hope you have an insightful read!

                 Injury claims, amongst other developments around the globe, to provide our readers with a fresh perspective. More specifically, the issue of Psychiatric Injury claims has been addressed in great depth by means of a guidance article. The guide sheds light on the importance of acknowledging psychiatric injury and the procedure to file claims for it.
                
Likewise, this edition also discusses the Pact between Australia and UK regarding Mutual Professional Recognition for Lawyers. To this note, this edition also focuses on various developments caused by global shifts, such as the changes one can expect in Dubai to the Legal and investment sector after Expo 2020 and the restructuring of Qatar's Shura Council. We have also attempted to decode the legal opportunities and pitfalls with Turkey's new canal tosubstitute the Bosphorous.

           Through this information outlet, we intend to keep our readers updated  on the latest legal developments worldwide. Thank you, and we hope you have an insightful read of this issue of Court Uncourt.

This edition of theCourtUncourtfocuses on dataprotection, company law, and liability claims. Morespeciﬁcally, the issue of insurance-related liability claims has been addressed in great depth by means of aguidance article. This piece on insurance liability sheds light on the processes and steps behind beginning a claim under insurance liability in the UAE.
Moreover, upon duly considering the global shifts, as a result of geopolitical strategies and the pandemic, it has been recognized of great importance to touch on data protection and how the UAE has manoeuvred itself towards more arduous data protection schemes through entities like the ADGM.
Likewise, this edition also discusses critical debrieﬁng areas of the law of signiﬁcant importance to businesses, both in the UAE and globally. To this note, this edition also focuses on the consequences of violating a franchise contract. Likewise, this court uncourt also focuses on the impact of digital implements on copyright. This is especially important in the economic sense,as most businesses rely on protecting their interests and trade secrets through the copyright mechanism.
Simultaneously, in addressing global shifts, it is essential to recognize the role of the ﬁnancialaction task force (FATF) in curbing money laundering, its beneﬁciaries, and state sponsors.Therefore, in recognizing the FATF’s positive role in contributing to the global free market, this edition focuses on its functions and positive role.

Presently, the most commonly traded cryptocurrencies are Bitcoin and Ethereum. More speciﬁcally, Ethereum and its blockchain support the transactions of non-fungible tokens (NFT’s), which are essentially tokenized assets that are non-fungible and non-duplicable. To this note, the aforementioned have been amply elaborated upon through the medium of this newsletter,heeding to the polarizing changes in the crypto space.
Alternatively, the UAE has been making notable strides in revamping its laws around investments and business contracting more conducive within the country. To this note, the UAE has been stead-fast in revising its licensing regimes in and around foreign direct investments within the coun-try. Additionally, this newsletter touches on the more recent amendments to the sub-contract-ing sector within the UAE. Moving away from the regional industry, it has been notable to follow the developments in Singapore surrounding its bankruptcy laws. These laws can beheavy hitting on many fronts and have been elucidated upon through this monthly update.Likewise, having assessed intra-national instruments of law, it is imperative to shed light on international agencies on law and legal recourse. To this note, the international criminal court plays a vital rolein maintaining the balance by positioning itself as a neutral and accountable source of justiceon criminal matters of global concern.
Another matter of grave international concern is recognizing the need to enforce legislationpertaining to animal welfare and curbing animal cruelty. Finally, despite discussing the plethoraof topics of current and global concern, the legal team at STA has gone above and beyond to alsotouch on the impacts of the Russian anti-trust law in this month's CourtUncourt publication.

UAE has always been one of the first pioneers in adopting the newfangled practices across the globe. One of such being the exchange and regulation of Non-fungible tokens (NFT) in the region. NFT is an electronic commodity that reflects various works in reality such as arts, in-game goods, music and movies etc. Various virtual exchange companies dealing with blockchain technologies in the region deal with NFTs with the rising demand and popularity in UAE.
With the UAE securities and commodities authority’s announcement intimating the region of their intention to create a new regulatory framework for crypto-asset licensing in November2020, other authorities centric to certain freezones have taken cue and made similar announcements. It is evident that with the new upcoming regulations in place, UAE will be one the first safe havens for the transactions of NFT, a trend that is clearly here to stay. We, at STA, intend to
help our readers understand the know-how to participate in this lucrative trend in UAE.
In this issue of Court Uncourt, our lawyers will elaborate on an array of legal matters
including a guide to establishing NFTs in UAE. Bitcoin mining, International Cyber-attack and consequences, Explaining Cryptocurrency’s ransomware problem, The International Criminal Court and when it comes into play, Licensing procedure of FDI projects in UAE, Subcontract works under UAE law etc.
Through this information outlet, we intend to keep our readers updated on the latest legal developments around the world. Thank you, and we hope you have an insightful read of this issue of Court Uncourt.



The growth of foreign direct investment (FDI), or investment by transnational businesses or multinational companies in foreign countries to control assets and oversee production activities, has been a remarkable characteristic of the global economy in recent decades. Investments are fundamental to every developing country's economic growth, asset accumulation, and infrastructural development. 
Direct investment in an economy indicates a good trend in investment, which eventually leads to a rise in the country's GDP and economic growth. The methods for generating economic growth and FDI's signiﬁcance in economic growth have been discussed at length in this edition of Court Uncourt along with the recommendation policies to attract FDI. 
This edition ofCourtUncourtalso explores in detail the overarching legality of E-gaming in the UAE. Also, remove 'squeezing out' and add 'the Anti-bribery compliance in Turkey. We also venture into the legal impediments of Variation to work about Construction Contracts and the Digital Millennium Copyright Act's Applicability. 
Keeping up with the change in Civil Law' worldwide, we also look at the impacts of exchange-traded funds, impacts of early Termination of Tenancy Contracts in the UAE. And "ﬁnally, the legality of bitcoins and other cryptocurrencies worldwide. 
Furthermore, we also provide an insight into the challenges and opportunities presented during the closure of business in the United Arab Emirates and Regulations of the pharmaceutical industry in Turkey. Conversely, looking into bounced cheque laws in the UAE. 
Thank you, and we hope you have an insightful read!


framework. Furthermore, it will be advisable for directors to clearly define their liabilities and seek to measure the risk so that they
can contribute more effectively to the growth of the company, economy, and nation as a whole. It is critical to note that when an individual is appointed as a director under the Companies Act, his responsibilities as a director are not limited to violations of the Companies Act; he is also liable for violations of numerous other statutes. As a result, when serving as a director of any business, it is critical to ring-fence the liabilities and attempts to hedge them. The rule and its applications of the Indian Contract Act, 1872, have
been discussed at length in this edition of Court Uncourt along with Supreme Court Decisions on cases
pertaining to liquidated damages.
This edition of Court Uncourt also explores in detail the Liability Lawsuits, squeezing out minority and invalidation of Board/Shareholder decisions under Turkish law. We also venture into the legal impediments of incorporating a Business, compensation in a Force Majeure event and software patents in the UAE. 
Keeping up with the changes in the corporate sector worldwide, we also look into the duties and liabilities of directors in Ireland, regulatory framework of mergers in Russia and UK tax consideration for short term business visitors.
Furthermore, we also provide an insight into the challenges and opportunities presented while doing business in Saudi Arabia. Conversely, looking into the exit strategies in case individual wishes to exit a family  business.
Thank you, and we hope you have an insightful read!

In India, joint ventures are a popular way of doing business. The bulk of foreign direct investments are made by joint ventures. As the name implies, a joint venture is a partnership arrangement in which two or more parties intend to contribute and collaborate toward investments in the operation of a business with the aim of achieving a commercial goal. There are many examples of joint ventures in
the Indian economy where Indian and foreign companies have collaborated to conduct joint venture business. This can be seen in industries such as banking, telecommunications, and real estate. Businesses are looking beyond their own boundaries to succeed in the global marketplace in almost every industry. This also entails searching out international partners with whom to form
strategic alliances in order to pool their commercial strengths and capital.
In addition to that, we discuss the joint venture laws in Singapore and the UAE in comparison to India at length in this edition of Court Uncourt. This edition of Court Uncourt also explores in detail the UAE's criminal procedures for theft and trial procedures in general, the Dubai rail regulations, and we also venture into the divorce process for the non-Muslim residents in the UAE. To keep up with the pace of innovation, we also look into the Collection of Personal Data of Hotel Guests in the European Union and its effect on the data privacy of the guests, the future of forensics and patent registration in Israel.
Furthermore, we also provide an insight into the new Anti-Commercial Concealment (veiling) provisions in the Kingdom of Saudi Arabia and, likewise, looking into the Income Tax laws in Israel. Thank you, and we hope you have an insightful read.

Worldwide, the contribution of the mining sectortowards economic growth cannot go unno-ticed. In many jurisdictions, like India, mining plays a signiﬁcant role in the economic sector. India being amajor exporter of minerals, ranks ﬁfth in terms of volume of production among mineral-producing countries. The mining industry accounts for about 2.4 percent ofIndia's GDP. Considering the contribution of the mining sector to the economy, it becomes important todiscuss the central and state policies that regulate the industry.
The legal framework surrounding the coal and mining sector in India has evolved over the years. Thisedition ofCourtUncourtdiscusses the Mines and Minerals (Development and Regulation) Act, 1957along with the challenges, concerns and criticism faced by the Mining industries in India. Initially, theregime was more socialist in nature for the promotion of foreign and private investment. The Centralgovernment has consolidated its control over the mining industry. In 2006, it allowed for 100 percentforeign direct investment for mining and exploration of precious metals and stones.
This edition ofCourt Uncourt also explores in detail the Overlapping of Trademark and Design rights inIndia, third-party funding, and managed stablecoins as per Securities Act of 2019, and we also ventureinto the understanding of Smart Contracts and Blockchains.
Keeping up with the changes in diﬀerent areas of law worldwide, we also look into Insurance andReinsurance in Lebanon Final and The Singapore Convention on Mediation.
Furthermore, in regards to UAE, we also provide an insight on the Leasing Law in DIFC, Legal Entitlement to theinterest under UAE Law and its applicability and also about the Redundancy under the labour laws in the UAE.Thank you, and we hope you have an insightful read!

The past decade has been a turning point in the ﬁeld of technol-ogy. Blockchain as a technology has changed the manner inwhich we carry out ﬁnancial transactions, the invention of this technology arises out of a combination of mathematical concepts andnumerical techniques. The use thereof for making ﬁnancial transactionshas aroused a great deal of public interest right from  making payments, issuing bonds, registering land or even in case of smart contracts has played a signiﬁcant role in gaugingthe people into widely accepting and using this technology.
The basic ingredients of Blockchain mainly includes asymmetric cryptographic functions which ensuresthat transactions are safe from fraud, forgery proof and are concluded in a timely manner.
The alternative applications to blockchain have been discussed at length in this edition of CourtUncourt along with its legal implications in UAE and other such jurisdictions.
This edition ofCourtUncourtalso explores in detail, disclosure requirements for ultimate beneﬁciariesin UAE, legal implications of tri-partite agreements in the said jurisdiction and we also venture intounderstanding the impact of undue inﬂuence & duress and backdating with regards to contracts.Keeping up with the changes in diﬀerent areas of law worldwide, we also look into transfer pricingregulations in the Middle East, changes and relaxation of compliance regulations in India and the recentpeace deal struck between Israel and UAE leading to the abolition of Federal Law Number 15 of 1972.Furthermore, we also provide an insight to the challenges and opportunities presented while doingbusiness in Saudi Arabia. Conversely, looking into the exit strategies in case an individual wishes to exit afamily business.
Thank you and we hope you have an insightful read!

Government bodies across the globe implement fiscal policies to stimulate the economy positively; the most popular
means of positively influencing the economy is taxation. In keeping with the aim of promoting economic relations and preventing tax evasion in the country, UAE has entered into treaties with over a 100 countries to avoid double taxation, making UAE an attractive investment hub for foreign investors. The Double Taxation Avoidance Agreement or DTAA is an international tax agreement that ensures that an individual or entity from any signatories to the agreement is not taxed twice on the same earnings. The rationale behind this is that the taxpayer's sovereign or home country has the primary and inherent right to impose a tax on the earning of the taxpayer regardless of whether the earnings arise out of occupation in another country.
This edition of CourtUncourt primarily focuses on the DTAA between UAE and India, the benefits that each country derives out of the treaty and the complications associated therewith. Further, we also focus our attention on judicial precedents that enable us to tackle and clarify the confusion surrounding the topic. 
Further, this edition also explores, in detail, judicial precedents surrounding GST & the unilateral appointment of an arbitrator in India, the rise of non-performing assets, remedies available to an aggrieved consumer in case of deficiency in services, bankruptcy laws in different jurisdictions and the consequences of concealing assets. In addition to this, we also dive into criminal responsibility attached to inchoate crimes and amendments to different laws such as freehold ownership laws in Abu Dhabi, laws governing interest over movable assets in UAE and the introduction of regulations concerning issuing and offering crypto-assets in UAE.
Thank you, and we hope you have an insightful read!

Operating a business anywhere across the globe is a challenging yet rewarding feat. The fruits you reap from undertaking any business venture outweigh the risk involved thereof. It becomes imperative for a business owner to be well versed with the region within which he is desirous of
conducting such activities which includes knowledge about the market conditions, federal and local regulations and laws, future business prospects and projections and so on.

In the gulf region, businesses were mainly focused on activities in the maritime sector or oil and gas industries; however, in recent years, these countries are branching into and expanding their scope of conducting business activities into different sectors with a view to improve the economy and secure a key position in the global market. One such country in the Middle East that is expanding the scope of business activities is the Kingdom of Saudi Arabia.

This edition of Court Uncourt explores, in detail, the aspects of doing business in the Kingdom of Saudi Arabia and throws light on the Rules and Regulations for setting up a company, procurement of licenses, employment and labor laws and other aspects associated therewith.  Further, this edition also discusses new laws and amendments to old laws, such as income tax laws, insolvency laws, mining laws, and financial support funds in different jurisdictions. Moreover, it also discusses regulations pertaining to crypto asset regulations, termination of sale-purchase agreements, and enforcement of international arbitral awards, the importance of confidentiality in international arbitration and the relevance of artificial intelligence in the realm of criminal justice. Thank you, and we hope you have an insightful read!

Machines are increasingly playing a crucial role in corroborating facts during legal disputes. Some machines convey information, for instance, camera photography and recordings or the opinions of expert systems. When a litigant offers a human witness for its truth, the law subjects it to testimony, such as perjury and the hearsay rule, which aids the jury to assess the credibility of the witness. But
what about machine conveyance? It is often confusing when the courts shoehorn them as "hearsay," or as "actual evidence". It is intellectually incoherent and challenging to assess the credibility of the machine as a witness. So, how can a machine be a witness? Can the acceptance of machine as a witness benefit the law of testimony more broadly? There is a transpose from a human to machine-generated proof which some scholars believe has enhanced the accuracy and objectivity in fact-finding. However, there have been cases where different experts have reached different opinions on the same machine evidence. Does the machine testimony, in fact, pose problems for the law of evidence? This edition of Court Uncourt seeks to resolve this confusion and offer a coherent framework for conceptualizing and regulating machine evidence and also explains the Telecommunication and Media Law.
This edition also throws light on Saudi Arabia’s Regulations and Requirements for Setting up a Company in SAGIA, its Mortgage Agreements and the New Professional Companies Law of Saudi Arabia. Thank you, and we hope you have an insightful read!

Iraq’s oil wealth had paved the way for the nation toearn an elite social status amongst other MiddleEastern countries but its poignant socio-economic product mimicked that of a perilous low-income coun-try. Being a resource rich country, with a great demandfor capital and a small population, Iraq can tap intoforeign investments that will aid in fostering the econ-omy and boosting it to reach its potential. The latentbeneﬁts of foreign investment in a developing country like Iraq go beyond the introduction of new capital. A broader avenue for export opportunities,attracting new businesses which have successful and established bases in various other marketsand the prospect of increased innovation and competition forges a strong case for foreigninvestment in Iraq. Nigeria is another such nation that has an immeasurable amount ofuntapped resources yet to be exploited to their full potential. Immense opportunities areavailable in industries like consumer goods, natural resources, tourism and entertainment.Foreign investment will boost the economy of this African country when associated with invest-ment in R&D, transfer of skills and greater ingenious manufacturing.
This edition ofCourtUncourtillustrates distinctly the procedure of Company formation inIraq and Nigeria as well as expounds Bahrain’s recent legislation on employment andemployee rights. This edition also throws light on Saudi Arabia’s booming e-commercemarket and the appalling eﬀects of parallel imports on the economy.
Thank you, and we hope you have an insightful read!


To err is human, an existence marred by misjudgments. Like every aspect of our existence, errors also infiltrate our professional lives. Due to the imperfectness of human nature, errors are inherent in medicine. It may be difficult for the health care providers to accept their fallibility, to acknowledge mistakes, or to disclose their errors. What bars the physicians from being candid with their patients concerning medical complications? Is it the shame, blame and concern about their reputation? Or the fear of litigation?
Would it be better if the medical practitioners properly disclose the error in a timely matter of what happened, why the error occurred and how it will be prevented in the future? Medical mistakes can be used as an opportunity to improve patient care in the future. When there is medical malpractice, the medical malpractice law makes it possible for the patients to duly recovery compensation for the harm they have sustained from a sub-standard treatment, when the health care provider has deviated from the quality of care that is normally expected in similar situations. The standards and regulations for medical malpractice can differ between countries.

This edition of Court Uncourt sheds light on Medical Malpractice in the UAE as well as magnifies the mismanagement by a manager in a limited liability company. This edition also answers several questions concerning contracts in the UAE and how an ADGM entity can
own a real estate in Dubai.

COVID-19, a pandemic with billions of people affected and millions of people being infected brought upon worldwide quarantine and lockdown. With having the coronavirus scare still alive in everyone, the
bond yields are plummeting in the western markets, bringing down funding costs, and indeed promoting the Indian firms to mop up cheaper debt.
Funding Indian corporates through debt has traditionally been a preferred mode of funding due to
inherent advantages such as security creation and tax optimization for the lender as well as the
borrower. Overall, the External Commercial Borrowings (ECBs) are a key component of India’s debt
and the formal guidelines, issued by the Reserve Bank of India, specifying the borrowing structure
have seen the ECB route gain more prominence as a preferred route, despite the challenges in the
route for the parties. With the government streamlining or liberalizing the ECB procedures in order to enable greater access to international financial markets for the Indian Corporate, there is unequivocally more to come with more Indian companies lining up to raise via overseas syndicated loans.
This edition of Court Uncourt crystallizes the workings of ECB now becoming the lifeline of the Indian corporate world along with deciphering the Securities and Exchange Board of India Portfolio Managers Regulations 2020. This edition also delves into answering questions related to importing and distribution of pharmaceuticals in India together with elucidating in answers to the queries of Securities Finance in the Kingdom of Bahrain. 
Thank you, and we hope you have an insightful read!

In rural Bangladesh, solar energy is reliable, clean, and cheap. So viable an option has it grown to become that, especially in the coastal southwest, it is common to see tiny solar panels embedded even in humble thatch-roofed huts. This is mostly the work of Infrastructure Development Company Limited (Idcol), a government-backed Bangladeshi energy and infrastructure group. The keys to Idcol’s expansion across the country are financing plans that cater to lower-income people, as well as a solid partnership with the microfinance institution Grameen. The revolutionary service of microfinance is what makes finance accessible to low-income individuals; while it is often denied the attention it deserves, this edition of Court Uncourt sheds light on the workings of this vehicle towards self-sufficiency.
Microfinance is certainly an illustration of the age-old maxim: to unite the Earth, connect it. The need for the cultivation of cooperation well beyond country borders is reflected by treaties and arbitral mechanisms, and this edition has sought to magnify some of these relationships. Salient sketches of the Legal and Judicial Cooperation Agreement between the UAE and Egypt, and the Extradition Treaty of UAE with KSA, Kuwait, and Bahrain have been produced to this end.

For many companies that are operating in competitive markets in the current economic circumstances, a cardinal goal is to preserve
cashflow and maintain profits. These companies still want to retain key employees who will be essential to keep the business running during the downturn, in order to be able to emerge wielding a competitive advantage. These two goals superficially seem to antagonize one another, as one way of preserving cashflow is to decrease employees’ salaries. One way in which companies can seek to achieve both the preservation of cashflow and the retention of motivated employees is through a salary sacrifice arrangement,
where the employee agrees to give up some of their salary in return for a benefit. Equity in the company is a powerful retention tool, and can be offered to employees as the benefit in exchange for a salary sacrifice - “sweat equity”. In a timely fashion, this edition of Court Uncourt opens up a window to avail of this valuable tool, just as it gains traction in India vis-a-vis an amendment issued by the Ministry of Corporate Affairs.
While newspapers are being churned out with each headline more disheartening than the next, STA recognizes the intrinsic value of hope. This commitment to rebuilding and restoration is reflected in this edition’s articles on the promising Abu Dhabi Global Market,
and India’s transparent, capital-friendly Alternative Investment Fund Regulations.
Thank you, and we hope you have an insightful read!

The COVID-19 pandemic has resulted in companies, landlords, and tenants alike closely reviewing a clause in their lease that was long
considered unimportant boilerplate - the “force majeure” provision. “Force majeure”, translated from French, is “superior strength”, and is used to refer to acts of God. In this issue of Court Uncourt, we endeavor to explicate on the implementation of force
majeure in the UAE, and proactive measures businesses could resort to.

This week, we received news that landed like rain in a drought- remdesivir, an antiviral drug was given the green light after a major trial proved that it boosted recovery in serious COVID-19 patients. This prodrug, developed by Gilead Sciences, has seen serious patentability issues on account of interplay between the Gilead patent application and the one filed by the Wuhan Institute of Virology. Innovation is at the forefront today, and it begs to be addressed on matters of the application of IP protection. To this end, this issue bears a multi-jurisdictional article on the joint protection of intellectual property.

While global issues like the aforementioned ones are critical and deserve universal acknowledgement, we yearn for answers regarding more individualized issues that can befall us at any moment. What constitutes wrong termination in these times? Can I retain
employment if I contract a terminal illness? What happens to the submission of VAT returns? These are but a fraction of the weighty
questions addressed in this edition of Court Uncourt. Thank you, and we hope you have an insightful read!

As countries around the world labor to tackle the spread of COVID-19, the threat of business interruption has become verypalpable, and arrangements have been thrown into general disarray. The general upset in the global economy has indubitably disrupted the workforce.
As businesses universally have been confronted with a nemesis who cannot be halted at borders or thrown behind bars, they have come to terms with the realization that the human response cannot always be manual, and that the zeitgeist mandates reliance on technology. Many have executed disaster recovery and business continuity plans that have been layered with cloud-based collaboration tools which have seen enthusiastic uptake in use. The coronavirus impact has crystallized the apropos and absolute need for virtual operation, e-commerce, and the importance of technology for the new world economy. 
The new norm has brought with it a great deal of change, in a multitude of sectors. STA is cognizant of this, and is determined in to keep you abreast of the most unique matters of contention. To that end, this edition is intended to systematically orient you with a myriad of matters, ranging from joint development agreements, to Saudi Arabia’s New Franchise Law, to Material Adverse Change (MAC) Clauses in M&A Transactions. Court Uncourt's signature Guide feature is also to be found in this edition, with a thorough sketch of Oman’s new Commercial Companies Law, and what it entails.
Thank you, and we hope you have an insightful read.

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Reading, Writing, Arithmetic and Science have always been core subjects  in school curriculum. The legal fraternity especially the law and judicial system however dictate that citizens and residents should always be aware of the local laws. To this effect, the legal maxim 'ignorance of Law is no excuse' is drummed into students from their first civics class. Guided by our core principles, here we deliver you bespoke legal information that you should know. We have always been at the forefront of driving the conversation towards the issues. It is an indubitable conviction that we live in time of information overload and it is Court Uncourt's attempt to look for context and insight into subjects that pique your curiosity.

We are here to lay your curiosity to rest and share our competency and proficiency openly and seamlessly for your safety and knowledge. 

We wish you a pleasant and beneficial reading!

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Court Uncourt - Volum IX Issue 8

Court Uncourt - Volum IX Issue 8

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