The UAE has issued many critical changes in recent years in furtherance of its aim to establish itself as the leading business hub in the region, one that promotes a business-friendly environment.
Aligning to this goal, the UAE has recently introduced new amendments to the commercial company's law ((Federal Law No. 2 of 2015 and its amendments), allowing for the first time in the history of the UAE, one hundred percent ownership to foreign ex-pats. With the latest changes, complete foreign ownership is now allowed in mainland companies within certain industries, which was earlier allowed only with the appointment of either a local company or an individual as the local agent.
Contracts are a part of our everyday life, including in the business world. The Federal Law number 5 of 1985 on the civil transactions, defines a 'contract' as 'A contract is the meeting of an offer issued by one of the contracting parties with the acceptance made by the other party and their concordance in such a manner as to produce their effect on the object of the contract and results in a binding obligation on each party in consideration of the obligation of the other party. A meeting of more than two minds may agree to produce a legal effect'. A contract is thus said to be constituted when a valid offer is made by one party, and the same is accepted by the other. Both an 'offer' and its 'acceptance', convey the expression of a will, and it is the formulation of this mutual will between the parties that constitutes a contract.
Legal ingredients required to form a valid contract:
The legal ingredients that must be present in order to constitute a legally enforceable contract as per the UAE laws include the following necessary elements:
Only by understanding the legalities involved in a given matter the parties to a contract can enter into a valid and effective contract. Furthermore, quite often in contractual or business relations, parties also face issues wherein one party is breaching the terms of the contract, thus resulting in the intentional non-performance of a key obligation. These are instances wherein parties to a contract might have to take the legal remedies of effective mediation or litigation in order to correct the breach and, in most circumstances, to claim compensation for the damages caused. Knowing business law thus provides ample options for a given party to negotiate and settle disputes and as far as possible to strategically layout the business contract in itself.
The UAE continuously aims to enhance its business laws and to bring in economic reforms that help in building a flexible business environment in the UAE, one that furthers the economic prosperity in the region. Many of the new laws introduced in the UAE have set the country apart in the entire Middle East. UAE today resonates not only as a great place to do business but as a great place to live and build a life for the long term. The new changes thus aim to attract more foreign direct investments and to build a heavily diversified economy.
What is the full list of fines for money laundering in the UAE? Dr. Hassan Elhais
The UAE Ministry of Economy has announced the list of penalties for violations of the laws relating to money-laundering and terrorism financing.Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).Commercial leasing and breach of contract punishments
In legal terms, a lease agreement can be defined as ‘a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment’. A ‘commercial lease agreement’ constitutes a written lease agreement whereby a landlord agrees to lease his commercial property to another person or entity for a given business purpose and specified time period.