A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
This edition’s Joke…
Q. Why did the bicycle fall over?
A: Because it was two-tired!
…and information
Q. When did the UAE ratify the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “Convention”)?
In 2006. The UAE issued the Federal Decree No. 43 of 2006 to confirm its ratification of the Convention. This, indeed, facilitates the process of enforcing arbitral awards in the UAE and, therefore, attracts more investments into the country.
For further information on the list of contracting states to the Convention, you may check the following links:
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the CIArb UAE Branch. He is the founder of QAF Legal and can be contacted on Mohieeldin@qaflegal.com
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
This edition’s Joke…
Q. What 10-letter word starts with a gas?
A: Automobile
…and information
Q. Is it permissible to raise and collect donations in the UAE?
It is not permissible fund-raise, collect donations, or even announce or market such activities by any means, without the relevant permissions or approvals from the UAE competent authorities.
Under the Federal Law No. 3 of 2021 Concerning the Regulation of Fundraising Activities, fund-raising is restricted to certain entities only and shall not be done by natural persons.
In Dubai, the written approval of the Islamic Affairs and Charitable Activities Department(IACAD) is required before asking for donations.
In case of violation, a hefty penalty of imprisonment and/or a fine may apply.
For further information, you may check the following links:
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is the founder of QAF Legal and can be contacted on mohieeldin.elbana@oghlegal.com
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
This edition’s Joke…
Q. What starts with a P, ends with an E, and has a million letters in it? A Post Office!
…and information
Q. Do you know what is the oldest known structure in the UAE?
The oldest structure ever found in the UAE is the remains of a building, which goes back to probably 8,500 years. Such structure was found on the island of Ghagha in Abu Dhabi.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is the founder of QAF Legal and can be contacted on mohieeldin.elbana@oghlegal.com
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
The FNC is the parliamentary body and one of the five federal authorities in the United Arab Emirates (“UAE”). Pursuant to Articles 89 to 92 of the UAE Constitution, its functions include:
passing, amending or rejecting federal draft laws;
examining the Annual General Budget draft law and the draft law of the final accounts; and
discussing international treaties, agreements and general issues pertaining to the affairs of the UAE Federation and providing recommendations.
As per Article 68 of the UAE Constitution, FNC has 40 members from the seven Emirates.
Each Emirate has a number of seats prorated to its population:
Abu Dhabi – 8 seats;
Dubai – 8 seats;
Sharjah 6 seats;
Ajman 4 seats;
Umm Al Quwain 4 seats;
Ras Al Khaimah 6 seats; and
Fujairah 4 seats.
Under Article 77 of the UAE Constitution, each FNC member represents the entire country and not the Emirate that he or she represents.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is a Senior Counsel at OGH Legal and can be contacted on mohieeldin.elbana@oghlegal.com.
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
Q) What kinds of building have the most stories? A) Libraries!
Q. What does the Public Order mean? And does it change?
Article 3 of the UAE Civil Transactions Law provides that:
“Public order shall be deemed to include matters relating to personal status such as marriage, inheritance, lineage, and matters relating to government [ruling], freedom of trade, circulation of wealth, rules of individual ownership and the other rules and foundations upon which society is based, in such a manner as not to conflict with the definitive provisions and fundamental principles of the Islamic shari’ah.”
The Supreme Courts of the UAE provided clarification on the concept of public policy, in addition to the examples listed under Article 3 above, in several rulings including that:
Public Policy rules are those upon which UAE society is based and/or intended to achieve a general political, social or economic interest related to the higher society system including the registration of real estate transactions and, therefore, contracting parties may not agree otherwise; and
However, where the purpose of the legal rule is to protect the personal interests and/or rights of the individuals within the society, it will not relate to public policy and, hence, is arbitrable.
In this meaning, please see the following judgments:
The Abu Dhabi Court of Cassation, Case no. 121 of 2019 year 14 JA, judgment issued on 21/05/2019;
The Dubai Court of Cassation, Case No. 142/2014 Civil, judgment issued on 12/03/2015; and
The Abu Dhabi Court of Cassation, Case no. 477 of 2014 year 8 JA, judgment issued on 19/03/2014.
Further, the concept of public order is dynamic and may change by time. Some of the changes may include:
Registration of Real Estate transactions/ disposals in the relevant Register (Dubai Law no. 13 of 2008 as amended);
Decennial Liability of Developers in Dubai (See Dubai Law no. 6 of 2019); and
Awards to be issued and signed in a specific form (such as the requirement that an award is to be signed by the Tribunal members on all its pages and not only the last page – See recent Court of Cassation judgment dated 21/04/2022, Case No. 109/2022 Civil.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is a Senior Counsel at OGH Legal and can be contacted on mohieeldin.elbana@oghlegal.com.
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
1) How do you get a lawyer out of a tree? Cut the rope!
2) Is arbitration a new dispute resolution mechanism?
No, arbitration is an old means of dispute resolution. The roots of arbitration go back to ancient times. Below are some of the old examples where arbitration was used.
1. King Solomon (peace be upon him) appears to be the first arbitrator when he settled the issue between two women who claimed to be the mother of a baby at the time. You may refer to:
the Old Testament in I Kings, chapter 3, verses 16-28; and
Bukhari, M., Sahih Bukhari’s, 4, (55:637) – Hadeeth by Prophet Mohamed (Peace be upon him).
2. The Bible refers to an arbitration between Jacob and Laban wherein they both resorted to arbitration and agreed that a third party should settle their differences (The book of Genesis, chapter 31, verses 36 and 37)
3. Before Islam, Arabs used to resolve their disputes through arbitration including tribal disputes and individual disputes.
4. A famous case of arbitration in the Islamic era arose between Ali ibn Abi Talib and Muaawiyah ibn Abi Sufyan in relation to ending the battle of Siffeen. Both parties had agreed to arbitration. An arbitration agreement was signed on the 13th of Ramadan, 37 A.H., to allow each party to appoint an arbitrator and provided that the award would be issued within 6 months.
5. The Holy Qura’an makes reference to another story about how a dispute was resolved by Solomon and his father (peace be upon them) in relation to damage to crops caused by sheep of another person (The Holy Qura’an, Surat Al-Anbyaa (i.e. the Prophets) Aya 78)). In fact, the holy Quran supports arbitration in certain matters including divorce/ separation cases (The Holy Qura’an, Surat Al- Nisaa (i.e. the Women) Aya 35).
6. In the Greek era, there were several arbitration alike cases reported. For instance, arbitration was used by Philip II, the father of Alexander the Great, for settlement of territorial disputes in Greece as far back as 337 B.C. Further, a dispute arose between Athens and Megara, for the possession of the island of Salamis. Such dispute was resolved by five Spartan judges around 600 B.C.
7. In the Chinese civilization, there are records that refer to arbitration since 2100 BC.
8. In the Ancient Egypt, records show usage of arbitration in Egypt around 2500 BC.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is a Senior Counsel at OGH Legal and can be contacted on mohieeldin.elbana@oghlegal.com.
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
1) What is a lawyer’s clothes? A Law SUIT!
2) What was the first Arbitration Law in the UAE?
The Arbitration Law no. 13 of 1990 (the “Arbitration Law”) issued by the Ruler of Sharjah in May 1990 is probably the first fully-fledged arbitration law issued in the United Arab Emirates. The Arbitration Law was in full effect until the coming into force of the Civil Procedures Law no. 11 of 1992 on 18 June 1992.
However, the reference to the term ‘arbitration’ can be traced in various old UAE legislations including, for instance,
the Federal Law no. 5 of 1976 concerning the Federation of the Chambers of Commerce and Industry;
the Civil Courts Procedures Law no. 3 of 1970 in Abu Dhabi; and
the 1971 Law of Contracts in the Emirate of Dubai.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is a Senior Counsel at OGH Legal and can be contacted on mohieeldin.elbana@oghlegal.com.
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
A joke and some information… what we like to call Jokamation
by Mohieeldin Elbana MCIArb
1) What would a lawyer name his baby? Sue (if a baby girl) or Bill (if a baby boy).
2) The planned capital of the UAE At the time of creating the UAE constitution in 1971, a town by the name “Al Karama” was planned to be constructed, on the border between the Emirates of Dubai and Abu Dhabi within 7 years, to become the capital of the UAE. You may refer to Article 9 of the UAE Constitution.
Until the construction of the said town, Abu Dhabi was supposed to be the provisional headquarters of the UAE Union (that is, the temporary capital). Probably the local landline calling code (01) was reserved to be assisted to such (Al Karama) town. However, it was never constructed and does not exist now.
In 1996, the UAE Constitution was amended to provide that Abu Dhabi shall be the ‘permanent capital’ of the UAE. Therefore, Abu Dhabi was, and remains, the known capital to the UAE.
Mohieeldin Elbana is a Member of the Chartered Institute of Arbitrators and a Committee Member of the UAE Branch. He is a Senior Counsel at OGH Legal and can be contacted on mohieeldin.elbana@oghlegal.com.
The views expressed in this article are those of the author and do not necessarily reflect those of the Chartered Institute of Arbitrators.
CIArb UAE Branch News 