The new developments in corporate tax in the U.A.E

 The following are some of the new developments in corporate tax in the UAE:

 The UAE corporate tax regime will come into effect on June 1, 2023. Businesses will be liable to pay tax on their taxable profits from the financial year starting on or after that date. The UAE corporate tax rate will be 9% for all businesses, except for those that generate more than AED 375 million in taxable profits. These businesses will be subject to a higher corporate tax rate of 15%.

 The UAE corporate tax regime will include several exemptions and deductions. For example, businesses that generate less than AED 375,000 in taxable profits will be exempt from corporate tax. Additionally, there will be deductions for certain expenses, such as research and development costs.

The UAE corporate tax regime will be administered by the Federal Tax Authority (FTA). The FTA has published a number of guidance notes and FAQs on the UAE corporate tax regime, which can be found on its website.

Here are some of the key features of the UAE corporate tax regime:

Territorial system: The UAE corporate tax regime is a territorial system, which means that only businesses that generate income from within the UAE will be liable to pay corporate tax. The United Arab Emirates (UAE) has recently adopted a territorial system of corporate taxation. 

There are a number of benefits to a territorial system of corporate taxation. First, it can help to attract foreign investment. Second, it can promote economic growth by encouraging businesses to invest and expand within the country. Third, it can simplify the tax system and reduce the compliance burden on businesses.

However, there are also some potential drawbacks to a territorial system of corporate taxation. First, it can lead to tax avoidance and base erosion. Second, it can be difficult to administer, as countries need to be able to track the profits that companies generate in different jurisdictions. 

Taxable profits: Taxable profits are calculated as revenue minus deductible expenses. Taxable profits are the profits of a business that are subject to corporate tax. Taxable profits are calculated by subtracting deductible expenses from revenue.

Deductible expenses are expenses that are incurred for the purpose of generating income for the business. Some examples of deductible expenses include:

• Cost of goods sold
• Operating expenses, such as rent, salaries, and utilities
• Interest on business loans
• Depreciation on business assets

Non-deductible expenses are expenses that are not incurred for the purpose of generating income for the business. Some examples of non-deductible expenses include:

• Personal expenses of the business owner
• Capital expenditures, such as the purchase of new business assets
• Dividends paid to shareholders

In the UAE, taxable profits are subject to corporate tax at a rate of 9%. However, businesses that generate less than AED 375,000 in taxable profits are exempt from corporate tax. 

Here is an example of how to calculate taxable profits: 

• Revenue: AED 1,000,000
• Cost of goods sold: AED 300,000
• Operating expenses: AED 200,000
• Interest on business loans: AED 50,000
• Depreciation on business assets: AED 100,000 
• Total deductible expenses: AED 650,000 
• Taxable profits: AED 350,000 

The taxable profits of the business in this example would be AED 350,000. This amount would be subject to corporate tax at a rate of 9%.

Transfer pricing: Transfer pricing is the process of determining the prices of transactions between related parties. Related parties are companies that are controlled by the same entity or that have a common interest. Transfer pricing is important because it can be used to shift profits between different countries in order to reduce a company's overall tax burden. 

The UAE corporate tax regime includes transfer pricing rules. These rules are designed to ensure that transactions between related parties are conducted at arm's length prices. Arm's length prices are the prices that would be charged between unrelated parties for the same or similar transactions. 

There are a number of different transfer pricing methods that can be used. The most common transfer pricing method is the comparable uncontrolled price (CUP) method. The CUP method compares the prices of transactions between related parties to the prices of similar transactions between unrelated parties. 

Other transfer pricing methods include the cost-plus method, the resale price method, and the profit split method. The choice of transfer pricing method will depend on the specific facts and circumstances of the case.

Businesses that engage in transactions with related parties are required to maintain transfer pricing documentation. Transfer pricing documentation is a document that shows how the transfer prices for transactions between related parties were determined. Transfer pricing documentation helps to ensure that the transfer prices are arm's length prices. 

The UAE Federal Tax Authority (FTA) has published a number of guidance notes and FAQs on transfer pricing. These guidance notes and FAQs can be found on the FTA's website. 

Businesses that are operating in the UAE or that are planning to expand into the UAE should carefully review the UAE transfer pricing rules to ensure that they are in compliance with all applicable laws and regulations. 

Here are some tips for complying with the UAE transfer pricing rules: 

1. Identify all related parties. The first step is to identify all of the companies that are related to your company. This includes companies that are controlled by the same entity, companies that have a common interest, and companies that are associated with your company through directors or shareholders.
2. Determine the prices of transactions with related parties. Once you have identified all of your related parties, you need to determine the prices of the transactions that you have with them. You should use an arm's length pricing method to determine the prices of these transactions.
3. Maintain transfer pricing documentation. You are required to maintain transfer pricing documentation that shows how you determined the prices of the transactions that you have with your related parties. Transfer pricing documentation is important because it helps to ensure that the transfer prices are arm's length prices.

Losses: Businesses in the UAE can carry forward losses for up to five years and offset them against future profits. This means that if a business makes a loss in one year, it can reduce its taxable profits in subsequent years by the amount of the loss. 

There are a few conditions that apply to the carry-forward of losses in the UAE: 

1. The loss must be a genuine trading loss. This means that it must be incurred in the ordinary course of business and not due to factors such as capital losses or capital gains.
2. The loss must have been incurred in the UAE.
3. The business must have been carrying on a trade or business in the UAE continuously since the year in which the loss was incurred.

To carry forward a loss, a business must submit a loss carry forward claim to the Federal Tax Authority (FTA). The FTA will then assess the claim and determine whether the loss is eligible to be carried forward. 

Here is an example of how the carry-forward of losses works in the UAE: 

Year 1: A business incurs a loss of AED 100,000. 

Year 2: The business generates a profit of AED 50,000. The business can offset its profit against the loss carry forward from Year 1, which means that it will not have to pay any corporate tax in Year 2. 

Year 3: The business generates a profit of AED 150,000. The business can offset its profit against the remaining loss carry forward from Year 1, which means that it will only have to pay corporate tax on AED 100,000 of its profit in Year 3.

The carry-forward of losses can be a valuable benefit for businesses in the UAE. It can help to reduce a business's tax burden and improve its cash flow.

Dispute resolution: Businesses in the UAE can carry forward losses for up to five years and offset them against future profits. This means that if a business makes a loss in one year, it can reduce its taxable profits in subsequent years by the amount of the loss.

There are a few conditions that apply to the carry-forward of losses in the UAE:

1. The loss must be a genuine trading loss. This means that it must be incurred in the ordinary course of business and not due to factors such as capital losses or capital gains.
2. The loss must have been incurred in the UAE.
3. The business must have been carrying on a trade or business in the UAE continuously since the year in which the loss was incurred.

To carry forward a loss, a business must submit a loss carry forward claim to the Federal Tax Authority (FTA). The FTA will then assess the claim and determine whether the loss is eligible to be carried forward. 

Here is an example of how the carry-forward of losses works in the UAE: 

Year 1: A business incurs a loss of AED 100,000. 

Year 2: The business generates a profit of AED 50,000. The business can offset its profit against the loss carry forward from Year 1, which means that it will not have to pay any corporate tax in Year 2. 

Year 3: The business generates a profit of AED 150,000. The business can offset its profit against the remaining loss carry forward from Year 1, which means that it will only have to pay corporate tax on AED 100,000 of its profit in Year 3. 

The carry-forward of losses can be a valuable benefit for businesses in the UAE. It can help to reduce a business's tax burden and improve its cash flow.

Dispute resolution in UAE corporate law can be conducted through a variety of methods, including:

Negotiation: This is the most common method of dispute resolution, and it involves the parties directly communicating with each other in an attempt to reach a mutually agreeable solution.

Mediation: This is a process in which a neutral third party (the mediator) helps the parties to communicate with each other and reach a resolution.

Arbitration: This is a process in which a neutral third party (the arbitrator) hears the case and makes a binding decision.

Litigation: This is the process of filing a lawsuit in court and having the case decided by a judge.

The best method of dispute resolution will depend on the specific facts and circumstances of the case. For example, if the dispute is relatively simple and the parties have a good relationship, then negotiation may be the best option. If the dispute is more complex or the parties have a poor relationship, then mediation or arbitration may be a better option. If the parties cannot resolve the dispute through other methods, then litigation may be the only option. 

Here is an overview of the arbitration and litigation processes in the UAE: 

Arbitration: 

Arbitration is a confidential process, and the arbitrator's decision is binding on the parties.

1. To initiate arbitration, the parties must agree to arbitrate the dispute and sign an arbitration agreement.
2. The arbitration agreement will typically specify the rules of arbitration that will be used and the qualifications of the arbitrator.
3. The arbitration hearing will be conducted in accordance with the rules of arbitration that the parties have agreed to.
4. After the hearing, the arbitrator will issue a decision, which is binding on the parties.

Litigation: Litigation is a public process, and the court's decision is binding on the parties.

To initiate litigation, one party must file a lawsuit in court.

The lawsuit will be served on the other party, and the other party will have the opportunity to respond.

The case will then proceed through a series of pre-trial hearings, followed by a trial.

After the trial, the judge will issue a decision, which is binding on the parties.

Businesses that are operating in the UAE or that are planning to expand into the UAE should carefully consider their dispute resolution options. It is important to have a dispute resolution strategy in place in case a dispute arises. 

Here are some tips for choosing the right dispute resolution method: 

1. Consider the nature of the dispute. Is it relatively simple or complex?
2. Consider the relationship between the parties. Is it good or poor?
3. Consider the cost and time implications of each dispute resolution method.
4. Consider the enforceability of the dispute resolution method.

Here are some of the key benefits of the UAE CT regime:

• Competitive tax rate: The UAE CT rate of 9% is one of the most competitive in the world. This makes the UAE an attractive destination for businesses looking to reduce their tax burden.
• Simple and efficient tax system: The UAE CT system is designed to be simple and efficient. Businesses can file their tax returns online and make tax payments electronically.
• Experienced tax authorities: The UAE has a team of experienced tax authorities who are available to assist businesses with their tax compliance obligations.

The UAE CT regime is expected to have a positive impact on the UAE economy. It will attract new businesses to the UAE and help existing businesses to grow. The tax regime will also generate revenue for the government, which can be used to fund public services and infrastructure development.

New Personal Status Law in the U.A.E

 The new Personal Status Law in the United Arab Emirates (UAE), which came into effect on February 1, 2023, is a landmark piece of legislation that introduces several significant changes to the way that personal status matters are dealt with in the country. 

The law applies to all non-Muslim residents of the UAE, and it covers a wide range of issues, including marriage, divorce, child custody, and inheritance. One of the most significant changes introduced by the law is the recognition of civil marriage. Under the previous law, non-Muslim couples could only get married in a religious ceremony, but the new law now allows them to get married in a civil ceremony before a judge. 

The law also makes it easier for couples to get a divorce. Under the previous law, divorce was only possible if one spouse could prove fault on the part of the other spouse. However, the new law introduces a system of "no-fault divorce," which means that either spouse can get a divorce without having to prove fault. 

The law also makes several changes to the way that child custody is determined. Under the previous law, child custody was automatically awarded to the mother in the event of a divorce. However, the new law now gives judges more flexibility in determining child custody, and they will take into account the best interests of the child when making a decision. 

Finally, the law also makes a number of changes to the law of inheritance. Under the previous law, inheritance was governed by Islamic law. However, the new law now allows non-Muslims to choose to have their inheritance governed by the laws of their home country. 

The new Personal Status Law is a welcome development for non-Muslim residents of the UAE. It provides them with greater legal certainty and protection, and it brings the UAE into line with other international jurisdictions in terms of personal status law. 

Here are some of the key features of the new Personal Status Law in the UAE: 

Civil marriage: The law recognizes civil marriage for non-Muslim couples. This means that couples can get married in a civil ceremony before a judge, without having to go through a religious ceremony.

No-fault divorce: The law introduces a system of "no-fault divorce," which means that either spouse can get a divorce without having to prove fault on the part of the other spouse.

Joint child custody: The law now gives judges more flexibility in determining child custody, and they will take into account the best interests of the child when making a decision.

Choice of law for inheritance: Non-Muslims can now choose to have their inheritance governed by the laws of their home country, instead of Islamic law.

The new Personal Status Law is a significant step forward for the UAE, and it shows the country's commitment to providing a fair and equitable legal system for all residents. 

Civil Marriage in the UAE: 

Civil marriage in the UAE is a legal union between a man and woman that is solemnized as a civil contract, under secular rules, regardless of faith or nationality. It is regulated by Articles 4 and 5 of the Civil Marriage Law No. 14 of 2021. 

Who is eligible for civil marriage in the UAE? 

The following are eligible for civil marriage in the UAE: 

• Non-Muslim residents of the UAE
• Tourists and visitors to the UAE who are not Muslims
• Citizens of non-Muslim countries

What are the requirements for civil marriage in the UAE? 

To get married in a civil ceremony in the UAE, both parties must meet the following requirements:

• Be at least 21 years old
• Be of sound mind
• Be unmarried
• Not be closely related

What documents are required for civil marriage in the UAE? 

• Completed and signed marriage application form
• Copy of passport or Emirates ID (of both parties)
• Proof of no record of existing marriage (for both parties)
• Marriage agreement (optional)

How to apply for civil marriage in the UAE 

Applications for civil marriage can be submitted online or in person at the Family Court in Abu Dhabi or Dubai.

What is the cost of civil marriage in the UAE?

The standard civil marriage fee in the UAE is AED 300. However, there is an express service available for a fee of AED 2,500.

What happens after the civil marriage application is submitted?

Once the civil marriage application is submitted, the court will review the documents and schedule a date for the ceremony. The ceremony will be performed by a judge in the presence of two witnesses.

After the ceremony, the couple will be issued a marriage certificate. The marriage certificate is a legal document that proves the couple is married. 

Civil marriage is a popular option for non-Muslim couples who are living or working in the UAE. It is a simple and straightforward process, and it provides couples with the legal certainty and protection that they need. 

No-Fault Divorce: No-fault divorce is a type of divorce in which one spouse does not have to prove that the other spouse has done anything wrong in order to get a divorce. Instead, the spouse simply needs to state that the marriage has irretrievably broken down. 

No-fault divorce was first introduced in the United States in California in 1970. It has since been adopted by all 50 states and the District of Columbia. 

There are a number of advantages to no-fault divorce. First, it allows couples to get a divorce without having to go through a lengthy and acrimonious process of proving fault. This can be beneficial for both spouses, as it can help to reduce conflict and bitterness. 

Second, no-fault divorce allows couples to focus on the important issues of their divorce, such as child custody and division of assets. This can help to make the divorce process more efficient and less stressful. 

Third, no-fault divorce is more gender-neutral than fault-based divorce. In a fault-based divorce, the spouse who is found to be at fault may be penalized financially or in other ways. This can create an imbalance of power between the spouses. No-fault divorce eliminates this imbalance and allows both spouses to start a new chapter in their lives on equal footing. 

However, there are also some potential disadvantages to no-fault divorce. One concern is that it can make it easier for couples to get divorced without thinking through the consequences. This can lead to some couples rushing into a divorce without considering all of their options. 

Another concern is that no-fault divorce can make it more difficult for couples to reach agreements on child custody and division of assets. This is because there is no longer any incentive for spouses to cooperate with each other. 

Overall, no-fault divorce is a complex issue with both advantages and disadvantages. It is important for couples to weigh the pros and cons carefully before deciding whether or not to pursue a no-fault divorce. 

In the UAE, the new Personal Status Law, which came into effect on February 1, 2023, introduced a system of no-fault divorce for non-Muslim couples. This means that either spouse can get a divorce without having to prove fault on the part of the other spouse. 

The introduction of no-fault divorce is a welcome development for non-Muslim couples in the UAE. It provides them with greater flexibility and choice in their divorce proceedings. 

Joint Child Custody:

Joint child custody in the UAE is a relatively new concept. It was introduced by the new Personal Status Law for non-Muslim couples, which came into effect on February 1, 2023. 

Under the new law, both parents have an equal right to joint custody of their children from the time of the child's birth until the child reaches the age of 18. However, either parent can petition the court to obtain sole custody of the child if they can demonstrate that the other parent is not fit to be a custodian.

The court will consider a number of factors when making a decision about child custody, including:

• The best interests of the child
• The wishes of the child, if the child is of sufficient age and maturity
• The physical and emotional needs of the child
• The financial resources of the parents
• The ability of the parents to provide a safe and stable environment for the child

If the court grants joint custody, the parents will be required to develop a parenting plan that sets out how they will share custody of the child. The parenting plan will need to address issues such as:

• The child's residence
• The child's contact with each parent
• The child's education
• The child's healthcare
• The child's religious upbringing

The parents are free to negotiate the terms of the parenting plan themselves, but if they are unable to reach an agreement, they can ask the court to help them. 

Joint child custody is a positive development for non-Muslim couples in the UAE. It allows both parents to be involved in their children's lives and to share the responsibility of raising them. It can also help to reduce conflict between the parents and to create a more stable and secure environment for the children.

However, it is important to note that joint child custody is not always the best option for every family. In some cases, it may be in the best interests of the child for one parent to have sole custody. Parents need to work with their lawyers to determine what is the best arrangement for their family.

Choice of law for inheritance:

The new Personal Status Law in the UAE, which came into effect on February 1, 2023, allows non-Muslims to choose to have their inheritance governed by the laws of their home country, instead of Islamic law. 

This is a significant change, as it gives non-Muslims more control over how their assets are distributed after their death. It also brings the UAE into line with other international jurisdictions in terms of inheritance law. 

To choose to have your inheritance governed by the laws of your home country, you must make a will. In your will, you must state that you wish your inheritance to be governed by the laws of your home country. 

If you do not make a will, your inheritance will be governed by Islamic law. Under Islamic law, inheritance is divided among certain relatives, such as the spouse, children, and parents. The exact distribution of the inheritance will depend on the specific circumstances of the case. 

It is important to note that the choice of law for inheritance is only available to non-Muslims. Muslim residents of the UAE must still have their inheritance governed by Islamic law. 

If you are a non-Muslim resident of the UAE, it is important to consider making a will to ensure that your assets are distributed according to your wishes after your death. You should also speak to a lawyer to get advice on the best way to structure your will. 

Benefits of choosing the law of your home country for inheritance in the UAE

There are a number of benefits to choosing the law of your home country for inheritance in the UAE. These include: 

• More control: You will have more control over how your assets are distributed after your death.
• Certainty: You will know that your assets will be distributed according to the laws of your home country, which you are likely to be more familiar with.
• Flexibility: The laws of your home country may be more flexible than Islamic law, giving you more options for distributing your assets.
• Equality: The laws of your home country may be more egalitarian than Islamic law, meaning that your assets may be distributed more evenly among your heirs.

How to choose the law of your home country for inheritance in the UAE

To choose the law of your home country for inheritance in the UAE, you must make a will. In your will, you must state that you wish your inheritance to be governed by the laws of your home country.

 You should also speak to a lawyer to get advice on the best way to structure your will and to ensure that it is valid under the laws of the UAE.

The ruler of Dubai announced 10 economic principles to Guide the country

 HH Sheikh Mohammed, the ruler of Dubai, has recently announced ten key economic principles that are expected to guide the country's economic policies moving forward.

 Here are the principles: 

1.     Focus on innovation and technology: The UAE should invest in research and development, and in the development of new technologies, to become a global leader in innovation. Sheikh Mohammed believes that the UAE must become a global hub for innovation to remain competitive in the 21st century. He has called for the establishment of a new "Silicon Oasis" in Dubai that will focus on research and development in emerging technologies. 

2.     Embrace diversity: The UAE should promote diversity in its workforce and in its economy, to attract the best talent from around the world. Sheikh Mohammed believes that the UAE's most valuable asset is its people. He has called for the development of a strong education system that will produce a skilled workforce for the future. He has also called for the UAE government to invest in training and development programs for Emirati citizens. 

3.     Build partnerships: The UAE should build partnerships with businesses, governments, and universities around the world to develop new opportunities and to share knowledge. Sheikh Mohammed believes that entrepreneurship is essential for economic growth. He has called for the creation of a more supportive environment for entrepreneurs, including access to capital and business support services. He has also said that the UAE government will take a more active role in supporting startups and small businesses. 

4.     Foster entrepreneurship: The UAE should create an environment that is conducive to entrepreneurship, by providing support for start-ups and small businesses. Sheikh Mohammed believes that the UAE's economy must not be reliant on oil and gas. He has called for the development of new industries, such as tourism, manufacturing, and logistics. He has also said that the UAE government will support the development of new free zones and special economic zones. 

5.     Empower the youth: The UAE should invest in its youth, providing them with the education and skills they need to succeed in the 21st-century economy. Sheikh Mohammed believes that the UAE must work with its neighbors to develop a more integrated regional economy. He has called for the creation of a new Gulf Cooperation Council (GCC) customs union and a GCC market for goods and services. He has also said that the UAE will work with its neighbors to develop new infrastructure projects, such as railways and roads. 

6.     Invest in infrastructure: The UAE should invest in its infrastructure, including roads, ports, and airports, to support economic growth. Sheikh Mohammed believes that businesses have a responsibility to society. He has called for businesses to invest in CSR initiatives and to support social causes. He has also said that the UAE government will support businesses that are committed to social responsibility. 

7.     Promote trade: The UAE should promote trade with its neighbors and with the rest of the world, to create new markets for its products and services. The seventh principle is to promote sustainable development. 

8.     Protect the environment: The UAE should protect the environment, to ensure the long-term sustainability of its economy. Sheikh Mohammed believes that the UAE must develop a sustainable economy. He has called for the adoption of green technologies and for the protection of the environment. He has also said that the UAE government will invest in renewable energy projects and in waste management infrastructure. 

9.     Be a global leader: The UAE should strive to be a global leader in the economy, by setting high standards for quality, efficiency, and innovation. Sheikh Mohammed believes that the UAE must work with its international partners to develop a more stable and prosperous global economy. He has called for the UAE to participate in international trade agreements and to invest in developing countries. He has also said that the UAE will use its diplomatic network to promote peace and stability in the world. Sheikh Mohammed believes that the UAE has a strong brand that can be used to attract investment and talent. He has called for the UAE government to invest in promoting the UAE brand abroad. He has also said that businesses in the UAE should use the UAE brand to promote their products and services 

10.  Create a just society: The UAE should create a just society, where everyone has the opportunity to succeed, regardless of their background or circumstances. Sheikh Mohammed said that the UAE is at a "pivotal moment" in its economic development and that these principles will help the country to achieve its ambitious goals for the future. 

Here are some of the key benefits of the UAE's new economic principles: 

• They will create a more diversified economy that is less reliant on oil and gas.
• They will foster innovation and entrepreneurship, which will lead to the creation of new jobs and businesses.
• They will invest in human capital, which will improve the skills and productivity of the UAE's workforce.
• They will promote sustainable development, which will protect the environment and ensure the economy's long-term health.
• They will empower Emirati women, making the UAE a more inclusive and equitable society.
• They will strengthen the private sector, which will drive economic growth and create new opportunities for Emiratis.
• They will open up the UAE to the world, which will attract investment, tourism, and trade.
• They will embrace change, which will allow the UAE to adapt to the challenges and opportunities of the 21st century.

The UAE's new economic principles are a bold and ambitious vision for the future. If the UAE is successful in implementing these principles, it will be a beacon of innovation, entrepreneurship, and economic prosperity in the Middle East and the world. 

A Significant Order of Dubai and Sharjah Court of Cassation in Civil Cases

 Dubai Court of Cassation Releases Prisoners in Civil Cases

 Under Article 203 of the UAE Civil Procedure Law, a new court order in a civil case has been issued in Dubai, United Arab Emirates. The order, which was issued by the Dubai Court of Appeal, overturns a lower court ruling and orders the release of an individual from imprisonment.

The individual in question was initially imprisoned following a ruling by the Dubai Court of First Instance. However, the Court of Appeal, upon reviewing the case, determined that the imprisonment was unwarranted and ordered the individual's immediate release.

 This decision is a significant development in the UAE's legal system, as it highlights the country's commitment to upholding the rights of its citizens. The Court of Appeal's ruling demonstrates its commitment to ensuring that justice is served for all individuals within its jurisdiction.

 The release of the imprisoned individual is a positive outcome for all parties involved. It not only upholds the individual's rights but also reinforces the UAE's commitment to maintaining a just and equitable legal system.

 The court order, issued by the Dubai Upper Court, stems from a civil case involving a dispute between two parties. The individual in question was initially imprisoned following a lower court's ruling. However, the Upper Court, upon reviewing the case, determined that the imprisonment was unwarranted and ordered the individual's immediate release.

 This decision underscores the importance of due process and the right to a fair trial, which are fundamental principles of the UAE's legal system. The Upper Court's ruling demonstrates its commitment to ensuring that justice is served for all individuals within its jurisdiction.

 The Court of Cassation in Dubai also ordered the release of several civil case prisoners. The court decided after finding that the prisoners had been held in jail for longer than the maximum period allowed by law.

The court's decision has been welcomed by human rights groups, who have long criticized the UAE's use of imprisonment in civil cases. The groups argue that imprisonment is a disproportionate punishment for debtors and that it often leads to further impoverishment and social exclusion.

 In addition to the release of the prisoners, the Dubai Court of Cassation also ruled that debtors should no longer be automatically imprisoned if they are unable to pay their debts. The court said that judges should consider all options before ordering imprisonment, such as allowing debtors to pay their debts in installments or to declare bankruptcy.

 The court's ruling is a significant victory for debtors' rights in the UAE. It is expected to have a major impact on the lives of many people who are currently incarcerated in civil cases.

 Sharjah Court of Cassation Releases Prisoners in Civil Cases

 On June 20, 2023, the Sharjah Court of Cassation released 10 prisoners who were incarcerated in civil cases. The court's decision was based on Article 289 of the UAE Civil Procedure Law, which states that a debtor may be released from prison if they demonstrate that they are unable to pay their debts.

 The court's decision has been welcomed by human rights groups, who have long criticized the UAE's use of imprisonment in civil cases. The groups argue that imprisonment is a disproportionate punishment for debtors and that it often leads to further impoverishment and social exclusion.

 Releasing the prisoners is a positive step towards reforming the UAE's civil justice system. It is also a sign of the country's growing commitment to human rights.

 In addition to the release of the prisoners, the Sharjah Court of Cassation also ruled that debtors should no longer be automatically imprisoned if they are unable to pay their debts. The court said that judges should consider all options before ordering imprisonment, such as allowing debtors to pay their debts in installments or to declare bankruptcy.

 The court's ruling is a significant victory for debtors' rights in the UAE. It is expected to have a major impact on the lives of many people who are currently incarcerated in civil cases.

Expected New U.A.E Law updates in 2024

 The United Arab Emirates (UAE) has always been at the forefront of progress and development. With its visionary leadership and commitment to innovation, the country has consistently strived to create a conducive environment for its citizens and residents. In line with this, the UAE is expected to introduce new law updates in 2024 that will further enhance the legal framework and promote social and economic growth.

 Emiratisation Expansion:

The UAE government is committed to increasing the number of Emiratis in the workforce. In 2023, the government announced that private companies with between 20 and 49 employees would be required to hire at least one Emirati by 2024 and another by 2025. This is likely to be a major focus of legislation in 2024, as the government seeks to ensure that companies are complying with the new requirements. This means that these companies will be required to hire at least one Emirati national by the end of 2024 and another by the end of 2025. Companies that fail to meet these quotas will face fines.

Key benefits of the Emiratisation program expansion:

• Increased employment opportunities for Emiratis: The program will help to create more job opportunities for Emiratis, which will help to reduce unemployment and boost the economy.
• A more diverse and skilled workforce: The program will help to create a more diverse and skilled workforce, which will make the UAE economy more competitive.
• Reduced reliance on foreign workers: The program will help to reduce the UAE's reliance on foreign workers, which will make the economy more sustainable.
• A stronger sense of national identity: The program will help to create a stronger sense of national identity by promoting Emiratisation and cultural awareness.

Potential challenges of the Emiratisation program expansion:

• Additional costs for businesses: The program will require businesses to incur additional costs, such as training and recruitment costs.
• Administrative burdens for businesses: The program will increase the administrative burden on businesses, as they will need to track and manage Emirati employees.
• Skills shortages: There may be a shortage of qualified Emirati candidates for some positions.
• Cultural differences: There may be cultural differences between Emiratis and expatriates, which could lead to challenges in the workplace.

 End of Service Gratuity (ESG) Alternative: The MoHRE is considering introducing an alternative ESG scheme that would allow employers to provide their employees with a more flexible retirement savings option. This could involve contributions to a defined contribution pension plan or other financial instruments.

The United Arab Emirates (UAE) has expanded its unemployment insurance scheme to include employees working in free zones and semi-government bodies. The scheme was previously only mandatory for employees in the private sector and the federal government.

 Under the expanded scheme, employees who lose their jobs will be eligible to receive up to three months of unemployment benefits at 60% of their basic salary. To be eligible for benefits, employees must have contributed to the scheme for at least 12 consecutive months and must not have been dismissed for disciplinary reasons. The scheme is expected to benefit around 7 million employees.

 The expansion of the unemployment insurance scheme is a positive step forward for the UAE government. It will provide a safety net for workers who lose their jobs and help to reduce the financial burden of unemployment. It is also a sign of the government's commitment to social protection and its efforts to create a more inclusive economy.

 Here are some of the key benefits of the expanded unemployment insurance scheme:

•   Provides a safety net for workers who lose their jobs: The scheme will help to ensure that workers have a financial cushion to fall back on if they lose their jobs. This will help to reduce the financial stress and anxiety associated with unemployment.
•      Reduces the financial burden of unemployment: The scheme will help to reduce the financial burden of unemployment on individuals, families, and the government. This will free up resources that can be used to support other social programs and initiatives.
•  Promotes social protection: The scheme is a sign of the government's commitment to social protection. It shows that the government is concerned about the well-being of its citizens and is taking steps to ensure that they have access to essential social services.
•  Creates a more inclusive economy: The scheme will help to create a more inclusive economy by providing support to workers who lose their jobs. This will help to ensure that everyone has the opportunity to participate in the economy and contribute to society.

Unemployment Insurance Scheme Expansion: Free zone employers will be able to register their employees under the UAE's Unemployment Insurance Scheme. This scheme provides financial support to employees who lose their jobs through no fault of their own.

Here are some of the key benefits of the expanded unemployment insurance scheme:

• Provides a safety net for workers who lose their jobs: The scheme will help to ensure that workers have a financial cushion to fall back on if they lose their jobs. This will help to reduce the financial stress and anxiety associated with unemployment.
• Reduces the financial burden of unemployment: The scheme will help to reduce the financial burden of unemployment on individuals, families, and the government. This will free up resources that can be used to support other social programs and initiatives.
• Promotes social protection: The scheme is a sign of the government's commitment to social protection. It shows that the government is concerned about the well-being of its citizens and is taking steps to ensure that they have access to essential social services.
• Creates a more inclusive economy: The scheme will help to create a more inclusive economy by providing support to workers who lose their jobs. This will help to ensure that everyone has the opportunity to participate in the economy and contribute to society.

  Payment of Employment Entitlements in Case of Death: The MoHRE is considering amending the law to ensure that the end-of-service gratuity and other employment entitlements are paid promptly to the deceased employee's beneficiaries in the event of their death.

In the unfortunate event of an employee's death in the UAE, there are specific procedures and regulations in place to ensure that the deceased's employment entitlements are paid to their rightful beneficiaries. These entitlements may include:

 ·       End-of-service gratuity (EOSG): The EOSG is a lump sum payment that is due to an employee upon completion of their employment contract. If an employee dies while still employed, their EOSG will be calculated based on their last salary and years of service.

 ·       Salaries and wages: Any unpaid salaries or wages that the employee was entitled to at the time of their death must be paid to their beneficiaries.

 ·       Overtime pay: If the employee was entitled to overtime pay, this must also be paid to their beneficiaries.

 ·       Vacation pay: Any accrued vacation pay that the employee was entitled to must be paid to their beneficiaries.

 ·       Repatriation costs: If the employee was not a UAE national, the cost of repatriating their body to their home country will be borne by their employer.

 ·       Life insurance: If the employee had life insurance coverage through their employer, the death benefit will be paid to their designated beneficiaries.

 ·       Workers' compensation: If the employee's death was caused by a work-related accident or occupational disease, their beneficiaries may be entitled to workers' compensation benefits.

 Payment Procedures

 ·       Notification of death: The employer must be notified of the employee's death as soon as possible.

 ·       Death certificate: The employer must obtain a copy of the deceased employee's death certificate.

 ·  Beneficiary identification: The employer must identify the deceased employee's beneficiaries, who are typically their next of kin.

 ·    Calculation of entitlements: The employer must calculate the deceased employee's employment entitlements, including EOSG, unpaid wages, overtime pay, vacation pay, and repatriation costs.

 ·       Payment to beneficiaries: The employer must pay the deceased employee's employment entitlements to their beneficiaries within a specified timeframe.

 Additional Considerations

 ·       Probate: If the deceased employee had a will, the beneficiaries may need to obtain a probate order from the court to access their entitlements.

 ·       Legal assistance: If the beneficiaries have any questions or concerns regarding the payment of their entitlements, they may seek legal assistance from an experienced labor lawyer.

 DIFC Employment Law Changes: The Dubai International Financial Centre (DIFC) has announced proposed amendments to its Employment Law. The proposed amendments are designed to enhance the protection of employees' rights and to make it easier for businesses to operate in the DIFC.

 Key proposed amendments include:

 ·       A requirement for employers to provide employees with a written contract of employment. This is a significant change from the current law, which only requires employers to provide employees with a statement of employment particulars.

•        An extension of maternity leave from 45 working days to 65 working days. This is in line with the maternity leave provisions in the UAE Labor Law.
• ·       A new requirement for employers to make "top-up" payments into a Qualifying Scheme on behalf of eligible GCC national employees. This is to ensure that GCC national employees receive the same level of end-of-service benefits as expatriate employees.
• ·       A new provision allowing employees to bring claims against their employers during their employment rather than only post-termination. This is a significant change that is likely to make it easier for employees to enforce their rights.

The proposed amendments are still in the consultation phase, and the DIFC is accepting feedback from the public until 29 September 2023. The amendments are expected to come into force in 2024.

 Here are some of the potential impacts of the proposed amendments:

 ·       Businesses will need to review their employment contracts to ensure that they comply with the new requirements.

       Businesses will need to implement new systems to track and pay top-up contributions into Qualifying Schemes.

·       Employees will have more protection of their rights, including the right to bring claims against their employers during their employment.

·       The DIFC will become an even more attractive place to do business, due to its strong legal framework and its commitment to protecting employees' rights.

Data Protection Law: The UAE is currently developing a new data protection law, which is expected to be enacted in 2024. The new law will set out how businesses can collect, use, and store personal data.

 ·       Artificial Intelligence (AI) Regulation: The UAE government is developing a regulatory framework for AI, and we could see new laws in this area in 2024. 

·       Fintech Regulation: The UAE is a major fintech hub, and we could see new laws in this area in 2024 to support the growth of the industry. 

·       Sustainability Laws: The UAE is committed to sustainability, and we could see new laws in this area in 2024 to promote sustainable practices.

 These are just some of the expected new UAE law updates in 2024. It is important to note that these are just proposals, and the final details of any changes have not yet been finalized. However, they provide an indication of the UAE government's commitment to continuous improvement and ensuring a fair and business-friendly legal environment.