Page 410 - Sustainable Cities and Communities Design Handbook
P. 410

Business Ventures and Financial Sector Chapter j 19 383


             international law firms from Common Law jurisdictions has demonstrated
             the application of Common Law principles in commercial contracts. This
             indirectly has further influenced the UAE legal system. 30  Establishing
             business in the UAE is subject to licensing requirements as well as foreign
             investment restrictions. Businesses can be set up in the following two in-
             vestment locations:

             1. mainland UAE, and
             2. Free Trade Zones (“FTZs”).
                To regulate matters such as commercial transactions, commercial
             agencies, civil transactions, labor relations, maritime affairs, intellectual
             property, and commercial companies, a number of codified federal laws have
             been passed. In addition, a number of local laws have also been passed in
             various areas by individual Emirates. There are two main types of laws in the
             UAE:
             l federaldapplicable to the UAE as a whole and issued either by the leg-
                islative body or by the Ministers of each Ministry (Ministerial Order);
             l localddecrees and orders apply only to a particular Emirate (passed by the
                Ruler or Crown Prince of a particular Emirate and issued by a member of
                the Royal Family of that Emirate).
                All emirates have brought their judicial systems into the UAE Federal
             Judicial Authority except Dubai and Ras Al Khaimah. Dubai has retained its
             own independent courts and judges, which are not a part of the UAE Federal
             Judicial Authority. Dubai’s courts apply federal laws (e.g., Companies Law or
             the Civil Code) as well as the laws and decrees enacted by the Ruler of Dubai,
             in case the federal law is absent.
                In 2004 the Dubai International Financial Center Courts (DIFC Courts)
             were founded and they are an independent common law judiciary based in the
             Dubai International Financial Centre (DIFC), with jurisdiction governing civil
             and commercial disputes.
                The DIFC Courts comprise international judges from common law juris-
             dictions such as England, Malaysia, and New Zealand and their procedural
             rules are largely modeled on English civil procedure rules. The official lan-
             guage of the DIFC Courts is English. All proceedings are also conducted in
             English.
                The Dubai government has expanded the jurisdiction of the DIFC Courts,
             which allow any parties (even not incorporated within the DIFC free zone) to
             use the DIFC Courts to resolve commercial disputes. 31  Currently, regional


             30. Doing business in the UAE, A business and tax profile, PKF Accountants & business advisers,
               April 2012.
             31. Previously, only companies based in the DIFC or those that had an issue related to the DIFC
               could use the DIFC Courts.
   405   406   407   408   409   410   411   412   413   414   415