UAE Trends and Developments Contributed by: Amir Alkhaja, Gerry Rogers, Daria Selivanova and Danila Kriuchkov, Habib Al Mulla & Partners
allowing registration of trade marks, copyright and patents though the Ministry’s website. An additional framework has been implemented for a certain type of IP assets, such as virtual assets, to address higher associated risks, including AML, and ensure security of investment in the relevant assets. Thus, the field, which includes virtual assets, cryptocurrency and blockchain technology, is regulated and supervised by a separate body, the Dubai’s Virtual Assets Regu - latory Authority (VARA), established in 2022, in co-operation with the Emirates Securities and Commodities Authority (ESCA), to cover opera - tions across the Emirate of Dubai (excluding DIFC). Dispute Resolution In recent years, following geopolitical shifts, enhancement of local regulations and promo - tion of alternative dispute resolution practices, the UAE has experienced a significant increase in the number of cases heard by locally present fora. In addition to traditional state courts, the UAE offers other flexible and business-friendly solu - tions, being arbitration and mediation. Busi - nesses may also benefit from addressing their disputes to the specialised courts such as, for example, long-standing commercial courts or recently established bankruptcy courts, with specialised industry experts acting as judges overseeing the case. The UAE authorities aim to improving speed, accessibility and efficiency of the proceedings by adopting new regulations (eg, 2023 amend - ments to the Arbitration Law), implementing digital solutions, such as remote hearings and electronic case filing systems, expanding the use of English language in addition to Arabic, and revising fees.
DIFC and ADGM courts, being state courts, often serve as a forum of choice for international businesses alongside the arbitration fora, being Dubai International Arbitration Centre (which replaced the DIFC-LCIA (London Court of Inter - national Arbitration)), the International Court of Arbitration of the International Chamber of Com - merce (ICC Court) (via its case management office in Abu Dhabi), and the Abu Dhabi Interna - tional Arbitration Centre (Arbitrate AD). It is becoming increasingly common to see par - ties use mediation as a standalone or combined (followed by litigation or arbitration) form of dis - pute resolution. Mediation allows an amicable, flexible and friendly solution, which may be a preference to the parties, especially where a dispute involves sensitive matters or high-profile participants and personal relationships between them. To support the trend, in 2021 the UAE adopted the Federal Law on Mediation for the Settlement of Civil and Commercial Disputes, providing a regulatory background and legal framework for the developing institution. This was further followed by the establishment of the Mediation Hub MENA, a non-profit organisation, with the aim to further promote mediation. The choice of dispute resolution mechanism remains dependent on the particular relationship and balance of negotiation powers, as well as additional considerations, such as the amount of potential claim, number of parties, confidential - ity, profile of the partners, judgement challenging perspectives and budget, among other things, and requires a tailored strategy. Final Remarks In recent years, the UAE has demonstrated a strategic and visionary approach, supported by a commitment to be a host for initiatives and innovation, offering a cross-cultural and multi -
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