Gulf Co-operation Council Commercial Arbitration Centre

The British Prime Minister's visit to the Gulf earlier this month had a clear sales mission ("David Cameron in the Gulf: Defence sales 'legitimate'" BBC 5 Nov 2012). Sales require contracts and sensibly drawn up contracts contain choice of jurisdiction clauses. I have already discussed extensively the common law courts in Dubai and Qatar and the Bahrain Camber for Dispute Resolution in "Bahrain: a Forum for the Resolution of IP and Technology Disputes?" 30 Jan 2011. There is, however, another forum in Bahrain, namely The Gulf Co-operation Council Commercial Arbitration Centre ("GCCAC"),

Although the GCCAC is in Bahrain it is a Gulf Co-operation Council institution rather than a Bahraini one.   According to its Charter, which can be downloaded from the GCC website together with its Rules of Procedure, the GCCAC was established by the governments of the GCC states at their 14th summit meeting in Riyadh in December 1993 and each of the GCC member states is represented on its Board of Directors.   The Charter and Rules of Procedure were approved by the GCC governments in November 1994 and the GCCAC opened for business on 19 March 1995.

Art 2 of the Charter provides:

"The Centre shall have the power to examine commercial disputes between GCC nationals, or between them and others, whether they are natural or juristic persons, and commercial disputes arising from implementing the provisions of the GCC Unified Economic Agreement and the Resolutions issued for implementation thereof if the two parties agree in a written contract or in a subsequent agreement on arbitration within the framework of this Centre."

According to the chapter on the GCCAC in WikiMediation, it resolves disputes relating to "banks, financial institutions, insurance, reinsurance, constructions, engineering, various contracting, intellectual property covering commercial and industrial, copyrights, and all types of international commercial contracts."

Art 10 of the Charter provides:

"An Arbitral Tribunal shall be formed by appointing a single arbitrator or three arbitrators as may be mutually agreed upon by the parties under an Arbitration Agreement or Contract.  In case there is no Agreement, the Rules of Procedure issued by the Board of Directors shall be applicable."

The arbitrator must be "a legal practitioner, judge or a person enjoying a wide experience and knowledge in commerce, industry or finance" and he "must be reputed for his good conduct, high integrity and independent views" (art 11). Such arbitrator may, but does not have to be, selected from a panel prepared by the chambers of commerce of the GCC member states.

Interestingly, art 2 (1) of the Rules of Procedure requires arbitration agreements to "preclude the reference of the dispute before any other authority" and also "any challenge to arbitration award passed by the Arbitral Tribunal."  Art 2 (2) proposes the following text for an arbitration agreement:

"All disputes arising from or related to this contract shall be finally settled in accordance with the Charter of the Commercial Arbitration Centre for the States of the Cooperation Council for the Arab States of the Gulf."

An arbitration is started by a written application to the Secretary-General of the GCCAC containing the following information:

(1)  The full name, address, nationality and capacity of the applicant;

(2)  The full name, address, nationality and capacity of the other party;

(3)  A statement of the nature of the dispute annexing relevant documents;

(4)  The name of the arbitrator (if any); and

(5)  A copy of the arbitration agreement and related documents (art 9 of the Rules of Procedure).

If everything is in order and all fees are paid, the documents are sent to the other side who has 20 days in which to respond which can be extended for a further 20 (art 11).

Art 29 requires the tribunal to apply the following principles in resolving the dispute:

1. The contract concluded between the two parties as well as any subsequent agreement between them.
2. The law chosen by the parties.
3. The law having most relevance to the issue of the dispute in accordance with the rules of the conflict of laws deemed fit by the Tribunal.
4. Local and international business practices.

Arbitrators have power under art 28 to make interim orders such as 

"ordering the deposit of the goods with third parties or sale of the perishable items thereof in compliance with the procedural rules in the country where the interim measure is adopted."

Members of these chambers would be glad to advise and represent parties to technology licensing or other intellectual property disputes before arbitrators appointed under these provisions.   Further information can be obtained from +44 161 850 0080 or you can send a message through my contact page. You can also follow me on Facebook, Linkedin, Xing or twitter.

Cybersquatting Emirates Style: the UAE Domain Name Dispute Resolution Policy

In "Domain Names: New Domain Name Dispute Resolution Policy for ".ae" and "امارات." Top Level Domains" 22 Jan 2011, I outlined the domain name registration system for the United Arab Emirates  country code top level domain name space (".ae" and "امارات.") and its domain name dispute resolution policy (the UAE Dispute Resolution Policy ("UAE DRP"))..

As I explained in that article, the UAE DRP is modelled on ICANN's Uniform Domain Name Dispute Policy ("UDRP") and managed by the World Intellectual Property Organization ("WIPO") and cases come before the same panellists who decide cases under the UDRP.  WIPO currently has one Emirates resident on its list, namely  Ms. Hoda Barakat of Dubai, but WIPO's policy is to appoint a panellist from a third country where the parties are from different countries.   Only when the parties are from the same country will WIPO appoint a panellist from that country.

The cases that have been resolved in accordance with the UAE DRP since 2006 are listed on the WIPO UDRP Domain Name Decisions (ccTLD) page of the WIPO website.   As of today there have been 16 decisions and all but 2 have resulted in an order for the transfer of the disputed domain name to the complainant.  The two that have been determined differently - DAE2006-0001 (<morganstanley.ae>) and DAE2008-0002 (<loreal.ae>) - have been "terminated."  Most of those cases have been decided by single panellists but a few have been decided by 3 member panels.

An index of the decisions appears below:

• <bayer.ae>: Bayer AG v Lin Shen 21 June 2012;
• <rbs.ae>: Royal Bans of Scotland Plc v Pavel Kornilov 21 June 2012;
• <flickr.ae>: Yahoo Inc. v Lin Shen 1 June 2012;
• <me-enterprise.ae>: Enterprise Holdings Inc. v Enterprise ME Car Rental LLC 18 April 2012;
• <youtube.ae>: Google Inc. v Mobitronix LLC 29 March 2012;
• <skype.ae>: Skype Ltd. v Mobitronix LLC 23 Jan 2012;
• <gulftalent.ae>: Gulf Talent FZ-LLC v. F. A. (RWG000000000B0D5)  Feb 2011;
• <ferrariworld.ae>: Ferrari S.p.A. v. ST Network International Limited 25 Nov 2009;
• <hardees.ae>: Hardees Food Systems Inc. v. Ali Abdelwahed (AEORG-MAHMEDO) 30 Sept 2009;
• <dunkin-donuts.ae> and <dunkindonuts.ae>: DD IP HOLDER LLC v. Ali Abdelwahed (AEORG-MAHMEDO) 28 Sept 2009;
• <baskin-robbins.ae> and <baskinrobbins.ae>: BR IP Holder LLC v. Ali Abdelwahed (AEORG-MAHMEDO) 25 Sept 2009;
• <yahoo.ae>: Yahoo Inc. v Fady Alassahd a/k/a Fady Al Assaad  2 April 2008;
• <ebay.ae>: eBay Inc. v. Akram Mehmood  16 June 2007; and
• <sonyericsson.ae>:  Sony Ericsson Mobile Communications International AB and Others v Mohamed Ali Aal Ali  23 Oct 2006.

One of the areas of law in which these chambers specialize is domain name dispute resolution (see the NIPC Domains website). Should you or your client require advice or representation in a domain name dispute in the ".ae" top level domain or elsewhere we shall be glad to help.  You can call us on +44 161 850 0080 or  send a message through my contact page.  You can also follow me on Facebook, Linkedin, Xing or twitter.

Du Trademark: Trade Mark Law in the UAE

DuTrademark Group describe themselves as "a group of trademark professionals who network and share there knowledge also exchange business after building a trust between each other". They offer a range of services including searches, advice and representation on trade mark law in Afghanistan and Algeria as well as the United Arab Emirates.

They have written a very good article on trade mark law in the UAE which discusses the local legislation and practice.

If you want to discuss this article further, their contact details are:

Horwath Mak
International Trademark & Patent Attorneys
1403, Al Reem Tower,
Al Maktoum Street,
Deira,
P O BOX 82315,
Dubai,
UAE.
Email: info@dutrademark.

Phone 971 (4) -236-7588 or +971 (4) -236-7589

Qatar Civil and Commercial Court Official Practice Guide

On 28 July 2012 I discussed the Qatar International Court and Dispute Resolution Centre and on 28 June 2011 the Qatar Financial Centre: Civil and Commercial Court Regulations. The practice of the Court is now set out in an Official Practice Guide which has been prepared by the judges under the supervision of Lord Cullen with the approval of Lord Woolf.

Overview
Compared to the English court guides, the Official Practice Guide is very short, consisting of no more than 10 pages.   Its purpose is to

"provide parties to disputes and their legal representatives with practical information as to the general approach of the Court and what is expected of them in cases before the Court. Although the Practice Guide is issued under Article 37.2 of the Court’s Regulations and Rules of Procedure (“Regulations”), its contents do not have the force of law. However, the Practice Guide may be taken into account by the Court in assessing the conduct of parties to the litigation, for example, when a question of costs arises."

Constitution of the Court

The Guide explains that the Court two Divisions: a First Instance Division and an Appellate Division. Each of the judges is able to sit in either Division.  Trials take place before a single judge sitting alone while appeals lie to a bench of three.  

Jurisdiction

Challenges to the Court's jurisdiction are to be raised at the earliest practical opportunity.  Cause will have to be shown if a challenge is made at a later stage.  The Court may also decline jurisdiction of its own initiative or transfer cases to another court in Qatar.   It may accept jurisdiction if the parties so choose provided that there is a sufficient connection with Qatar.

Case Management

As in England cases are actively managed by the Court in accordance with the overriding interest.

Statements of Case

Again as in England, claims are begun by the issue of a claim form. The claimant must state the nature of the dispute, the facts relied on (but not the evidence), the legal basis for the claim and the remedy sought.   He or she should attach all documents that are of particular importance to the his or her case.  The defendant should indicate whether the claim or any part of it is admitted. To that end the defence should indicate to what extent the facts relied on by the claimant are accepted, or, as the case may be, are disputed.

Language

Proceedings are usually conducted in English but parties have the right to use Arabic if they so wish.

Representation

Any lawyer qualified to practise before a superior court of any jurisdiction has the right to appear in the Court. Directions hearing can be conducted by telephone or video link.

Judgments

Judgments are published on the Court's website in English and Arabic.  They are enforced by an Enforcement Judge.  

ADR

As I mentioned in  Qatar International Court and Dispute Resolution  the Court has extensive facilities for mediation and other forms of ADR and parties are encouraged to use them.

Further Information
Should anybody wish to discuss this topic further, he or she can call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter.

Saudi Arabia: King Abdulaziz City for Science and Technology

I first mentioned King Abdulaziz City for Science and Technology ("KACST") in my overview of Saudi intellectual property law on 22 May 2011, KACST has two functions.  It is the Saudi Arabian national science policy making body whose responsibilities include granting patents for new inventions. It is also the kingdom's national laboratories. It is an enormous complex to the North of Riyadh employing 2,500 persons next door to King Saud University. It also has a branch in Jeddah.

KACST carries out its functions through a number of institutes, centres, directorates and units.  One of those directorates is the General Directorate for Industrial Property which serves as the kingdom's patent and plant varieties office and industrial designs registry, There is also a Legal Directorate which prepares and enforces legislation specifically for KACST.

The City has identified a number of strategic technologies and particulars of its plans for research in those technologies can be downloaded here. The application of this research to Saudi industry is undertaken through a number of technology incubators and innovation centres. KACST is a major publisher in Arabic and English including scientific journals on water, oil and gas, petrochemicals, nanotechnology and biotechnology. A summary of the City's services can be found here.

KACST's vision is "to be a world-class science and technology organization that fosters innovation and promotes knowledge-based society in the Kingdom."

Gulf Co-operation Council Patent Office Statistics

I mentioned the Gulf Co-operation Council Patent Office in Patents: Gulf Co-operation Council on 21 Jan 2011. The Office has now published its statistics on its website:
Number of Applications     22,018
Granted patents                 1,454
Non-valid applications         6,199
Applications in progress    13,719
Fir further information call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter..

The Qatar International Court and Dispute Resolution Centre

The Qatar International Court and Dispute Resolution Centre could be described irreverently as a one stop justice shop. Located in purpose build premises in the Qatar Financial Centre in Doha it houses the Qatar International Court (as the Qatar Financial Centre Civil and Commercial Court is now known) and provides facilities for early neutral evaluation, mediation and arbitration as well as litigation.

The Centre's vision is:

"To develop a world class International Court and Dispute Resolution Centre and provide national and international civil and commercial dispute resolution services within Qatar and the Middle East region that are accessible, modern, expeditious, economical and responsive to the needs of global business markets."

Its facilities include multi-channel video and audio-conferencing equipment that enable parties and their counsel to conduct proceedings from anywhere in the world.  Its court room in Doha is equipped with computers fitted with touch screen panels for the parties and proceedings are displayed on large TV monitors. Facilities for negotiation, mediation and other forms of alternative dispute resolution ("ADR") are provided in the same building. 

I described the court's jurisdiction and organization in my article  "Qatar Financial Centre: Civil and Commercial Court Regulations" which appeared on this blog on 28 June 2011,  Since that article the court has published an introduction to the court and its procedure ("Additional Procedural Information"), Procedural Rules and  an Official Practice Guide.

Art 29.1 of the Regulations provides that "any qualified lawyer who is entitled to appear before the superior courts ......of any ... jurisdiction shall have rights of audience. Since the proceedings are in English and most of the judges cone from the United Kingdom barristers from England and Wales would be well placed to represent parties before that court.   

Just I wrote this article I watched the Qatar team proudly march through the Olympic stadium.  I was delighted to see women among their number and I extend a particularly warm welcome to them. I hope they enjoy their stay in my country and wish them the best of luck in their competitions.  My best wishes to the  representatives of the other countries in the region too.

Should anybody wish to discuss this topic further, he or she can call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter..