Abu Dhabi Global Market Update

St Salvator's College, St Andrews
© 2022 Jane Elizabeth Lambert: All rights reserved

Jane Lambert

Abu Dhabi Global Market (ADGM) is the international financial centre and free economic zone of Abu Dhabi, located on both Al Maryah Island and Al Reem Island.   I first mentioned it on 22 Feb 2016 in Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf. Like the Dubai International Financial Centre and the Qatar Financial Centre, the ADGM has its own legal system based on English common law.

The reason I mention the ADGM today is that St. Andrews University Business School announced that it will host a Future Readiness Summit in Abu Dhabi between 26 and 29 Jan 2026 in conjunction with the ADGM Academy and the Future Readiness Academy. The ADGM Academy's mission is 

"dedicated to delivering world-class financial education and literacy, aiming to position Abu Dhabi as a leading global financial center. They are committed to providing educational and experiential programs on a wide range of topics and qualifications in banking, finance, leadership, entrepreneurship, technical, and soft skills. Their mission is to enhance the skills and knowledge of professionals in the financial sector."

The Future Readiness Academy's purpose is "to make Future Readiness a new way of living, learning, and working."

Professor Phillips O’Brien and Dr Adham Saouli are coming from St Andrews.  They will join Dr Selina Neri, CEO, Dean and Co-Founder at Future Readiness Academy and Dr Marius Oostuizen, a member of the Academy's faculty.

Although intellectual property is not on the programme, innovation, branding and creativity will almost certainly be discussed.   Abu Dhabi's rigorous common law legal system protects investment in intellectual assets effectively.  It has already resolved its first intellectual property case.   The ADGM Academy has a School of Law with a programme on navigating business disputes. 

Anyone requiring information on ADGM law or practice should call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.

Why is there no longer a British IP Attaché to the Gulf Co-operation Council?

Author IJA Public Domain Source Wikimedia Commons

British EmbassyAbu Dhabi

 

Jane Lambert

The UK Intellectual Property Office has published a Linkedin newsletter called IPO Overseas,  It is about the UK's network of overseas IP attachés, trade experts and UK-based policy teams.  The latest issue, which was published on 26 July 2024, is entitled "IPO's Middle East and North Africa ('MENA') International Team.,  Although the subtitle is "How our IP Attaché network can help you do business with the Middle East and North Africa" the publication features an interview with  Ben Llewellyn-Jones, IPO’s Director of Business and International Policy and not with an attaché.

The British government used to have an attaché to the Gulf Cooperation Council ("GCC"), On 27 Oct 2021 I wrote that HM government signalled the importance of the GCC as a trading and investment partner by appointing Yamish Yakoob as its first Intellectual Property Attaché to the bloc in UK's New Intellectual Property Attache to the GCC.  I based my article on the IPO's Case Study IP Attaché: Yamish Yakoob, Gulf Cooperation Council of 7 Oct 2021 which was apparently withdrawn on 27 March 2024.  No explanation has been given for the withdrawal.  Mr Yakoob is still at the British embassy in Riyadh but his new job title is "Retail, Food & Drink @ British Embassy." His LinkedIn page indicates that he started that job in April 2024.

In his interview, Mr Llewellyn-Jones said that the GCC is this country's 4th largest non-EU trading partner after the USA, China and Switzerland and that British trade with that region is worth around £59 billion.  He indicated that the government is negotiating a free trade agreement with the GCC.  He mentioned that UK businesses can face a number of challenges when registering and protecting their IP in the Middle East. These can range from the need to take effective action against trade mark infringement to high registration fees.

Mr Llewellyn Jones encouraged British businesses to use the IPO's international team: The team knows that local IP systems can be difficult for some to navigate even if a business has registered its IP in the UK with the IPO. He said:

“This is where our international team can help with their local knowledge”, said Ben. “We can help to guide businesses through these IP systems, guide you through what to expect and support you as you build your business overseas”

His top tips were:

• "If you're looking to trade in MENA and the GCC, include IP as part of your market research or export plan
• Do your due diligence and check, for example, if someone already registered a trade mark that is the same as yours. If you're not sure, we'll have a complex portfolio of IP rights and legal experts who will be able to help you.
• Finally, if your IP is an important part of your business value, register your rights as soon as you can!"

The British government has published further guidance and information on doing business and the IP issues that arise in the Middle East which is not linked directly to the IPO's newsletter.   However, I incorporated that guidance and information and combined it with my own in IPO Guidance on the Gulf Cooperation Council on 8 April 2023.

One resource that the IPO does not mention and perhaps should is that there are English-speaking common law courts in Dubai, Abu Dhabi and Qatar.  Each of those courts has judges who practised in the UK or other Commonwealth common law jurisdictions and all members of the Bar of England and Wales can qualify easily to appear before them.  If a British company is thinking of licensing its technology, distributing its goods or franchising its services in the region it may find advantages in choosing the law of one of those legal systems as the proper law and its courts as the forum for future dispute resolution. 

This is an area in which my chambers have some expertise.  Colleagues who practise other areas of law already appear before those courts.  Last year, Stephen Somerville, our first deputy senior clerk visited Dubai and he has been sufficiently encouraged by that visit to make a second trip later this year.   Anyone interested in using our expertise and connections should contact me on +44 (0)20 7404 5252 during UK office hours or send me a message at other times through my contact page.

The Oman Commercial Arbitration Centre

Mr James Bridgeman SC

 

Jane Lambert

I am delighted to report that my friend and colleague, James Bridgeman SC, will give a talk entitled  "Commencing an International Arbitration under the laws of England & Wales" n the Muscat Hall of the Oman Commercial Arbitration Centre ("OCAC") between 10:30 and 13:30 tomorrow.  James is a member of my chambers and a silk of the Republic of Ireland Bar.   He is also a member of the Bars of England and Wales and Northern Ireland, a past President of the Chartered Institute of Arbitrators and an accredited mediator.  He sits on several dispute resolution panels including the arbitration and domain name dispute resolution panels of the World Intellectual Property Organization. 

Oman is the latest member state of the Gulf Cooperation Council to establish an international dispute resolution centre.  The United Arab Emirates has the Dubai International Financial Centre Courts and the Abu Dhabi Global Markets Courts, Qatar has the Qatar International Court and Dispute Resolution Centre and Bahrain has the Bahrain Chamber for Dispute Resolution.   The OCAC was founded by Royal Decree 26/2018  dated 17 Oct 2018.   The Centre is governed by Regulations issued by the Board of Directors Chairman of the Oman Chamber of Commerce pursuant to art 2 of the Royal Decree. 

The Centre was set up to encourage investment in accordance with Oman's 2040 Vision.  It offers arbitration, mediation and other alternative dispute resolution through its panellists.  Its arbitration and mediation rules are published on its website.  OCAC also trains arbitrators in collaboration with the Chartered Institute of Arbitrators and mediators in collaboration with the Centre for Effective Dispute Resolution ("CEDR").  Photos of its hearing and meeting rooms, hire charges and other costs appear on the OCAC's website.

Anyone wishing to discuss this article may call me during UK office hours or send me a message through my contact form. 

Transformation of the Legal Services Industry in Saudi Arabia - Women in Mediation

Jane Lambert

Yesterday I attended a webinar organized by the Abu Dhabi Global Markets Arbitration Centre and Phoenix Advisors Ltd. on  "Transformation in the Legal Industry" in Saudi Arabia.  The webinar has been recorded and may be viewed here,  It is part of a series of webinars that considers alternative dispute resolution, technology and third party funding in the legal systems of several countries around the world.  The series started in India and will consider legal services in Lagos, New York, London and Abu Dhabi.

Although Saudi Arabia is an important country very little is written about its legal system.  The few publications in English that do exist are not very enlightening.  I once had the pleasure of speaking at the Arab-British Chamber of Commerce International Intellectual Property Conference "Combating Transnational Intellectual Property Crime" in London in 2013 where I had the pleasure of meeting one of the first women to be called to the Saudi Arabia bar as well as some of the kingdom's judges, officials and practitioners.  One of the attendees on the mediator training course that I attended in 2000 was a Saudi lawyer.  That was just about the limit of my previous personal experience of the Saudi legal system before the webinar.

One of the first speakers in the webinar was Rozana T AL Tayyar who founded Taswea, a mediation service in Saudi Arabia.  According to its website:

"TASWEA, previously known as “The Mediation Gateway”, was established in 2015 to promote amicable conflict resolution within the business community in Saudi Arabia to support business sustainability and relationships. Rozana ALTayyar, founder of TASWEA, has 18 years of overall experience in the field, achieving a 70% success rate in 2018."

Ms Al Tayvar reported that mediation is well established in Saudi Arabia and many of the mediators are women.   She mentioned that Saudi Arabia was one of the first countries to sign the Singapore Convention on Mediation which the UK has not yet done.

Bearing in mind that I had noted that Saudi women had only recently been allowed to practise law in their country (see Saudi Women can now practise Law 14 Oct 2013) I found Ms A; Tayvar's observations surprising but encouraging.   I asked a question about the sort of work that was referred to mediation generally and more particularly the sort of mediation work that was facilitated by women,  Ms Al Tayvar replied that all sorts of work were mediated and women handled every kind, In answer to a supplemental question, she explained that a legal qualification is not required of mediators.  She explained that she had acquired considerable expertise in financial services and that parties approached her because of that expertise.

Another speaker said that there was a tendency for mediators to adjudicate as well as mediate which is something that we are reluctant to do in this country.  The reasoning in Saudi Arabia seems to be that the mediator's expertise in the subject matter of the dispute qualifies him or her to determine issues in the dispute as well as catalyze negotiation.

Mediation was just one of many topics discussed yesterday.  Some questioners were interested in the use of blockchain technology, smart contracts and artificial intelligence.  There were polls on the effect of coronavirus on legal practice and the factors likely to attract clients which included creative fee arrangements.   I would have appreciated a bit of background on the legal system in the kingdom and how it works in practice but there is only so much that can be achieved in an hour's webinar.

Anyone wishing to discuss this article or any of the topics mentioned in it should message me through my contact page. I shall be glad to reply by phone, VoIP or email.

The Abu Dhabi Global Market Courts hear their First Case

Jane Lambert

In Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf 22 Feb 2016 I reported that Abu Dhabi had set up its own financial centre known as Abu Dhabi Global Market with its own English language common law courts.  I can now add that the Court of First Instance has heard its first case.

The Court heard for an application for interim declarations brought by the claimant Afkar Capital Ltd, against Saifallah Mohamed Amin Mahmoud Fikry (see  Afkar Capital Limited v Fikry [2017] ADGMCFI 1). Both sides were instructed by English counsel and the application came on before Sir Andrew Smith.

Sir Andrew refused the application for three reasons. The first was that the application raised issues that could only be determined at trial. The second was that the action was due to come on for trial early in the New Year. Interim declaratory relief would only marginally benefit the claimant but could result in injustice for the defendant.   Thirdly, an interim declaration would serve no practical purpose.

Anyone wishing to discuss this case or the Abu Dhabi Global Market Courts generally should call me between 08:30 to 18:30 London time on +44 (0)20 7404 5252 or send me a message through my contact form.

Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf

The Abu Dhabi Global Market ("the ADGM") describes itself as "a broad-based international financial centre for local, regional and international institutions, established in accordance with the Federal Law No (8) of 2004, Federal Decree No (15) of 2013, Cabinet Resolution No (4) of 2013, and Abu Dhabi Law No (4) of 2013." It is located on Al Maryah Island which is a 114 hectare island to the North East of the capital. Like the Dubai International Financial Centre and the Qatar Financial Centre, the ADGM will have its own legal system based on English common law.

S.1 (1) of the Application of English Law Regulations 2015 provides:

"The common law of England (including the principles and rules of equity), as it stands from time to time, shall apply and have legal force in, and form part of the law of, the Abu Dhabi Global Market—
(a) so far as it is applicable to the circumstances of the Abu Dhabi Global Market;
(b) subject to such modifications as those circumstances require;
(c) subject to any amendment thereof (whenever made) pursuant to any Abu Dhabi Global Market enactment; and
(d) notwithstanding any amendment thereof as part of the law of England made pursuant to an Act or any legislative instrument adopted thereunder at any time after the date of enactment of these Regulations, which amendment shall not apply and have legal force in, or form part of the law of, the Abu Dhabi Global Market, unless and until an Abu Dhabi Global Market enactment expressly provides that it applies and has legal force in, and forms part of the law of, the Abu Dhabi Global Market."

Accordingly, it would appear that the English law of confidence and the action for passing off are imported directly into the law of the ADGM.

S.2 (1) of the same Regulations imports a number of UK statutes into ADGM law with certain modifications. The governing body of the ADGM have made their own laws on companies, data protection, employment, insolvency and partnerships which are based on English law. All the ADGM's laws will be in English.

The ADGM Courts will be governed by the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015. S. 1 (2) of those Regulations establishes a Court of Appeal and a Court of First Instance. S.12 (1) provides for the Court of Appeal to be a superior court of record and the court of final instance in the ADGM and s.16 (1) for the Court of First Instance to be a superior court of record.  The Court of Appeal shall consist of the Chief Justice of the ADGM and any other judge directed to sit in that court by the Chief Justice (see s.26 (1)). The Court of First Instance shall consist of the Chief Justice and any other judge directed to sit in that court by the Chief Justice.

The Chief Justice has power under s.187 (1) and s.191 (1) of the Regulations to make rules and practice directions to be known as the “ADGM Court Procedure Rules” (see s.186 (1)). These rules shall govern and provide for all the practice and procedure to be followed in the Court of Appeal, the Court of First Instance and any other court as may, from time to time, exist.

The Courts are likely to open in the next few months.  The judiciary has now been appointed. Lord Hope of Craighead will be the first Chief Justice and Lord Saville, the Hon. Kenneth Hayne AC, the Rt. Hon. Sir Peter Blanchard KNZM and William Stone QC will also sit on the bench. Lord Hope must now compile draft ADGM Court Procedure Rules and Practice Directions for consultation.  When the courts open, any lawyer who has practised or been employed as a lawyer for a continuous period of 5 years or more anywhere in the world may appear before the ADGM courts by virtue of s.219 (1) (a) of the ADGM Courts etc Regulations 2015.

Should anyone wish to discuss this article of the ABGM courts generally he or she should not hesitate to call me during office hours on +44 (0)20 7404 5252 or get in touch through my contact form.

World Intellectual Property Day in the Gulf

On 26 April 1970 the Convention Establishing the World Intellectual Property Organization came into force. The anniversary of that event is celebrated throughout the world as World Intellectual Property Day. A different theme is selected for the event each year. This year it is "The Movies - A Global Passion."

The WIPO enters details of the celebrations on a special Facebook page. So far the WIPO appears to be aware of three events in the GCC region:

• The Third Saudi Forum for Intellectual Property at King Abulaziz City for Science and Technology in Saudi Arabia which will address issues of existing Saudi laws and enforcement;
• Also in Saudi Arabia, a series of lectures on IP by Dr. Mohamed Gasim Ibrahim and Dr. Fawaz Ahmed Saad of Umm Al-Qura University; and
• In DubaI a course on patent valuation offered by The Licensing Executives Society – Arab Countries in cooperation with Business Development Academy.

Should any other events in the region to mark World Intellectual Property Day appear on the WIPO Facebook page between now and Saturday I shall mention them here.

None of those events relates to film which may be explained by the fact that film making and distribution in the GCC countries is quite small. According to Wikepedia there are no cinemas at all in Saudi Arabia though films are seen in that country on television, over the internet and on DVD and at least one Saudi film has been made though it was shot abroad and the lead female actor was Jordanian (see Cinema of Saudi Arabia). Kuwait seems to be the only state in the region with a highly developed film industry and local cinemas (see cinema of Kuwait) and the industry is growing in the United Arab Emirates (see Cinema of the UAE). Initiatives like the incentives offered by the Abu Dhabi Film Commission upon which I reported in 

Abu Dhabi: An Offer to Film Makers that will be hard to refuse 31 May 2012 should certainly help.

World Intellectual Property Day falls on a Saturday this year so it is difficult to mark the day. Over the next few weeks or so I shall be writing about copyright and rights in performances, the intellectual property rights that protect film makers, distributors and actors, as my contribution to the day. In the meantime, as the greeting "Happy World Intellectual Property Day" is something of a mouthful I wish all my readers around the world a good weekend (whether they celebrate it on Friday and Saturday or Saturday and Sunday). I hope they take in some of their local events to mark World IP day and that at the very least that they get to see a good movie or some other show.

Abu Dhabi: An Offer to Film Makers that will be hard to refuse

On 20 May 2012 The Abu Dhabi Film Commission announced an incentive scheme to attract film makers to the Emirate. It takes the form of a 30% rebate of the eligible production spend in Abu Dhabi. According to FAQ about the scheme on the Commission's website the following expenditure qualifies for a rebate:

"All expenditure within Abu Dhabi on location or studio filming and expenditure that is directly related to the production of the project that is purchased or sourced through Abu Dhabi based companies. This includes the purchasing or licensing of intellectual property and goods owned, or facilities and services provided by Abu Dhabi companies."

Expenditure that is not eligible includes

1. Financing expenditure
2. General business overheads of the UAE co-producer or production services company 
3. Deferments, profit participation and residuals
4. Advances
5. General expenses such as general costs of administration
6. Travelling and transport costs of crew and cast to UAE
7. Gifts and entertainment expenses
8. Expenditures incurred in other countries
9. Land and building costs and maintenance
10. Executive Producer fees
11. Publicity and marketing costs
12. Consultant fees charged by a consultant to prepare the application
13. Costs for legal advice
14. Contingency costs
15. Costs for insurance related to financing
16. Purchase of capital goods

The FAQ indicate that  labour costs relating to contracting UAE registered crew and services including daily payments for activities in Abu Dhabi may qualify for the rebate but deferred salary payments and residuals do not qualify,  Similarly,  though travel and transport of crew and cast to Abu Dhabi are excluded, temporary accommodation in Abu Dhabi as well as airline tickets booked on the Abu Dhabi airline Etihad Airways or the private charter of aircraft based in the UAE may qualify for the rebate.

The rebate is available for almost any type of film or television programme whether shown in Abu Dhabi or not. These include 

• Feature films
• Television drama including series
• TV and feature documentaries
• Factual and natural history
• Comedy
• Commercials
• Music videos 
• Other television, such as lifestyle, reality, game shows and entertainment programmes

It also includes post-production and digital effects services supplied inside Abu Dhabi for projects shot outside the UAE.

The scheme is clearly aimed at attracting  film and programme makers from India and Pakistan who already use Dubai as a film location. The Abu Dhabi Film Commission already operates as an exchange for crews, production companies and locations.  According to its downloadable Locations Guide it can offer some spectacular backdrops for filming.

As I discussed in my articles "Copyright and Related Rights in the United Arab Emirates" of 4 Jan 2012 and 11 Feb 2012 films and performances are protected throughout the Union by Federal Law No. 7 of 2002 concerning Copyrights and Neighbouring Rights.  Abu Dhabi has not set up a local common law jurisdiction like the DIFC Courts or the QFC Civil and Commercial Court (see my article on the QFC of 3 April 2011) but the Abu Dhabi Chamber of Commerce does offer a commercial arbitration service.   Moreover, there appears to be nothing to prevent the choice of any law or jurisdiction in a film contract or contract for production services. Further information about the scheme can be obtained from the Abu Dhabi Film Commission's website or by calling  +971 2 401 2701.

Dubai is also a film location with a growing local film and TV industry. Film and production businesses are beginning to cluster in Dubai Studio City,   There is a also a cluster of advertisers, events management, marketing and other media businesses in Dubai Media City.  According to Rapid TV News, Dubai has recently enacted legislation to establish a film and television commission in Dubai along the lines of the Abu Dhabi Film Commission (see Rebecca Hawks "Dubai to establish film & TV commission" 28 May 2012).

As ever, 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.