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German Legal Expertise in the Middle East since 1981

Vol.XVII – Issue 3, Jul. 2013 – Articles

Review of
Legal News of the Gulf

PDF Version

Calculation of the End of Service Gratuity after a Termination Agreement

Guiding Principle

The UAE Labour law (Federal Labour Law No. 8/1980) determines that the calculation of gratuity differs for an employee, who has resigned and an employee, whose employment contract has been terminated by the employer. Therefore, while calculating gratuity for employees relocating within the company’s group, the question emerges: should they be considered as employees who have resigned or employees whose contract has been terminated. And consequently: is a formal termination letter necessary in both of the above mentioned cases?.

New Trademark Law in the GCC

Guiding Principle

The current Trademark Law was ratified in Saudi Arabia in 2007 and is expected to enter into force in the country six months after its implementing regulations are issued by the GCC Trade Cooperation Committee (consisting of the Trade Ministers of the GCC member states).

Trademark Protection in the Kurdish Region of Iraq

Guiding Principle

The Trademark Office of the Kurdish Region of Iraq adopted the currently applicable schedule of fees of the Trademark Office of Baghdad by virtue of Ministerial Resolution No. 3306 dated on April 1, 2013. This decision became effective as of June 1, 2013.

The Enforcement of the International Arbitral Awards in the Legal System of the Islamic Republic of Iran – Part II

Guiding Principle

Under private law the Iranian arbitration law permits a dispute be filed before Iranian or international arbitration forums instead of public courts. In 2001, Iran became a member of the New York UN Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Therefore, foreign arbitral awards can also be enforced in Iran as far as they pertain to commercial matters. A few particularities must be taken into account, however, meaning that ultimately even a foreign arbitral award may not be enforceable in Iran. It should always be kept in mind that in accordance with Article 139 of the Iranian Constitution, arbitral decisions of a foreign party with the Iranian government or a governmental company always require the explicit consent of the parliament.

Expatriate Employments in the Private Sector in the Sultanate of Oman

Guiding Principle

The countries of the Gulf Cooperation Council (GCC) have been pursuing nationalization initiatives aimed at gradually reducing, and eventually eliminating, their dependence on foreign labour. Private sector businesses in the Sultanate currently employ some 1.488 million workers, of which Omanis account for a mere 14.6 per cent. A recent change in the way Oman will go about the business of injecting more nationals into the workforce suggests that the government aims to boost the number of Omanis in couple of vital private sectors.

Specialized Courts to Implement Verdicts in Saudi Arabia

Guiding Principle

Consistent with the provisions of the Saudi Execution Law, the Saudi judiciary has announced the establishment of new courts specialized in executing verdicts. The primary jurisdiction of these courts is to execute the enforceable verdicts as ratified by the Courts of Appeal. The judges at the new courts shall have the jurisdiction for the compulsory execution and its supervision.

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