Publications

Das katarisches Beschäftigungsrecht - Arbeitsrecht und Aufenthaltsrecht

June 17, 2019

 

As a result of its economic strength, Qatar has emerged as one of the most important partners for western companies in the Arab world in recent years. Due to the dependence of the Qatari economy on foreign employees, labor law aspects are becoming increasingly important in addition to general economic and investment laws.

Employment activities in Qatar are primarily subject to the provisions of the labor and sponsorship law. In particular, violations of the sponsorship can lead to considerable fines and imprisonment as well as long-term entry bans.

While in the past Qatari authorities were rather generous regarding the compliance of labor and sponsorship law regulations, there has recently been a trend towards stronger control. The following article comprehensively demonstrates and analyzes the Qatari labor and sponsorship law.

 

Dr. Philipp Stompfe

Besondere vertragsrechtliche Regelungen für Investitionstätigkeiten in Libyen

June 13, 2019

 

Libyan law contains special provisions for the conclusion of investment contracts between foreign investors and the Libyan public sector (investor-state contracts). The legal basis for concluding contracts with the participation of the Libyan state or its subdivisions are the Administrative Contract Regulations (ACR) from 2007. The precondition for the applicability of the ACR is that the investment is state-approved and partially financed by the state. A main characteristic is that the content of the ACR automatically forms part of every investor-state contract.

 

Dr. Philipp Stompfe

Die Bedeutung der Händlerkarte (carte de commerçant) für den Zugang zum tunesischen Markt

June 13, 2019

 

In 1961, the Tunisian legislator adopted Decree-Law No 61-14 on the conditions for the exercise of certain commercial activities (Décret-loi n°61-14 relatif aux conditions d'exercice de certaines activités commerciales). This text stipulates that, in principle, all natural or legal persons who are not Tunisian nationals are prohibited from directly or indirectly engaging in commercial activities. However, the text also contains several exceptions, of which the merchant card is the most important for foreigners in order to be granted access to the Tunisian market.

 

Pauline Coune and Dr. Daniel Smyrek

Wichtige Neuerungen im französischen Handels- und Vertriebsrecht

June 4, 2019

 

Decree No. 2019-359 of 24 April 2019 amends the French Commercial Code (Code de commerce) in a number of essential points relating to general conditions of sale and the abusive termination of business relations. The new rules apply to all contracts and amendments concluded after 25 April 2019. Together with our French partner firm LEXT Avocats, Dr. Daniel Smyrek will give you an overview of the most important innovations in French commercial and distribution law.

 

Dr. Daniel Smyrek

Häufige Fragen rund um Ihre Frankreichimmobilie

May 6, 2019

 

You are looking for advice on the purchase or sale of your real estate in France? You have specific questions on French real estate law, such as taxes, notary or brokerage fees? We have compiled the most frequently asked questions about your real estate in France for you and Petra Kuhn, our expert for German-French real estate law, will be pleased to advise you.

 

Petra Kuhn

The Formation and Protection of International Investment Agreements in the Arab World an Example of Libya and Qatar

 

Libya and Qatar both belong to the financially powerful countries of the Arab world. Due to their economic and financial position of power, these countries have become increasingly significant, especially regarding legal issues. Investment projects with the scale of several billion Euros underline the importance of these countries for western companies. Typical problems and risk structures of foreign investment activities in the Arab world can be shown inductively with reference to the legal system of Libya and Qatar. A key challenge for the drafting of contracts is a strong interdependence of national and international law, as well as the synthesis of law and politics.

This publication analyses the fundamental structures of national Arab investment law and international investment law, and thereby illustrates how the infirmities of these levels of regulation can be compensated by the of precautionary measures.

 

Dr. Philipp Stompfe

Investment Protection in the Near and Middle East

Bilateral Investment Treaties / Force Majeure / Hardship

 

The current political situation in some states of the Near and Middle East and North Africa demonstrates, that political instability in host states (states in which the investment is made) might negatively affect general domestic circumstances to the effect, that the implementation of investment projects might become subject to tremendous impediments or even impossible. This also includes specific political interventions, which aim to harm foreign investors and foreign direct investment. This contribution deals with protection options against detrimental state measures and the legal concept of force majeure and hardship in Arab legal systems.

 

Dr. Philipp Stompfe

Mergers & Acquisitions under Saudi Arabian Law

The International Comparative Legal Guide to:
Mergers & Aquisitions 2019
13th Edition
Chapter 45, pp. 315 et seq.
March 2019

 

This contribution provides an overview of the legal and regulatory M&A regime of Saudi Arabia as well as challenges and strategies for drafting of transaction documents for M&A transactions in and with connection to Saudi Arabia.

 

Dr. Nicolas Bremer

Mergers & Acquisitions under the Law of the United Arab Emirates (UAE)

The International Comparative Legal Guide to:
Mergers & Aquisitions 2019
13th Edition
Chapter 55, pp. 392 et seq.
March 2019

 

This contribution provides an overview of the legal and regulatory M&A regime of Saudi Arabia as well as challenges and strategies for drafting of transaction documents for M&A transactions in and with connection to the United Arab Emirates (UAE).

 

Dr. Nicolas Bremer

Recent amendments to Egypt’s corporate regime

Islamic Finance news
Volume 16, Issue 6
February 13, 2019

 

As part of a larger economic reform program to entice foreign investment and spur growth, Egypt’s government recently issued a number of amendments to Law No. 159 of 1981 regarding commercial companies. The new legislation aims to increase regulatory oversight over stock market transactions and other trade with financial products.

 

Dr. Nicolas Bremer

Rebuilding the Berlin Wall? Legal Implications of the latest Amendments to the German Foreign Trade and Payments Act

Verfassungsblog
February 6, 2019

 

Recent changes to Germany’s Foreign Trade and Payment Act largely affect Foreign Investments in Germany. The German government has lowered the threshold for the screening of Foreign Direct Investment (FDI) to the acquisition of 10% of the voting rights of a German company being active in the military and encryption sector and of German companies which are operating in the field of critical infrastructure according to the Regulation for Identifying Critical Infrastructure.

Those changes have a great impact on conducting investments in Germany.

This contribution analyzes the compatibility of the recent changes with EU law.

 

Dr. Philipp Stompfe

Petit guide pratique du droit allemand des successions

The close economic relations between France and Germany and the globalisation of the behaviour of private investors lead to cross-border inheritances and donations. For example, an inheritance has a foreign connection if a German citizen had his or her last residence in France or vice versa. This is also the case if the German testator owns a holiday home in France.

Since August 2015, the law applicable to the entire estate is the law of the last habitual residence of the testator. Moreover, it is now possible to choose the law applicable to one’s entire estate. 

Under these conditions, French lawyers may be confronted with the application of German law.

 

Petra Kuhn

Recent developments in Islamic finance regulation and outlook

Islamic Finance news
Vol. 16 Issue 3
January 23, 2019

 

Due to the significant regulation of the finance industry, development in the regulatory frameworks governing it is a key factor in the success or failure of the industry. While more liberal regulatory regimes may pose opportunities for short-term growth and high-risk investors, dedicated and effective regulation typically builds trust and fosters long-term progression. This is true to both the conventional industry as well as the Islamic finance industry.

 

Dr. Nicolas Bremer

Ökosysteme für die Automobilindustrie: Exportfreizonen in Marokko

Bilatéral N° 58
December 2018
p. 28-29

 

For some time, Morocco has been promoting industry sectors with high added value by creating free zones. One of these sectors is the automotive industry. In the latest issue of the magazine Bilatéral, published by the German Chamber of Industry and Commerce in Morocco, Dr. Daniel Smyrek and Philippe de Richoufftz comment on the legal framework for the establishment of automotive companies in these specific zones.

 

Dr. Daniel Smyrek and Philippe de Richoufftz

Power Production Regimes in Nigeria

October 2, 2018

 

The local regime offers various possibilities to structure power generation. There are more than 130 holders of generation licenses and the introduction of the eligible customers gives other perspectives to increase the Nigerian power generation capabilities in resting on the private sector.

 

Philippe de Richoufftz and Elisabeth Givelet

Power Production Regimes in Mali

September 25, 2018

 

The electricity sector in Mali is governed by the Order N. 00-019/P-RM dated March 15, 2000 and its implementing Decree N. 00-184/P-RM dated April 14, 2000.
The Malian law leaves the possibility for IPP to produce electricity through power concession or self-energy production.

 

Philippe de Richoufftz and Elisabeth Givelet

100 percent foreign ownership in onshore UAE; effective change or more of the same?

May 28, 2018

 

Legal update UAE Corporate law Foreign ownership restrictions

 

Dr. Nicolas Bremer

Seeking Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in Egypt and the Mashriq Countries

Journal of Dispute Resolution
Vol. 2018, Issue 1
Article 11, pp. 109 et seq.

 

Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign ruling. In particular, the tendency of local authorities to conduct a full revision au fond under an extensive interpretation of the ordre public exception. This article provides an overview of the regulations in Iraq, Jordan, Lebanon, Syria, and Egypt and formulates some suggestions on strategies of dealing with the challenges posed by the existing regimes.

Dr. Nicolas Bremer

Rechtliche Rahmenbedingungen für Geschäfte in den arabischen Ländern

NUMOV, Frankfurt/Main

October 4, 2017

 

Legal framework and financing requests in the Near and Middle East.

 

Dr. Nicolas Bremer

Rechtliche Rahmenbedingungen für Geschäftstätigkeiten in Tunesien

IHK (Frankfurt/Main)
September 28, 2017

 

Market development, framework conditions and business opportunities for German companies in the food industry in Tunisia with a focus on mechanical engineering and plant construction

 

Dr. Daniel Smyrek

M&A transactions in the United Arab Emirates: an overview

The International Law Office (ILO)

August 23, 2017

 

Dr. Nicolas Bremer

Kuwait merger control (2017)

published by LexisNexis (2017)

 

A conversation with Nicolas Bremer of Alexander & Partner Rechtsanwaelte on the Kuwaiti merger control regime outlining the key features of the country's competition regulations as they pertain to merger control. For the full text please access the LexisNexis data base.

Deutsche Welle TV (DW TV) Interview with Dr. Nicolas Bremer on Qatar Sanctions

Deutsche Welle

25.07.2017

 

DW TV's business magazine "Made in Germany" focuses on the ongoing crisis in the Gulf. Dr. Nicolas Bremer speaks on the economic implications on the sanctions imposed on Qatar.

 

Dr. Nicolas Bremer 

VAT Law in Egypt

American Bar Association
Year in Review
Section of International Law
Vol. 51 (2017)
pp. 699 et seq.

 

In 2016, the Egyptian legislator passed the new Value Added Tax law, which was subsequently published in the Official Gazette and took effect on September 8, 2016. The new VAT Law replaced the current General Sales Tax Law, Law 11/1991 (GST Law) and implemented a comprehensive VAT system in Egypt. This contribution provides an overview of the new legislation and its implications for businesses operating and or trading with Egypt.

 

Dr. Nicolas Bremer

New Iraqi Labor Law

American Bar Association
Year in Review
Section of International Law
Vol. 51 (2017)
pp. 703 et seq.

 

In October 2016, the Iraqi legislature issued a new Iraqi Labor Law, Law 37/2015 (New Law), which replaced the old Iraqi Labor Law, Law 71/1987 (Old Law), in its entirety and entered into force on February 7, 2016. The New Law seeks to align Iraqi employment legislation with the standards of the International Labor Organization (ILO). Although the New Law — as the Old Law — was drafted as a piece of federal legislation applying to the whole of Iraq, it remains to be seen whether it will be applied in the Kurdish region in Iraq. In fact, a regional labor law for the Kurdish region has been under review by the Kurdish parliament for some time now. Most notably, the New Law introduced an end-of-service gratuity similar to that existing in other Middle Eastern jurisdictions, provisions of collective labor rights including the right to strike (which was banned in 1987 by the Old Law), and improved protection against discrimination in the workplace. This contribution provides an overview of the new law.

 


Dr. Nicolas Bremer

Amendments to the United Arab Emirates' Labor Law

American Bar Association
Year in Review
Section of International Law
Vol. 51 (2017)
pp. 713 et seq.

 

In late 2015, the United Arab Emirates’ Federal Ministry of Labor (now Federal Ministry of Human Resources and Emiratization) issued three decrees amending certain provisions of the UAE Federal Labor Law, Federal Law 8/1980 (UAE Labor Law): Ministerial Decrees 764/2015,121 765/2015,122 and 766/2015. All three decrees came into effect in January 2016. They introduced a compulsory standard employment agreement (Ministerial Decree No. 764), amended the provisions of the UAE Labor Law concerning termination of employment (Ministerial Decree No. 765), and introduced new conditions for obtaining new work permits (Ministerial Decree No. 766). Furthermore, the Ministry amended some provisions of the Wage Protection System when it passed Ministerial Decree No. 739 in the fall of 2016. In particular, the new decree introduced increased penalties for non-compliance with the provisions of the WPS regulations. This contribution highlights the changes relevant for businesses in the UAE.

 

Dr. Nicolas Bremer

Saudi Arabia merger control

published by LexisNexis (2017)

 

A conversation with Dr. Nicolas Bremer of Alexander & Partner Rechtsanwaelte on the Saudi-Arabian merger control regime outlining the key features of the Kingdom's competition regulations as they pertain to merger control. For the full text, please access the LexisNexis data base.

 

New opportunities for foreign defence contractors in Saudi Arabia

The International Law Office (ILO)

June 13, 2017

Dr. Nicolas Bremer

Parliament passes new investment law

The International Law Office (ILO)

May 29, 2017

Dr. Nicolas Bremer

Liability of Managers and Directors under the Law of the GCC Countries: A Comparative Study of the Liability Regimes Existing in the Gulf Cooperation Council Region Illustrated at the Example of Qatar, Saudi Arabia and the United Arab Emirates

ZRI 2016

May 23, 2017

Dr. Nicolas Bremer

Product Liability in the Near and Middle East - A Comparative Study of Egyptian, Qatari and Iranian Law

ZRI 2016

May 23, 2017

Dr. Nicolas Bremer

Post-environmental Impact Assessment Monitoring of Measures or Activities with Significant Transboundary Impact: An Assessment of International Customary Law

26 RECIEL (2017)

April 2017

Dr. Nicolas Bremer

Merger control in United Arab Emirates

The International Law Office (ILO)

April 13, 2017

Dr. Nicolas Bremer

Seeking Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in the GCC Countries

McGill Journal of Dispute Resolution

Volume 3 (2016 - 2017)

Nicolas Bremer

Product liability under Egyptian law

The International Law Office (ILO)

December 22, 2016

Nicolas Bremer

New amendments to UAE labour law regime to be considered in M&A transactions

The International Law Office (ILO)

December 21, 2016

Nicolas Bremer

Liability of managers and directors under Saudi Arabian law

The International Law Office (ILO)

December 19, 2016

Nicolas Bremer

Reflections by an International Arbitrator on the Conduct of International Arbitration Proceedings

INBA International Conference on Law and Policy (November 26, 2016 in New Delhi)

Axel Heck

Transboundary Environmental Impact Assessment of Large Dams in the Euphrates-Tigris Region: International Law Binding Iran, Iraq, Syria and Turkey

25 RECIEL (2016)

January 2016

Nicolas Bremer

Increasing Efficiency of Freshwater Utilization trough Transboundary Environmental Impact Assessment

Water and Development Congress & Exhibition (October 20, 2015, Dead Sea/Jordan)

Presentation of Nicolas Bremer

Liquidated Damages under the Law of the United Arab Emirates and its Interpretation by UAE Courts

GAIR Mitteilungen 2015

Editor: Hatem Elliesie et al.

Nicolas Bremer

Alexander & Partner Interview Citizenship by Investment (CBI)

Citizenship by Investment (CBI)

Alexander & Partner

Dispute Resolution in Construction Projects

Arab-German Yearbook 2015

Editor: The Arab-German Chamber of Commerce and Industry

Nicolas Bremer

Two Worlds of Thinking: Risk Allocation between Construction and Industry in Large Infrastructure Contracts

Arab-German Yearbook 2014

Editor: The Arab-German Chamber of Commerce and Industry

Andreas Scherdel

Arbitration in Construction Disputes

Arab-German Yearbook 2013

Editor: The Arab-German Chamber of Commerce and Industry

Oliver Alexander

Aktuelle Erfahrungen aus der anwaltlichen Praxis: Internationale Schieds- und Mediationsverfahren, projektbegleitende Schlichtung

3. Forum Internationales Recht:
Für Unternehmer auf den Punkt gebracht

IHK Ostwestfalen zu Bielefeld
November 26, 2013

Presentation of Oliver Alexander

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