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What are the practical implications of this case? The ruling brings welcome and much-needed certainty for arbitration practitioners in the UAE. Before this ruling, parties encountered divergent practices: some UAE courts demanded that arbitrators sign the dispositive section, the reasons, and/or every page of the award, even though the Federal Arbitration Law No 6 of 2018 (as amended) (the ‘FAL’) imposed no such stipulation. By contrast, other conflicting judgments accepted that a single signature on the last page was sufficient. The Committee’s alignment with the latter view removes doubt and promotes consistent implementation across the various Emirates. Although the UAE judiciary does not follow a precedent-based system, the Committee’s role is to craft unified judicial principles that improve predictability. It is therefore reasonable to expect that the courts will adhere to this outcome. Practitioners may now advise clients that arbitral awards endorsed solely on the final page will not be set aside (or remitted to the tribunal) for lacking signatures on earlier pages; and arbitrators may confidently execute only...
In this issue: Commercial Competition and state aid Corporate Data protection and cyber security Dispute Resolution Financial services Energy Environment IP Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Commercial European Parliament adopts text to establish EU-wide digital wallet The European Parliament has approved the text of a proposal to amend Regulation (EU) No 910/2014 (the eIDAS Regulation) to create a European Digital Identity framework, building on the 2023 provisional deal struck with the Council of the EU on a pan-European digital identity scheme. Use of the EU wallet will be optional. During the talks, MEPs won safeguards to uphold individuals’ rights and to ensure inclusion by preventing any disadvantage to those who choose not to adopt the wallet. The measure also ensures EU wallet holders can access free ‘qualified electronic signatures’, which...
Background eIDAS Regulation: Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC What are the principal changes ushered in by the eIDAS Regulation? In what respects will the current regime be altered? Although signatures are commonly used on commercial paperwork, under English law a document generally need not be signed to have legal force, save for particular classes including: guarantees consumer credit agreements sales of real property, or wills When electronic formats such as fax and email emerged in the 1980s and 1990s, the courts in England adopted a notably liberal stance, treating even a telex answerback, generated without human action, as a valid signature. As a result, Directive 1999/93/EC (the 1999 eSignature Directive), which came before the eIDAS framework, produced minimal impact on English law or practice, and the eIDAS Regulation itself is not expected...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q&A on using electronic signatures and completing virtual executions, including ‘Our position on the use of virtual execution and e‑signature during the coronavirus (COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q&As relevant to that stage. For more information, see: Execution collection. Mercury Tax Case This guidance aligns with the Law Society’s position issued on 16 February 2010 in response...
Remote execution—Q&As This Practice Note sets out Q&As addressing practical points arising with remote execution, with emphasis in particular on the following scenarios: Virtual execution Electronic signatures Share certificates Virtual execution If I cannot meet the people I am contracting with to sign a contract, how can I complete the contract securely and by virtual means? My company needs to enter into a document as a deed but everyone is working from home. Is it in fact possible to execute a deed virtually? Are mixed signings permitted? For example, where one party to a deed signs a counterpart in wet ink and another signs a counterpart using an electronic signature; where one counterpart is signed in wet ink and the other counterpart is executed by virtual means (a Mercury signature); or where one counterpart bears a Mercury signature and the other counterpart has been signed with an electronic signature. Is there a requirement under law...
Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...
Monitoring immigration status and preventing illegal employment Proof of right to work check Copy format (paper or electronic) Type of document Which pages have been copied? For a passport or travel document, you should include: the front cover (only where the copy was taken between 29 February 2008 and 15 May 2014); any page(s) showing the photograph, name, date of birth, biometric details, expiry date, nationality, or signature; and if the person is not British or Irish (or was an EEA or Swiss national before 1 July 2021) and their permission is endorsed in their passport, the page bearing the stamp confirming the holder’s current UK immigration status and any conditions of stay. Does that stamped page display a UK date of entry shown by an entry stamp?...
A: General information Date of the annual review Individual(s) carrying out the annual review B: Review and findings Do you need to reassess which members of your firm are suitable to act as signatories on the client account? ☐ Yes—remember to record an action in section C below ☐ No Is the Register of approved signatories current? ☐ Yes ☐ No—remember to note an action in section C below If you have set a threshold that triggers a requirement for two signatures, do you need to revisit that threshold?...
An e-signature, or a signed signature page transmitted by email, shall carry the same effect as an original signature page executed in wet ink. Execution of this Agreement by email, or through any other electronic method, shall be regarded as valid execution by the parties and shall constitute effective execution of this Agreement. The parties may rely on such electronic signatures in lieu of wet-ink signature page(s) of this Agreement for any and all purposes...
It can be useful to review, in sequence, the following key points: the obligation in section 1 of the Employment Rights Act 1996 (ERA 1996) to issue a written statement of employment particulars the terms of the contract of employment an employer’s Human Resource (HR)-related policies the use of electronic signatures Written statement of employment particulars Under ERA 1996, s 1(1), an employer must also provide a worker with a written statement setting out the specified particulars of employment identified in ERA 1996, s 1(3) and (4). For more detailed guidance on this duty, see Practice Note: Written statements of employment particulars. Where the particulars concern sick leave and pay, other paid leave, pension rights and training, the statement may instead direct the worker to another document that is reasonably accessible (ERA 1996, ss 1(4)(d)(ii)–(iii), 1(4)(l) and 2(2))...