Category: Intel

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 467/2020 (Tribunal Excess of Power + Award Defects as Ground to Set Aside Arbitration Award)

The Supreme Court set aside an arbitration award because the arbitral tribunal decided on matters in its award that go beyond the scope of the matters agreed upon between the parties to the dispute and because the arbitral award did not include the details of the relevant arbitration agreement.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 (Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

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Intel

Case Summary: Supreme Court (Compensation Circuit) Contestation 231/2020 (Invalidation of Power of Attorney)

The Supreme Court held that a power of attorney to appoint a lawyer as a representative of a joint stock company before the Supreme Court is invalid because it was signed by a person who was not the chairman of the board of directors of the company.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 802/2020 (Termination of an Employee Under Probation)

The Supreme Court held that an employee improperly dismissed during the probation period is only entitled to compensation for the pay of the legally required notice period (i.e. seven days) and does not have the right to have his employment reinstated.

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Intel

Case Summary: Supreme Court (Rent Circuit) Contestation 250/2017 (Arabic Requirement for Court Evidence)

The Supreme Court refused to admit evidence because it was not submitted in the Arabic language.

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Intel

Fatwa Summary: MJLA Fatwa 192721181 (SAI Confidential Emails)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the State Audit Institute (SAI) has a duty to release the confidential emails of a third-party held in its possession to support the defence of the government against the claims made by that third-party in an arbitration case.

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Intel

Fatwa Summary: MJLA Fatwa 192717255

The Ministry of Justice and Legal Affairs (MJLA) deemed that the contractor had no rights under a contract it signed with the government due to the failure to comply with the requirements of Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions. The MJLA noted in its fatwa that the contractor can take legal action against individuals in their personal capacity whose actions resulted in the contractor suffering harm.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 316/2018 (Injunction Against Calling a Performance Bond)

The Supreme Court annulled an injunction against calling a performance bond that was ordered on the basis that the beneficiary of the performance bond should not be allowed to call the bond because of an ongoing arbitration between the parties.

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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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