Abstract This paper argues that Saudi Arabia urgently needs a doctrinally coherent and culturally legitimate framework for secondary liability in online copyright. The argument is that a coherent framework is a structural necessity, not a technical refinement. The recent jurisdictional role of commercial courts in copyright cases under Vision 2030 highlights the growing importance of Sharia law in the digital realm. This article highlights a doctrinal vacuum at the heart of Saudi copyright law. The paper identifies a significant gap in Saudi Copyright law, namely its need for provisions to regulate the secondary liability of online service providers. The current legal framework, combined with the stringent content removal policies of the Saudi Authority for Intellectual Property, creates an uncertain environment that potentially discourages online business investment in Saudi Arabia. The paper proposes a dual reform strategy to address these issues: integrating authorisation liability into Saudi law informed by UK precedents and developing Sharia tort law. These reforms aim to create a predictable legal environment, fostering technological innovation and economic development while respecting Saudi Arabia’s legal and cultural heritage. The originality of this contribution lies in proposing a dual reform strategy: (i) integrating a Sharia-based doctrine of secondary liability; and (ii) selectively adapting the UK’s authorisation liability.
In mid-2013, Egypt's Supreme Constitutional Court found a statutory provision in force at the time of the decision to be in violation of the constitutional provision declaring the principles of Islamic sharia the chief source of legislation (Article 2). It was the second time since the provision was originally introduced in the Constitution in 1971 and later amended in 1980. It had only happened once before, in 2006. In the ruling considered here, the Court confirmed its conventional construction of Article 2, and declared that in the case at hand the legislator had simply overstepped its boundaries by restricting the exercise of the grandparents' visitation rights to the case of the absence of parents. In the eyes of the Court, the legislator was entitled to regulate grandparents' visitation rights, but in doing so it did not properly align its intervention with the overall objectives of sharia (maq & amacr;sid). The ruling was issued in a relatively peaceful phase that followed a fierce and prolonged confrontation between the Court and Islamists the previous year.
The purpose of this article is to analyse and make an initial assessment of the Saudi legislative framework regarding E-commerce and data protection throughout a set of rules imposed on Internet service providers ( ISP s) to ensure confidentiality, integrity of data and the safety of online transactions. Some efforts have been made in the Middle East and beyond and making an initial assessment may help us strengthen the existing legal instruments. The basic postulate is that we deal with cybercrimes and potential transnational offences. States should cooperate on a bilateral and multilateral basis in order to increase data protection and both security and predictability of E-commerce. The analysis of European law which opted very early for increased protection of personal data and strict regulation of cyberspace could allow us to put into perspective the evolution of Saudi law and possibly try to bridge or improve its approach to the matter.
This paper aims to discuss controversial issues encountered by arbitral tribunals assigned to decide a particular dispute under UAE law. These issues are mainly related to preserving principles of competence-competence and separability, which might adversely affect the validity of the procedures undertaken by arbitral tribunals or the validity of final awards rendered by an arbitral tribunal. The aforementioned problematic scenarios can be noted in the context of the formation of arbitral tribunal, ordering interim, arbitration costs and waiver of arbitration agreement. The study will deploy qualitative legal method, through which an analytical approach will be applied on the UAE Arbitration Law and Dubai International Arbitration Centre (DIAC) Rules in order to illuminate the gaps in both sets that may affect the evidential value of the procedures undertaken in the context of the abovementioned issues. This paper concluded with a set of suggestions aimed at filling the gaps observed in the UAE arbitration Law and DIAC Rules in terms of the aforementioned issues.
The United Arab Emirates ( UAE ) has created a unique, comprehensive, and flexible legal framework for regulating the ownership and governance of family companies. This article examines how Federal Decree-Law No. 37 of 2022 on family businesses (the Family Business Law) addresses the main challenges faced by these companies. The article begins with an overview of the various definitions of family businesses, followed by a description of the definition adopted by the Family Business Law. The article then explores how the new law helps family businesses navigate the complexities of growth while preserving family control and the family’s long-term vision. The article further discusses the challenges associated with business continuity and analyses how the Family Business Law establishes robust corporate governance measures to support their long-term continuity and facilitate their transfer across generations.
