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This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law.

The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion.

It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems.

The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues.

The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses.

The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts.

The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.

The purpose of this paper is to provide an extensive examination and analysis of the current literature on the use of blockchain technology in courts. The paper aims to explore the potential benefits of implementing blockchain technology in courts, such as increasing transparency and accountability, improving the efficiency of court procedures and enhancing the security of court records. Additionally, the paper intends to identify the challenges and limitations of using blockchain technology in courts and propose potential solutions to overcome these obstacles. The ultimate goal is to provide a comprehensive understanding of the potential applications and implications of blockchain technology in the context of the court system.

The research design of this study is qualitative, involving a thorough examination and analysis of existing literature on the use of blockchain technology in courts. The data collection procedure involves gathering information from various sources, such as academic publications, official reports and other relevant records. Data analysis is conducted using a thematic analysis approach, which identifies and categorizes recurring themes that emerge from the data. This approach ensures that the results are credible, dependable and accurate representations of the experiences of the participants. By using these methodologies, the study is able to draw meaningful conclusions and insights into the use of blockchain technology in courts.

The major findings of this paper suggest that the implementation of blockchain technology in courts has the potential to bring significant benefits such as increased transparency, efficiency and security. The use of blockchain technology in courts can enable the creation of tamper-proof records that are immutable, secure and transparent, which can help prevent fraud, reduce costs and enhance trust in the judicial system. However, adopting this technology also poses challenges and limitations, such as interoperability, governance and scalability. Overall, the paper concludes that while there are challenges to be addressed, the benefits of blockchain technology in courts are significant and should be explored further.

The study has several limitations that need to be taken into account. Firstly, the availability of data on blockchain implementation in the court system is limited, making it challenging to provide a comprehensive analysis of the topic. Thus, the study’s findings may not be generalizable to other contexts. Secondly, the study takes a technology-centric approach and does not consider blockchain technology’s social and legal implications in court operations. Thirdly, the case studies presented in this paper are limited to a few countries. Moreover, the implementation of blockchain technology in the court system is still in its early stages and lacks standardization, technical expertise and regulatory frameworks. Lastly, uncertainty around the legal framework may hinder its widespread adoption and use.

The practical implications of this study suggest that the use of blockchain technology in courts has the potential to improve efficiency, security, transparency and accountability in the court system. It can reduce the risk of data tampering, expedite case resolution and lower the cost of legal proceedings. Therefore, this study provides a framework for courts to consider blockchain technology’s potential benefits and explore its future adoption.

The social implications of this study are significant, as the adoption of blockchain technology in the court system can have a profound impact on society. Firstly, by increasing transparency and accountability, blockchain technology can promote public trust in the court system and improve access to justice, particularly for disadvantaged communities (Liu et al., 2020). Secondly, blockchain technology can reduce the reliance on intermediaries, such as lawyers, and streamline the case management process, making legal services more accessible and affordable for the general public (Khurana, 2020). Finally, the use of blockchain technology can create a more secure and efficient court system, enhancing the overall effectiveness of the judicial system and promoting public confidence.

This study provides an original contribution to the literature by exploring the use of blockchain technology in courts from a qualitative research design perspective. While there are a growing number of studies on the potential applications of blockchain technology in various fields, this study provides a comprehensive examination of the current literature on the use of blockchain in courts, identifying the benefits and limitations of its implementation. The study’s focus on the strengths and limitations of blockchain technology and its implications in court adds to the originality of this research.

In several recent judgments, the Jordanian Court of Cassation has found that using arbitration to resolve individual labor disputes is null. The aforementioned approach which constituted a departure from the well-established former approach that the same court has followed has been confirmed by the new amendments that the Jordanian Arbitration Act has seen in 2018. In view of this, this study aims to highlight and critically analyze the above-mentioned court’s decisions and the new amendments pertaining to arbitration clauses from a Jordanian Labor Law perspective and the distinct characteristics rooted in it to find out the extent to which applying arbitration in such a context is acceptable or not.

To examine how effective are the approaches followed by the Jordanian courts and the legislator in ruling the unacceptability of arbitration clauses in individual labor contracts and to observe to what extent it has been successful in this relation, this work makes use of the secondary data available in this regard as the main method to complete such an examination and this includes the relevant different legislations, court’s decisions and jurisprudence. By critically analyzing and comparing the various data contained in these secondary data sources, this work will identify the problems associated with such approaches and accordingly bring up different recommendations and conclusions.

While the current author do largely agree with the conclusions that have been reached recently by the aforementioned courts, it is submitted that these courts and the legislator have not dealt with such a matter in an adequate and comprehensive manner as they should have spilled more ink on this area of law. Furthermore, this work argues that while the principles that necessitate arbitration shall be respected, the distinct characteristics of the labor law warrant a more careful approach than actually followed by the competent authorities.

Taking into consideration the recent different approaches followed by the Jordanian courts and legislator in ruling the unacceptability of arbitration clauses in individual labor contracts, it would not be a surprise to say that there is no comprehensive and updated scholarly work which has either examined such different approaches or addressed its implications. Accordingly, this work derives its originality and value from being the first and most updated work that examines and addresses such a thorny matter.

The purpose of this paper is to explore the development of the common law test for asserting criminal jurisdiction over financial crimes. Historically, the British courts at the turn of the twentieth century strongly advocated the territoriality principle to strictly limit the assumption of criminal jurisdiction to crimes which occurred entirely within the jurisdiction. With the rapid advance of telecommunications technologies during the latter half of the century, such a narrow approach to jurisdiction became unworkable, as the majority of financial crimes assumed multi‐jurisdictional aspects.

This paper traces the gradual liberalization of criminal jurisdiction over financial crime within the common law until the eventual emergence of the much more permissive comity theory of jurisdiction, which sanctions the assumption of criminal jurisdiction over any conduct which causes harmful consequences or effects in the territory of the country seeking to prosecute an accused.

While this is a welcome and necessary development in an age of global money laundering and organized crime, it is argued in this paper that unless a consistent and rational manner of prioritizing the claims of competing jurisdictions over the same criminal conduct is adopted, there is a risk that the first jurisdiction to be in a position to make an arrest may not necessarily be the correct or most appropriate one. As the double jeopardy principle operates to bar multiple prosecutions for the same criminal conduct, it is recommended that the doctrine of forum non conveniens, a familiar and developed concept in civil law, be applied to criminal prosecutions to maximize prosecutorial efficiency.

The paper is of value in discussing factors to be considered by law enforcement agencies in determining the most prudent sequence of legal proceedings that may be brought in different jurisdictions.

This paper aims to study the three levels of anti-money laundering (AML) and combating of terrorist financing (CTF) regulations that apply to banks and financial institutions listed within the country. The paper aims to determine risks arising from globalised financial centres within the United Arab Emirates (UAE) and potential improvements deficiencies that may otherwise serve as conduits for criminal and terrorist organisations. There is a significant body of literature that covers the advance of AML/CTF legislation in the Dubai-based free trade zone, the Dubai International Financial Centre (DIFC). Though free trade zones are scattered across the UAE, the DIFC has the highest foreign investment in the country with an expanded international network.

The UAE has made progress as part of its fight against money laundering (ML) and terrorist financing (TF). This paper studies the legislative stance by analysing the country’s AML/CTF laws. Also, the advances of global financial centres in the UAE have created layers of regulation, each regulator with their own set of rules. This paper attempts to study the regulations and the level of their enforcement to combat ML and TF.

This paper finds significant regulatory oversight in certain frameworks set within the UAE’s financial system. However, the paper finds secondary literature and evaluations conducted by international bodies that suggest some deficiencies within the mechanisms, that are being resolved by the country’s regulatory agencies. The UAE’s advancing network of financial institutions has created a global chain of monetary transfers, which offers some possibility of ML also extending to TF. Though the country has made progress, there remain a few flaws that can be exploited by criminal and terrorist organisations.

ML has the possibility to damage markets if allowed in excess. This is not the case with the UAE, and large unverified transactions are investigated by the regular authorities. ML is now a matter of concern when funds acquired through illegal means may be used to directly finance terrorism.

This paper tests the UAE’s mechanisms to combat ML and TF in the context of the country’s advancing of a global central financial market. There is a need to understand these regulations as investors within the UAE and abroad may sometimes face risk if ML/TF deficiencies are exploited by criminal and terrorist organisations. This paper provides an insight into the country’s infrastructure to combat ML and TF and also weighs its performance as per international standards and guidelines.

The purpose of this paper is to present a case study of the legislative creation of high rise and master planned communities to provide a common basis for future discussions, research and international comparison in the field.

The case study addresses relevant legislation in the Australian state of New South Wales. This has been a model for that in other jurisdictions, including Singapore, the UK and the Dubai International Financial Centre. The legal terms and their significance are discussed in a way that is comprehensible to both lawyers and non‐lawyers.

The legislation is shown to have achieved a range of outcomes that are not possible in ordinary Anglo‐Australian property law. For example, it has created governing “bodies corporate” which regulate communities with private by‐laws and facilitates the continued enforcement of detailed architectural guidelines imposing a master plan.

The research describes the legal framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community living in this and in other jurisdictions.

The paper will aid discussions between a range of academics and practitioners working on high rise and master planned communities. It will assist communication between lawyers and non‐lawyers, providing a clear description of the significance of legislation in the creation of communities. It will facilitate transnational discussion, as differences in legal systems and inconsistent terminology are a barrier to effective communication and common understanding.

The purpose of this paper is to survey UAE legislative initiatives affecting whistleblowing. Many studies claim that whistleblowing is one of the most effective mechanisms in fighting corruption. Either done merely to satisfy regulatory requirements or in genuine efforts to counter internal fraud, many organizations around the world incorporate whistleblowing programs. However, a lack of comprehensive whistleblower protection remains the main impediment for reporting misconduct or wrongdoing. A country’s legislative framework and its cultural and socio-economic specifics impact the effectiveness of such protective measures. Moreover, in the absence of comprehensive, stand-alone whistleblowing laws, whistleblowers can become victims not only of employers’ retaliatory actions but also of criminal and civil charges.

This paper surveys the UAE law and regulations in regard to whistleblower protection. It also raises concerns regarding their effectiveness based on the county’s unique socio-economic and cultural environment and their interplay with other legislations, which can potentially make whistleblowing a criminal offense.

In the absence of stand-alone whistleblowing legislation, cultural aspects and other laws can serve as deterrents for whistleblowers. It is crucial for a jurisdiction to set up an effective legal and regulatory framework to enable synergy across different laws and agencies involved. Implementation of comprehensive, stand-alone whistleblowing legislation might help provide legal certainty and clarity.

In the absence of empirical studies on UAE whistleblowing, the researcher primarily relied on English translations of the country’s laws and regulations, official press releases and English media sources.

This study introduces relevant background to organizations establishing their own whistleblowing policies and employee training.

This paper examines the effectiveness of whistleblowing legislative initiatives through the prism of the country’s cultural, socio-economic and legal environment.

The purpose of this paper is to unpack the customer due diligence (CDD) vulnerabilities and to examine and analyze the UAE specific dynamics that make the country exposed to these threats. This research also intends to put on the table suitable solutions and remedial action steps that the UAE government, regulators and financial institutions (FIs) can adopt.

This study is qualitative in nature.

Despite the impressive regulatory framework and the satisfactory practices by FIs, there still remains some UAE specific challenges that make it difficult to undertake CDD for certain customers. The challenges that were identified include difficulties in Arabic names, complications in identifying the beneficial owners, impediments in establishing the source of wealth/funds, concerns with politically exposed persons, the increasing cost of compliance that resulted in a pattern of de-risking within FIs.

The international bodies whose mandate is to formulate the necessary anti-money laundering and combating the financing of terrorism policies and regulations for global implementation together with Association of Certified Anti-Money Laundering Specialists (ACAMS) have published sufficient studies on CDD-related issues in the UAE. Yet on the other hand, very limited literature was found by independent scholars. This paper will, therefore, largely reference publications by Financial Action Task Force, the International Narcotics Control Strategy Report and ACAMS. It will also include works by respected law firms that have operations in the UAE, local publications, government documents, academic papers by the International Monetary Fund and the World Bank, legal journals and others.

Illicit actors exploit the UAE’s relatively open business environment, a multitude of global banks and exchange houses and global transportation links to undertake illicit financial activity […] the UAE does not have any major anti-money laundering (AML) deficiencies. However, the monitoring of FIs for AML purposes, particularly in the area of CDD, could be improved. This paper unpacks the CDD vulnerabilities and analyzes the UAE specific dynamics that make the country exposed to these threats. This research also puts on the table suitable remedial action steps that the UAE government, regulators and FIs can adopt.