Судебная академия Абу-Даби организует семинар в сотрудничестве с британскими судьями

Via videoconference technology Abu Dhabi Judicial Academy organizes a workshop in cooperation with British judges The Abu Dhabi Judicial Academy (ADJA) has concluded the workshop entitled: '' Principles of the impossibility of enforcing contracts in British law"organized with the aim of setting the executive frameworks for the vision of His Highness Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs and Chairman of the Abu Dhabi Judicial Department towards the establishment of the foundations of justice in light of the current conditions resulting from the spread of the Coronavirus pandemic, in a manner that preserves the interests of all contracting parties, in line with the vision of the Emirate of Abu Dhabi to create an investment environment that attracts international capital and competencies. The workshop was held via the Academy's Platform for Distance Education and Training, with the participation of 45 specialists from various government agencies at the federal and local levels and lawyers interested in this field, in addition to lawyers applying for registration in the list of practicing lawyers. In the opening speech of the Judicial Department, Mr. Ali Al-Shaher Al-Dhaheri, Director of the Judicial Inspection Division and member of the Academy's Board of Directors, welcomed the participants and indicated that judicial training in the field of the labour market and achieving balance and justice between workers and employers, comes within ADJD courts and ADJA priorities, especially in light of the global pandemic of the Coronavirus. He also stressed its importance in achieving the continuity of economic development and work in all fields in a manner that enhances economic and security stability. Judge Benjamin Berger, from his residence in the United Kingdom, participated in the workshop as part of the cooperation and communication relations between the Abu Dhabi Judicial Department and British judicial institutions. He shed light on the main provisions of the Force Majeure clause, as well as the key types that lead to the impossibility of implementing the contract and the impact of these matters on contracts subject to the Labour Law. He also referred to the UK Emergency Powers Act and Coronavirus Act 2020 in the context of the Labour Law, especially since the government's precautionary measures to counter COVID-19 in the UK have had a major impact on both employers and individual workers organizations, which has led to the intervention of the judicial system in resolving related disputes. Mr. Berger also made a comparison between English and Emirati law, and examined whether the Federal Civil Code of the United Arab Emirates applies to labour cases, under Article 273 (1) of the United Arab Emirates Federal Civil Code of 1985, which states that if circumstances of force majeure suddenly arise that make the contract impossible to implement, all contractual obligations are suspended and the contract is automatically cancelled. At the conclusion of the workshop, Judge Ali Al-Shatiri, Vice-President of the Abu Dhabi Labour Court, led a discussion among the participants on the principles of English common law relating to the impossibility of enforcing contracts and whether these principles can be applied to the cases of the labour court in Abu Dhabi in light of the conditions resulting from the spread of the Coronavirus pandemic (COVID-19), taking into account the UAE federal laws and the regulations of the Judicial Department. Several practical examples of the impossibility of implementing labour contracts were also reviewed. It is worth noting that the Academy held several training courses using the Academy's Platform for Distance Education and Training, on "the principles of the impossibility of enforcing contracts in British law". The number of participants in these courses reached more than 140 participants from members of the judiciary, Government Cases Division and lawyers, in addition to specialists in a number of UAE governmental entities