United Arab Emirates Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in United Arab Emirates
March 19, 2015 By Al Saedi & Ezz Arbitration and Law Firm
Keep an eye on your personal status in UAE.
January 27, 2015 By Hassan Elhais
Fraud is defined as taking or gaining from another, property, money, vouchers or anything of value by deception or lying or trickery which is supported by verbal means or written documents, causing the victim to rely on the same to willingly handover or something of value from himself to the person committing the fraud.
December 1, 2014 By Hassan Elhais
Employees are eligible for Gratuity at the end of completing a full years of service. This gratuity is calculated as 21 days of salary. Salary in this case excludes any allowances for housing or car etc and considers the basic salary of the employee.
The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism.
Strong relationships with customers remain the key to successful contractual lending and borrowing arrangements in the UAE. However, lending on the strength of relationship (or name) alone is not economically viable or justified.
Five points you should know about breach of trust before you accuse somebody
In both evaluations – winning and execution evaluations- there must be a good channel of coordination between the plaintiff, which is the client, and his lawyer.
Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated.
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim.
Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started.
Procedures of the UAE to deliver a suspect of Extradition.
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:
The head Interpol officer is elected by a two/third majority of the delegate. Each country has their own delegates in its country, the head Interpol officer is based in Lyon, France, he can remain in office for a period of 4 years, and can also be re-elected.
In a limited liability company, the manger can be appointed in the company’s memorandum of association or in a separate agreement. His appointment can be for a limited period or an unlimited period.
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.
Theft occurs when immovable property is involuntarily handed over to another person and he, knowingly retains it. As for all crimes, it needs the presence of mens rea and actus rea.
Extradition can be requested by anyone residing in the UAE who has a criminal case against a suspect and the crime was committed in the UAE. Such suspects can be extradited from another country, back to the legal jurisdiction of the UAE.
The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement.
There is a misconception between people that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants an ownership over a trademark, but the use of the trademark.
Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.
Theft carries a punishment of imprisonment from 6 months up to 3 years or a fine. Attempted theft, which is also a crime, carries the punishment from 3 months up to 18 months or a fine.
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.
In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee is made up of a number of counselors with mediation/ counseling training.
Post divorce, if the custodian of the child is other than the child’s mother, he or she must obtain the written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.
Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts.
Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children.
The author present a research about healthcare, medicare, medicaid, insurance, abuse, fraud, middle east forum 2013 Abu Dhabi UAE motives, scam means.
The purpose of the Family Guidance Committee is to try and reconcile the parties before separating them under Article 98 of the Personal Status Law. The family guidance counselors are not legally trained, but have experience in mediation and counseling.
In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognized in the UAE.
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
Domicile is defined as a place where an individual resides and see’s their long term home to be. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes, if they hold a residence visa (or similar) for the UAE.
Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. Each Emirate is governed individually.
It is common for the unsuccessful party to argue against the enforcement of an arbitration award on the ground that the arbitration was invalid, because the person who signed the contract was not authorized to agree an arbitration clause.
Therefore, parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process.
As per the arbitration rules and as per the civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. Terms of Reference is a document used within international arbitration law.
An arbitrator can be appointed; directly by name (this is not the common method used), through the Court or through the Arbitration center. If you agree for the Court or Arbitration center to appoint an Arbitrator you need to make an application.
The UAE has rapidly emerged as a leading financial center, attracting large global investors and businesses, and as international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai.
The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.
Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal requirements under Company Law. (Company Law, Part Nine, Chapters 1 & 2, Arts. 273-280, Part Ten, Chapters 1 & 2, Arts. 281-312)
The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval of the Competent Authority specified in the Company Law for that type of company.
The dissolution of a company can result in its termination.
The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is appointed.
Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways of doing so, is by opening an Offshore company.
Futures and Derivatives Trading To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according to the UAE law or foreign company incorporated outside the UAE) needs to carry out the necessary procedures to obtain a membership from DGCX (Dubai Gold and Commodities Exchange).
The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. The articles below provide an insight into the different types of business organizations in Dubai, and the processes involved in the dissolution, amalgamation, transformation and liquidation of businesses.
When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law. Overall, the rights cover the following categories: a) Exchange of rights between husband and wife; b) Husband’s rights on wife; and c) Wife right’s on husband.
Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. It is a criminal offence in the United Arab Emirates to have a sexual relationship outside marriage.