United Arab Emirates Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in United Arab Emirates
February 21, 2017 By Hassan Elhais
If you have the misfortune of being involved in a road accident you may suffer from any number of injury or harm, which encompasses physical or emotional. Injuries that occur to both drivers and passengers may open up the door to personal injury claims for compensation. Road accidents that cause road injury fall under tortious liability in the country, which means any cases taken are through civil action.
February 6, 2017 By Hassan Elhais
In 1987, the UAE government passed Penal Code Article No. 399 which governs the crime of fraud in the country. Below we outline the law and then identify the elements of the crime and explain, in layman’s terms, what constitutes a crime of fraud.
January 30, 2017 By Hassan Elhais
Bank loans can be the stepping stone to a new life for many people, especially when it comes to home loans. However, the contract for such a financial loan comes with responsibilities and duties to stick to a repayment schedule, with stiff penalties for those who default.
January 23, 2017 By Hassan Elhais
Recently, an important legal case [involved] the need for police to have a search warrant when they charge people with possession and use of drugs based on evidence inside private homes.
January 17, 2017 By Hassan Elhais
Abduction of children by one parent in an estranged marriage is becoming increasingly common in the UAE. More cases of international marriage unions are cropping up, while the UAE is home to a substantial number of expatriate workers.
December 23, 2016 By Hassan Elhais
The United Arab Emirates law against bounced cheques is one that often surprises expatriates in the country as it criminalises the act of having a cheque bounce.
The reality: Honeymoon-Rough-Bold Despite all best efforts to maintain the “honeymoon” period, there will come time during the relationship where the franchisee and franchisor may not agree or see things differently; this is the “Rough” period… very likely, such period will evolve to a clear disagreement the “Bold” period which, if not managed properly, it can lead down an emotional and costly path. This is the reality in any relationship.
1. Statement of Claim The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the parties, the location, and addresses of the parties along with their phone numbers, the legal grounds for the claim and the request and demand of the claimant. The statement of claim is a summary of the facts and leads the way further into the process.
The conventional wisdom about the UAE is that it was built on oil first and property second. The country's most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn't added to the pack, which combined gives Dubai the tittle of the world's tallest city.
With its stellar growth, Dubai has been known for alluring every business opportunists due its efficient licensing rules, infrastructure, and ease of work. In a survey "the World Bank's Ease of Doing Business Survey for 2014," the Emirate has been indicated as the easiest places to do business. If you're an expat and looking to begin a new business, you need to be informed about the business law and regulations.
What law governs The main source of law in the UAE is Sharia in which all laws are formulated and based on. It is considered a public order.
Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to persons who qualify as heirs under Shariah Law principles. Anyone who does not qualify as an heir gets nothing from the estate.
Banks and financial institutions are a part of everyone’s life. The financial relationship between a person and his bank is government by documents and agreements.
Highlight on the New UAE Child Protection Law “Wadeema Law”
Most women seeking divorce have 3 priorities: Divorce Certificate, Custody of the children and Maximum Financial support and settlement.
Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on the last page alone of the award shall suffice provided the last page contains a part of the reasoning of the award.
In case of annulment of contract containing an arbitration clause the annulment shall extend to all clauses of the contract including the arbitration clause.
Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charter-party which may include an arbitration clause. The reference to arbitration shall be clear and unambiguous.
The waiver of a right to refer a dispute to arbitration could be express or implied. However such a waiver has to be clear and unambiguous so as to avoid doubts about the intent of the party to wave the right.
By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are going on, until a resolution has been made on the challenge which was has been raised by such party by an authority or court of law which has the right to rule on such a point.
Home to one of the biggest ports in the world, the UAE is an integral shipping hub in the global trading ecosystem. While shipping law can be a complicated area of the legal framework given competing jurisdictions involved in the international arena, the UAE has its own laws with respect of sorting out maritime disputes.
Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs. However, if the dispute relates to ownership, mortgage, possession or profits resulting from use of the vessel the no further arrest of vessels can be made.
Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is representing through a private power of attorney to sign such a contract to arbitrate.
Annulment of Award Possible if Procedures in Arbitration Contract or Terms of Reference Are Not Followed in UAE
A party to an arbitration contract has the right to request an annulment of an arbitration award if the arbitrator did not follow the procedures contained in the Arbitration Contract or the agreed Terms of Reference.
It is possible to request annulment of arbitration award if it was based on invalid terms of reference or an agreement which has expired by time prescription as per article 216/A of the civil procedure law.
Motei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the Dubai Courts in relation to the ratification of an arbitral award issued by the Dubai International Arbitration Centre (DIAC).
In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and accepted by or on behalf of the latter.
Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of his death, Article 17(5) of the same law provided that UAE law shall apply to wills made by aliens disposing of their real property located in the State. Moreover, Article 1/2 of the UAE Personal Status Law states that "the provisions of the law shall apply to non-UAE nationals unless the foreigner elects to apply his or her personal status law".
Ninety percent of the cases will involve witnesses and they can have the biggest impact on the outcome of the case. Witnesses are also accepted by the court as valid contributors of evidence. The witnesses testify to the reasons of the conflict between the parties. The witnesses can give as much of a detailed account of the relationship between the husband and wife as possible.
We will explain the kind of correspondences that the court accepts, and the role of the mediators in the processes of the family courts, whose purpose is to communicate between the parties to settle an amicable solution to the family dispute.
After the witnesses have made their statements in the Family Court, there is usually one more hearing after that in order to allow both the parties to comment on the statements of the witnesses. The number of hearings following the witness statements depends on the Family Court. It is not restricted to one hearing, it can call for multiple hearing following the statements of the witnesses.
Following a No Objection Certificate from the Family Guidance committee, the parties can file their family case in the Dubai Courts. In the second part of the of the guide through family court proceedings, we shall be outlining some of the common mistakes made by parties while entering into settlement agreements due to the absence of a competent attorney and sound legal advice.
Dubai's court of cassation defines intellectual property as, "it is every invented property whether it was literature, vocal, or as regardless to its nature, purpose or importance". From this definition we can analyze that, intellectual property can be in the form of a book or a painting or a song or any new invention.
In a recent Supreme Court case decision, according to Article 13 of the personal status law, court of cassation applied foreign law in a divorce matter. As per Article 13, either party has a right to request to the court to apply foreign law (ie place where marriage was contracted) in their divorce matter.
International judicial cooperation is one of the most important aspects of cooperation between countries for crime fighting. There is exigent need to fighting the crime and protecting the society structure, in addition to punishment and chasing the criminal wherever he travels, in order not to avoid the punishment. A criminal usually escapes after committing the crime, as it becomes easy for him, nowadays, to travel freely between countries.
In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.
A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes. The attorney and the person giving it must be over 21 years of age and must be of sound mind.
A property investor in Dubai may withhold payment of due installments whilst the developer is in breach of his contractual obligations.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.
The basics of buying freehold property in Abu Dhabi are the same as anywhere else in the United Arab Emirates. However, unlike Dubai, Abu Dhabi does not till date have specific laws/regulations regulating sale and purchase of real estate by foreigners (i.e. off plan sale, real estate brokers and agents, escrow accounts, jointly owned property (Strata Law), etc). Such being the case one needs to be even more careful and exercise greater due diligence while purchasing property in Abu Dhabi.
The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.
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.
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.
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.
Five points you should know about breach of trust before you accuse somebody
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.