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United Arab Emirates Legal Articles

Law related articles writen by lawyers
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Road Traffic Injury in the UAE

  September 10, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Colur, my Colour - Registration of Colour Marks, a Global Overview

  September 6, 2014     By STA Law Firm
Feeling blue or are you seeing red because you are turning green with jealousy at the neighbor’s new car? Colors are not only used to describe the emotions we feel, but they are imperative in our world. Universally red means ‘stop’ and green means ‘go’ and traffic lights across the world send this message. It should come as no surprise that colors hold a great importance and are increasingly used as trademarks (color marks) in the marketplace.

UAE Extradition - Guidelines

  August 28, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

UAE Extradition - Procedures

  August 14, 2014     By Al Rowaad Advocates & Legal Consultancy
Procedures of the UAE to deliver a suspect of Extradition.

UAE Extradition Conditional Requirements

  August 14, 2014     By Al Rowaad Advocates & Legal Consultancy
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:

UAE Extradition - Interpol Notices Defined

  August 14, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Medical Malpractice Law in the United Arab Emirates

  July 12, 2014     By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.

UAE Labour Laws - FAQs on Confidentiality, Non-compete, and UAE Employment Regulations

  June 24, 2014     By STA Law Firm
Whether you have just recently joined or have been working for your employer for a while, it is important that you understand a few important matters relating to your work place, your rights and obligations to information you receive, use and share.

The UAE Competition Law (Federal Law Number 4 of 2012)

  June 18, 2014     By STA Law Firm
The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.

Dubai - A Global Leader

  June 18, 2014     By STA Law Firm
The near collapse of major financial markets around the world in 2008; has clearly left a lasting legacy on many. Questions have been raised in past as to what led ot the crisis, people who were instrumental in driving the downturn

Responsibilities of the Limited Liability Company’s Manager

  June 16, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Five Points You Should Know About the Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
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

Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Top 5 Scenarios of Theft in Dubai

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Top 5 Requirements When Requesting Extradition in the UAE

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

UAE Limiting Trademarks Infringements (Part 3)

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

UAE Trademarks: Ownership (Part 2)

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
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.

Introduction to Trademarks in the UAE (Part 1)

  April 21, 2014     By Al Rowaad Advocates & Legal Consultancy
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 in the UAE: Part 2. Punishments

  March 3, 2014     By Al Rowaad Advocates & Legal Consultancy
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 in the UAE: Part 1. Introduction

  March 3, 2014     By Al Rowaad Advocates & Legal Consultancy
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.

Licensing for Software as a Service (SaaS) in the UAE

  February 15, 2014     By Prudential Middle East
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust

Islamic Finance: Theory and Practice

  February 15, 2014     By Prudential Middle East
The Islamic financial system refers to financial market transactions, processes and services that conform to Islamic laws and codes of practices.

The Development of Child Rights Law in the UAE

  February 15, 2014     By Prudential Middle East
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.

Family Dispute Resolution – Mediation, Collaborative Law and Arbitration - UAE

  November 17, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

International Abduction - Family Law - UAE

  November 17, 2013     By Al Rowaad Advocates & Legal Consultancy
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).

Children - Family Law - UAE

  November 17, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Reciprocal Enforcement of Financial Orders - Family Law - UAE

  November 17, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Finance / Capital, Property - UAE

  October 27, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Insurance Fraud - UAE

  October 21, 2013     By Al Saedi & Ezz Arbitration and Law Firm
The author present a research about healthcare, medicare, medicaid, insurance, abuse, fraud, middle east forum 2013 Abu Dhabi UAE motives, scam means.

Divorce in the UAE

  October 20, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Divorce, Nullity and Judicial Separation in the UAE

  October 20, 2013     By Al Rowaad Advocates & Legal Consultancy
In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognized in the UAE.

Validity of Pre and Post Nuptial Agreements - UAE

  October 20, 2013     By Al Rowaad Advocates & Legal Consultancy
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.

Jurisdiction - Family Law in the UAE

  October 20, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Jurisdiction and Conflict of Law in the UAE

  October 20, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Challenging an Arbitration - UAE

  October 1, 2013     By Al Rowaad Advocates & Legal Consultancy
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.

Enforcing Arbitration Awards - UAE

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.

Terms of References - UAE

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.

Appointing Arbitrators - UAE

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.

Rise of Arbitration - UAE

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.

Business Strategy Series: VIII. Liquidation - Egypt

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.

Business Strategy Series: VII. Transformation - Egypt

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)

Business Strategy Series: VI. Amalgamation - Egypt

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.

Business Strategy Series: V. Dissolution

The dissolution of a company can result in its termination.

Business Strategy Series: IV. Branch/Representative Offices or Foreign Companies in the UAE

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.

Business Strategy Series: III. Offshore Companies in the UAE

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.

Business Strategy Series: II. Providing Brokerage Services in Commodities in the UAE

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).

Business Strategy Series: I. Conducting Business in Dubai

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.

Custodial Rights of Children in the UAE

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.

Legal Aspects of Company Incorporations in Dubai/UAE

The investors establishing their businesses in the UAE should consider various legal aspects, before any investment decisions to avoid any future legal implications.

UAE Law - Real Estate Investor Protection Law to Be Released in 2013

Real estate investors to soon get shot in the arm if developers fail to deliver. The Real Estate Investor Protection Law, which was highly expected to be issued this year, will now be released during the first quarter of 2013, a senior Dubai Land Department (DLD) official has said.



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