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Law related articles writen by lawyers
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Extradition of Criminals in the UAE

  December 17, 2015     By Abdel Aziz Alhanaee Advocates & Legal Consultancy
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.

Midnight Arbitration Clause v. 8:00 a.m. Clause in Dubai

  December 6, 2015     By Motei & Associates, Attorneys at Law
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.

Power of Attorney in the UAE

  December 5, 2015     By Hassan Elhais
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.

Property Investors in Dubai may Withhold Payment of Due Installments

A property investor in Dubai may withhold payment of due installments whilst the developer is in breach of his contractual obligations.

Dubai Court's Ruling Against Developer

Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.

Marriage and Divorce in Abu Dhabi and Dubai

Keep an eye on your personal status in UAE.

When a Marriage Breaks in the United Arab Emirates

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.

Buying Property by Expatriates in Abu Dhabi

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.

Buying Property in Dubai

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 in the UAE

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.

End of Service Benefits: Comparison of Gratuity under the UAE Labor Law and DIFC Laws

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.

An Introduction to Personal Guarantee in the UAE

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.

An Introduction to Corporate Guarantee in the UAE

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.

Breach of Trust in the UAE

Five points you should know about breach of trust before you accuse somebody

Is it Worth it to Pursue my Case?

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.

Dubai Employment Benefits - End of Service Gratuity

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.

Road Traffic Injury in the UAE

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.

UAE Extradition - Guidelines

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

Procedures of the UAE to deliver a suspect of Extradition.

UAE Extradition Conditional Requirements

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

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.

Responsibilities of the Limited Liability Company’s Manager

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

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

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

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

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)

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)

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)

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

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

Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.

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

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

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

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

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

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

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

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

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

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

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

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

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 in the UAE

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 in the UAE

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 in the UAE

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.



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