Al Rowaad Advocates & Legal Consultants > Dubai, United Arab Emirates > Firm Profile

Al Rowaad Advocates & Legal Consultants > Firm Profile

The firm: Al Rowaad Advocates & Legal Consultants is a full-service law firm committed to delivering sound judgement to its clients on their most difficult and important matters. Established in 2003, the firm was first known as Advocates Without Frontiers before it expanded and was recently renamed Al Rowaad Advocates & Legal Consultants, the company’s licence owner, with a head office in Dubai and a branch office in Abu Dhabi.

Al Rowaad Advocates & Legal Consultants is duly licensed to perform legal services and advocacy in the UAE, reaching out to local and UAEbased international clients. Among Al Rowaad’s strong practice areas are family law, corporate and commercial, banking, maritime & transport, labour, litigation and arbitration and real estate.

The firm recognises the importance of staff training so that clients can count on expertise in the various and complex aspects of the law, and receive the highest level of personalised service. Al Rowaad Advocates & Legal Consultants is a multilingual firm offering services in Arabic, English, French, Russian, Hindi, Urdu, Iranian and Tagalog.

Areas of practice: Al Rowaad Advocates and Legal Consultancy is an astute, diverse firm of lawyers working for businesses and private clients, nationally and internationally. The firm is highly regarded, often recommended by other lawyers and is known for combining creative solutions with commercial pragmatism and a friendly, sensitive approach. The firm is also renowned for its integrity and experience in dealing with complex and varied matters.

Family law is one of the core areas of practice of the firm. It advises on divorce, child custody, alimony and spousal maintenance. Aside from the family law and practice, Al Rowaad is also regarded as an expert in clinical negligence, corporate and commercial work, criminal litigation, dispute resolution, employment, real estate and regulatory.

Press Releases

Judgements of British Courts Enforceable in UAE Now: The UAE Government asks its courts to uphold the Principle of Reciprocity with UK.

11th October 2022 DUBAI, United Arab Emirates — The United Arab Emirates has called on its courts to begin enforcing the judgements of British courts, in a move that could affect the city of Dubai’s status as a haven for the world's wealthy.

Authorities in Emirates and South Africa are co-ordinating over extradition of Atul and Rajesh following arrest by Dubai Police

17th June 2022 Dubai Police arrested brothers Atul and Rajesh Gupta after Interpol issued a red notice against them for allegedly looting billions from state-owned companies in South Africa.

Sacked without warning – but can a parent protest work? Find out

17th June 2022 Termination letters were given out as school prepares for a management change.

Grotesque betrayal and murder leads to Dh1.2 million in compensation

10th June 2022 The victim's business partner planned the crime

Investors Win 84M Dirhams Claim Against Developer in Dubai

20th April 2022 Published in: Khaleej Times, The National

Al Rowaad Advocates Wins Case Against Developer for Non-Performance

20th April 2022 While the financial crisis saw many property companies falter, there are not many examples where clients can successfully claim money back through the courts; so Al Rowaad Advocates has achieved a rare success.

Al Rowaad Advocates Successfully Blocks Russian Extradition Request

20th April 2022 Published in: Khaleej Times

Man Kidnaps Daughter to Dubai After Losing Custody of Her in Kazakhstan

20th April 2022 Published in: Khaleej Times, The National

Man Accuses Wife of Adultery; After She Files Three Cases Against Him

20th April 2022 Published in: Khaleej Times, The National

Man Cleared of Importing Illegal Medicine in Case of Mistaken Identity

20th April 2022 Published in: The National

Deportation Made Optional in UAE’s Amended Cybercrime Law

20th April 2022 Published in: Khaleej Times

Man Faces Jail for Kidnapping Daughter from UAE

20th April 2022 Published in: Khaleej Times

A Speeding Driver Causes Death – Should Insurance Cover This?

20th April 2022 Published in: The National

Importance of an Arbitration Clause in an Agreement

20th April 2022 A recent favorable judgment was issued to Al Rowaad Advocates and Legal Consultants by the Court of Cassation in Dubai in a commercial case registered before the Courts of Dubai.

A Story of Endurance: A Mother’s Fight for Her Kidnapped Son

20th April 2022 Published in: Gulf News

UAE Leading Adviser of the Year 2016

20th April 2022 Al Rowaad Advocates wishes to congratulate its Legal Consultant Dr. Hassan Elhais on being named the UAE's Leading Adviser of the Year 2016 amid a field of talented contenders. The accolade adds to a growing list of awards that acknowledge the hard work and continued success Dr. Elhais and our firm have had on behalf of our valued clients. 

Thought Leader in the Lexology Legal Influencers Q3 2020 for Future of legal services – Private Client, Asia-Pacific

20th April 2022 Dr. Hassan Elhais has been recognised as a thought leader in the Lexology Legal Influencers Q3 2020 for Future of legal services – Private Client, Asia-Pacific!

Legal Consultant of the Year Litigation – Dr Hassan Elhais – 2021

20th April 2022 The Team of Al Rowaad Advocates & Legal Consultants are proud to announce that, one our leading legal consultants, Dr. Hassan Elhais has been awarded the prestigious Legal 100 Asia Award for the ‘Best Legal Consultant of the Year, Litigation -2021’.

Litigation – Legal Consultant of the Year 2016

20th April 2022 We are delighted to announce our Legal Consultant Dr. Hassan Elhais has been named the Litigation Legal Consultant of the Year 2016 in a recent international award ceremony.

Legal Consultant of the Year 2015

20th April 2022 It is with great pleasure we share another recent success for our firm, with the naming of our Legal Consultant Dr. Hassan Elhais as ACQ5’s lawyer of the year for 2015.

Legal Consultant of the Year 2014

20th April 2022 Our firm is pleased to share with our friends and clients that Al Rowaad Advocates' Dr. Hassan Elhais was named Legal Consultant of the Year for 2014 by Corporate Livewire.

Best Legal Consultant of the Year 2019

20th April 2022 The team of Al Rowaad Advocates and Legal Consultants in sincerely proud to announce and congratulate our very prominent Legal Consultant Dr. Hassan Elhais for receiving an award for the Best Legal Consultant of the year 2019 by Global 100 arranged by KMH Media Group.

Civil Law in the UAE

20th April 2022 Our firm is thrilled to announce Dr. Hassan Elhais has been identified as one of the top 200 lawyers in the world in 2016.

Commercial Arbitration – Legal Consultant of the Year 2016

20th April 2022 Al Rowaad Advocates would like to extend its warm congratulations to our Legal Consultant Dr. Hassan Elhais on his recent achievement being named the Commercial Arbitration Lawyer of the Year 2016 by the prestigious magazine Finance Monthly.

Best Legal Consultant of the Year 2020 – UAE

20th April 2022 The team of Al Rowaad Advocates and Legal Consultants is immensely proud to announce and congratulate our distinguished Legal Consultant, Dr. Hassan Elhais for receiving the ‘Corporate America Today Annual Award’ for the 'Best Legal Consultant for the year 2020'.

2018 Thought Leader in Private Client – Asia-Pacific

20th April 2022 Dr. Hassan Elhais recognised as Thought Leader in Private Client – Asia-Pacific by Lexology

Hassan Elhais recognised as Thought Leader in Private Client – Asia-Pacific by Lexology

24th October 2018

Hassan Elhais has been recognised as a Thought Leader in Private Client – Asia Pacific for United Arab Emirates in the first Lexology Awards.

Legal Developments

How Does the Court Recover Money in Bounce Cheque Cases if the Accused Refused to Pay?

18th November 2022 Reforms related to bounced cheques were recently introduced by the Government of United Arab Emirates. These reforms were introduced through the Federal Decree Law No. 14 of 2020. The new law made changes to the Federal Decree Law No. 18 of 1993 relating to commercial transactions (Commercial Transactions Law) and the erstwhile penal code of the UAE.

What you need to know about property eviction and your rights in the UAE?

18th November 2022 There is no doubt that getting evicted before the lease term has expired is a stressful time for a tenant – both financially and mentally. If you have been evicted in Dubai, then it is important for you to know your rights and your options.

Can a Working Wife Demand Spousal Financial Support in the UAE?

18th November 2022 The law which regulates and governs family disputes in the UAE is coded and contains provisions relating to marriage, dissolution, custody and guardianship, amongst others. The relevant law is the Federal Law No 28 of 2005 on Personal Status in the UAE (Personal Status Law).

UAE Law: Fines and punishments for selling tobacco in minors?

18th November 2022 In the UAE, selling tobacco to individuals who are below eighteen years old is prohibited. This prohibition is governed by the Federal Law No. 3 of 2016 On Child’s Rights, also known as Wadeema’s Law.

What happens when a postdated cheque bounces in the UAE?

18th November 2022 New rules have been introduced recently related to cheque bounce in the UAE, which include de-criminalization of bounced cheque due to insufficient funds. The new provisions have been introduced through an amendment to the Commercial Transactions Law of the UAE, called the Federal Law No. 18 of 1993 and the erstwhile Penal Code of the country.

What are the General Policies in Commercial Liabilities in the UAE?

18th November 2022 Commercial liabilities are understood to mean liabilities of a business. In today’s world, given how much investment one puts into the business and the risks associated with it, it is very common for a business to obtain a coverage which protects the business.

WHAT YOU NEED TO KNOW ABOUT DIRECT TAXATION OF BUSINESS IN THE UAE

4th November 2022 The UAE has not imposed corporate taxes on profits of most corporations or other businesses historically. That said, the Government of UAE will be introducing corporate tax to be levied on businesses, effective for financial years starting on or after 1 June 2023. This new tax regime is being introduced to cement UAE’s position as the leading global hub for business and investment, and would be based on international best practices.

What are the fines and punishment for trespassing in the UAE?

4th November 2022 Trespassing, in common parlance, means entering and /or staying at a person’s property without the permission of such person.

What rights can a second wife have if the husband didn’t divorce his first wife?

4th November 2022 Under the Shariah rules, a man is allowed to marry more than once and can have up to 4 wives. That said, the second wife has several rights in such a case. Some of the rights, as enshrined under the Federal Law No. 28 of 2005 On Personal Status (UAE Personal Status Law) have been briefly explained below.

Explained: What is premeditated murder and its punishment in UAE?

4th November 2022 The law which governs crimes and its penalties in the United Arab Emirates is the Federal Decree Law No. 31 of 2021 (UAE Penal Code).

Memorandum Of Defense – A Defendant’s Guide To Fighting A Court Case

26th October 2022 If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation before the UAE courts if you are a resident of UAE or generally curious to know how the courts work in the UAE. Read below to know more. 

What are the Punishments if you are Convicted of a Felony for Embezzlement?

26th October 2022 Under the UAE Penal Code, called the Federal Decree-Law No. 31 of 2021 On the Issuance of Crimes and Penalties Law, crimes are divided into three types. These are misdemeanours, felonies, and infractions.

Method of dispute settlement in commercial trade in the UAE

26th October 2022 United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up branches of foreign offices and high volume of transactions that take place on a daily basis, this also means that disputes are common in this jurisdiction.

Patent Rights in the UAE – An Overview

11th October 2022 Intellectual property rights are protected in the UAE through a set of federal laws. While intellectual property consists of a broad-spectrum of rights, including trademarks, copyright, patents, designs, geographical indication, utility, etc., in this article, we are focusing on the law surrounding patents.

New updates and procedures for Bail in the UAE

11th October 2022 Bail is a provisional release of an accused and may be granted by the public prosecution for a felony or a misdemeanor, at any time whether on its own decision or upon request of the accused unless the accused has been referred to the competent court for trial, in which case his release falls within the jurisdiction of the said court.

Legal actions about emotional distress in the country

11th October 2022 A victim or his family may suffer emotional or mental distress when a breach, violation is committed against the victim. Under the UAE law, monetary compensation, in the form of moral damages, may be sought to compensate for such mental distress or such non-financial loss, in addition to compensatory damages which may be claimed for the breach. For instance, in cases of road traffic accidents, it is common for the victim or victim’s family to seek moral damages for the mental anguish caused to the victim.

What are the general policies in commercial liabilities in the UAE?

11th October 2022 Commercial liabilities are understood to mean liabilities of a business. In today’s world, given how much investment one puts into the business and the risks associated with it, it is very common for a business to obtain a coverage which protects the business.

Explained: Is it legal to claim unclaimed account funds from international banks?

4th October 2022 In the United Arab Emirates, there are rules which regulate the handling of dormant accounts and unclaimed balances. These regulations are called the Central Bank Circular No. 1 of 2020 (Bank Regulations), issued by the Central Bank of the UAE. The Bank Regulations have been issued in accordance with the Federal Decree Law No. 14 of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities. All banks which are licensed to carry out banking / financial activities in accordance with the applicable UAE banking laws, are required to comply with the provisions of the Bank Regulations.

What you need to know about smuggling of products in the UAE?

4th October 2022 In common language, smuggling is understood as the illegal import or export of products into or out of a country. In the UAE, the law governing smuggling is the Federal Decree No. 15 of 2022 On the Ratification of the Common Customs Law of the Cooperation Council for the Arab States of the Gulf and Its Implementing Regulation (Common Customs Law).

LEARN MORE: PROCEDURES IN FILING A CASE FOR MONEY LAUNDERING IN THE UAE COURTS

4th October 2022 Money laundering and related illegal activities are considered a threat not only to the economic stability of a nation, but also have the potential to weaken financial institutions and lead to an increase in crime and corruption, amongst others.

Law on Family Matters for Expatriates living in the UAE: Part V

4th October 2022 In this final Part V of the series on family law matters for expats in the UAE, we continue to understand the key changes brought by the new law in the Emirates of Abu Dhabi, which has significant implications on non-Muslim locals and expats in Abu Dhabi.

What are the Punishments for Beggars and Unlicensed Charities in the UAE?

4th October 2022 The United Arab Emirates has strict laws against begging and fundraising through unlicensed charities, which have been introduced and amended to preserve the image of the UAE, fight begging and organized begging, prevent funds from risks of being exploited in financing terrorism, and protect the interest of the donors of funds.

How to Avoid and Report Phishing Scams in the UAE?

7th September 2022 Phishing scams are very common, especially with the internet being so readily accessible on mobile phones. Phishing is a scam under which a person is tricked through emails, text messages or even calls. The scam is often done with the intent to steal the personal information of the victim, including names, passwords, and credit card details. It could also lead to a virus or malware being installed on the device of the victim.;

What You Need To Know About Insurance Litigation Proceedings In The United Arab Emirates?

2nd September 2022 Insurance in the United Arab Emirates is governed broadly by Federal Law No. 6/2007 On the Regulation of Insurance Operations (UAE Insurance Law), along with various other regulations, resolutions, and decisions issued by the Insurance Authority Board from time to time.

What is Infanticide in the UAE Law and its punishment in the UAE?

2nd September 2022 In common language, infanticide means killing or murdering a very young child, who is less than 1 year old. In the United Arab Emirates, while there is no specific law on infanticide, Wadeema's Law provides protection to children the UAE.

What You Need to Know About Public Procurement for Terminals and Ports in the UAE?

15th August 2022 Public procurement in the UAE is regulated under the Cabinet Decision No. 4 of 2019 (UAE Procurement Law). The UAE Procurement Law applies to procurement, supply contracts, works and providing services which are performed by the Government, ministries or federal bodies affiliated with the government.

What You Need to Know About Virtual Assets Law in the UAE?

15th August 2022 Virtual asset is an innovative technology representing value which could be stored, traded, transferred or used as a payment tool in a digital form. Bitcoin, crypto assets, non-fungible tokens (NFTs) are all virtual assets.

Explained: Fines and sentence for online threat and blackmailing in the UAE

15th August 2022 In the recent past, the increase in the availability of wide spread and fast internet has also expanded the scope of fraud, impersonation and blackmail through the online mode.

Explained: Human Trafficking and its Punishments in the UAE

15th August 2022 Human trafficking, generally understood to mean the trade of humans for forced labour, slavery, exploitation including sexual.

What are the Consequences and Fines for Food Hygiene Violations in the UAE?

15th August 2022 Food safety and food hygiene are crucial in maintaining the security of food, especially food that is being imported into the UAE. The UAE has passed the Federal Law No. 10 of 2015 on Food Safety (Food Safety Law), which aims to ensure the safety and health of traded food. It also aims to protect the consumers from harmful, adulterated or deceptive food and their health by eliminating or decreasing the risks connected with food.

Are Interfaith Marriages Allowed in the UAE?

15th August 2022 Interfaith marriage refers to situations where the spouses who belong to different faiths conclude a marriage.

Explained: Expatriates Married in their Home Country get a Divorce in the UAE?

15th August 2022 The UAE is home to around 8.84 million who belong to various nationalities and include amongst other South Asians, Europeans etc constituting approximately 89 per cent of the total population of the country. The term ‘family law’ in the UAE broadly refers to the Federal Law no. 28 of 2005 on ‘Personal Status’ and its amendments (the ‘Personal Status law’) that governs all aspects relating to the marriage, divorce, maintenance, child custody, succession and guardianship matters concerning both UAE nationals and residents(ex-pats). In Addition, the personal status law is guided by the Islamic principles of Sharia and its traditions.

Is cyber bullying treated as a criminal offense in the UAE?

20th July 2022 With the advancement of technology, the drawbacks of the excessive use of the internet, such as cyber bullying, hacking, online frauds, etc. is also coming to light. Cyber bullying is commonly understood as targeting, harassing, or threatening others on the internet by sending negative, false or harmful text or messages, sharing images or content without permission. Cyber bullying is a very real threat and a danger to communities in today’s digital age.

Learn More About Adoption in The UAE

20th July 2022 Adoption is not specifically recognized under the UAE Laws. However, Federal Law No. 1/2012 Concerning the Custody of Children of Unknown Parentage (Custody Law) and the Federal Law No. 3/2016 On Child's Rights (Wadeema's Law) provide protection and care for children of unknown parentage in the UAE.

How Do I Report False Accusations in a Court Case? – Part II

20th July 2022 As discussed in our previous article, the offence of filing false complaints is criminalized in the UAE under Articles 324 and 325 of the UAE Penal Code. This has been done to maintain justice in the community.

How Do I Report False Accusations in a Court Case? – Part I

20th July 2022 The United Arab Emirates criminalizes filing false complaints if the complainant knows that the crime has not been committed. The punishment could vary between a fine or a jail sentence and this depends on the discretion of the courts. To consider whether a case for false complaint is to be filed, it will be required to show that the complainant submitted the complaint and the complaint includes acts through which the victim could be made subject to penalty. Moreover, the victim will have to prove that the complaint is proven to be false and the complainant was sure that it was false at the time of filing the case.

What Is the Procedure in Transferring a Property in The UAE?

5th July 2022 UAE continues to be one of the most attractive jurisdictions for foreign direct investment. Real estate is a crucial sector towards garnering more investment into UAE. In fact, high value investment in UAE real estate, subject to fulfilling the specified conditions, may also help a non-resident buyer in obtaining a long-term UAE visa.

UAE JUDICIAL SYSTEM EXPLAINED: FEDERAL AND LOCAL LEVEL

5th July 2022

Introduction

The judicial system of United Arab Emirates operates at two levels. It operates at a federal level and a local level. At the local level, the relevant Emirates have their own court system and judicial departments, whereas the judiciary at the federal level controls the courts and departments across the UAE.

What Are the Procedures of Commercial Civil Litigation in the UAE?

5th July 2022 Commercial disputes in the UAE are resolved either through litigation or arbitration. While arbitration is fast growing as an effective alternative dispute resolution mechanism, litigation before the courts remains the primary channel of dispute resolution in the UAE.

How is the Travel Ban Imposed in the UAE in Terms of Financial Matters?

5th July 2022 A travel ban, in common terms, means restricting an individual who is inside the country to exit the country and prohibiting an individual who is outside the country to enter or re-enter the country.

Law on Family Matters for Expatriates living in the UAE: Part IV

5th July 2022

Introduction

We have discussed personal status laws applicable to the UAE in the previous articles.

EVIDENCE LAW IN THE UNITED ARAB EMIRATES – AN OVERVIEW

5th July 2022

General Overview

Broadly, evidence means any information which is presented by either party in a legal proceeding to provide support in a case. The objective is to enable the courts to resolve or decide the matter conclusively.

APPEAL PROCEDURE BEFORE UAE COURTS

5th July 2022 A decision issued by the Court of First Instance, which is the primary court, whether in a civil or criminal matter, may be appealed before the Court of Appeal.

All You Need to Know About Maritime Trade Law in the UAE

5th July 2022 United Arab Emirates is the central shipping point in the Middle East, operating several ports in the country, which contribute substantially to the GDP of the UAE.

Law on Family Matters for Expatriates living in the UAE: Part III

31st May 2022

Introduction

In Part III of our series on family law related issues for expats in the UAE, we turn our focus to the matters related to child custody, child relocation and abduction, and inheritance, as governed by the UAE laws.

What’s the Jurisdiction in Civil Defamation Cases in the UAE?

26th May 2022 Defamation is the act of making false statements concerning another person which has a potential to injure the reputation of such person.

What You Need to Know About Civil Asset Recovery in the UAE?

26th May 2022

Introduction

The civil procedure in the UAE is governed by the Federal Law No 11 of 1992 (Civil Procedure Code) as amended, along with the Cabinet Decisions (including Cabinet Decisions 57 of 2018 and 33 of 2020), and resolutions, etc. issued from time to time. The Civil Procedure Code regulates the procedure for litigation in civil, commercial, administrative, labour and personal status matters. It also governs the procedure of appeals and execution of judgments.

What are the Fines and Punishments for Stealing Vehicle Plate Numbers in the UAE?

26th May 2022 Stealing a UAE plate number is a crime which may be punishable under the UAE laws. Stealing a number plate would fall under the definition of “theft” of the Federal Decree Law No 31 of 2021, more commonly known as the UAE Penal Code. The UAE Penal Code defines theft under Article 435 as:“A theft means the taking of property belonging to a person other than the criminal and it shall be subject to the provisions of the following Articles.”

Punishments

The punishment for theft varies depending upon the degree of crime committed. Typically, theft is punishable by jail sentence of at least six months or a fine. Having said that, Article 442 of the UAE Penal Code states that a theft committed in a means of transport is punishable with imprisonment of not less than one year. Article 441 also provides for imprisonment of up to seven years if theft is committed during night time and by a person carrying a weapon.If a person has committed robbery by coercion or threat to use a weapon with the purpose of either keeping, obtaining or running away with the stolen goods, he shall be punished with imprisonment ranging between three years to fifteen years under Article 438 of the UAE Penal Code.Any attempt to commit theft is punishable with half of the penalty prescribed for the full crime.Therefore, stealing a UAE plate is a serious offence and should not be taken lightly.

Reduction of Sentence

Given the varying degrees of punishment provided under the UAE Penal Code, the question arises whether the court has the right to reduce the sentence of a person who has committed theft?The answer to that is yes.If the court believes that either the circumstances of the crime or the criminal itself require mercy in a felony charge, then the penalty of temporary imprisonment could be mitigated to a jail sentence for a period of at least three months under Article 99/3.In case a mitigating excuse is established in a misdemeanor, where specific minimum limit is stated for the penalty, the court does not need to abide by such limit when assessing the penalty under Article 100.

What does the Court Say?

However, the above does not mean that the penalty could be converted into fine. This was held by the Federal Supreme Court in Case No 575 of 2020 in its hearing dated 7 September 2020, in which the accused had stolen a car which he subsequently sold. The court of first instance sentenced the accused to an imprisonment of two months. This penalty was amended by the appeals court to a fine.On appeal to the Federal Supreme Court, the Federal Supreme Court noted that while the judge has the right to not adhere to the minimum penalty prescribed, provided a mitigating factor is established, it does not give the judge the freedom to assess the punishment according to what he deems appropriate and only impose a fine.

Is an Appointed Defense Lawyer Allowed to Refuse a Case in the UAE?

26th May 2022 Under the laws of United Arab Emirates, a lawyer is required to show integrity, honor and complete professional commitment while performing legal services for the clients. The lawyer should preserve the interests of his clients, whether financially or morally, by any means available and provide services with due diligence. A lawyer is required to be professional in all his actions.

What are the substantive claims for the civil procedure code in the UAE?

26th May 2022 In general terms, civil procedures laws govern civil trials as opposed to criminal trials. In a ‘civil trial,’ the claim is instituted by a person or corporate entity against another person or entity. In comparison in ‘criminal trials’ the state prosecutes the accused against whom a charge has been filed after the completion of a police investigation.

How is Maritime Law Enforced in the UAE?

26th May 2022 The commercial maritime law in the United Arab Emirates is regulated and enforced by Federal Law No. 26 of 1981 (Maritime Code).

Explained: Can you disinherit your spouse?

26th May 2022 This question is often raised by couples who are planning a divorce and hence are concerned to protect their individual assets in a judicial separation proceeding. The questions involving family law are quite complex, especially due to the multitude of expat populations having residence in the country, which possibly invites the application of various national laws in a matter of judicial separation. The UAE is home to 8.84 million, which constitutes approximately 89 per cent of the total population of the country and belong to various nationalities and include amongst other South Asians, Europeans etc.

What You Need To Know About Shipping Law And Its Practice In The UAE?

20th April 2022 The UAE comprises the Seven Emirates Dubai, Sharjah, Abu Dhabi, Fujairah, Ras Al Khaimah, Um al Quwain and Ajman and follows a civil law system which strongly influenced from French, Roman and Egyptian Legal code. The commercial maritime code of the UAE, namely, the Federal Law number 26 of 1981 is almost a forty years old law, having been affected in the UAE since 1981 i.e. just ten years post the formation of the UAE federation in itself. Today, the UAE constitutes a leading shipping center for the entire Middle East with its history in maritime trading dating back to the 1900s. The UAE has several seaports such as Jebel Ali, Mina Rashid, Zayed Port, Fujairah Port, Khalifa Port, amongst others. Of these, at least two ports have been listed within the top fifty container ports in the world by the World Shipping Council. Maritime trade accounts for almost ninety per cent of the world’s commerce, and the UAE boasts of twelve commercial trading ports separate from the oil ports, containing 310 berths and a cargo tonnage of 80 million tons.

Fundamentals of Juvenile Law in the UAE

20th April 2022 The federal law number 3 of 2016 on child rights (also known as the 'Wadeema law' or 'UAE child protection law') was enacted in the UAE to ensure that all children in the UAE, irrespective of whether they are citizens, residents or tourists are accorded the right to life, education, protection from neglect as well as all forms of abuse whether physical, sexual, verbal, emotional or psychological. Pursuant to Article 3 of this Law, the rights of the children are protected without any discrimination as to the origin, sex, home country, religion, social status or disability of any child.

What do you need to know about the limitation period in the UAE?

20th April 2022 Limitation period refers to the time period within which a claim has to be submitted before the rightful forum or court. When a claim is submitted before the limitation period closes, the same will be accepted by the courts, and in the case of the latter, it will be subject to further rules and, in most cases, such a claim can be rejected for exceeding the time limit prescribed by law. The limitation period can, in this sense, be better understood as a technical rule of qualification for a claim. There are many reasons for this rule of practice; one such rule is to ensure that a claim is being submitted for adjudication within a reasonable time period. Lack of this rule can, in other words, create a chaotic litigation system that wouldn’t serve the purpose of reasonableness or justice.

All You Need to Know About Litigation and Execution Procedures in The UAE

20th April 2022 The United Arab Emirates comprises of the Seven Emirates: Dubai, Sharjah, Abu Dhabi, Fujairah, Ras Al Khaimah, Um al Quwain and Ajman. In addition, the UAE also has several Free Zone entities across its seven Emirates, and each free zone is designed around one or more business industry categories, and an independent Free Zone Authority (FZA) governs each free zone. Today, the UAE offers close to forty multidisciplinary free zones that allow for full ownership of complies for ex-pats. The most popular names are the Jebel Ali Freezone (JAFZA), Dubai Airport Freezone (DAFZA), Dubai Multi Commodities Centre (DMCC), Sharjah Media City Free Zone (Shams), Ras Al Khaimah Economic Zone (RAKEZ) and Financial free zones such as Dubai International Free zone Centre (DIFC), and Abu Dhabi Global Market (ADGM) among others.

Learn More on Procedures of Divorce in the UAE

13th April 2022 The term ‘family law’ in the UAE broadly refers to the Federal Law no. 28 of 2005 on ‘Personal Status’ and its amendments (‘Personal Status law’) which governs all aspects relating to the marriage, divorce, maintenance, child custody, succession and guardianship matters concerning both UAE nationals and residents. The personal status law is in turn guided by the Islamic principles of Sharia and its traditions. That said, expats in the UAE are also allowed to apply foreign law in the UAE courts, and with the latest amendment, the applicable foreign law would be the law of the country where the marriage was solemnized. The applicability of the foreign law is also subject to the provisions of the UAE Civil Code, and in general, the applicability can also be restricted on account of underlying conditions, such as its possible contradiction with the UAE laws.

All You Need to Know About Litigation and Execution Procedures in The UAE

13th April 2022 The United Arab Emirates comprises of the Seven Emirates: Dubai, Sharjah, Abu Dhabi, Fujairah, Ras Al Khaimah, Um al Quwain and Ajman. In addition, the UAE also has several Free Zone entities across its seven Emirates, and each free zone is designed around one or more business industry categories, and an independent Free Zone Authority (FZA) governs each free zone. Today, the UAE offers close to forty multidisciplinary free zones that allow for full ownership of complies for ex-pats. The most popular names are the Jebel Ali Freezone (JAFZA), Dubai Airport Freezone (DAFZA), Dubai Multi Commodities Centre (DMCC), Sharjah Media City Free Zone (Shams), Ras Al Khaimah Economic Zone (RAKEZ) and Financial free zones such as Dubai International Free zone Centre (DIFC), and Abu Dhabi Global Market (ADGM) among others.

Law on Family Matters for Expatriates living in the UAE: Part II

12th April 2022

Introduction

Expatriates have enjoyed living in the UAE for many years but often do not understand the application of the UAE laws on them. In this series, we are covering the laws applicable to family matters in the UAE which have implications for expatriates.  

Law on Family Matters for Expatriates living in the UAE: Part I

10th April 2022

Introduction

United Arab Emirates is a host to millions of expatriates and foreigners who have made UAE their home. As a result, the UAE laws also cater to these expats and foreigners. One of the key laws relevant to expats and foreigners is the law relating to family matters and how it is applied to foreigners in the UAE.

Explained: Does corporate tax apply to freelancers?

28th March 2022 ‘Corporate Tax’ can better be understood as a form of direct tax levied on the net income or profit of a corporation or business entity. It is also commonly referred to as ‘business profit tax’ or ‘corporate income tax’. The United Arab Emirates has now introduced, for the first time, federal corporate tax in the country. Announcing the new tax regime, the ministry of finance (MOF) has released a set of key pointers that serve as guidelines for the applicability of the corporate tax, which would be enforced from 1 June 2023 onwards (‘UAE Corporate Tax’). The corporate tax law in itself is awaited to be issued.

Under what conditions are divorces denied in the United Arab Emirates?

23rd March 2022 When dealing with divorce, you might have inadvertently come across various facets of what is commonly referred to as ‘family law’. The term ‘family law’ in the UAE broadly refers to the Federal Law no. 28 of 2005 on ‘Personal Status’ and its amendments (Personal Status law) that governs all aspects relating to the marriage, divorce, maintenance, child custody, succession and guardianship matters concerning both UAE nationals and residents. The personal status law is guided by the Islamic principles of Sharia and its traditions. That said, ex-pats in the UAE are also allowed to apply foreign law in the UAE courts, and with the latest amendment, the foreign law applicable in such instances would be the law of the country where the marriage was solemnized. The application of the foreign law is also subject to the provisions of the UAE Civil Code, and in general, the applicability is restricted to many underlying conditions.

Learn more about the new personal data protection law in the UAE?

23rd March 2022 The United Arab Emirates has issued for the first time a federal law for the protection of personal data, namely the 'Federal Decree-Law no. 45/2021 on the Protection of personal data' ('Personal data protection law'). The provisions of the personal data protection law apply to the Processing of personal data in the UAE, whether done automatically through electronic systems or via other means. Apart from the newly introduced Law, there exists separate data protection laws applicable for the Dubai International Financial Centre (DIFC), the Abu Dhabi Global Market (ADGM) and for the Dubai Health care city respectively.

How can a tenant challenge the rent increase in the country?

23rd March 2022 The United Arab Emirates is a federation of seven emirates, with each emirate being governed by its own ruler; this brings in the application of local laws along with federal laws. This is especially true when concerning property laws. For instance, in Dubai, the property matters are subject to the provisions of local laws, which determine the rent increase for real property in the emirate of Dubai. 

How to avoid legal actions on trademarks in the UAE?

23rd March 2022 The Trademarks law in the UAE provides a very comprehensive definition for a ‘trademark’, ‘A Trademark is everything that takes a distinctive shape of names, words, signatures, letters, Symbols, numbers, addresses, seals, Drawings, Pictures, Engravings, packaging, graphic elements, forms, colour or colours or a combination thereof, a sign or a group of signs, including three-dimensional marks, Hologram Marks, or any other mark used or intended to be used to distinguish the goods or services of a facility from the goods or services of other facilities, or to indicate the performance of a service, or to conduct monitoring or examination of goods or services. A distinctive sound or smell may be considered as a Trademark’’ (Article 2).

Do you need any permission for a second marriage in the UAE

23rd March 2022 Such a query is often concerning Muslims, as pursuant to the Islamic Sharia laws, a Muslim male may have as many as four wives. Thereby, polygamy is practiced in the UAE. That said, the Sharia laws also place high responsibilities on the male, specifying that further marriages should be entered into only when the husband can offer equal maintenance and treatment to all the wives.

Explained: All you need to know about digital services for family disputes in the UAE

23rd March 2022 In a recent development, the Ras Al Khaimah Courts Department has launched a new electronic registration system for family cases. The new service can be accessed through the official electronic portal maintained by the Ras Al Khaimah government. The new system for electronic filing has been now introduced with the specific aims to simplify the entire process, making it more customer-friendly in order to achieve speedy submission of applications before the family guidance department. By launching the e-services, the customers can rely on the online process without the requirement to attend the court physically. This is a great boon and advancement to the traditional court procedures, and without doubt a welcome move for all. The reliance on online services will ensure that customers can take easy steps matching with the demands of daily life and avoid being bogged down by rigid court rules and procedures.

Explained: Does corporate tax apply to freelancers?

23rd March 2022 ‘Corporate Tax’ can better be understood as a form of direct tax levied on the net income or profit of a corporation or business entity. It is also commonly referred to as ‘business profit tax’ or ‘corporate income tax’. The United Arab Emirates has now introduced, for the first time, federal corporate tax in the country. Announcing the new tax regime, the ministry of finance (MOF) has released a set of key pointers that serve as guidelines for the applicability of the corporate tax, which would be enforced from 1 June 2023 onwards (‘UAE Corporate Tax’). The corporate tax law in itself is awaited to be issued.

What are the updates on penalties and jail time for money laundering offenders?

23rd March 2022 The United Arab Emirates remains committed to instituting anti-money laundering practices in the country and thereby imposing strict penalties to offenders in money laundering cases. The extent of the penalties being imposed generally includes imprisonment and fines equivalent to the misappropriated amount. In its recent verdicts, the UAE courts have set heavy penalties to the tune of even Dirhams Fifty Million in money laundering cases.

What are the new updates in health protocols in the UAE?

23rd March 2022 Covid-19, the new strain of coronavirus has undoubtedly created a world epidemic, and its effects are still being grappled with globally. Pandemic outbreaks have occurred before on numerous occasions, and they have had a crippling effect on the world economy. However, never before the world has collectively experienced such a bottleneck effect on international trade and shipping. The underlying causes are numerous and include factory closures, supply shortage, transit and payment delays, to name a few. Many businesses have been pushed to the brink of bankruptcy in increasing numbers worldwide. The virus and its causes were relatively unknown before 2019, and two years down the lane, the world is still recovering from its effects.

What are the legalities of hiring a domestic worker in the UAE?

23rd March 2022 Even though the domestic workers are not governed by the UAE labour law, there exists a distinct and special law to govern their employment. Namely, the Federal Law No. 10 of 2017 on domestic workers governs the recruitment and employment of domestic workers in the UAE. Pursuant to the said law, ‘domestic work’, is defined as ‘ the work performed by the worker to the employer or his family, in the workplace. This provides a very broad definition and thus encompasses within it meaning a variety of professions such as guards, nursemaid, gardeners, personal trainers, personal teachers, chefs, private nurse, housekeepers, personal drivers etc.

What are the fines and punishments for forging Covid -19 PCR results in the UAE?

23rd March 2022 In response to the Covid-19 pandemic, the public authorities in the UAE have taken proactive and adequate measures to ensure the safety and wellbeing of its citizens, residents and visitors. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement and combined with the Covid-19 protection measures, the country has successfully brought life close to normal, with residents being able to enjoy a more accessible and healthier environment compared to many other nations. 

How can we prevent cybercrimes in the banking sector?

22nd February 2022 The UAE has been at the forefront of taking decisive and proactive measures to curb the prevalence of cyber-attacks in the region. The strategy and success in combatting cybercrimes in the region lie in the adoption of more comprehensive and streamlined laws and regulations with stricter penalties.

What you need to know about corporate tax on business profits in the UAE starting June 1, 2023

22nd February 2022 The ministry of finance (MOF) of the United Arab Emirates has recently announced the introduction of a federal corporate tax in the UAE (the ‘UAE Corporate Tax’). ‘Corporate Tax’ can better be understood as a form of direct tax levied on the net income or profit of a corporation or business entity. It is commonly also referred to as ‘business profit tax’ or ‘corporate income tax’. The newly introduced UAE corporate tax will apply in the country starting from the financial year of Ist of June 2023. The corporate tax law in itself is awaited to be issued. However, the key inputs of the new corporate tax law as declared by the MOF will be detailed in this article.

What are the punishments for minors caught drinking alcohol and illegal selling of alcohol in the UAE?

22nd February 2022 Before the new changes that were effected by the Federal Decree By Law No. 15 of 2020, it was illegal to consume alcohol without a valid permit. The permits were issued by the respective authorities in each emirate and were subject to the provisions of the law on alcoholic beverage control issued in 1972. Thus, pursuant to the said law it was illegal to import, export, manufacture, acquire, drink, supply, sell or offer alcoholic drinks to any person who does not possess a valid alcohol license, issued by the appropriate licensing authority on an emirate level. Violation of the said rules would have invited a penalty equivalent to six months imprisonment and a fine or five thousand dirhams.

How to file a case for slander, and what are my legal options?

22nd February 2022 ‘Slander’ and ‘Libel’ are said to occur when someone makes a false statement about you and which potentially damages your reputation. Let us first understand the difference between ‘Libel’ and ‘Slander’. Both are concerned with instances of defamation, however, from a legal point of view, they are very distinct. Though, both Libel and slander constitute defamatory statements, ‘libel’ constitutes a defamatory statement that is in a written form, while ‘slander’ constitutes a defamatory statement that is oral in nature.

What are the new updates for family court proceedings in the UAE?

22nd February 2022 Many groundbreaking legal changes have been introduced in the UAE in recent months. The new changes have been nothing short of revolutionary in terms of modernizing the existing rules and building a more flexible and expat-friendly environment. The decision to amend many of the strict Islamic laws and to modernize several elements of the family and personal laws aims to usher in multiculturalism and progressivism. 

What are the regulations of healthcare professionals in the UAE?

22nd February 2022 The United Arab Emirates is a confederation of seven emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah, Umm al-Quwain and Ras al-Khaimah. At the federal level the Federal Ministry of Health and Prevention (MOHAP) is responsible for the implementation of the federal government policies in healthcare and works in close collaboration with all health authorities at both federal and emirate level. At the emirate level, the emirates of Dubai, Abu Dhabi and Sharjah have their own health authorities namely, the Dubai Health Authority (DHA, for Dubai), the Department of Health (DOH, for Abu Dhabi) and the Sharjah Health Authority. The UAE ministry of health, is the federal authority responsible for licensing companies and medical service professionals or individuals involved in services in the healthcare industry, including the practices of nursing, dentistry, pharmaceutical, laboratories and medicine.

What are the new laws for carrying sharp tools in the country?

22nd February 2022 The United Arab Emirates has recently introduced changes to its criminal law that now ban carrying of sharp objects or tools. Further, if the said tools or objects are being used in a crime, then the penalty applicable would be double in nature, i.e. the offender will receive a separate penalty for the crime in itself, and additional penalty for carrying the banned objects. The said law has been introduced with the view to ensure heightened form of security in the country.

How can business law help in forming contracts?

22nd February 2022 The UAE has issued many critical changes in recent years in furtherance of its aim to establish itself as the leading business hub in the region, one that promotes a business-friendly environment. Aligning to this goal, the UAE has recently introduced new amendments to the commercial company's law ((Federal Law No. 2 of 2015 and its amendments), allowing for the first time in the history of the UAE, one hundred per cent ownership to foreign ex-pats. With the latest changes, complete foreign ownership is now allowed in mainland companies within certain industries, which was earlier allowed only with the appointment of either a local company or an individual as the local agent.

What Are the New Laws for Donations & Charity Funds in The UAE?

7th February 2022 The United Arab Emirates has revamped its laws relating to charitable donations and funds constitution. The new law, namely, the Federal Law No. 3 of 2021 concerning the Regulations of Fundraising and Donations (the ‘new law’), aims to regulate all charity funds and imposes restrictions and stricter control measures. For instance, the new law imposes fines ranging from Aed 200,000 to 500,000 for any person profiting or misappropriating the donations. In its applicability the proposed new regulatory law shall apply to any entity that wishes to collect or provide donations in the State, including the free zones (Article 2).

What are the consequences of breaching a non-disclosure agreement between private entities in the UAE?

7th February 2022 In simple terms, a non-disclosure agreement (commonly referred to as an ‘NDA’) constitutes a written agreement between two parties or entities, wherein one party prohibits the other from sharing any confidential information exchanged between them, or such prohibition can be mutually applicable to both the parties. In essence, thus, an NDA protects confidential information from being disclosed without the written confirmation of the proprietor or deemed proprietor of such confidential information. They are also known as ‘confidentiality agreements’, ‘proprietary information agreement’ or ‘secrecy’ or ‘non -disparagement agreements’, and constitute a crucial tool that allows companies, especially startups, to pitch their ideas to the people they are negotiating with without the fear of infringement. Any person or entity that breaches the terms of a signed NDA, will be subject to the penalties as imposed by the agreement or as within the purview of the applicable laws.

Spreading False Information on Social Media and its Penalties

7th February 2022 The United Arab Emirates has enacted the federal degree law number 34 of 2021 concerning the fight against rumors and cybercrime. The said law was issued on 20 September 2021 and is in effect from 2 January 2022. It seeks to prohibit the use of the Internet to publish, circulate or spread false news, rumors or misleading information, which are contrary to the news published by official source.

Construction Contract in the UAE: All You Need to Know

7th February 2022 Of all the different types of intellectual property rights such as copyrights, trademarks, designs etc., no other intellectual property right signifies ‘innovations’ as ‘patents’ do. In fact, a patent signifies an exclusive right granted to an inventor by the government to the exclusion of all others (including the government) to profit by making, selling or issuing the patented invention for a definite period of time (usually twenty years). Thus, the patent rights in itself have been designed to encourage innovations culminating in useful inventions that prove unique and useful to the society at large.

Bringing your pet to the UAE? Here are a few legal guidelines.

7th February 2022 With the advent of the covid-19 epidemic, the world governments, including the United Arab Emirates, has taken a stricter approach to health and safety. Some of these measures include the introduction of new policies concerning the relocation of pets into the UAE. For instance, the UAE Ministry of Climate Change & Environment (MOCCAE) has added special requirements related to Covid-19 when it comes to bringing cats into the UAE. Wherein, the owners are required to submit a legal endorsement stating that “the pet has not been in contact with Covid-19 human or animal positive case within at least fourteen days before shipping or was isolated under our supervision for fourteen days before shipping without showing symptoms of respiratory illness, or has been tested with a negative PCR test within ninety-six hours prior to the international travel”.

How is the gratuity calculated after leaving the job from Feb 2 onwards?

7th February 2022 The United Arab Emirates has issued the new Federal Decree-Law No. 33/2021 on Regulation of Labor Relations (the “new labor law”), which repeals the long-held Federal Law number 8 of 1980. The new labor law has been implemented with the twin objectives of ensuring the efficiency of the UAE’s employment sector by retaining its allure in attracting and maintaining the best, competent and future skills driven workforce and thus providing an attractive business environment for employers in the country. The new labor law particularly also focuses on regulating the rights and obligations of both the employer and employees in a balanced manner and thus, introduces many key regulations and changes.

How Do You Do a Patent Search in The UAE?

7th February 2022 Of all the different types of intellectual property rights such as copyrights, trademarks, designs etc., no other intellectual property right signifies ‘innovations’ as ‘patents’ do. In fact, a patent signifies an exclusive right granted to an inventor by the government to the exclusion of all others (including the government) to profit by making, selling or issuing the patented invention for a definite period of time (usually twenty years). Thus, the patent rights in itself have been designed to encourage innovations culminating in useful inventions that prove unique and useful to the society at large.

All You Need to Know About Law Updates On Using Drones in The UAE

7th February 2022 The Ministry of Interior (MOI) of the United Arab Emirates has recently introduced a complete ban on the use of drones and light sports aircraft in the UAE. The ban applies to owners, practitioners as well enthusiasts of drones and applies to both air and sailing spots. The new rules have been introduced in coordination with the General Civil Aviation Authority (GCAA), which is the federal regulatory authority responsible for civil aviation in the UAE including observing of the safety regulations.

What are the Updates on Real Estate Acquisitions and Leases in the UAE?

24th January 2022 The years 2019 – 2020 saw the real estate market being impacted across the world due to the negative impact of Covid-19. Similar effects were seen on the UAE commercial real estate market as well, impacting both the commercial real estate acquisitions and tenancy transfers. Following the pandemic, there was an immediate decrease in the demand for retail office spaces, as well as residential real estate. However, moving into the following years, we have seen a strong reversal of this trend.

What are the new changes in bounce cheque in the UAE effective 2022?

24th January 2022 The United Arab Emirates has enacted the federal degree number 14 of 2020 which has amended and added new articles to the UAE commercial transaction law no. 18 of 1993. The new changes will be in force from January 2022 onwards and impose new rules governing commercial cheques in the UAE. One of the significant changes being made concerns the limited scope of criminalization in instances of returned cheques on account of insufficient funds. The instances in which criminality will still apply are the instances wherein bad faith exists on account of the issuer of the cheque or other specific criminal actions as included in the new changes.

New Updates on Legal Reforms in the UAE

24th January 2022 The year 2021 has seen many critical changes being brought into the legal regime of the United Arab Emirates. The new changes have been critically aligned with the economic reforms initiated in the region that aim to build a flexible business environment in the UAE, one that furthers the economic prosperity. The United Arab Emirates is home to a multitude of ex-pat populations to the tune of almost ninety per cent of the total population, and inculcating the same, the new laws also aim to make the region more expat-friendly and adaptable.

Updates on management liability on bankruptcy law in the UAE

24th January 2022 The new federal decree-law no. 35 of 2021 amending the provisions of federal decree-law no. 9 of 2016 regarding bankruptcy and its amendments has been introduced in the United Arab Emirates (hereinafter referred to as the 'new Decree') to be in effect from 1st November 2021. The new decree brings in a fundamental and crucial change in the position of law that now accords individual liability on the shareholders of the company (subject to further conditions), in the instance the company funds are insufficient to cover even twenty per cent of the company's liabilities.

How can you avoid Identity Theft strikes?

24th January 2022 Identity theft can be very simply defined as the crime of obtaining personal or financial information of another person with the intention of using their identity in order to commit fraud. The fraudster in such circumstances may use the stolen identity to commit various fraud, such as unauthorized online transactions or purchases or others.

How Can a Man Get Away from Alimony to an Unemployed Wife?

24th January 2022 A divorce process can often be a very unsettling time for the people; however, it is important to understand that financial rights concerning ‘alimony’ and ‘child support’ are very crucial factors that have far-reaching implications. In legal terms, ‘alimony’ refers to the legal obligation of a person to provide financial support to his or her spouse in the instance of a marital separation as per the applicable family law.

Can You Sue Someone for Online Harassment if You Have Limited Evidence?

24th January 2022 Online harassment or cyberbullying can be defined as the practice of ‘using electronic communication to bully a person, which could be by sending messages which are of a threatening or intimidating nature’. Instances that can be considered as cyberbullying includes posting embarrassing photos of someone on social media or spreading lies about someone, even impersonating someone and sending means messages in their name to others. Reports show that children are often easy prey for cyberbullying, and hence it is even more critical that strict laws exist to condone such acts.

How to resolve a Dispute with a Bank in UAE?

10th January 2022 Banking and financial disputes can easily become a painful hurdle for many, especially as they can cause wider disruptions to both your business and personal life. There are a variety of disputes that can fall within the scope of a banking dispute, and these include, amongst others, financial frauds, disputed money transfers, card loss, unauthorized activities including unauthorized charges. 

How is international arbitration implemented in the UAE during the new normal?

10th January 2022 The number of arbitration cases being registered in the United Arab Emirates has been steadily increasing in recent years. This is especially so for Dubai in terms of commercial litigation, with arbitration being included as a standard clause for dispute resolution, whether relating to real estate matters, construction or commercial contracts. The year 2021 has seen critical changes in the arbitration sector with a new decree anointing the ‘Dubai International Arbitration Centre’ (DIAC) as a sole arbitral chamber in the emirate, which now essentially abolishes the Dubai International Financial Centre-London Court of International Arbitration (DIFC-LCIA). The said decree is in effect from September 2021 and establishes the Dubai International Arbitration Centre to act as the sole dispute-resolution seat in the emirate of Dubai.

New updates on cybercrime law in the UAE – taking photos without consent

10th January 2022 A recent reminder was issued by the UAE Federal Public Prosecution reminding citizens, residents and visitors in the United Arab Emirates on the country’s strict privacy laws. The United Arab Emirates has a very proactive and comprehensive cybersecurity strategy and has developed a strong cybersecurity infrastructure. Cybercrimes in UAE are regulated under Federal degree law number 5 of 2012, and its amendments are commonly referred to as the ‘UAE Cybercrime law’.

Your guide in buying a property in the UAE as expats

5th January 2022 Expatriates make up for a total of ninety per cent of the population of the United Arab Emirates, with the higher percentage of people living in Dubai and Abu Dhabi. This, in turn, results in ex-pats wanting to invest in the real estate market in the UAE, whether as an investment opportunity or for the option of renting. For investors, the real estate market of the UAE poses a great charm and delivers with great returns on investments.

What you need to know? Theft Punishments & Fines in the UAE

5th January 2022 Theft is said to occur when the intentional misappropriation of property happens. Theft is thus commonly defined as “the action or crime of stealing, in which a person intentionally takes personal property of another without permission or consent and with the intent to convert it to the taker's use”. ‘Theft’ under the UAE laws is governed pursuant to the provisions of the Federal Law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’). Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own property.

What are the legal ways to protect your intellectual property in the UAE?

5th January 2022 Intellectual property covers any original ideas, designs, discoveries, inventions and creative work produced by an individual or group. Copyright, trademark, patent and design are a few of the most common types of IP protection.

What are the differences between justification and fair comment as a defense in tort?

5th January 2022

What does an action in Tort mean?

A tort in terms of common law can be defined as a civil wrong that has caused loss or harm to a person, resulting in legal liability. An action in tort means any claim for money damages based upon negligence, medical malpractice, intentional tort, nuisance, products liability and strict liability, and could also include any wrongful death or harm.

UAE: Changes in the Workweek as per the Law

5th January 2022 The United Arab Emirates recently introduced the Federal Decree-Law no. 33 of 2021 on the ‘regulations of labour relations’, which would be in effect from 2nd February 2022 (“new decree law”). The new decree-law aims to bring about more efficiency in the labour functions in the UAE. The rules have been specially formulated to strike a balance between attracting and retention of the best talents and skills, as well as providing an attractive business environment for employers. Thus, to empower both the parties and to ensure heightened participation in pursuing the national development goals.

UAE authorities take tough stance on cryptocurrency fraudsters

5th January 2022

New legislation will increase punishments for online fraudsters to protect the public

Cyber criminals promoting cryptocurrency scams online will face five years behind bars and fines of up to Dh1 million under tough new UAE laws introduced to protect the public from financial fraud.

Explained: Prenuptial agreement in the UAE

5th January 2022 Prenuptial agreements are a common practice today, with more people choosing this legal method increasingly. There are two ways to go about it; one is a ‘Prenuptial Agreement’ and the other a ‘Postnuptial Agreement’. Wherein, the prenuptial agreement is entered into prior to the marriage and the postnuptial agreement after the marriage, and both aim to have a binding agreement in place for the protection of assets in the event of a future divorce.

How to claim inheritance if the beneficiaries are not UAE residents?

5th January 2022 In recent years, the government of the United Arab Emirates has enacted many ground-breaking changes to the Islamic personal law promoting multiculturalism and progressivism.

All you need to know about the new updates on bounced cheque

5th January 2022 The federal degree number 14 of 2020 has amended and added new articles to the UAE commercial transaction law no. 18 of 1993. The recent changes will be in force from January 2022 onwards. This article will discuss the new rules governing commercial cheques in the UAE.

What you need to know about the new updates on business law in the UAE?

13th December 2021 Many recent changes have been made to build a flexible business environment in furtherance to the vision of the United Arab Emirates to make the country the leading business hub in the region, one that establishes a business-friendly environment. Aligning to this goal, the UAE has made changes to the commercial company's law ((Federal Law No. 2 of 2015 and its amendments), allowing for the first time in the history of the UAE, one hundred per cent ownership to foreign ex-pats. With the latest changes, complete foreign ownership is allowed in mainland companies within certain industries, which was earlier allowed only with the appointment of either a local company or an individual as the local agent.

What are the new key amendments to the Federal Tax Procedures Law in the UAE?

13th December 2021 Federal decree law number 28 of 2021 has been issued amending the provisions of the Federal Decree law no. 7 of 2017. The new decree brings in changes to the procedures for raising a tax dispute and resolution in the UAE. The new changes have been made effective from 1 November 2021.

Procedures on filing a sexual crime case in the UAE and its punishment

13th December 2021

What constitutes rape:

The crime of rape can be defined as “unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving legal consent because of minor status, mental illness, mental deficiency, intoxication, unconsciousness, or deception. “Rape” under the UAE laws is governed according to the provisions of the Federal Law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’). Pursuant to articles 354- 357 of the UAE penal code, define and govern the applicable provisions for the crime of rape.

Learn more: Child abduction in the UAE and its consequences

13th December 2021

Difference between ‘kidnapping’ and ‘abduction’:

When you talk about kidnapping it usually involves an instance of kidnapping accompanying with a ransom for monetary profits. However, when one talks about abduction, this necessarily may not be so, and can cover an act wherein a person has been taken away from his or her original location by persuading him or her, by some act of fraud or with a forceful way that may or may not include violence.

Intellectual property in the UAE: What are your rights and offences for violators?

13th December 2021 Intellectual property rights have always played an inherent role in breakthrough discovery in various fields. The commercial and moral rights provided under the IP regime, whether towards monetization of the IP or to declare the ownership in the said innovation has allowed a fine balance to exist in the society that benefits both the creators and the society at large. IP rights comprise of various kinds of rights such as ‘Patents’, ‘Trademarks’, ‘Copyrights’, ‘Designs’ etc. Registration of intellectual property rights allows the creators or owners of the IP to be able to monetize the rights. Consumers, on the other hand, can ensure that they are purchasing safe and guaranteed products.

What you should know about the new drugs law in the UAE

29th November 2021 The UAE has longstanding laws in place governing the use, production and distribution of Narcotics and Psychotropic substances, designed to protect individuals, companies, and society at large, and to prosecute those who act in contradiction to its mandates.  Overall, the most recent decree number 30 of 2021 institutes key new amendments to the Federal law number 14 of 1994 on narcotic and psychotropic drugs to strengthen that resolve, while also adding provisions and advisory bodies to support treatment, monitor and regulate. 

What is the foreign bribery law in the UAE?

29th November 2021

What is bribery, and why is it an offence?

Bribery refers to the offence of promising, offering or granting, either directly or indirectly, a person to either perform or to omit an act that is included in their duties or constitutes a violation of their duties.

What is the impact of ransomware on financial crime compliance in the UAE?

29th November 2021 Ransomware attacks are now a bigger concern to major organizations around the world in. In this article we will discuss the major concerns around such attacks and the laws and regulations governing the same.

What are the changes in law proposed to allow divorce by mutual agreement to make it more convenient?

29th November 2021 In the recent changes, a new decree-law on Personal status for non-Muslims in the emirate of Abu Dhabi has been enacted (hereinafter “New Decree”). The new Decree amends the previous practices applicable to the divorce of non-Muslims and allows the concept of unilateral divorce for the first time. The new Decree thus aims to provide more innovative solutions that will allow non- Muslims residing in the emirate of Abu Dhabi to solve family disputes in a flexible manner.

What are the privileges of internal investigations in the UAE?

29th November 2021 Senior administration, HR team, and consistence faculty of all enterprises and in a wide industry are approached against consistently with proof or charges of potential bad behavior at their organizations. These situations may extend from warning from the government for examination concerning claims of infringement of any government law by the partners or senior executives to a routine internal complaints of infringement of the worker policy or any other policies or rules established by the organization.

What are the punishments for forging documents to apply for a bank loan?

18th November 2021

What constitutes forgery:

 'Forgery' refers to the action of forging or producing a copy of a document, signature, banknote, or work of art etc. An act of forgery can lead to charges of fraud and or misrepresentation in the UAE. Article 216 of the Federal Law number Federal Law No. 3 of its 1987 concerning the penal code ("UAE Penal Code") defines as 'The forgery of a written instrument is to alter its reality in one of the manners described hereinbelow, so as to cause prejudice, with the intention of substituting the false for the genuine instrument." 

How to Check If You Are Part of the Social Media Data Breach?

18th November 2021 Data breach have become quiet a common feature of today’s time of hyper online connectivity. This can lead to situation of your data getting stolen or instances of data breach and privacy violations, whether intentional or otherwise. In this article we will take you through the main points that are to be considered to avoid data breach.

How will the new zero-tolerance drunk driving law affect your car insurance?

18th November 2021 You might have come across the recent changes in the UAE federal laws that has relaxed the previous rules which imposed strict license requirements for the purchase of alcohol in the region. Albeit such rules have now been removed, however, the UAE still follows and applies zero tolerance when it comes to alcohol consumption while driving.  This essentially means that, there is not concept of minimum blood alcohol limit in the UAE, meaning that there is a zero-tolerance policy and thus, despite the level of blood alcohol a person may have while driving he can be liable for a fine and jail term.

What are the charges of trafficking and promoting narcotics substances in the UAE?

18th November 2021 All citizens, residents and tourists to the United Arab Emirates must be aware of the non-tolerance for drugs in the region. The UAE has a strict drug policy and laws in place which enforce ‘zero tolerance’ for drugs. The Federal Law no. 14 of 1995 on the countermeasures against narcotic drugs and psychotropic substances (‘Narcotics Law’) criminalizes the procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of narcotic drugs and psychotropic substances, as well as all the other types of activities and acts in connection therewith (Article 7).

How Theft is Considered as Felony?

18th November 2021 ‘Theft’ under the UAE laws is governed pursuant to the provisions of the Federal Law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’). Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own property.

Learn More: Rental Contract Updates in the UAE

18th November 2021 The tenancy laws in the emirate of Dubai are subject to the rules and regulations of the Real Estate Regulatory Agency (RERA), which constitutes the regulatory arm of the Dubai Land Department (DLD). Speaking of tenancy laws in the UAE, one would often come across tenancy terms such as ‘EJARI’. EJARI is an online program developed by RERA for recording tenancy contracts for all property types in Dubai, i.e. both commercial and residential properties. The EJARI system has been created pursuant to Law no. 26 of 2007 regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and its various amendments (‘Tenancy Law’). The EJARI system has been enforced to bring about all parties connected to the property lease and management companies, including companies that own and manage properties and to ensure a safe and encouraging environment for both investors and tenants alike.

How to manage claims and dispute resolutions in construction sector?

4th November 2021 The construction industry is the very essence and backbone of the UAE’s economy, with an estimated valuation of USD 101 billion in 2020 and is projected to reach a valuation of USD 133 billion by 2026. The fast-paced growth of the construction industry also comes with the increasing number of construction disputes.

How to deal with a car accident in the UAE and its fines?

4th November 2021 Car accidents can occur due to a variety of reasons; more often than not, negligence constitutes a key contributing factor. The statistical analysis of the number of car accidents in the UAE is currently at 6 per 100,000 people. Fines are typically imposed for traffic violations in the United Arab Emirates according to the Federal Traffic Law that came into effect on 1 July 2017 (‘Traffic law’). The list of fines for traffic violations is often updated annually and regularly published by all emirates. The traffic regulations are imposed in tune with the UAE’s vision to bring down the number of traffic casualties from 6 per 100,000 people to 3 per 100,000.

What are the latest updates on Covid-19 restrictions and fines for the offenders in the UAE?

4th November 2021 In response to the Covid-19 pandemic, the public authorities in the UAE have taken proactive and adequate measures to ensure the safety and wellbeing of its citizens, residents and visitors. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement and combined with the Covid-19 protection measures, the country has successfully brought life close to normal, with residents being able to enjoy a freer and healthy environment in comparison with other nations. 

Employment opportunities at Expo 2020: Know your rights

28th October 2021 The much-awaited world expo has begun this October 2021 in Dubai. Originally scheduled for October 2020 and later postponed to 2021 due to the effects of covid-19 and the related travel restrictions. However, just one year from the earlier date, the UAE is back at the forefront and ready to welcome the world spectators to this grand six-month-long expo starting from 1 October 2021 to 31 March 2022. Needless to say, that the UAE has been able to orchestrate this landmark event in record time due to it highly efficient handling of the pandemic. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement, and with the same, the country has successfully brought life close to normal and is a safe destination for people to travel to.

What you need to know? Inheritance law in the UAE

28th October 2021 The UAE Personal Status Law defines ‘inheritance’ as ‘the imperative devolution of the property and financial rights upon the death of their owner to those deserving’ (Article 313). Inheritance conventionally means handing over one’s assets to his/her descendants, family, or other legally entitled beneficiaries. The process becomes complicated when the deceased has not left a will behind. Therefore, the right process would be to have a registered will at hand to ensure that your property and assets are divided as per the provisions of the will, which in turn reflects your wishes.

What are the types of fraud done by bank cheque?

28th October 2021 Cheque fraud can be described as ‘depositing of a fake or manipulated cheque’. Cheque frauds are increasingly common in many jurisdictions, and therefore, it is important to understand the various types of cheque frauds and how to avoid them. In this article, we will be discussing the various types of cheque frauds and also the preventive measures that one can take when facing such issues. 

What are the updates on tenancy law for family-only residential buildings in the UAE?

28th October 2021 Pursuant to Law Number 2 of 2007 on Regulations of Landlord-Tenant Relationship in Sharjah and its amendments, low-income bachelors or labourers are not allowed to live in certain residential neighbourhoods which have been specially demarcated for family use. Instead, there are certain industrial areas allocated specially for low-income bachelors and labourers in Sharjah, wherein they can take accommodation and wherein it is also possible for them to obtain shared accommodation. For example, areas such as Al Majaz and Al Nahda have been designated for family accommodations. Certain exemptions may be granted to higher-income executive bachelors holding higher degrees and professionals such as doctors, engineers to live in residential areas demarcated for families with the direct permission of the landlord.

What are the common formalities of arbitration in the UAE?

28th October 2021 The Federal Law No. (6) of 2018 on arbitration (‘Arbitration Law’) defines arbitration as ‘ A procedure regulated by law in which a dispute between one or more parties is submitted, by agreement of the parties, to an arbitral tribunal which makes a binding decision on the dispute’(Article1 ). The UAE Arbitration Law is modelled on the UNCITRAL (United Nations Commission on International Trade Law) model Arbitration Law which represents the international best practices. Pursuing an arbitration process over the traditional litigation route can offer many distinct advantages such as choice of language, Confidentiality, flexibility to choose the number of arbitrators, the seat of arbitration, procedures etc. 

Travel updates in the UAE: Your Legal Guide during Pandemic

28th October 2021 In response to the Covid-19 pandemic, the public authorities in the UAE have taken proactive and adequate measures to ensure the safety and wellbeing of its citizens, residents and visitors. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement and combined with the Covid-19 protection measures, the country has successfully brought life close to normal, with residents being able to enjoy a freer and healthy environment in comparison with other nations. There are an increasing number of international travelers travelling to the UAE as this constitutes one of the safest destinations in the world. There is also the world expo 2021 that is currently being hosted by Dubai that is further inviting an influx of international travelers to the UAE.

What are the punishments and fines for child negligence in the UAE?

28th October 2021 The federal law number 3 of 2016 on child rights (also known as the 'Wadeema law' or 'UAE child protection law') was enacted in the UAE in order to ensure that all children in the UAE, irrespective of whether they are citizens, residents or tourists ae accorded with the right to life, education, protection from neglect as well as all forms of abuse whether physical, sexual, verbal, emotional or psychological. Pursuant to Article 3 of this Law, the rights of the children are protected without any discrimination as to the origin, sex, home country, religion, social status or disability of any child.

What actions can be considered as molestation of women?

28th October 2021 The United Nations declaration on the elimination of violence against women defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life."Sexual violence, on the other hand, is specifically defined as "any sexual act, attempt to obtain a sexual act, or other act directed against a person's sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. It includes rape, attempted rape, unwanted sexual touching and other non-contact forms". 

What you need to know about patent litigation?

11th October 2021 The United Arab Emirates has built up a rigorous intellectual property protection regime in the country. The UAE is also a signatory of various international treaties relation concerning intellectual property protection such as the ‘World Intellectual Property Organization Convention’ (WIPO), ‘Trade-Related Aspects of Intellectual Property Rights’ (TRIPS), ‘Paris Convention for Protection of Industrial Property’, ‘Patent Cooperation Treaty’ (PCT) and the ‘Gulf Cooperation Council’ (GCC). 

What are the types of fraud done by bank cheque?

11th October 2021 Cheque fraud can be described as ‘depositing of a fake or manipulated cheque’. Cheque frauds are increasingly common in many jurisdictions, and therefore, it is important to understand the various types of cheque frauds and how to avoid them. In this article, we will be discussing the various types of cheque frauds and also the preventive measures that one can take when facing such issues. 

What are the punishments for child abduction in the UAE?

11th October 2021 Abduction in legal terms refers to ‘taking a person away by means of persuasion, fraud, or force’. It can also be an act of unlawful interference with a family relationship, such as the taking of a child from its parent, irrespective of whether the person abducted consents or not.  

New Updates: Health, safety measures & fines during Expo 2020

11th October 2021 The much-awaited world expo has begun this October 2021 in Dubai. Originally scheduled for October 2020 and later postponed to 2021 due to the effects of covid-19 and the related travel restrictions. However, just one year from the earlier date, the UAE is back at the forefront and ready to welcome the world spectators to this grand six-month-long Expo starting from 1 October 2020 to 10 April 2021. Needless to say that the UAE has been able to orchestrate this landmark event in record time due to it highly efficient handling of the pandemic. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement, and with the same, the Country has successfully brought life close to normal and is a safe destination for people to travel.

What are the conditions to receive child support?

11th October 2021 The Federal Law No. 28 of 2005 and its amendments (“Personal Status law’) govern all aspects concerning marriage, divorce, and child custody and succession rights in the United Arab Emirates for both UAE nationals and residents. In addition, the Islamic principles of the Sharia law guide the said law and its application. However, under certain specific conditions the parties can also request the application of the foreign laws before the UAE courts in determining their legal rights. With the recent amendments to the Personal Status Law, the law of the country which constitutes the place of marriage is determined as the applicable law, provided such law does not contradict with the Sharia Law and also other conditions. (Article 13: The provisions of Article 13 have been replaced by virtue of Article 1 of Federal Decree-Law No. 30 dated 27/09/2020, to read as follows: 1- The law of the State where the marriage was concluded shall govern the personal and financial impacts resulting from the contract of marriage. 2- Divorce, repudiation and separation shall be governed by the law of the State where the marriage was concluded).

How can arbitration be enforced?

11th October 2021 An arbitration proceeding is similar to traditional court litigation in many ways. However, it has many advantages to offer in comparison to traditional litigation. An Arbitration procedure is private and confidential and, in many ways, faster and less expensive when compared to traditional litigation channels. For these advantages, companies often prefer to choose arbitration proceedings for dispute resolution and ensure that an arbitration clause is pre-agreed between the parties on commercial contracts. 

UAE : Highlights on penalties for use, possession of narcotics and illegal substances

11th October 2021 All citizens, residents and tourists to the United Arab Emirates must be aware of the non-tolerance for drugs in the region. The UAE has a strict drug policy and laws in place which enforce ‘zero tolerance’ for drugs. In this article, we would highlight the main provisions of the UAE drugs law and the applicable penalties for violations.

Facing a Rent Increase? Know your rights and options legally

11th October 2021 In Dubai, the rental increase is subject to the provisions of Decree number 43 of 2013, determining the rent increase for real property in the emirates of Dubai (the “Decree”).

Is it possible for foreign investors to have a big loan?

30th September 2021 The United Arab Emirates has consistently sought to develop the UAE into a pro-business region and to have the best of facilities and policies that encourage foreign direct investments. The UAE has progressed in leaps and bounds and has established itself on the global page. It no longer identifies itself as an economy that is dependent on oil and instead has developed a well-diversified economy. The establishment of the Dubai International Financial Centre Courts system (DIFC), Dubai International Arbitration Centre (DIAC) and the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADDCCAC), allowing for adjudication in English, constitute an alternate legal mechanism other than the UAE local courts.

Can a residential property landlord refuse payment for a breach of contract and evict you?

30th September 2021 Residential property leases in Dubai are subject to the Law No. (26) of 2007 on ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (“Tenancy Law”). It is critical to bear in mind that a lease agreement entered into between a landlord and tenant constitutes a binding and enforceable agreement between the parties. Thereby, if any of the parties do not honor the terms of the executed commercial lease agreement, it would be termed as a contractual breach. Pursuant to the UAE laws a contract binds the parties to perform the contractual obligations, and any failure to adhere to those obligations is considered a ‘breach of contract’.

Your guide to terminate limited and unlimited contracts

30th September 2021 Pursuant to the Federal Law No. 8 of 1980 on the regulations of labour relations and its amendments (“UAE labour law”) the employment contracts can be of two kinds ‘limited term contract’ and ‘unlimited term contracts’. As the name indicates, limited term contracts are set for specific term period, while unlimited term contracts are open ended and do not specify and end term.

What are the recent developments of Anti Money Laundering in the UAE?

30th September 2021 The UAE continuously tightens its rules and regulations concerning anti-money laundering (AML) and Counter-Terrorism Financing (CTF). It is constantly committed to its goal and vision to establish itself as the global centre for international businesses and commits to the highest standards possible in all streams. UAE aims to continuously improve the government operations in a comprehensive institutional manner and implement it to effectively counter the risks associated with money laundering & terrorism financing and that of illegal organizations developing in the region. 

Avoid labour and visa fraud when applying for a job in the UAE

30th September 2021 UAE offers lucrative job offers, and ex-pats are highly enthusiastic about building a career and life in the UAE. The UAE’s ex-pat population constitutes almost ninety per cent of its total population, and ex-pats find that UAE offers them a peaceful and tax-free environment.

What will be the punishment for fake claims in court?

30th September 2021 Submitting fake claims in the UAE can be subject to the provisions of the ‘false accusations’ under the UAE Penal Code. In this article, we will endeavour to discuss the concept of making fake claims or accusations under UAE law and it’s resultant punishments. The federal law no. 3 of 1987 and its amendments (the UAE Civil Code) defines the act of providing false reports to judicial or administrative authorities in the UAE as a punishable offence. The punishment can include imprisonment as well as fines. The significant factor checked by the UAE courts in false accusation crimes includes the aspect of ‘bad faith’. In addition, if a false accusation leads to another person being convicted, then the same penalty shall be applied to the fabricator.

Can you put a case or investigation on hold if there is insufficient evidence?

30th September 2021 The Federal law no. 35 of 1992 concerning the ‘criminal procedure law’, specifies the procedures for the prosecution of criminal cases in the UAE (‘Criminal procedure code’). The rules and procedures concerning investigation, trial procedure, evidence, judgment, appeal procedures and enforcement measures are stated in the criminal procedure code.

How do the International Court of Arbitration enforce their decision in commercial properties?

30th September 2021

What do you mean by arbitration:

Arbitration process can be understood as an alternate dispute resolution process wherein the disputing parties voluntarily choose an arbitration forum for adjudication of their disputes. When the parties choose binding arbitration for the settlement of their dispute then the decision of the arbitrator is termed as final and can be then enforced through court and may be further appealed on limited grounds.

What conditions should be met for the employer to file an absconding case?

30th September 2021

What is absconding:

The term ‘absconding’ means to leave 'hurriedly and secretly, typically to escape from custody or avoid arrest'. This term has a special meaning in terms of the Federal Law no. 8 of 1980 regarding the organization of labour relations and its amendments (the 'UAE Labour Law'). Pursuant to the UAE Labour Law, if an employee absents himself from reporting to work for a consecutive period of seven days or for an intermittent period of twenty-one days within the course of one year of his employment without a lawful reason, then it can be constituted as absconding, and the employer may take action against the said employee.

What is International Patent compliance? How can I patent my product for the international market?

30th September 2021 The World Intellectual Property Organization (WIPO) constitutes one of the specialized agencies of the United Nations, and its main purpose is to promote and protect intellectual property across the world by cooperating with countries as well as other international organizations involved. WIPO has an international ‘Patent Cooperation Treaty’ (PCT) that has been ratified by at least 153 countries worldwide, including the United Arab Emirates. A PCT application can be best understood as the procedure through which applicants can seek international protection for their patents. International patents are granted as an exclusive right granted for an invention, which provides a new method or industrial applicability.

Learn more about the overstay fines in the UAE

30th September 2021 Overstay fines can apply to two categories of people in the UAE, those who are ‘residents’ and those who are ‘visitors’ to the UAE.

What are the punishments for physical assault in public?

30th September 2021

Understanding ‘Assault’:

An assault is an ‘act of inflicting physical harm on another person’. Depending on the gravity of the offence and its underlying circumstances, legal recourse to an action in tort, criminal prosecution, as well as civil liability can be adjudged. The United Arab Emirates categorizes ‘assault’ as a violent crime wherein even the threat of an assault can be actionable under the criminal laws. The underlying factors surrounding the offence and the veracity of the damage caused to the other party are taken into consideration.

Can I appeal against an arbitration award?

30th September 2021 Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).

What’s the difference between blackmail and extortion?

15th September 2021 In this article, we will examine the primary difference between the crimes of ‘extortion’ and ‘blackmail’. Often these crimes are easily confused together. We will also discuss the definition of the said crimes under UAE law and the relevant legal provisions relating to them.

What are the general commercial liability policies in the UAE?

15th September 2021 Commercial general liability (“CGL”) policies are a norm in the UAE. A CGL policy usually provides comprehensive liability coverage by encompassing different liability coverage under the same head, such a property coverage, personal injury coverage, medical coverage etc. A CGL policy thus endeavors to cover the various liabilities arising from operations, premises, products of a business under one policy.

What is the full list of fines for money laundering in the UAE?

15th September 2021 The UAE Ministry of Economy has announced the list of penalties for violations of the laws relating to money laundering and terrorism financing. Around twenty-six categories of fines have been listed, ranging from AED 50,000 to AED 1,000,000.

What are the amendments of civil procedure in the UAE?

15th September 2021 The cabinet resolution no. 33 of 2020 (“Resolution”) has brought about many notable changes to Federal law no. 11 of 1992 and its amendments (“UAE Civil Procedure Code”). The said changes were made to amend the litigation procedures in the UAE. The said resolution has also amended provisions introduced by the Cabinet Resolution No. 57 of 2008. Similarly, the Federal Decree-Law no. 30 of 2020 has brought in many amendments to Federal Law No. 5 of 1985 concerning the Civil Code (UAE civil code). The said changes can be best understood as landmark changes that have been introduced in the UAE, allowing more expat-friendly approach. The changes effected have amended the articles 12(1), 13, 17, 27 and 1166 of the UAE civil code.

Crypto scams – what are your legal defense and guide to avoid being scammed?

15th September 2021 The concept of Cryptocurrency or digital currency has taken the world by storm. The most popular versions being the ‘Bitcoin’ and ‘Ethereum’. Even the people who do not understand the crypto fad are well-versed in ‘Bitcoin’ and its decade long bull run in valuation. The rise of ‘Bitcoin’ has been so significant that the term has become synonymous with the term ‘Crypto’.

Credit Card Fraud: How It Happens and How to Protect Yourself

15th September 2021 The pandemic has led to increased crime risk all around the world and ‘credit card frauds’ constitute one of the most prevalent methods for swindling money. The UAE Covid-19 cybercrime survey 2020 by KPMG reveals that around eighty-three per cent of the UAE companies are seeing an increase in cybercrime attacks through phishing, email spams, malware etc.

New Updates on how UAE combats cybercrime: Punishments and Penalties

15th September 2021 The UAE has been at the forefront of taking decisive and proactive measures to curb the prevalence of cyber-attacks in the region. The strategy and success in combatting cybercrimes in the region lies in the adoption of more comprehensive and streamlined laws and regulations with stricter penalties. In this article, we would like to take you through the main concepts of cybercrime with a special focus on how the UAE tackles these issues.

How to change local sponsor in Dubai?

15th September 2021 Prior to the recent amendment of the Federal Law No.2 of 2015 and its amendments (‘UAE Commercial Companies Law’), it was a mandatory requirement for expats to have a local sponsor to be appointed in the company. Such local sponsors would also be holding 51% of the total shareholding of the company. The local sponsor will also hold additional duties as well as rights , or in some instances, the parties would enter into a side agreement to ensure that the full operational control rests with the foreign expat alone.

Can a cheque bounce after it has been cleared?

15th September 2021 A returned cheque can invite both civil and criminal liabilities on an individual pursuant to the UAE laws. Therefore, it is very important, that UAE residents are well aware of the responsibilities in financial transactions including the potential risks.

What are the legal actions if a wife caught her husband’s infidelity?

6th September 2021 Infidelity is one of the grounds for divorce and in fact it remains one of the major grounds for filing for divorce.  That said, however, much depends on how infidelity can be proven before the courts.

Can I appeal against an arbitration award?

6th September 2021 Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).

Perjury in UAE: Can a defendant get away by using double negative?

6th September 2021 Perjury can be defined as an intentional act of lying, withholding the truth, administering false testimony, swearing or any act done with the intent of deception or misleading the legal system or process. An underlying criminal intent or object is mandatory to establish an act of perjury. To constitute perjury the person making a statement / submission must have knowledge of the fact that he is making a false statement and or believes what he is stating is not true.

What measures are the government taking to combat online fraud?

6th September 2021 The increasing prevalence of online fraud schemes has been a matter of concern globally, especially since the Covid-19 pandemic. The Government of the United Arab Emirates has repeatedly issued notices to create awareness of such online scams and have issued regulations that help in effectively combatting online fraud cases.

How does divorce affect children?

6th September 2021 Divorce is not an easy process to go through as a family. However, sometimes divorce becomes a necessity for the couple, as they may have reached the crossroads in their marriage and it might be better for both of them to separate. Adults going through a divorce process have to adapt to new changes which includes taking numerous decisions relating to financial and emotional aspects.

Can minors be sued for defamation?

6th September 2021 Defamation is a criminal offence pursuant to UAE laws. In addition, an aggrieved person may also institute a civil case for claiming damages on account of defamation.

How do courts value the cost of emotional distress for personal injury cases?

6th September 2021 The type of damages that can be awarded by a court of law in a personal injury claim include both compensatory damages and moral damages.

Guide for employment and personal injury claims in the UAE

6th September 2021 The Federal law no. 8 of 1980 regarding the ‘organization of labour relations’ and its amendments (the “UAE labour law”) includes in its scope a definitive provision towards occupational injuries and the rights and liabilities that accrue based on the same. In this article we would like to go through some of the major grounds that apply pursuant to the UAE labour law.

Can a criminal lawyer handle a civil lawsuit from a criminal case?

6th September 2021 Criminal Law is applied when a person commits a crime such as theft, forgery, murder, rape and any other kind of acts that are considered a ‘crime’ as per the UAE penal code of Law. When a person is charged with a crime, they are arrested by the police and tried before the Criminal courts.

What is the statement of jurisdiction for a civil suit for defamation?

17th August 2021 The jurisdiction in a case is primarily determined in reference to the place wherein the wrong happened. In the instance of defamation, the jurisdiction would be determined based on the place where the defamation was caused or where the defendant resides or carries on his business or the place where any part of the cause of action arises. 

What will happen to you if you are having a misdemeanour or a felony?

17th August 2021 A crime can be classified generally as ‘misdemeanours’ and ‘felony’ depending on the seriousness of the offence.

The circumstances in Court to grant a divorce by mutual consent and its waiting period

12th August 2021 Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.

What is the current impact of the COVID-19 pandemic on commercial and consumer contracts?

12th August 2021 The Covid-19 pandemic is still interfering heavily with international trade creating disruptions and delays on an unprecedented scale. The world has completed more than one year since the Covid-19 outbreak. However, its far-reaching effects are still far from over. Pandemic outbreaks have occurred before on numerous occasions, and they have had a crippling effect on the world economy. However, never before the world has collectively experienced such bottleneck effect on international trade and shipping. The underlying causes are numerous and include factory closures, supply shortage, transit and payment delays, to name a few. Many businesses have been pushed to the brink of bankruptcy in increasing numbers worldwide.

What if you are considered as Absconding in the Country?

10th August 2021 UAE corporate market is employee-oriented hence, the employment laws of the country are strong preserving the interest of employers and employees at the same time. In the interest of the employers, the employment law of UAE empowers the employers to register an absconding case against the employees working under them, in case the employee is absent from the work for a period of 7 continuous days. In general cases, absconding cases are registered if the employee fails to attend the office or leaves the country without informing the employer. Although, there can be multiple reasons for an employee to not attend the work that is failing to comply with his/her financial obligations, was charged with a criminal offense, however, it is an obligation of the employee to attend office and failure of which authorizes the employer to register an absconding case.

What Contractual Damages Are Awarded Under UAE Law?

10th August 2021 In a simple language, “damages” are referred to as compensation paid to the claimant for a breach, loss or injury caused by another. Damages are generally confused with the term “damage”, however, they are both are significantly different from each other. Where damages refer to compensation claimed by one party from another and damage is the loss and injury for which one can claim compensation. Damages are often granted in the event there is a breach of a contract or in cases of tort. Civil Lawyers of Dubai has carefully scrutinized the different types of damages claimed or sought and their nature is usually dependent upon the objective behind claiming such damages. Therefore, the present article will let you have a sneak peak on the types of contractual damages one can claim in a case registered before UAE Civil courts.

Civil Claim Procedures for Expatriates in UAE

10th August 2021 Civil courts structure in UAE is pyramidal, wherein, the Federal Supreme Court is the highest court at a federal level and the Court of Cassation is the highest court at an Emirate Level. Next in the hierarchy of courts are the Courts of Appeal in the relevant Emirate followed by Court of First Instance in each Emirate. If you are a resident of Dubai or any other Emirate in the country, it is pertinent for you to understand the hierarchy of courts as well as the procedure of filing civil claims before such courts as advised by Civil Lawyers of Dubai.

UAE Recent Amendment in Commercial Agency Law

10th August 2021 A noteworthy amendment in the Commercial Agency Law (Federal Law 18 of 1981) in UAE is currently the talk of the town. The recent amendment was issued by virtue of Federal law 11 of 2020, which is approximately after 10 years of the last amendment in the Agency Law. The Commercial Lawyers of Dubai will discuss the important clauses introduced in the Amendment law for a better understanding of the law.

All You Need To Know About Professional Negligence Law in UAE

10th August 2021 Errors can occur in any circumstance, however when you have depended on an attorney or any other professional with a legitimate issue, mistakes can cause severe losses. On the off chance that a specialist’s activity, or inaction, has caused you money related loss or diminished an anticipated monetary benefit, you can carry a case against them to seek compensation. Such cases are referred to as professional negligence cases. Proficient carelessness is not the same as poor service provided by the professional. Instances of poor services can be slow service or absence of straightforward communication, yet not as severe as professional negligence which leads to monetary or physical loss. Professional carelessness is the noteworthy disappointment of your specialist to fulfill the very guidelines of skill for which you appointed him. On the off chance that this disappointment brings about you acquiring losses, you are lawfully qualified for remuneration. The Civil Lawyers of Dubai are hereby desire to express their views on the cases of professional negligence and under what circumstances you may raise a case against the said professional.

Legislation Coverage

Federal Law number 5 of 1985 (Commercial Transactions Law) under Article 383 confirms that an obligor (whilst performing his obligation) shall exercise all due care as the reasonable prudent man would exercise, unless there is an agreement to the contrary. Additionally, such obligor shall be held liable for any loss or gross negligence on his part while conducting his duties.In furtherance, according to Article 124, the individual commitments may emerge from either contract, one-sided agreement, acts causing hurt (torts) and acts giving an advantage, and the law. Wherein, Article 196 of the Civil Code expresses that ‘any condition indicating to give exclusion from liability to a destructive demonstration will be considered null and void’. It is viewed as that this article covers the two cases for breach of agreement and any tortious case. In spite of that, Article 390 shows that authoritative obligation can be restricted; in any case, it isn’t admissible under the law to diminish risk emerging from tortious cases. According to Article 292 of the Civil Code, ‘In all cases, the remuneration will be surveyed based on the measure of loss endured by the person in question, along with loss of benefit, given this is a characteristic after-effect of the harmful act of negligence or breach. In the event that the damage was brought about by various people, at that point they will liable to the amount of their contribution in such harmful act, in accordance with Article 291 of the Civil Code.The individuals who have experienced misfortune emerging another person’s carelessness can reach out to the court for compensation as per Article 389 of the Civil Code. That article expresses that ‘if the measure of remuneration isn’t fixed by law or by the agreement signed between the parties, the appointed authority will evaluate it in a sum comparable to the harm.” Even though the law specifically allows a harmed individual to reach out to the court, it is still advised by Top Lawyers of Dubai to seek legal assistance of your legal consultant depending upon type of damaged suffered and to seek the right amount of compensation from the UAE courts.

Pandemic Effect on Maritime Industry in UAE

10th August 2021 Certainly, we all didn’t imagine the most awaited 2020 to be such harsh year for health, economy and lifestyle for everyone. We are restricted to even perform basic activities like breathing (without a mask) and some other major industries were shut temporarily. We have discussed the impact of coronavirus on many sectors drifting economy away from normal to devastating. Another important industry who has faced the wrath of coronavirus is Maritime and shipping, wherein, the Maritime lawyers of Dubai believe that the major impact on this industry is due to the restrictions imposed on shipping cargos by most governments around the world. Accordingly, the industry is currently facing multiples issues and struggling to survive in the wave of global pandemic. The article by top Lawyers of Dubai will discuss these challenges briefly to provide an insight to our readers.

Learn About Whistleblower Protection in the UAE

10th August 2021 As UAE is increasingly characterized as an economical hub, economic security is regarded as one of the most important issues in an ever-growing economic hub of the middle east. An aspect is appreciated increasingly about the whistleblowing where the employees play a critical role with respect to the wrongdoings in the company. It even helps in raising the confidence in the market along with the effort to popularize the concept of good corporate governance.

The New Concept of Family Ownership in Dubai

7th July 2021 In the wake of progression by implementing new legislations, the Emirate of Dubai has promulgated a new law by virtue of Law number 9 of 2020 for regulating the Family Ownership (hereinafter referred to as the Law). The concept of Family Ownership is seemingly up to the minute and was issued to regulate and govern the affairs concerning family property owned in the country. The objective behind issuance of this Law is to maintain progression over such property and encourage or facilitate transition of generations. The property lawyers of Dubai are pleased to discuss the pertinent aspects of the Law for the readers to understand the ideology behind issuance of this Law.

What does the Law govern?

Under the provisions of the Law, the family member having interest in one property are allowed to enter into a legally binding agreement (commonly referred to as the “Family Property Contract”) which enables the family members to have joint ownership and administration rights over the jointly-owned property thereby benefitting the members of the family as well as the upcoming successors. Having said that, the law allows the members of the family up to fourth generation possessing common interest in family property to have equal rights in the property or rights as per the family property contract. The contract allows the members to discuss rights pertaining to movable and immovable property, except for the shares in public joint stock companies.The Law empowers members of the family to tweak the details or provisions of the contract or appoint the Best Lawyers of Dubai to draft the contract as per the needs and requirements of the family to accommodate the provisions of having common interest in the property. In addition, the members can entail specific provisions concerning rights in income, capital, management and administration of the property. The law further confirms that the administration of the family property shall be the responsibility of one or two managers appointed under the said contract. Additionally, the contract shall include provisions for the management rights, appointment and termination of the managers. Another significant provision of the Law allows any one of the family member having interest in the family property to sell or transfer his shares to other member or pass it on through inheritance or to transfer under the specific conditions or circumstances of bankruptcy or transfer to third parties.The Law has entailed a provision for establishing a special judicial committee comprising of legal experts possessing expertise in family, management and property matters for resolving disputes between the parties of the family property contract.It is undeniable that the issuance of the Law is certainly to preserve family wealth and most importantly to offer a legal option especially for those struggling with internal family matters concerning property rights. In addition, the Law will assist in regulating intricate family business structures incorporated in the Emirate of Dubai. Lastly, it is pertinent that the success of the Law is directly proportional to the implementation rules or decisions issued by the government of Dubai to ease the process of its regulation.

Learn more about the Dubai New Law Allowing Heirs to Sell Their Inherited Properties

7th July 2021 The principles of Shariah law in UAE govern the inheritance affairs of all the Muslims especially UAE nationals. Whereas, foreign expatiates whether Muslims or non-Muslims can apply the provisions of their home country law for property inheritance or other family matters. In any case, there are numerous vulnerabilities with respect to property inheritance issues. In contrast to different jurisdictions, the UAE doesn't consider or practice the 'right of survivorship' (providing the property to the surviving joint owner as what happens in Common wealth countries).

What you should know about credit card default management in the UAE?

7th July 2021 Credit cards defaults should not be taken lightly, and credit cardholders should be well versed with the aftereffects of such defaults. It is important to understand that defaulted payments for a credit card are retained on record for many years, and this is even if you have repaid the entire defaulted amount. Defaulted credit card payments can have many long terms effects, which will be discussed in this article. It is crucial that one develops their financial knowledge about their credit card scores and constantly endeavor to maintain a good credit card report.

This Might Be Best Way to Learn About the New Citizenship Law of UAE

7th July 2021 A new citizenship law has been introduced in the United Arab Emirates by amending the UAE federal law no. 17 of 1992, also known as the Citizenship Law. The amendments in the new law has been regarded as an affirmative development which is responsible for the reinforcement of the status of the country as an international as well as a regional hub. There has been an offer made to a selected group of foreigners with respect to the citizenship. An attempt has been made by this middle east government which provides an expatriate with the bigger role in the economy by formalizing it.

Stay One Step Ahead! Conduct Due Diligence Before Buying Property in UAE

7th July 2021 Due diligence is commonly characterized as intensive exploration before signing an agreement, particularly one including the sale and purchase of land or any property. Due diligence implies playing it safe, auditing and examining documents, performing estimations, insurance protection, performing reviews, strolling the property, and basically getting your work done for the property BEFORE you really sign the sale and purchase agreement. Property lawyers of Dubai commonly term due diligence as a primary step taken by any individual willing to own a property in Dubai or any other Emirate in UAE.

How Arbitration Institutions awards legal cost in UAE?

7th July 2021 Managing an arbitration means managing a client’s expectations, including the client’s costs in pursuing its case in arbitration. Parties in arbitration may incur different types of costs; wherein the three main costs involved are the Tribunal Fees; Administration Fees; Legal fees for experts and for legal representations. Legal cost is the main expense incurred by the party and the fees of its legal representatives in arbitration.

Key points to remember about Health Insurance in the UAE

7th July 2021 The UAE is renowned for its best quality healthcare facilities, which has led to a rise in medical tourism over the past decade. Healthcare is so prevalent, there are an estimated 181 doctors per 100,000 residents. Health insurance is one of the most serious issues in any society as it often leads to high-quality healthcare treatment available for many people. The UAE has some of the finest healthcare infrastructure in the world and is a major attraction for expats looking to move there. Health insurance plays a massive role in providing a high level of healthcare in the UAE and is necessary for expats living in Dubai. There are different ways to treat the issue and some countries provide free healthcare while others focus on healthcare insurance system. In the UAE, compulsory health insurance has been introduced few years back.

Extradition law for Indian Nationals in the UAE

7th July 2021 The United Arab Emirates is a signatory of the Riyadh Arab Convention on Judicial cooperation for Oman, Qatar, Saudi Arabia, Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia and Morocco. In addition, the UAE has entered into bilateral treaties for judicial cooperation with United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan etc.

Are you Aware about Provisions of Paternity Leave and Equal Pay under UAE Labour Law?

7th July 2021 Major steps have been taken the UAE government towards gender equality by introducing following amendments outlined by Labor Lawyers of Dubai in this article. Federal Decree Law No. 6 of 2020 introduces a new Article 74 to the Labor Law to provide for five days paid working days of parental leave and amendment to Article 32 of the UAE Labour Law, which contains equal-pay provisions for female employees.

How are physical assaults punished in the UAE?

3rd June 2021 An assault is categorized as a ‘violent crime’ in the United Arab Emirates. A crime involving a physical attack or even a threat of attack can be potentially classified as an assault. Depending on the graveness of the act and considering the aggravating factors that might exist, assault can be further categorized as stated below.

Partnership agreement for small business in the UAE

25th May 2021 In this article we will like to highlight the important aspects on why it is critical that small businesses analyze ‘partnership agreements’ and its legal implications.

RAPE LAWS IN THE UNITED ARAB EMIRATES

25th May 2021 In the United Arab Emirates, there exists a different kind of punishments for crimes including capital punishments for the most heinous of crimes such as rape. Sexual assaults are heavily punished in Dubai and can often include death sentence, especially in instances of sexual assault of minors.

Know more about ‘Legal Guardian’ and ‘Custodian’ rights in the UAE

25th May 2021 The concept of Legal guardianship is determined as per the UAE Federal Law Number 28 of 2005 on personal status and its amendments, commonly referred to as the ‘Personal Status Law’. The UAE personal status law follows the Shariah law as can be seen from its concept of “Legal guardian”. This constitutes an interesting facet of UAE custody laws wherein the concept of “legal guardian” and “Custodian” exists.

Why Should you Reconsider Filing a Travel Ban on your Child?

7th May 2021 In the beginning of 2021, significant and amazing changes have been announced in Decision No. 33 of 2021 issued and applied in the Emirate of Dubai only. One of the most significant changes in this decree is organizing the freedom of travel with the child and the travel ban decision, which can be issued against the child by one the parents.

Know the difference between an ‘Annulment’ and ‘Divorce’ in the UAE

7th May 2021 There is a legal difference between the terms ‘Annulment’ and ‘Divorce’. Both terms relate to marriage contracts and have a very distinct meaning and the resultant procedures to each.

Divorce in UAE for Indian Expats

7th May 2021 The UAE today has a total population of 3.5 million Indian Expats, which comprises 27 % of the total population of the UAE. Through this article, we would like to guide you on the latest changes brought in the UAE personal laws and how the same affects Indian Expats.

8 Things to Remember about Bounce Cheque in UAE

7th May 2021 Bouncing of Cheques is witnessed as the incessant complication confronted by the people of UAE. The criminal act is defined under the provisions of criminal law and it can result into penalties and punishments which can prove to be really stringent and intimidating as confirmed by Criminal Lawyers of Dubai. Entities and foreign exchanges, loan from banks, lease deeds, sales and purchases or transactions by the individuals are not the only areas where one could face such type of issue.

What You Should Know About Debt Consolidation Loan in UAE?

23rd April 2021

Financial liability in terms of multiple loans or credit cards is to be best handled by availing the option of a ‘Debt consolidation loan in UAE’. There are several banks in the UAE providing the services of a ‘debt consolidation loan’. As per the latest surveys, it is seen that at least three in five UAE residents have outstanding debts of various nature and therefore can benefit from the Debt consolidation services.

Punishments On Criminal Offenses in the UAE

23rd April 2021

Dealing with a criminal case is certainly not an easy thing to do and would indeed require a criminal lawyer or legal professional on your side. The current article By Criminal Lawyers of Dubai will provide an elaborate explanation to the criminal offenses and their processes in the UAE.

This Might be the Best Way to Learn the New Law of Divorce and Inheritance in UAE!

19th April 2021

With the swift changes in the personal laws of the UAE, the most momentous among them were the laws relating to Divorce and Inheritance. The personal Islamic laws of the UAE were rebuilt by the UAE government through an

With the swift changes in the personal laws of the UAE, the most momentous among them were the laws relating to Divorce and Inheritance. The personal Islamic laws of the UAE were rebuilt by the UAE government through an announcement made by them on 7^th November, 2020. One line to characterize such changes is that, the Islamic law of the Sharia will no more be used for dealing with the cases belonging to family law for the non-citizens. The following article by Family Lawyers of Dubai highlights the recent changes in family laws within the country.

Amendment made in Divorce Law’s Jurisdiction

The Amendments introduced are the ones changing the law of 1987, which provides that the local laws which were the first attempt to provide the legal framework to the personal laws will not be used for dealing with the ones who are not even the nationals of the country. Unlike the past status, now any couple can get divorce in UAE, not based on the Islamic law, rather based on the law of that country in which they were married.

Law of the Past

Earlier, the family law of UAE provided that Sharia will be applied on the muslim couples with respect to their child custody issues or asset division or for maintenance even.

Till the amendment came into force, the law allowed the expatriates to choose among the option of either applying Sharia to their divorce proceedings or to request the court to follow the law of their home country instead. In addition to this, in cases where both the partners belonged to a different country, then in that case, the law of the Husband’s country would have applied. But when the law of their home countries fizzle to bring justice to them or didn’t cover an aspect of divorce, in such cases, the courts brought the case back under the purview of the Sharia Law.

Consequences

Now the couples will not have to feel dreadful from the prolonged and ponderous procedure of divorce. In the cases where there is an absence of agreement between the parties, the court can order them to undergo mediation for the same. Moreover, concepts like joint assets and accounts pose to be propitious for not just one but both the partners. The financial aftermath of both the parties can have a startling effect due to the switch in the applicability of the jurisdiction. Another upper hand which the new law enjoys is that it omits any further chance of filing yet another petition on the matter over whose law would apply. Though the division of assets will also be covered under the ambit of new jurisdiction, the custody of the child is nowhere mentioned in the scope of this new aspect.

Inheritance Law

In cases characterized as petulant, the descendants of the deceased had to face the division of the assets according to the Islamic Law. Most of them were not even acquainted with the same and had to face an unusual division between men and women.

In cases where the family was a non-resident and a non-Muslim, only in those cases one could petition the court for applying the law of their birth nation. But the Muslim Non Residents didn’t have such choice. They were covered under the Sharia only. Also, the Non-Muslim expatriates who did not request for any such change of jurisdiction had to undergo the Sharia Law of Inheritance only.

The amendment have now brought the change again in the jurisdiction of applying the law. This means that unlike the past, where the religion was the major basis, now the citizenship will be the characteristic around which, the whole inheritance will revolve. According to the new law, the inheritance will be practiced according to the citizenship of the deceased at the time of his death. In case a will is present, it will obviously be followed. But in cases where there is no will, the law of the country of the citizenship will be the sole factor to practice the law of Inheritance. An exceptional case states that where the deceased had bought a property in the UAE and has not bequeathed it under a will, then in that case, the law of Sharia will apply on the property.

There are two types of heir in the Sharia Law, i.e. the eligible and an ineligible heir. The eligible heir is not inclusive of adopted as well as illegitimate children. In addition to this a divorced wife is not entitled to her ex-husband’s property if they have been divorced for more than three months. Inheritance in Islam is famously regarded as a complicated process where a large share of property is always bagged by the mail heirs, posing a disadvantage for the female heirs. For example, a daughter is just entitled to half of what a son gets.

Conclusion

The procedure of Divorce for the expatriates have substantially changed and purports to be a worthwhile amendment. The intend behind the same was to promote the living standards of its people. The amendment is also looked forward to as a way out from the disputed cases of the non residents, which will be governed without further jurisdictional petitions. This will not only save the parties to the dispute from getting assaulted economically but also from the breakdown one faces emotionally.

Your Attested Marriage Certificate Might Not Be Valid In UAE Courts

19th April 2021 The foregoing statement can be witnessed in different judgments issued by the courts of UAE in divorce cases of foreign residents filed before the courts of UAE, wherein one of such judgments will be discussed in this article by Family Lawyers of Dubai.

Covid-19 Impact On Rental Contracts In UA

19th April 2021 The administration of UAE is undertaking brisk activities to make consoling commotions for helping may organizations registered within UAE. Several free-zone authorities are issuing significant relief packages for companies registered within, such as relaxation in rental amount or postponement of rent for half a year.

Contemporary Enquiry on Cryptocurrency Landscape in the UAE

19th April 2021 Cryptocurrency, Blockchain and Smart Contract for a Layman & A Contemporary Enquiry on Cryptocurrency Landscape in the UAE.

Covid-19 Update On Credit Cards Payment In UAE

19th April 2021 As the world keeps on responding and adjusting to the well-being, social status, monetary difficulties welcomed on by the quick spread of corona virus illness 2019 (COVID-19), organizations are confronting difficulties and dangers, while attempting to ensure the wellbeing and prosperity of their workforce.

The Law Protecting Consumers in UAE

22nd October 2020 The availability of the web is expanding quickly these days, permitting the decision of a huge number of online international consumer agreements. Most national enactments took care of customer assurance and web contracts locally, as various countries have their own laws and guidelines in such manner. Be that as it may, there is no security accommodated online shoppers all around the world.

Covid-19 Update on Credit Cards Payment in UAE

10th June 2020 Commercial Lawyers of Dubai have witnessed various opportunities offered by banks for relaxation in the credit cards and loans during Covid-19 Pandemic.

2020 Ramadan Etiquettes in Amidst Covid-19

4th June 2020 The month of Ramadan is considered as the most holy month as per the Hijri Calendar as Muslims around the world are obliged to undergo fasting according to the timetable.

Impact On Working Hours During Ramadan Due To Covid-19

24th May 2020 Although the timings in Ramadan period has been reduced and the government has removed some restrictions over travel, it is yet not safe to travel freely and it is always recommended to move out of the house only when it is necessary to prevent any further spread of the virus.

Covid-19 Impact On Rental Contracts In UAE

28th April 2020 In this pandemic situation, preserving good health of residents is indeed, yet not only the primary concern of the government of UAE as they are still issuing circulars with an intention to ease the situation of most of residents or foreign expatriates in UAE by allowing some relaxation in rental contracts.

Measures of UAE Ministry Of Labor To Curb Spread Of Coronavirus

28th April 2020 MOHRE has issued this Resolution in line with the UAE Labor Law and to safeguard the interest of employers and employees during this pandemic.

What If Someone Files A Fake Cheque Case Against You?

27th April 2020 Dishonored cheques are considered as a crime in UAE under Federal Law number 3 of 1987 on UAE Penal Code.Have you been in a situation where you issued a cheque, however, later paid the cheque amount in cash to the beneficiary but, the beneficiary failed to return the cheque or refuses to return the cheque. Shockingly, he deposits the cheque in the bank, receive a dishonored statement and files a case against you. Criminal Lawyers of Dubai consider it as a fake case registered against you.

Can Impact of Coronavirus be a Force Majeure Event?

27th April 2020 The aftermath of coronavirus outbreak is devastating and its impact on businesses and global economy is now easily discerned as catastrophic.

Did You Issue the Cheque in Bad Faith?

27th April 2020 The chances of a cheque not being cleared by the bank due to either insufficient funds or false signature are critically high. Most countries consider cheque bounce as a criminal act.

How Long Will Personal Injury Claims Take In UAE?

23rd April 2020 However, the law lacked in providing an explicit guideline or procedure to initiate such claims before the relevant authorities in UAE.

How Long Will Personal Injury Claims Take In UAE?

31st March 2020 Where there is a right, there is a remedy but when can you receive this remedy as the tough question here.

Don’t Miss Out New Electronic Insurance Policies In UAE!

23rd March 2020 A few manage to attract you and subsequently, millions of mobile applications are available to offer insurance policies, compare insurance prices and provide you with tailor-made insurance products.

Legal Consultants in Dubai: Petitions on Behalf of their Client

23rd March 2020 The civil procedures law gives the lawyer the right in any litigation in Dubai or in any other emirate in the UAE to file at least two objections against any of the court judgments. The first objection should be to the appeal court and the second one could be to the Supreme Court.

Divorce Lawyer in Dubai: When to appoint one?

23rd March 2020 Another common question we received regularly. Actually, the best time to appoint a family lawyer in Dubai is not after you file your case, or not even before you file your family case but it’s actually much better to do it before you marry.

5 Things To Remember Before Signing MOU in UAE

23rd March 2020 Buying property, investing in a company or concluding a partnership a memorandum of understanding (MOU) is a document that is usually taken for granted and a lot of information entailed in those pages are generally disregarded. Yet, being the most important document signed between the parties prior to any concrete contractual document. :

Can Your Ex-Husband Claim Custody If You Are Remarried?

16th March 2020 Divorce is indeed a very delicate matter, and if children are involved, it should be dealt with the utmost care and conscious. Family Lawyers of Dubai herein wishes to address this reoccurring issue of custody of the child or children, should the mother re-marries following UAE Shariah Law.

Are You Aware Of New Electronic Arrests In UAE?

16th March 2020

UAE legislators have recently issued Federal Law Number 53 of 2019 regarding Electronic monitoring of prisoners in the country (the Law).

Think Before Spreading Rumours About Corona Virus In UAE

10th March 2020 Originated in a small city Wuhan of China, Coronavirus has now caused serious perturbation globally.

What All You Should Know About Bankruptcy Law Of UAE?

10th March 2020 According to Article 68 of the Law, an debtor will request if he has defaulted in making payments from more than 60 days from date of outstanding debt due to severe financial conditions.

Will Company Be Liable Is Manager Issue Personal Cheque to Debtors?

27th February 2020 A manager of a company is considered as its face bearing an extensive range of responsibilities despite the commitments and obligations mentioned in the Companies Law of UAE. Yet, the law does not highlight personal obligations of loyalty and constancy.

When do I have to appoint property lawyer in Dubai?

25th February 2020 The potential risk involved with giving you approval on legal assessment which gives you as an investor chance to decide to go with this deal or to go to another one.

No Restriction to Have Local Shareholder

25th February 2020 The list of business activities is mainly for companies dealing in the business of manufacturing products, offering services or in the agricultural sector. Upon the promulgation of this list by UAE Cabinet, every Department of Economic Development (DED) in the relevant Emirate have been empowered with explicit discretion to ascertain the percentage of foreign ownership in particular business activity.

When do I have to appoint property lawyer in Dubai?

20th February 2020 The potential risk involved with giving you approval on legal assessment which gives you as an investor chance to decide to go with this deal or to go to another one.

Learn About The New Insolvency Law of UAE

20th February 2020 The Cabinet of UAE has lately sanctioned a federal law to explicitly govern the cases of bankrupt individuals within the country. The law has been issued to safeguard the business interest of UAE residents, enhancing conditions of insolvent individuals and to ensure healthy competition among businesses.

Can I Sue My Employer For Wrongful Termination?

18th February 2020 On the off chance that you have recently been terminated from your employment with or without reasons and you might ponder whether your employer was within his rights to terminate you.

No refund of lawyer’s fees upon commencement of work

18th February 2020 If there were no bad people, there would be no good lawyers, and a good lawyer always comes with certain fees.

Let’s Have A Look At New Amendments In UAE Family Law!

18th February 2020 UAE government has issued some significant amendments in UAE Family law, especially towards divorce and custody cases by virtue of Federal Law Number 8 of 2019 amending Federal Law number 28 of 2005 concerning the Personal Status Law in UAE (the new Law).

Are You Struggling With Trademark Infringement?

18th February 2020 Trademark infringement is the unapproved utilization of a trademark or administration mark (or a significantly comparative imprint) on related merchandise and ventures.

No Refund of Lawyer’s Fees Upon Commencement Of Work

18th February 2020 No wonder, the concerned subject has been discussed by Lawyers in Dubai on numerous occasions.

Can A Child Be Held Criminally Liable?

17th February 2020 Compos Mentis is one amongst the other significant elements in establishing criminal accountability.

5 Ways To Prevent Extradition Requests

11th February 2020 Extradition requests are made in accordance with international conventions, bilateral treaties or special agreements entered by two countries to extradite the alleged criminal.

Criminal Lawyers Update on Anti-Money Laundering Laws

31st January 2020 UAE government promulgated Federal Decree-Law number 20 of 2018 concerning Anti-Money Laundering and Combatting of Financing Terrorism, hereinafter mentioned as Anti-Money Laundering Law.

What All You Should Know About Bankruptcy Law Of UAE?

17th January 2020 What All You Should Know About Bankruptcy Law Of UAE?

What If It Was Your Fault In A Personal Injury Claim?

17th January 2020 Legal jurisprudence around the world confirms the fact that compensation is payable in the act of negligence and breach of duty of care.

Are You A Victim Of Domestic Violence?

17th January 2020 UAE law considers domestic violence a serious felony and the damage incurred by the other person can have serious consequences on their daily life or routine.

Legal Consultants View on Spreading Fake News

7th January 2020 UAE has continually been an area of safety and protection, regardless of any misleading information. The government never fails to implement laws and regulations safeguarding the interest of society at large.

General Guidelines to be Considered if the Court Ask Parties in Family Case to Bring Witness

23rd December 2019 A fundamental requirement of being a witness is to be impartial as a person with the conflict of interest with either of the parties is not recommended to appear as a witness.

What is the Legal Position Of A Pre-Nuptial Agreement In UAE?

23rd December 2019 Family Lawyers of Dubai receives numerous inquiries concerning the validity of any nuptial agreement signed by the spouses under the Personal Status Law (Federal Law 28 of 2005). Consequently, this article will annotate various aspects of pre/post-nuptial agreement.

How To Protect Yourself As A Consumer?

17th December 2019 Consumer protection has recently gained much consideration in one of the principal territories. The protection granted to shield buyers against corrupt practices of sellers in all phases of distribution of products.

Defamation on Social Media Platform

17th December 2019 Criminal Lawyers of Abu Dhabi have scrutinized the definition of Defamation as an illegal act committed by spreading false information about an individual which may tarnish his reputation before friends and family and if against any business it may cause serious financial loss as well.

Can You Use Whatsapp Messages As Evidence In UAE Courts?

17th December 2019 The law governing the electronic evidence is Electronic Transactions and Commerce Law Number 2 of 2002 herein mentioned as the Electronic Transactions Law.

6 NOTABLE POINTS TO CONSIDER BEFORE SIGNING A CONTRACT

26th November 2019 Whether it is for employment, buying/selling or leasing a property, construction of a building or applying for financial assistance from a bank, having a legal contract in such situations are inevitable.

WHEN SHOULD YOU HIRE A PERSONAL INJURY LAWYER?

26th November 2019 Someone’s negligence is someone’s loss, but that loss often leads to the right of seeking compensation. On off chance, if you have ever been injured due to someone’s negligent act which can be through a road accident, medical negligence or workplace injury, you have the opportunity to file a case for personal injury to seek adequate amount of compensation.

UPDATE ON OWNERSHIP OF COMMON PROPERTY LAW IN DUBAI

26th November 2019 As apparent from Dubai infrastructure, innumerable properties are developed to accommodate multiple proprietors within the same building owing personally occupied unit and a common area owned jointly.

Tips on new Foreign Direct Investment LAW

26th November 2019 The year 2018 was indeed a Year of Zayed along with that it was the year of perpetual growth in UAE significant laws such as Bankruptcy Law, VAT Law and the New Foreign Direct Investment Law.

NEVER IGNORE INTENTION OF PARTIES

26th November 2019 Every individual is the master of the contract he signs, and it is of the highest importance that every contract he signs should be construed in accordance with the intention of commercial parties. It is presumed that this statement of Chief Justice Erie does not expressly states or confirms with the law. Nevertheless, the freedom to contract in the recent era has been the fetish of our law.

WHY ARE ARBITRATORS NOT CRIMINALLY LIABLE?

25th November 2019 Out of danger, are they really? The article by Criminal Lawyers in Dubai will discuss the “not so much” liability of arbitrators in UAE in accordance with the recent amendment in the laws pertaining to arbitration.

LEGAL CONSULTANTS OF DUBAI RECOMMENDATION ON DO’S AND DON’T’S OF TWEETING

25th November 2019 Moral etiquettes, if crossed leads to trouble regardless of the platform. Then don’t be startled when people face trial due to what they wrote on social media especially in UAE where moral turpitude is frowned upon. With almost 70% of UAE population being socially active online, regulations restricting online nuisance is a necessity.

EXPATRIATES WILL FACE DEPORTATION IN DRUGS CASES

25th November 2019 UAE nightlife may seem attractive on the outside yet dangerous on the inside. Similar to the whole world, UAE is also agonizing which the social peril called consumption of illegal drugs.

DO YOU WANT TO FILE A CASE FOR THEFT?

25th November 2019 Theft involves obtaining someone else’s property with the intention of depriving the other person permanently from such movable property without their consent. Stealing money, accepting stolen goods or property or obtaining goods by masquerade.

5 SIMPLE LEGAL STEPS FOR DEBT COLLECTION IN UAE

25th November 2019 The concept of debts can be traced from the time of the barter system, where people use to exchange goods and services. What if either party fails to deliver the promised goods in exchange of goods and thus, the need for claiming the debt arose.

Do Fidic Rule Apply In Construction Contracts In Uae?

14th October 2019

Since a very long time, FIDIC (The International Federation of Consulting Engineers) is commonly used a standard for international construction and engineering contracts and is very frequently used in UAE. It mainly governs the construction works within the country and in GCC. 

Uae And South Africa Extradition Treaty

27th September 2019

You can run, but you cannot hide, on this note the government of United Arab Emirates and South African government signed an extradition treaty and mutual legal collaboration in criminal matters in late 2018. The treaty will enable the countries to help each other in criminal investigation and prosecution of crimes through mutual collaboration and extradition of accused hiding in either of the country post committing a crime or who is wanted in requesting country.

How can you obtain long-term residence visa in UAE?

27th September 2019 Legal Consultants in Dubai have shed some light on the recent update or regulation passed by the UAE Cabinet which will be implemented on 03 February 2019 allowing residents to obtain long term visa. 

What are your legal rights under sexual harassment?

27th September 2019 In spite of being illicit for the greater part of a century, inappropriate behaviour or sexual harassment remains today the unavoidable type of violence against women, regularly incorporating different categories of brutality in its ambit.

How to terminate construction contracts?

26th September 2019 Amid the construction contract, things may turn out badly. Contractual relationship may come to an end; the trust may vanish and, in the troublesome financial atmosphere, organizations or people can be declared bankrupt. Thus, the clause allowing either or both the parties to rescind a construction contract should be considered prior to signing the agreement. 

What all to consider before signing sale purchase agreement in Dubai

4th September 2019

With a persistent variation in the property prices, the buyers are climbing the bandwagon to earn profits on investment. The developers are equally or slightly more beneficial from such a trend. 

Extradition treaty between UAE and India

29th August 2019

It is a formal demand sent by one nation to another through diplomatic routes, for the latter to surrender the person who has committed the offence in the requesting country to their authorities. 

Criminal Liability for medical negligence

29th August 2019

The pith of criminal law depends on two elements Actus Reus and Mens Rea derived from the legal maxim "actus non facit reum nisi mens sit rea" which means no act is punishable without a guilty mind. 

What are legal responsibilities of bail guarantor in UAE?

29th August 2019

Ordinarily, the arrestees are kept in detainment for a certain period or until the public prosecutor finishes the investigation. However, in other cases, the arrestee can be released on bail, which is a temporary release offered to the arrestee awaiting the trial along with certain guarantee either passport and a certain amount of money. 

How do legal consultants in Dubai see cryptocurrency?

29th August 2019

Financial consultants, bankers and investors usually fail to understand the true concept behind investment in cryptocurrency, and yet we cannot blame them for unsolicited information available through varied platforms. Thus, Corporate Lawyers of Dubai will walk you through the whole path of cryptocurrency from its emergence until now.

3 Points To Remember If Your Spouse Abducts Your Child To Uae

8th August 2019

3 POINTS TO REMEMBER IF YOUR SPOUSE ABDUCTS YOUR CHILD TO UAE

Family Lawyers of Dubai have seen a tremendous increase in cases of Parent-Child Abduction from one country to another in an estranged marriage. Through this article, I will highlight three important points to be considered by either spouse, if the other half has abducted the child from another country to the UAEwithout proper authorization and consent. Children are always caught up in these despicable events. Nevertheless, such situations can be prevented by taking calculative legal steps within the UAE.

Can you terminate your commercial agent?

8th August 2019

The expansion of multinational companies is always either through incorporating a subsidiary or associating with a local distributor or a commercial agent in any jurisdiction. UAE is a standout amid the most preferable alternative where international companies can either sign an agreement for distribution or enters into an arrangement with the commercial agent for subsequent augmentation. 

Guide on commercial dispute resolution

8th August 2019 UAE has seen a considerable increase in the business opportunities and foreign investors in last decade. Accordingly, the lawmakers have amended the laws in order to have an effective dispute resolution mechanism. Such strong and stable institutions can accommodate both foreign and domestic investors in accordance with their requirements.

Points to remember when enforcing foreign judgement

8th August 2019 UAE legislative framework empowers courts to enforce judgments issued by foreign courts under specific conditions. 

What are the rights and obligation of owners association?

8th August 2019 The complexity and challenges faced by the mixed-use community (joint owners) have witnessed tremendous growth as compared to single-use projects. The answer for how to create a successful and well-maintained mixed-use community lies in how the sharing is handled.

What are the criminal liabilities in medical negligence?

8th August 2019

George Bernard Shaw has righteously quoted we have not lost faith, we have just transferred it in the medical profession. Thus, an exceptional venerable position has been given to doctors, but, it is natural that greater the reverence comes with great responsibility. Over time, we have witnessed a pace of globalisation and commercialisation in all spheres of life including the medical profession. New technologies and medicine have assisted us in improving the healthy lifestyle.

How to resolve B2B Disputes?

1st July 2019 The Department of Economic Development (DED) of Dubai has recently instituted Business Protection Department (BPD) solely for reconciling commercial disputes between businesses and will act as a local commercial dispute-resolution authority.

Can A Travel Ban Be Imposed On Personal Guarantors?

1st July 2019

Think about this situation - You are a majority shareholder of an organization which is confronting financial issues. The company applied for a bank loan. 

How can you avoid debt in UAE?

1st July 2019

The vast majority of residents in the UAE float through their day to day lives without really thinking about their spending standards to control our ways of managing their budget.

What is Finance Lease?

21st June 2019

UAE Federal National Council recently issued a Federal Law number 8 of 2018 governing financial leasing (the Law) within the country. The Law prohibits any company from undertaking activities of financial leasing without a relevant license from the Central Bank of UAE. 

UAE Law: Choice of governing law and Jurisdiction

19th June 2019

Significant growth in the international trade and commerce has appended eminence to clauses of dispute resolution in the private international law. In a globalized world, everything is believed to be moving at a speed of knot. New innovative techniques have enormously affected the manner in which business is conducted. 

Can you claim legal costs in arbitration?

19th June 2019

Isn’t it too complex and too expensive to proceed with arbitration? What all costs can we recover in this arbitration apart from the claim? Can we claim attorney’s fees or legal costs from this arbitration? There are few but very frequently asked questions from the Lawyers in UAE, and the answers to these questions can be spotted in this article.

One of the most appealing advantages of turning to arbitration is the tribunal’s authority to award legal costs and expenses. These would ordinarily incorporate the arbitrator's fees and any other costs incurred in any arbitration institution. It is a recent practice in UAE among commercial parties to empower the tribunal to award legal costs either within the Terms of Reference or drafting a special provision for the same. However, under certain circumstances, the ability of the tribunal to grant legal costs is a challenging task. Consequently, the Arbitration Lawyers of Dubai have simplified it through this article for all the commercial parties in arbitration or desiring to file for arbitration. The concerned article will emphasize the most prominent arbitration institute of Dubai that is Dubai International Arbitration Centre (DIAC). The article is divided into several categories to comprehend the status of each case easily.

Insider Trading: Legal or Illegal?

23rd May 2019

Insider trading is exploitation of confidential information which is based on the sale and purchase of financial instruments of a corporate entity referred to as insider. The information pertaining to financial instruments can influence the public at large if disclosed. An act will be called insider trading if such information is provided to a third party who benefits from his investment activities post receiving such information. It is a term used commonly in the securities market and usually relates to illegal conduct.

How to resolve real estate disputes in Dubai?

23rd May 2019

Dubai has experienced major ups and downs in the real estate sector, and the disputes arose tested the veracity and legal standing of these laws from time to time.

Almost after a decade of rigorous implementation, the real estate laws of Dubai, as elucidated by Property lawyers in Dubai are now much more robust. The concerned article is a pathway to understanding the various aspects of dispute resolution in real estate matters in Dubai.

Ramadan Etiquette’s: Holy Month of Ramadan in UAE

23rd May 2019

Ramadan is the ninth month in the Hijri Calendar. It is viewed as the holiest month of the year and annually observing the month of Ramadan is considered as one most important pillar of Islam. Best Lawyers of Dubai, before this holy month of Ramadan, would like to express a few changes during this month in UAE and activities which should be prevented during this month.

Do You Want To File a Case For Theft?

23rd May 2019

Theft involves obtaining someone else’s property with the intention of depriving the other person permanently from such movable property without their consent. Stealing money, accepting stolen goods or property or obtaining goods by masquerade. Legal Consultants of Dubai often suggest clients consider important points highlighted in this article in the case of theft. Federal Law Number 3 of 1987 regarding the UAE Penal Code exclusively provides punishment for theft committed within the country. Generally, theft is perpetrated on movable property having a monetary value belonging to another. Whereas, the Federal Law Number 5 of 1985 on Commercial Transactions defines property as something that can be taken under custody. Larceny, shoplifting, burglary and embezzlement of funds are some common crimes falling under the criteria of theft.

5 Tips to remember after a road accidents in UAE

16th May 2019 It is usually impossible to know when would you have prevented the accident, but it is possible to know what can be prevented after the accident especially in UAE. Most drivers in UAE have found themselves in unfortunate major or minor road accidents in UAE at some point in time. Legal Consultants in Dubai will give five important tips to consider post the road accident.

Criminal Lawyers in Dubai: Misconducts Surrounding Rape Offense

18th April 2019

I feel awful and outrageous to discuss such cruelty and threat which women regularly face in our society, known as "rape". Any content written on such topic cannot justify the agony and torment faced by them. 

Legal Consultants in Dubai: Discussing Legality of Verbal Contracts

18th April 2019 A verbal contract is valued as much as the paper it is written on. While discussing and preparing for an important case, I found myself thinking the legalities of verbal contracts and the misconception towards their unenforceability.

DUE DILIGENCE: Importance In Acquisition

18th April 2019

Mergers and Acquisitions (M&A) can be as critical as it seems exciting for any entity's growth and development. If successful, it can assist both the companies to gain a significant share in the market and earn profits. If not successful, it can lead to a different story altogether. 

Abetting in Crime: Criminal accountability for parties involved

18th April 2019

NOT JUST A CRIMINAL ACT WILL MAKE YOU A CRIMINAL So, the plan is that "A will enter the apartment wearing women's abaya with a key provided by C, B will wait outside in the car, and once we complete the act, we will keep the money at D's place." The plan is simple, and everyone is aware of their role in the act.

Drinking alcohol in UAE: How to avoid jail time?

18th April 2019

Foreign expatriates residing or visiting UAE must always be aware of the rules and regulations of the country in order to avoid detention. 

Recent Amendments in the Civil Law Procedure

18th April 2019 UAE Legislators on 9 December 2018 issued a Decision of Council of Ministers Number 57 of 2018 (the Decision) regarding the recent amendments in Federal Law Number 11 of 1992 concerning the UAE Civil Procedure Code (the Civil Law). 

Visa Extension for Divorced Women

18th April 2019 UAE Federal Law Number 6 of 1973 concerning entry and residence of foreign national as thereafter amended by Federal Law No. 13 of 1996 regarding the Immigration Law (Immigration law) along with several ministerial decisions governs the rules and regulations pertaining to the issuance of visas in the country. 

Inheritance Under Muslim Law: Framework of Sharia Law

8th March 2019

The principal source of law of inheritance in UAE is Shariah and on the basis of which several Federal Laws have been promulgated.

Travel Ban in UAE: All you need to know

6th March 2019

“The freedom of movement and residence will be granted within limits of laws” quotes from Article 29 of the UAE constitution offers freedom and simultaneously curtail it on the basis of law. It implies that everyone enjoys the freedom to travel inside and outside the country unless specifically objected by law through a travel ban. 

Are you criminally liable for Bounced Cheque?

6th March 2019

Just as threatening the title of this article may seem, the consequences of a returned cheque or a bounced cheque can be similar in UAE. Unlike other countries, UAE imposes strict criminal charges against those who offer cheques with insufficient balance.

Looking for a Lawyer: Suing for Breach of Trust

6th March 2019

Accessibility to global trade, tax-free income, innumerable business opportunities and free trade environment is an optimal location for any business venture and UAE is one such example of such a business environment. However, even in such favourable region, industrialist practices dishonest behaviour in order to gain undue profits. Dubai Legal Consultants will hereby provide you with a brief overview of the most common offence in the UAE that is Breach of Trust.

UAE Deportation: What you must do in the process

6th March 2019

UAE is a pool of legislation which governs every aspect of citizens’ life residing in the country, ensuring peace and harmony. With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country. 

Good Bye to Entangling Investigations, Minor Crimes to be Disposed within One Day in the UAE.

25th February 2019

Criminal Order is a new procedural system established by the amendment to the UAE Criminal Procedure Law, which envisages efficient and seamless transition of workflow with the goal to lessen the judicial workload.

With the new Law in the UAE, the Prosecution Can Allow the Accused and the Victim to Settle Criminal

25th February 2019

The new amendment to the UAE Criminal Procedure Law provides for an amicable settlement opportunity to the parties in a criminal case, namely the victim and the accused under the aegis of the prosecution. 

UAE joins nations monitoring Offenders through Electronic Tagging

25th February 2019

The Law No. 17 of 2018 provides for an alternative to imprisonment in certain offences and subject to certain restrictions, which we have amplified in the following part herein. The alternative to imprisonment comes as a handy, electronic, portable and wearable device, which is intended to restrict and monitor the convicts or the accused pending trial instead of giving them a jail term or police custody during the investigation. 

All that you should know about the New Anti-Money Laundering Law

25th February 2019

As part of the requirement of the Financial Action Task Force (FATF), a Federal Decree No. 20 of 2018 on anti-money laundering and countering the financing of terrorism was issued on 23 September 2018. 

Thoughts on the Extradition Rules under the UAE Laws

4th December 2017

This article assesses the feasibilities and outline of the process of extradition in the UAE. The article also reviews how extradition succeeds through judicial collaboration internationally.

Investors win Dh84m claim against developer in Dubai

10th October 2017

A Dubai developer has been ordered to pay three men Dh84m after they failed to deliver villas the men had purchased from a housing project near Dubai Land.

Arbitration Article Series V: Challenging an Arbitration

10th October 2017

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.

Arbitration Article Series IV: Enforcing Arbitration Awards

5th October 2017

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.

Arbitration Article Series I: Rise of Arbitration

26th September 2017

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. 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 arbitration process is the preferred method to resolve disputes by commercial companies. As the certified language of arbitration proceedings is in English, a specialist tribunal can be appointed as opposed to the more broad UAE courts, and arbitration is generally more cost-effective and less time-consuming. This has led businesses and investors in the UAE to ensure that arbitration clauses or agreements are inserted into their contracts. Furthermore, the downturn in economic conditions in the real estate market over the past few years has led to an increase in disputes in general, and parties are more likely to issue court proceedings than to try to recover their losses through other ventures.

Arbitration Article Series II: Appointing Arbitrators

26th September 2017

An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to make an application. The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an arbitrator. There must be an odd number of arbitrators, although there is no limit set on the number of arbitrators.

Arbitration Article Series III: Terms of References

26th September 2017

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. It is common for the UAE courts to require the foreign award to satisfy the rules and procedures of the UAE, and they may refuse to enforce it if there is a violation of local laws. One potential difficulty arises in convincing the UAE court that it did not have jurisdiction to hear the dispute in the first place (irrespective of the arbitration agreement between the parties). The UAE courts normally have a fairly broad jurisdiction over disputes including, for example, claims connected to money or assets within the UAE and claims arising out of contracts executed or to be performed in the UAE, as well as claims over foreigners who are resident in the UAE. Therefore, it is difficult to prove that the UAE court did not have jurisdiction over the order.

An Introduction to Corporate Guarantee

17th August 2017

In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending or providing other banking facilities to family or other private businesses, primarily on the strength of the “name” or “names” of the proprietors standing behind the business, rather than on the strength of the asset quality and underlying credit of the particular business. Of course, in practice, there is commercial overlap between the proprietors and the companies which they own, but the credit analyses can break down where poor banking practices and procedures result in poorly constructed legal documentation and gaps in guarantee and security support documents.

An Introduction to Personal Guarantee

11th August 2017

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. According to common practice in the UAE, the most secure and quickest method is the post-dated -  and in some cases undated – cheque. This is often requested by creditors (financial institutions) and sellers, mostly in real estate transactions and trade. The rationale is mostly economic to individuals who are issuing the cheque, and how does personal guarantee play a role? In this Article, we attempt to analyze and overview UAE laws on Personal guarantee.

The Rules and Procedures Followed Before the Criminal Courts under the UAE Criminal Procedure Law

21st July 2017

After having explained the procedures of transferring cases to the criminal courts, in this part we will describe the procedures following the transfer and the rules to be followed before the criminal judge in the hearings.

Arresting Orders Under The Uae Criminal Procedure Law

14th July 2017

It has been noticed that many of our colleagues based abroad are contacting us here in the UAE for their clients who were unfortunately arrested at one of the Airports in the UAE for some criminal charges. Their query usually relates to what the expected procedures are. 

Al Rowaad is Available Around the Clock 24/7

5th July 2017

Al Rowaad Advocates is also pleased to announce it is now even easier to access our team of legal experts in Abu Dhabi and Dubai at any time. We understand that legal emergencies can happen at any moment, so we have created two round-the-clock services through which you can reach us. 

Dubai Court Rejects Extradition Request for ‘Wanted’ Russian Woman

21st June 2017

A Russian woman, wanted for fraud in her country, will not be extradited after Dubai Courts rejected the request.