Awatif Mohammad Shoqi Advocates & Legal Consultancy

Choosing a good lawyer in the UAE can be a confusing task, especially for expats not familiar with the local courts, the procedures in Arabic, free zone rules and the difference between legal advice and court representation. Whether it is a matter related to family, property, employment, business, banking, inheritance, criminal complaints or civil disputes, a lawyer in the UAE can help you understand your rights, prepare documents, communicate with the other party, and represent your interests before the appropriate authority. The legal profession in the UAE is governed by Federal Decree-Law No. 34 of 2022 on Regulation of the Legal Profession and the Legal Consultation Profession. The law applies to practicing advocacy and legal consultancy in the UAE. What Does a Lawyer in the UAE Do? A lawyer in the UAE is not just a court appearance. In many cases, legal support starts much earlier. A lawyer can examine contracts, evaluate risks, prepare legal notices, negotiate settlements, advise on the laws of the UAE, prepare court submissions, and explain the practical consequences of a dispute. For example, a lawyer may review the Ejari, rental increase notice, payment history, maintenance complaints, and communication with the landlord before advising on whether to go to the Rental Disputes Settlement Centre in Dubai in a tenancy dispute. A lawyer can also help to explain the procedures for divorce, custody, maintenance, travel permission, and enforcement in a family matter. The lawyer will check the agreements, invoices, cheques, guarantees, correspondence, and then decide whether the business dispute is civil, commercial, criminal, or arbitral. Lawyer, Advocate, and Legal Consultant: What Is the Difference? In the UAE, the term “lawyer” is commonly used. But advocates and legal consultants are there in the legal market. An advocate may have rights of audience before UAE courts, subject to licensing and registration requirements. A legal consultant can provide legal advice, prepare documents, and help clients, but whether they can represent you in court depends on the licensing rules and the forum. The distinction is important because some matters require filings, hearings, steps in execution, or urgent applications. For example, the Legal Affairs Department in Dubai regulates legal consultants and states that a practicing legal consultant may provide legal services in the Emirate, except pleading and representing third parties before the Dubai Courts. When Should You Speak to a Lawyer in the UAE? Many people wait until a dispute becomes serious before asking for legal advice. This can make the case harder. A lawyer may be useful when: You are asked to sign a contract, settlement, undertaking, guarantee, cancellation agreement, or acknowledgment. You receive a legal notice, police complaint, court notification, arbitration notice, or payment demand. You are facing a family dispute involving divorce, child custody, maintenance, relocation, or travel consent. You have a real estate issue involving delayed handover, off-plan registration, refund claims, defects, tenancy renewal, or eviction notice. You are involved in an employment dispute relating to termination, unpaid salaries, end-of-service benefits, non-compete clauses, or visa cancellation. You are starting or restructuring a business and need to understand licensing, shareholder rights, liability, contracts, or compliance. Getting advice early can help you preserve evidence, ensure you don’t miss deadlines and prevent emotional decisions turning into legal mistakes. Why UAE Legal Advice Must Be Practical The UAE legal system comprises federal laws, emirates’ procedures, free zone laws, civil courts, criminal authorities, arbitration centers, and specialist courts. The facts will guide us on what to do. Business disputes can involve contractual terms, jurisdiction clauses, arbitration clauses or criminal issues such as fraud or bounced cheques. This is why a good lawyer in the UAE should not give generic answers. The advice should be based on documents, dates, payments, communications, and the authority that has jurisdiction. Qualities to Look for in a Lawyer in the UAE A practical approach is to look for experience in the area concerned, knowledge of local procedure, clear communication, honest assessment of risks, and the ability to explain the matter in simple terms. A good lawyer will tell you what’s strong and what’s weak, what evidence is missing, what the procedure may involve, and what outcome is realistically possible. Clients in the UAE often need legal help that is culturally sensitive, linguistically diverse, and procedurally correct. This is particularly important for expats who may not be familiar with the way UAE courts, police stations, notaries, free zones, and government authorities operate. The Role of Experienced UAE Court Lawyers Having experience before the UAE courts can really make a difference when it comes to court matters. You have to play by the court’s rules. Court pleadings must be properly structured, evidence must be in the proper form, and deadlines must be met. Legal strategy is not just about quoting the law. It is also about selecting the right forum, framing the facts correctly, and anticipating the arguments of the other side. Mrs. Awatif Al Khouri is frequently acknowledged for her broad UAE litigation practice and rights of audience before UAE courts. Her long-standing practice reflects the importance, and it highlights the power of combining legal knowledge with trial experience, particularly in situations where clients need more than legal strategy, but courtroom representation. Conclusion A UAE lawyer can help people, families, and businesses know where they stand legally, before a problem gets out of hand. Legal support on the right side should be practical, clear, and based on UAE law. This is especially true for expats and residents as procedures, language requirements, court systems, and documentation standards may vary. Mrs. Awatif Al Khouri’s experience of UAE court practice demonstrates the importance of selecting legal support that knows the law as well as the realities of local procedure. Whether the issue is personal, commercial, property, or emergency, the best first step is to get good advice, organize the evidence, and go through the proper legal channel. Author: Awatif Al Khouri

Financial crime investigations in the UAE are subject to a strict legal and regulatory framework, including Federal Decree-Law No. 10 of 2025 on Combating Money Laundering Crimes, Combating the Financing of Terrorism and the Financing of Arms Proliferation, its Implementation Regulations under Cabinet Resolution No. 134 of 2025 and the Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law, as amended. These laws cover conduct such as money laundering, terrorist financing, proliferation financing, fraud, bribery, breach of trust, forgery, suspicious transactions, misuse of company funds and concealment of criminal proceeds. For companies, directors and senior officers, this means that financial crime risk is no longer limited to internal compliance. Weak due diligence, poor records, unexplained payments, false invoices or failure to report suspicious activity may expose the company and its management to regulatory action, freezing measures, criminal investigation and reputational harm. Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law The foundation of corporate criminal exposure in the UAE is Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law, as amended. Article 39 provides that the mental element of a crime consists of either intent or fault. Intent arises where a person knowingly commits, or omits, an act criminalised by law with the purpose of producing a criminal result. Fault, on the other hand, may arise from negligence, inattention, recklessness, rashness or failure to comply with applicable laws, regulations, rules or orders. In financial crime matters, this distinction is important because failures in supervision, compliance controls or statutory reporting may become relevant when assessing culpability. Corporate criminal liability is covered under Article 66 of the Crimes and Penalties Law. It provides that, except for government bodies and public authorities, companies can be held criminally liable for offences committed by their representatives, directors or agents when acting in the company’s name or on its behalf. Where such liability is established, the company may be subject to fines, confiscation and other criminal measures prescribed by law. The individual who committed the offence may also face separate criminal punishment. Article 66(2) limits the type of punishment that may be imposed on a company. Since a legal person cannot be imprisoned, the penalty is generally restricted to a fine, confiscation and other criminal measures provided by law. Where the underlying offence carries imprisonment or another non-financial penalty, the company’s punishment is limited to a fine of up to AED 5 million, unless a specific law provides otherwise. This does not prevent separate criminal proceedings or punishment against the individual director, manager, representative or agent who committed the offence. With regard to AML/CFT, Article 4 of Federal Decree-Law No. 10 of 2025 further stipulates that a legal person may be held criminally liable where any crime under the Decree-Law is committed intentionally in its name or for its account, without prejudice to the personal criminal liability of the perpetrator. Federal Decree-Law No. 10 of 2025 Regarding Combating Money Laundering Crimes, Combating the Financing of Terrorism and the Financing of Arms Proliferation The Federal Decree-Law No. 10 of 2025 framework expands the scope of financial crime risk in the UAE. Article 1 defines predicate crimes to include terrorist financing, financing the proliferation of arms, and direct and indirect tax evasion. It also recognises money laundering carried out through digital systems, virtual assets or encryption technologies. Article 3 further addresses terrorist financing and the financing of arms proliferation by covering the direct or indirect provision, collection or making available of funds, including through digital systems, virtual assets or encryption technologies. For companies, this widens the compliance focus beyond ordinary money laundering risks to include suspicious cross-border payments, sanctions exposure, weapons-related transactions, dual-use goods and other high-risk financial activity. Article 2 of Federal Decree-Law No. 10 of 2025 provides further detail on the ways knowledge can be established with regard to money laundering. A person can be liable where they know, or where their knowledge is supported by sufficient evidence or circumstantial evidence, that the funds are derived from a predicate crime. It also reiterates that money laundering is a separate offence for which it is not necessary to have been convicted of the underlying crime and that knowledge can be inferred from the factual and objective circumstances of the case. The 2025 AML/CFT framework also increases financial and managerial exposure for legal entities. Under Article 27 of Federal Decree-Law No. 10 of 2025, a legal person may face a fine ranging from AED 5 million to AED 100 million, or a fine equal to the value of the criminal property, whichever is greater, where money laundering, terrorist financing or proliferation financing is committed by its representatives, directors or agents acting on its behalf or in its name. Article 27(5) also makes provision for the punishment of the person who was actually in charge of the management of the legal person if they were aware of the crime and the offence happened due to a breach of their duties as managers. Board oversight, internal reporting, escalation and effective compliance controls are therefore key to reducing both corporate and individual exposure. Article 20 of Federal Decree-Law No. 10 of 2025 prohibits any natural or legal person from carrying out financial activities, designated non-financial businesses and professions (DNFBPs) activities or virtual asset service provider activities without the required licence, registration or authorisation. Breach of this requirement is penalised under Article 32 by imprisonment and a fine ranging from AED 200,000 to AED 10 million, or either penalty. Article 29 separately addresses tipping off, by penalising any person who alerts another person or discloses information relating to suspicious transactions or ongoing investigations. It also penalises intentional or grossly negligent failure to comply with duties relating to seized or frozen funds, with aggravated penalties where such conduct results in the proceeds being lost, destroyed or no longer capable of seizure. Manager Liability under Federal Decree-Law No. 32 of 2021 The Federal Decree-Law No. 32 of 2021 on Commercial Companies also strengthens the accountability of directors and managers. In accordance with Article 84, a manager of a limited liability company may be personally liable to the company, partners and third parties for fraud, abuse of power, violation of applicable law, breach of the company’s memorandum or appointment contract or gross error. Any attempt to exclude this liability shall be deemed void. This provision is important in financial crime cases because directors and managers cannot just rely on the company’s separate legal personality when their own conduct, supervisory failures or abuse of authority causes loss or legal exposure. The Investigative Mechanism: Central Bank, FIU, and Public Prosecution Financial crime investigations in the UAE may involve several authorities, including the Financial Intelligence Unit (FIU), the Central Bank of the UAE, sector regulators and the Public Prosecution. Financial institutions, designated non-financial businesses and professions (DNFBPs) and virtual asset service providers must report suspicious transactions or funds immediately to the FIU under Article 18 of Federal Decree-Law No. 10 of 2025. These reports must include available information about the transaction and the relevant parties, and further information must be provided if requested by the FIU. The provision also recognises professional confidentiality for lawyers, notaries, other legal professionals and independent legal auditors in specific circumstances. Separately, Article 5 gives the Chief of the FIU the power, without prior notice, to suspend suspicious transactions for up to 10 working days and to freeze funds suspected of being related to a crime for up to 30 days, subject to the procedures and extensions provided under the law. Federal Decree-Law No. 10 of 2025, Article 6 states that the Public Prosecution or the competent court may, without prior notice, order the identification, tracing, evaluation, seizure or freezing of criminal funds or assets, or their equivalent value, until the investigation or trial is concluded. It also provides for measures to prevent handling and disposal of such assets and to protect the rights of bona fide third parties. A decision on seizure or freezing may be contested before the competent criminal court by any interested party. The grievance shall be decided within 14 working days. The Court’s decision is final, and if the grievance is rejected, a new grievance can generally only be filed after three months, unless there is a serious new reason. Conclusion UAE companies and directors now need to do more than basic compliance when it comes to financial crime investigations. Poor internal controls, poor record-keeping, unclear beneficial ownership structures, suspicious transactions, and failure to respond to regulatory concerns can expose the company and its management to serious legal risk under the new AML/CFT framework. So a strong compliance framework is not just a regulatory necessity, but a critical defence mechanism. Companies should keep clear audit trails, conduct regular internal checks, verify counterparties and ultimate beneficial owners, keep records of transactions and ensure that suspicious activity is identified and reported. In cases where the crime is proven and where criminal property is mixed with legitimate funds, Article 31 allows confiscation of the criminal property or equivalent value in funds. Clear audit trails and proper documentation are therefore essential. Author: Awatif Al Khouri

Introduction Federal Decree-Law No. 6 of 2025 provides a new legal framework for the UAE financial sector. It places banking, insurance, payment services, and related financial activities under the supervision of the Central Bank. The law is significant to bank disputes in the UAE as it increases regulatory duties, consumer protection, supervision, and penalties. Article 170 of Federal Decree Law No. 6 of 2025 criminalizes unlicensed financial activities, and the perpetrators could be imprisoned and fined up to AED 500 million. Furthermore, Article 168(1)(s) states that the promotion or carrying out of unlicensed financial activities shall be subject to a minimum administrative fine of AED 1 million. In addition, Article 54 of the 2025 Banking Law acknowledges Central Bank-issued digital currency as a legal tender. Law provides the statutory order for paying off debts and obligations under Article 144 of Federal Decree-Law No. 6 of 2025, when the Central Bank puts a licensed financial institution into resolution and liquidation, starting with secured creditors and ending with shareholders. Certain Central Bank decisions may be challenged before the Grievances and Appeals Committee, and the Committee’s decisions may be challenged before the Federal Supreme Court within twenty working days, where permitted under the law. Consumer Protection in Loan Recovery Claims Under the 2025 Banking Law, Article 150 introduces an important consumer protection safeguard for credit facilities granted to natural persons and sole proprietorships. Licensed financial institutions must obtain and maintain adequate guarantees for such facilities, in proportion to the client’s income, any existing guarantees, and the size of the requested facility, as determined by the Central Bank. If the institution fails to obtain or maintain these required guarantees, any claim, action, or defense brought by the institution in relation to that credit facility may be rejected before the competent judicial authorities or arbitral tribunals. The Central Bank may also impose administrative and financial sanctions for breach of this obligation under Article 168. An issue that may arise in a UAE loan dispute is whether the licensed financial institution obtained and maintained adequate security for the credit facility. Recognized forms of security may include salary assignment, insurance of the loan, post-dated cheques, or other accepted guarantees, depending on the nature of the facility and the Central Bank’s requirements. However, breaches of lending guidelines, technical or prudential, such as in relation to loan-to-income ratios, may not automatically render a recovery claim inadmissible. Depending on the facts, such breaches may instead be dealt with as regulatory issues, which may attract administrative penalties. Statutory Controls on Interest in UAE Financial Disputes Interest calculations are monitored closely so as not to accumulate excessive debt. The most significant limitation is the prohibition of compound interest, i.e., interest levied on accrued interest. Pursuant to Article 148(11) of Federal Decree-Law No. 6 of 2025, accredited financial institutions shall not charge interest on interest accrued on facilities provided to consumers. This is supported by Article 88 of Federal Decree-Law No. 50 of 2022, the Commercial Transactions Law, which prohibits the creditor from claiming compound interest or resorting to it as a form of supplemental compensation. UAE law allows simple interest rather than compound interest. The creditor shall be entitled to interest on the commercial loan at the rate agreed upon in the contract pursuant to Article 72 of Federal Decree-Law No. 50 of 2022 on Commercial Transactions. Where no rate of interest has been specified, interest shall be payable on the contract at the prevailing market rate at the time of dealing, provided that this shall not exceed 9% per annum until the date of full settlement. Where a contract provides for an interest rate, the debtor shall be liable to pay interest on any arrears at the rate stipulated in the contract until the debt is fully paid (Article 73). Islamic financial institutions are subject to specific statutory restrictions on interest or benefit, particularly in relation to borrowing, lending, and delayed debt. Article 473 of Federal Decree-Law No. 50 of 2022 prohibits the charging of interest or benefit on delayed debt, including delay interest, even if it is called compensation, and also prohibits Islamic financial institutions from borrowing or lending with interest or benefit. Such an agreement shall be deemed null and void. Thus, late-payment interest clauses in Islamic finance contracts might be considered as unenforceable. Debt Recovery Mechanisms and Executive Instruments In respect of debts that are clearly recorded in writing and payable, the UAE Civil Procedure Law promulgated under Federal Decree-Law No. 42 of 2022 has introduced a fast-track mechanism known as a payment order, which is regulated by Articles 143 - 150 of the Civil Procedure Law. In order to qualify as a claim, a claim must be supported by written evidence, be due at the time of the claim, and concern a fixed amount of money or a movable property of a known type and quantity. According to Article 144 of Federal Decree-Law No. 42 of 2022, the creditor must notify the debtor in writing, giving him a period of no less than five days to pay, before submitting the payment order petition. The petition may be made electronically or in writing, which shall be attached to the debt instrument and proof of notice. If accepted, a payment order should be issued within three working days from the date of submission. But the dishonored cheque is treated separately. A cheque dishonored for want of funds may be considered as an executive instrument under the Commercial Transactions Law. A cheque which is marked by the bank as having no or insufficient funds shall constitute a writ of execution pursuant to Articles 648(2) and 667 of Federal Decree-Law No. 50 of 2022. The bearer shall be entitled to proceed through enforcement procedures without having to file a petition for a payment order first. If part of the cheque amount is available, the bank must make a partial payment unless the bearer refuses. It must note this on the cheque and give a certificate of payment for the balance. Personal Guarantees and Limits of Accessory Liability Guarantees are limited by civil law. The new Civil Transactions Law (Federal Decree-Law No. 25 of 2025) will come into force on 1 June 2026 and will restrict guarantees. According to Article 1009, before a creditor may proceed against the guarantor, he must first proceed against the principal debtor. It also forbids the execution on the property of the guarantor prior to the exhaustion of the property of the debtor, except in the case of the guarantor being equally and severally liable with the debtor or as otherwise provided by law or contract. The guarantor then has to go to court to get these protections. An important time limit for guarantee claims is established by Article 1006 of Federal Decree-Law No. 25 of 2025. The guarantor’s obligation shall be deemed to be extinguished if the creditor does not bring an action before a court for the recovery of the debt from the debtor and the guarantor within six months from the day following the date on which the debt falls due. Consequently, if the creditor does not take court proceedings within this period, the guarantor may rely on Article 1006 and argue that the guarantee obligation has been discharged. Alternative Dispute Resolution via the Sanadak Ombudsman Framework Sanadak is the UAE’s independent financial and insurance ombudsman unit, established under the regulatory framework of the Central Bank to assist in resolving complaints involving licensed financial institutions and insurance companies. It deals with complaints from consumers, sole traders, and small to medium businesses, including complaints about bank accounts, credit cards, personal loans, insurance claims, and other financial services. The complainant shall file a formal complaint with the licensed financial institution or insurance company concerned before referring the complaint to Sanadak. If no written response is received within 15 calendar days or if the complainant is not satisfied with the response, the complaint may be referred to Sanadak. The complaint generally must be filed within three years of the relevant conduct or within two years of the time the consumer became aware of the relevant conduct, whichever is longer. For complaints against licensed financial institutions, complainants may still proceed directly to court. For insurance complaints, Sanadak’s guidance states that the complainant must first complain to Sanadak rather than filing directly before the courts. If a complainant is dissatisfied with Sanadak’s decision, the matter may be escalated to the Appeals Committee for licensed financial institutions or, for insurance matters, to the Insurance Dispute Resolution Committee. An appeal fee may apply, including an AED 500 appeal fee for Sanadak appeals, which may be refunded if the decision is made in favor of the appellant. Conclusion The UAE’s approach in the field of banking and loan disputes demonstrates a definite tendency towards tighter regulation, quick enforcement, and more protection for consumers, borrowers, lenders, and sureties. The Federal Decree Law No. 6 of 2025 raises the supervisory status of the Central Bank. The Commercial Transactions Law and Civil Procedure Law offer effective tools for interest regulation, payment orders, cheque enforcement, and debt recovery. At the same time, the new Civil Transactions Law provides important safeguards for guarantors, in particular with regard to prior recourse against the debtor, exhaustion of the debtor’s assets, and timely action in court. Sanadak also offers an alternative path for banking, loan, and insurance complaints (for eligible complaints) to assist parties in resolving disputes prior to the initiation of formal litigation. In general, banking and loan disputes resolution in the UAE requires close attention to facility documents, guarantees, interest calculations, cheque instruments, enforcement procedures and complaint mechanisms available. The legally sustainable way is dependent on the substance of the claim and strict adherence to the applicable statutory procedure. Author: Awatif Al Khouri

More people than you might think have problems with their rentals in Dubai. The Real Estate Regulatory Agency, or RERA, runs a structured legal system that deals with problems like sudden rent increases, eviction notices, and disagreements over maintenance. If you are facing a dispute, understanding how the system works and when to involve a RERA lawyer in Dubai can make a significant difference to your outcome. Understanding RERA and Rental Disputes in Dubai The Dubai Land Department is in charge of RERA, which makes sure that landlords and tenants get along. The Rental Disputes Settlement Center, also known as the rental tribunal, is where most rental disputes are finally settled. Some common RERA disputes are: Disagreements about rent increases Notices of eviction and their validity Claims for security deposits Duties for maintenance and repair Ending rental agreements early Dubai Law No. 26 of 2007, which was changed by Law No. 33 of 2008, is the main law that governs the legal framework. These laws explain how to protect tenants, what landlords can do, and how to settle disputes. When Do You Need a RERA Lawyer in Dubai? A lot of people try to settle their differences without going to court at first. That might work in simple cases, but regulatory disputes usually need clear legal advice. You might need a RERA lawyer in Dubai or a Dubai rental tribunal lawyer if: The disagreement is about how to read the laws about renting. You have received or sent a formal notice to leave The issue has gotten worse and is now at the rental tribunal There is a claim for money or compensation involved The other party is not cooperating or is misusing legal provisions. A Dubai rental tribunal lawyer ensures that your position is properly presented, supported by law, and aligned with tribunal procedures. What Makes a Good RERA Dispute Lawyer? Choosing the right legal support is not just about experience. It is about approach, clarity, and practical understanding of how the system works in Dubai. A strong RERA lawyer in Dubai will: Know both the law and how it works Knowing the law is not enough. The lawyer should know how the rental tribunal really applies it in real life. Concentrate on practical results A good lawyer will try to settle disputes quickly, without making things more complicated. or formal proceedings. Speak clearly Rental disagreements can be hard to deal with, especially for expats who don't know the laws in the UAE. It matters that the explanations are clear and simple. Be careful with paperwork Most RERA disagreements are based on documents. Contracts, notices, payment records, and letters are all very important. The Role of the Rental Tribunal The Rental Disputes Settlement Center is the main authority that hears disputes about rentals in Dubai. The process usually goes like this: Filing a case with papers that back it up Paying a fee that is based on the value of the claim Going to hearings or sending in written arguments Getting a decision Compared to regular courts, the tribunal is supposed to be pretty quick. But mistakes in the process can slow down the case or hurt your case. This is where legal guidance becomes important. Key Legal Points to Keep in Mind If you know a few basic rules, you can feel more sure about how to handle your case: RERA rules must be followed when raising rent. Landlords can't just raise the rent whenever they want. RERA's rental index must be followed for increases, and proper notice must be given, usually 90 days before the lease ends. There are strict rules that eviction notices must follow. For instance, eviction for personal use or sale must be done through a notary public or registered mail, and it usually takes 12 months' notice. Things that are done in good faith Under UAE contract law, both parties must be fair and reasonable. The outcome can be affected by abusing rights or acting in bad faith. A Practical Insight into Legal Strategy In a lot of rental disputes, it's not just about who is right; it's also about how the case is presented. A practical, well-planned approach often has: Going over the rental agreement in-depth Ensuring adherence to notice periods Gathering convincing written evidence Identifying procedural flaws in the other party's actions Dubai rental tribunal lawyers frequently prioritize strategy above aggression in complex or high-stakes disputes. In practice, this balanced approach, which includes advice from lawyers like Mrs. Awatif Al Khouri, has been continuously highlighted, particularly when it comes to regulatory issues. Common Mistakes to Avoid A lot of tenants and landlords make their cases weaker without meaning to. Some mistakes that happen often are: Not paying attention Not meeting deadlines for filing claims. Turning in paperwork that isn't complete Not making these mistakes greatly increases your chances of a good result. How Long Does a RERA Case Take? Most rental disputes are settled in a few weeks to a couple of months, but this can vary depending on how complicated they are. Cases that are simple can move quickly, but cases that involve bigger claims or more than one issue may take longer. Having a Dubai rental tribunal lawyer or a RERA lawyer in Dubai helps streamline the process and avoid unnecessary delays. Conclusion Rental disputes in Dubai are structured, regulated, and ultimately resolvable when approached correctly. Whether you are a tenant protecting your rights or a landlord enforcing your rights. The key is to know the law and follow it. A good RERA lawyer in Dubai does more than just represent you. They make things easier, make sure you follow the rules, and help you find a workable solution. In a system like Dubai’s rental framework, where documentation, timelines, and procedural accuracy are critical, having the right legal direction can make all the difference. This is often why experienced professionals such as Mrs. Awatif Al Khouri emphasize clarity, preparation, and a calm legal approach when handling disputes before the rental tribunal. If you are facing a regulatory rental dispute, the best step is to act early, stay informed, and seek the right legal support before the issue escalates further. Author: Awatif Al Khouri

Divorce is not only the end of a marriage. When children are involved, it also raises important questions about parenting, custody, visitation, financial support and decision-making. In the UAE, a father continues to have legal rights and responsibilities after divorce. These rights are not automatic in every situation, because the court will always consider the best interests of the child first. For many fathers, the most common concern is whether they can see their children, take part in important decisions, or seek custody. UAE family law recognises the role of both parents, but the exact position may depend on the religion of the parties, the applicable law, the child’s age, the facts of the case and the court’s assessment. Custody and Guardianship: What Is the Difference? In UAE family matters, custody and guardianship are often misunderstood. Custody usually refers to the daily care of the child. This includes looking after the child’s routine, food, clothing, schooling, emotional care and general upbringing. Guardianship usually refers to broader legal responsibility. This may include decisions relating to education, travel, documents, financial support and general welfare. Traditionally, the mother is often considered the custodian of young children, while the father may remain the guardian. A father may still have rights relating to access, visitation, financial responsibility, decision-making and, in suitable cases, custody. Father’s Right to See the Child One of the most important rights of a father after divorce in the UAE is the right to maintain contact with the child. If the child is living with the mother, the father may request visitation or access arrangements. Visitation may include meeting the child on specific days, spending weekends together, video calls, school holiday arrangements, or other agreed schedules. If the parents cannot agree, the court may decide the arrangement. The court usually looks at what is stable and suitable for the child. A father who has been actively involved in the child’s life, maintains a safe environment and respects the child’s routine is generally in a stronger position when requesting structured visitation. Rights of Non-Muslim Fathers in the UAE In some family matters, the UAE has a civil personal status framework that might apply to non-Muslim residents and expats. The principle of joint custody is of importance within the civil personal status regime. The parents have equal rights of custody unless the court otherwise provides. This is especially relevant for expat families who want both parents to remain involved after divorce. However, joint custody does not mean that disputes will never arise. Parents may still disagree on schooling, relocation, travel, holidays or the child’s residence. In such cases, the court may step in and decide what is in the best interests of the child. Father’s Financial Responsibilities A father’s rights after divorce must also be understood together with his responsibilities. In many cases, the father may be required to provide financial support for the child. This may include expenses for education, housing, medical needs, clothing, food and general maintenance. The amount is usually assessed based on the needs of the child and the father’s financial ability. The court may consider income, standard of living, school fees, medical expenses and other relevant circumstances. A father should keep records of payments, transfers, school fee receipts, medical bills and any agreed expenses. Proper documentation is important if a dispute later arises. Travel and Relocation Issues Travel is one of the most sensitive issues after divorce. A father may have rights concerning the child’s travel, passport, relocation or removal from the UAE. If one parent wishes to travel with the child or relocate permanently, the other parent may object if the travel affects custody, visitation or the child’s welfare. At the same time, a father should be careful not to misuse travel objections as a pressure tactic. Courts usually focus on whether the proposed travel is genuine, safe and in the child’s interest. If there is a risk that a child may be taken abroad without consent or may not be returned, urgent legal steps may be required. Practical Steps Fathers Should Take A father going through a divorce in the UAE should avoid any emotional or casual approach to child-related disputes. It is best to be respectful in communication, to record important messages, and focus on the welfare of the child. Before filing any application, the father should collect relevant documents such as the marriage certificate, divorce papers, child’s birth certificate, Emirates IDs, passports, school records, medical documents, proof of income and evidence of involvement in the child’s life. In practice, proper legal guidance can make a significant difference. Mrs. Awatif Al Khouri’s involvement in family disputes reflects the importance of approaching child-related matters with clarity, sensitivity and a strong understanding of UAE family law. Conclusion Father's rights after divorce in UAE include the right to maintain a relationship with the child, request visitation, take part in important decisions, seek custody in suitable cases and protect the child’s welfare. However, these rights are balanced with the father’s responsibilities, especially financial support and respect for the child’s stability. Every family situation is different. The court will not look only at what either parent wants. It will consider what is best for the child. For fathers, the strongest approach is to remain responsible, consistent, well-documented and child-focused. With the right legal advice, fathers can protect their role in their child’s life while ensuring that the child’s wellbeing remains the priority. Author: Awatif Al Khouri

Background Our client, an individual investor, was represented by the Emirati Advocate Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, who personally led the defense in a commercial dispute arising from an investment arrangement with a business and its management. Under that arrangement, our client committed a substantial sum to invest in the enterprise, expecting to receive agreed-upon returns on that investment over time. The relationship was based on a contract whereby our client transferred the agreed amount for certain business activities, and in return received periodic returns. But the defendants failed to perform the agreed activities, or pay any returns, or give back the principal amount. After the demands were not fulfilled, our client, represented by Awatif Mohammed Shoqi Advocates and Legal Consultancy, filed a case for the cancellation of the agreement, recovery of the investment, and compensation. Court of First Instance The Court of First Instance appointed an accounting expert. The expert confirmed that our client transferred the investment amount as agreed, while the defendants failed to perform the investment activity. On these findings, the court found that the defendants had materially breached the agreement and that our client had performed their obligations. It therefore ordered the rescission of the investment contract and the parties to be restored to their precontractual position. The court also directed the defendants to pay compensation for the losses suffered due to the breach, together with the court and attorney’s fees. Court of Appeal The defendants appealed the judgment. Their primary position on appeal was that the arrangement between the parties constituted an ongoing partnership rather than an investment agreement of the kind the first instance court had found it to be, and they sought full reversal of the judgment. The Court of Appeal examined the merits of the matter and dismissed the defendants’ arguments in their entirety. It confirmed the basic principles that govern bilateral contracts under UAE law, such as the right of a party that has performed to seek rescission and compensation where the counterparty has materially failed to perform its obligations. The appellate court was satisfied that the expert report had been properly relied upon and that our client had performed their obligations under the agreement and that the defendants had not proved that they had performed theirs. The appeal was rejected, and the judgment of the first instance was upheld in full. Conclusion This matter illustrates the importance of thorough documentary preparation and proactive engagement with court-appointed experts in commercial investment disputes before the Dubai Courts. Through the dedicated efforts of Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, the client secured cancellation of the investment agreement, recovery of funds, and compensation for the harm suffered as a result of the defendants' breach. Author: Awatif Al Khouri

Corporate and commercial disputes can affect a business at many levels. A disagreement between shareholders, a delayed payment, a breach of contract, a failed partnership, or a supplier dispute can quickly become costly if it is not handled properly. For business owners, investors, and shareholders, choosing the right law firm in Dubai for commercial disputes is not only about finding legal representation. It is about protecting business interests, reducing risk, and resolving disputes in a practical way. Dubai is home to many local and international businesses. Contracts, shareholder agreements, distribution arrangements, service agreements, joint ventures and investment documents are all often used to support commercial relationships. When a business is in dispute, the right legal advice will help it understand where it stands before taking any formal steps. Experience in Corporate and Commercial Disputes Not every legal issue is the same. A general dispute may be very different from a corporate or commercial dispute. When choosing legal support, it is important to check whether the team has experience with matters such as: Contractual disputes Disputes between shareholders Partnership disagreements Debt collection and unpaid invoices Breach of business contracts Claims of business fraud or misrepresentation Disputes between agencies, distributors and suppliers Company management and ownership conflicts A law firm handling commercial disputes should be able to review contracts, correspondence, invoices, corporate documents, board decisions, and other evidence to identify the strengths and risks of the case. Knowledge of UAE Commercial and Corporate Laws Depending on the facts of the case, several UAE laws may be involved in commercial disputes in Dubai. For example, the UAE Commercial Transactions Law, Federal Decree-Law No. 50 of 2022, may apply to commercial dealings and trading activities. Federal Decree-Law No. 32 of 2021, the UAE Commercial Companies Law, is frequently applicable to matters concerning companies, shareholders, management and corporate governance. The UAE Civil Procedures Law, Federal Decree-Law No. 42 of 2022, governs civil court procedures. Where the contract contains an arbitration clause, the UAE Arbitration Law, Federal Law No. 6 of 2018, may also become relevant. This is why it is important to choose legal support that can read the contract carefully and identify whether the matter should go before the local courts, arbitration, or another agreed forum. Choose a Practical and Commercial Approach A sound commercial dispute strategy does not always have to start with litigation. Some disputes can be resolved by negotiation, settlement talks or a review of whether enforcement is realistic. Some disputes may require court proceedings, but such proceedings should normally be contemplated after an understanding of the cost, timeline, evidence and commercial impact. Business owners should seek legal support that lays out options clearly. This includes the possible outcomes, potential risks, the documents needed, and if the issue can be solved without affecting an existing business relationship. Review Evidence and Case Preparation Commercial disputes are usually paper-heavy. Emails, WhatsApp messages, invoices, purchase orders, delivery records, bank transfers, board resolutions, financial statements and signed agreements can all be important. Before starting a claim, a business should know what evidence supports its position. A reliable legal team should be able to organise the facts, identify missing documents, and explain what evidence may be useful. This is especially important where the dispute involves oral promises, informal business arrangements, or unsigned documents. Consider Court, Arbitration, and Settlement Experience Many commercial contracts in Dubai contain dispute resolution clauses. Some refer disputes to the courts of the United Arab Emirates, while others provide for arbitration. Some contracts may also have governing law and jurisdiction clauses. Before working with a lawyer, business owners should ask if the team can review these clauses and explain what they mean. Filing a case in the wrong forum may cause delays and additional costs. This can be especially relevant for investors and shareholders in situations where the dispute involves multiple parties, foreign shareholders or companies registered in various jurisdictions. Prioritise Clear and Practical Communication Commercial disputes can be stressful, especially when money, control, reputation, or business continuity is at stake. The legal advice should be clear, direct, and understandable. Business owners should not be left confused by technical language. A strong legal team should explain the case in simple terms, including: What the legal issue is What documents are needed What options are available What the likely risks are What steps may follow What the business should avoid doing Clear communication helps decision-makers act with confidence. Understand Costs and Strategy Before starting any dispute, businesses should ask for clarity on legal fees, court fees, arbitration costs, expert fees, translation expenses, and other possible charges. Commercial disputes can become expensive if there is no clear plan. A practical way of looking at this is whether the amount in dispute is worth taking the legal route. For example, a debt recovery claim may require a different approach to a complex shareholder dispute. The right legal team should help the client balance legal rights with the commercial reality. Consider Industry Knowledge Some commercial disputes need an industry understanding. In a real estate, construction, technology, retail, distribution, hospitality or financial services dispute, different documents and business practices may be involved. This is especially valuable in disputes involving long-term contracts, regulatory requirements, supply chains, franchise arrangements or investor relations. Personalised Legal Support In corporate and commercial disputes, clients often need more than standard legal drafting. They need someone who can understand the business background, the people involved, and the commercial pressure behind the dispute. Mrs. Awatif Al Khouri’s involvement in corporate and commercial dispute matters can assist clients in navigating contract issues, compensation claims, shareholder conflicts, business disagreements, and court procedures. With the right guidance, business owners and investors can better understand their legal position, organise their documents, and approach the dispute with clarity, preparation, and confidence. Conclusion Choosing a law firm in Dubai for corporate and commercial disputes must be done carefully. What’s the right choice? It depends on experience, knowledge of UAE laws, communication, practical strategy and ability to handle complex documents and negotiations. Early legal advice can assist business owners, investors and shareholders in avoiding minor problems from turning into bigger conflicts. Whether the problem is a breach of contract, an unpaid debt, a shareholder conflict or a commercial dispute, the objective should be to protect the company while taking the best course of action. Mrs. Awatif Al Khouri’s practical approach highlights the value of legal guidance that is clear, commercially aware, and focused on resolving disputes in a way that supports the client’s wider business interests. Author: Awatif Al Khouri

Child custody is often one of the most sensitive issues after divorce. For parents in the UAE, the main concern is usually simple: who will the child live with, who will make important decisions, and how will the other parent remain involved in the child’s life? UAE family law places strong importance on the welfare and best interests of the child. Custody is not treated as a reward to one parent or a punishment to the other. The court looks at what arrangement will protect the child’s stability, safety, education, emotional well-being, and daily care. The legal regime may vary depending on the religion, nationality, and the applicable personal status regime of the family. Federal Decree-Law No. 41 of 2024 on Personal Status applies to many Muslim families. Federal Decree-Law No. 41 of 2022 on Civil Personal Status may apply to non-Muslims. The 2024 Personal Status Law contains extensive provisions regarding custody, visitation, travel, passports, and the child’s right to determine the child’s residence at a particular age. What Does Custody Mean in UAE Divorce Cases? In simple terms, custody usually refers to the day-to-day care of the child. This includes where the child lives, who manages the child’s daily routine, schooling arrangements, food, medical appointments, and general upbringing. Guardianship is a different but similar idea. It usually carries more legal weight on important issues like financial matters, approval of education, permission to travel, and official documentation. In many family disputes in the UAE, one parent may have custody, but the other parent may still have guardianship rights or responsibilities. This distinction is important because a parent who does not have daily custody may still have strong legal rights in relation to the child. The Best Interests of the Child Come First The UAE courts focus on the child’s best interests when deciding custody disputes. This means the court will look at the practical reality of the child’s life, not only the claims made by each parent. The court may take into account factors such as: Age and needs of the child The emotional relationship between the child and each parent The ability of each parent to provide care, supervision, and stability The school and social environment of the child The safety and moral environment of the home Any risk of neglect, harm, or instability The willingness of each parent to support the child’s relationship with the other parent The court's objective is to prevent unnecessary disruption in the child's life. The parent seeking custody should be prepared to demonstrate how the proposed plan will enhance the child's daily routine, education, health, and emotional well-being. Child custody cases are sensitive, and the outcomes have implications for the child’s day-to-day living, education, travel, and relationship with each parent. A lawyer can assist in preparing the case, explain the applicable law, file urgent applications where necessary, and clearly put forward the best interests of the child to the court. In sensitive family matters, the presence of an experienced advocate can allow parents to understand the legal process. Mrs. Awatif Al Khouri, a Senior Emirati Advocate with rights of audience before all UAE Courts, is well known for dealing with family disputes in a practical and careful way, especially where custody, visitation, and child travel concerns require court intervention. Who Usually Gets Custody After Divorce? In the 2024 Personal Status Law, after separation, custody is usually awarded to the mother, then the father, then other relatives in the order stated by law. But the court can vary this order if the best interests of the child require a different arrangement. The civil personal status system could provide that both parents shall have equal and shared custody of the child after divorce, unless the court determines otherwise in the best interests of the child, pursuant to Federal Decree-Law No. 41 of 2022. Can a Child Choose Which Parent to Live With? One of the important updates under the 2024 Personal Status Law is that a child who reaches the age of 15 may choose to reside with either parent, unless the child’s best interests require otherwise. That does not mean that the court will ignore all other factors. The child must be able to pick, but it has to be acceptable and safe, too. Before entering a final judgment, the court may consider the effect of the placement on the child’s general well-being. Custody generally ends when the child reaches 18 Gregorian years. However, if the child has a serious illness or condition requiring continued care, custody may continue where necessary. Visitation and Contact Rights When one parent has custody, the other parent usually has the right to visit, spend time with the child, take the child out, and, in suitable cases, have overnight stays. The parents may agree on the schedule themselves. If they cannot agree, the court can decide the arrangement based on the child’s best interests. A visitation order may cover Weekly or weekend contact, School holiday arrangements, Video calls or phone contact,  or Overnight stays. Courts generally encourage arrangements that allow the child to maintain a meaningful relationship with both parents, unless there is a serious reason to restrict contact. What Happens if One Parent Is Unfit? A parent’s custody rights may be challenged if there is evidence that the parent cannot properly care for the child. This may include neglect, abuse, unsafe living conditions, inability to supervise the child, serious instability, or conduct that affects the child’s welfare. The law also allows custody rights to be lost where the custodian no longer satisfies the required conditions, fails to perform custody duties, or moves in a way that harms the child’s interests. However, a person who loses custody may apply again if the reason for losing custody no longer exists. The court will usually require proper evidence. Allegations alone are not enough. Messages, school records, medical reports, police reports, witness statements, travel records, or other supporting documents may be relevant, depending on the dispute. Conclusion In the UAE, the question of child custody post-divorce is based on the best interest of the child. The law does provide some guidance as to who might have priority, but the court has the discretion to look at the whole picture and make orders that ensure stability, safety, and well-being for the child. For expats and UAE nationals, custody disputes often raise a number of related issues at the same time, including residence, schooling, visitation, passports, travel permission, and financial support. Parents need to be calm about the process, record-keeping, and focus on what arrangement is truly in the best interests of the child. With the support of experienced UAE family law professionals such as Mrs. Awatif Al Khouri, parents can have a better grasp of their rights and responsibilities and ensure the child's welfare is kept as the priority. Author: Awatif Al Khouri

Executive Summary The father of a young child sued a healthcare facility and the treating doctors for medical negligence. The lawsuit is about a failure to diagnose a medical condition, which led to the permanent loss of the affected organ. Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy represented the father of a young child throughout these proceedings.  The case shows that the Supreme Committee for Medical Liability has ultimate authority and the application of liability in the UAE. Factual Background The child went to the hospital with severe pain, swelling, and redness. The specialized consultants only found mild inflammation. They sent the child home with medicines. Later surgery showed that the patient had an advanced infection, and the surgeons had to take out the affected organ. The claimant then filed a complaint with the Dubai Health Authority, which led to an investigation. Findings of the Supreme Committee The Supreme Committee for Medical Liability did a thorough review of the case and found that the doctors breached basic medical rules. The committee concluded that responsibility for the medical error was shared. The diagnostic imaging was not accurately interpreted, which led to a misleading clinical picture and contributed to an incorrect or delayed treatment approach; also, timely surgical action was not initiated. As a result of these combined failures, the patient suffered irreversible damage to the affected organ, amounting to a permanent disability. Judicial Analysis: Court of First Instance (CFI) The CFI’s reasoning was anchored in Federal Decree-Law No. (4) of 2016 regarding medical liability and the Civil Transactions Law. Standard of Care and Medical Error The court said that the mistake was not following accepted professional standards under Article 6 of the Medical Liability Law. It made it clear that a doctor's duty is to use the right tools, not to get the right results. The defendants' failure to effectively use available diagnostic tools was a violation of this standard. The Binding Nature of Expert Reports and Liability The Supreme Committee is the legal body in the UAE that can decide if a medical error has occurred. The committee's final reports established the liability. The court found the hospital responsible under Article 313 of the Civil Transactions Law, and the court of first instance awarded compensation with legal interest. Appellate Review: Court of Appeal Both sides appealed: Mrs. Awatif Al Khouri, on behalf of the client, sought an increase in the compensation amount, while the defendants sought dismissal of the case. The appellate court said that the initial award was inadequate, given the Permanent Physical Loss: The child has a 100% disability of the affected organ for the rest of their life. Moral Agony: The mental pain that the parents went through when they saw their child in so much pain. Logistical Burden: Costs associated with emergency international travel and specialized foreign medical care. The Court of Appeal increased the amount of compensation and dismissed the defendant's appeal. Conclusion The ruling reinforces the significance of the medical committee's findings and the compensation to cover the damage caused to the victim and their family. This case reflects the dedication of Mrs. Awatif Al Khouri to protecting the rights of vulnerable clients and ensuring that those responsible for medical negligence are held fully accountable. Author: Awatif Al Khouri

Introduction The UAE legal system is seeing a major change with the issuance of Federal Decree-Law No. 25 of 2025 on Civil Transactions Law, effective 1 June 2026. It repeals and replaces in full the long-standing Federal Law No. 5 of 1985. The Civil Code of 1985 generally left it to the courts in their broad discretion to create construction contracts. The 2026 CTL aims to improve certainty by better defining the rules on notice obligations, remedies for defective work, liquidated damages and decennial liability, and to facilitate more predictable risk allocation in project agreements. Apart from specific provisions on contract for work agreements, the 2026 Civil Transactions Law contains more general changes of broad application, which might have a material impact on the formation and execution of project agreements. Article 121 expressly regulates the pre-contractual phase and states that the initiation, conduct, and termination of negotiations shall be in accordance with good faith. The parties negotiating are not obliged to enter into a contract. A party negotiating or terminating negotiations in bad faith may be liable for actual damages suffered by the other party. The article also limits the compensation to exclude expected benefits from a contract that was never concluded, and lost opportunities to obtain such benefits, unless otherwise agreed. Importantly, when a material fact relating to the validity of the contract is knowingly concealed, it constitutes an act of bad faith. Additionally, Article 84 also states that the age of majority shall be 18 Gregorian years (reduced from 21 lunar years). The Structural Evolution of Contract for Work Agreements Under the Civil Code of 1985, contracts for work were governed by Articles 872 to 896. Now they are dealt under Articles 812 to 839 with the implementation of the 2026 Civil Transaction Law. This change maintains the spirit of the pricing and performance of the agreements, while introducing structural flexibility and lessening the need for court involvement. The operational distinction between these two statutory frameworks is most apparent in several key legal areas: Governing Provisions and Applicability: The governing provisions of the 1985 Civil Code (Articles 872 to 896) are replaced by Articles 812 to 839 of the 2026 CTL, which will form the primary statutory framework for onshore construction contracts governed by the new law as of 1 June 2026. Contractor Notice Requirements: The 1985 Civil Code did not impose such an express notice duty on contractors. Article 816(3) of the Civil Transactions Law 2026 states that the contractor shall immediately notify the employer of any event that may impede proper execution, and failing which the contractor shall bear the resulting consequences. Defective Work Remedies: Article 877 provided for judicial approval before termination or the appointment of another contractor. However, in the 2026 Civil Transactions Law, Article 818 provides a more explicit notice and cure mechanism. Upon notice, proof of defect, and lapse of a reasonable cure period, the employer may terminate the contract or appoint another contractor at the expense of the first contractor. The Court’s Power to Reduce Liquidated Damages: Article 390 of the Civil Code of 1985 stipulates that the Court may reduce the liquidated damages. The courts and arbitrators have wide powers to increase or decrease the damages to correspond with the actual loss. This power is limited by Article 340 of the 2026 CTL, which does not permit an upward modification unless the creditor can prove the debtor’s dishonesty or gross fault. Termination for Convenience: Article 892 addressed only the general termination of a contract of work by completion, mutual agreement, or court order. Article 836 of the 2026 Civil Transactions Law now expressly regulates the employer’s right to withdraw from the contract and the compensation payable to the contractor. Decennial Liability Scope: Articles 880 to 883 of the 1985 Civil Code provided for ten-year joint liability of contractors and architects for collapse or structural defect, but did not deal with recourse against subcontractors. This regime is maintained in articles 821 to 824 of the 2026 Civil Transactions Law, but it is specified that contractor recourse against subcontractors is not regulated by the statutory decennial warranty. Arbitration and Enforcement in UAE Construction Disputes When construction disputes escalate, many major project disputes are resolved through binding arbitration, particularly where the underlying contract contains an arbitration clause, utilizing the procedural framework of Federal Law No. 6 of 2018 (the "UAE Arbitration Law") and the 2022 Arbitration Rules of the Dubai International Arbitration Center (DIAC). The UAE Arbitration Law is based on the UNCITRAL Model Law and provides strong support for complex infrastructure disputes. Article 6 of the Federal Law No. 6 of 2018 further codifies the principle of separability, by which the invalidity, cancellation or termination of the main contract does not affect the validity of the underlying arbitration agreement. However, parties must comply with severe requirements regarding capacity under Article 4, which states that an arbitration agreement can only be entered into by a natural person with the capacity to dispose of his or her rights, or by an authorized representative of a legal person. The 2022 DIAC Rules also provide for contemporary procedures such as electronic filings, virtual hearings and electronic signatures on awards under Article 34.6, while Article 41(6) of the UAE Arbitration Law separately provides for electronic signing of arbitration awards. The UAE Arbitration Law sets out the main procedural framework for challenging and enforcing arbitration awards at the enforcement stage. Articles 53 to 55 are interconnected in that they limit the grounds of annulment, govern the time and manner of filing an application for annulment, and lay down the procedure for recognition and enforcement before the competent court. Strategic Contract Updates for Construction Stakeholders To avoid disputes and protect commercial positions, stakeholders may incorporate few changes to their practices for contract administration, procurement and risk management: Establish Rigorous Claim Notice Workflows: Contractors shall, under the statutory notice duty in Article 816(3), be required to use mandatory project management checklists to ensure that any delay, disruption or obstruction is notified immediately. Standard templates must spell out precise communication channels to ensure notices are served in writing without delay on the appropriate employer representatives to preserve claims for extensions of time and cost compensation. Integrate Structured Warning and Cure Mechanisms: Employers should revise tailored and standard form project contracts to include the notice and cure regime in Article 818. Contracts should clearly specify default notices, reasonable periods of rectification, proof of non-compliance and the process of cancellation or appointment of another contractor at the defaulting contractor’s expense. Address Subcontractor Recovery Deadlines and Evidentiary Burdens: Article 821 clarifies that the decennial warranty does not extend to the recourse claims of the contractor against the subcontractors. Main contractors should therefore explicitly address the liability of subcontractors in their sub-contracts, including warranties, indemnities, periods of liability, and back-to-back claim mechanisms where applicable. Review Liquidated Damages Clauses: Employers must be careful when drafting agreed compensation clauses, according to Article 340 of the 2026 Civil Transactions Law, and the clause must be proportionate to the expected loss. The provision empowers the court to reduce agreed compensation where it is too high, if the obligation has been partly performed or if the creditor has contributed to the harm, while any claim in excess of the agreed amount must be supported by evidence of fraud or gross fault on the part of the debtor. Conclusion The 2026 Civil Transactions Law represents an important point in the UAE construction law framework, shifting from general judicial discretion to more specific statutory provisions on notice, defective works, liquidated damages, termination and decennial liability. The reform is not just technical for contractors, employers, engineers, and subcontractors. It directly affects the drafting, administration, and enforcement of construction contracts. As the 2026 Civil Transactions Law comes into force, parties that review their contracts and strengthen their internal project-management processes early will be better placed to reduce disputes, preserve claims, and manage construction risk with greater certainty. Author: Awatif Al Khouri

The early termination of a tenancy contract is a common issue for tenants in Dubai’s fast-moving rental market when tenants have to deal with job loss, relocation, family changes, or sudden financial pressure. Though fixed-term tenancy agreements give landlords and tenants certainty, a tenant cannot usually end the lease early simply by deciding to vacate. Dubai tenancy relationships are mainly governed by Law No. 26 of 2007 on the Organization of the Relationship between the Lessors and Tenants in the Emirate of Dubai, as amended by Law No. 33 of 2008, and the lease contract itself remains the starting point for determining the parties’ rights and obligations. The written tenancy contract must clearly specify key terms such as the property details, lease period, rent, and payment method. This is why, in Dubai, early termination usually occurs through the early exit clause in the contract, a mutual written agreement between the landlord and tenant, or, in case of dispute, the Rental Disputes Center. Without a clear termination clause or mutual agreement to end the lease, the tenant risks being liable for rent, agreed penalties, or other contractual obligations if they leave before the lease expires. Anyone wishing to terminate a lease in Dubai should therefore look at the tenancy contract, which is registered with Ejari, check the notice and penalty provisions, and put in writing any settlement with the landlord. The Statutory Foundation of Tenancy Relationships in Dubai The main law governing the lease agreements in Dubai is Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and its amendments by Law No. 33 of 2008. Article 7 of Law No. 26 of 2007 provides that if the lease contract is valid, neither the landlord nor the tenant can unilaterally terminate the contract during the contract term unless the other party agrees or the law allows such termination. This corresponds to the generally accepted rule that a tenancy agreement is binding for the agreed lease period. Article 232 of Federal Decree-Law No. 25 of 2025 also supports this by providing that where a contract is valid and binding, neither party shall revoke, amend or rescind it except by mutual consent or a court judgment or by virtue of a provision of law. Furthermore, in accordance with Article 4 of Law No. 26 of 2007, as amended by Law No. 33 of 2008, tenancy contracts and any amendments thereof shall be registered in the register maintained by RERA through the Dubai Land Department’s Ejari system. Registration is useful in establishing the existence of the tenancy relationship and in supporting enforceability before the competent forum of rental disputes. Therefore, a tenant who leaves before the end of the lease term may be liable for the rent agreed or any contractual penalty for early termination, unless the lease agreement includes a clause for early termination or the landlord and tenant reach a mutual written settlement. Termination Clauses and the Legal Consequences Parties often include an explicit early termination clause in the tenancy contract to avoid disputes. This clause may set out the notice period, the notice-giving method or any agreed compensation for early termination. When the tenancy contract does not say anything about early termination, in such cases, the landlord is not automatically required to agree to an early termination just because the tenant wants to move out. The parties can instead agree to a settlement that might include payment of compensation, adjustment of advance rent, or treatment of the security deposit. Any deductions from the security deposit should also be considered in the light of Article 20 of Law No. 26 of 2007, which requires the landlord to refund the deposit or the balance remaining upon expiry of the lease. The tenant shall obtain the written consent of the landlord to substitute another tenant, especially since Article 24 of the law prohibits assignment or sublease without the consent of the landlord, unless otherwise provided for in the lease contract. Statutory Limits on Landlord-Initiated Early Termination Dubai law limits the landlord’s right to terminate a tenancy before the end of a lease. Article 25 of Law no. 26 of 2007, amended by Law no. 33 of 2008, makes a distinction between eviction before and after the expiry of the lease. Under Article 25(1) a landlord can only seek to evict a tenant before expiry in limited circumstances, including where the tenant has failed to pay rent after 30 days’ notice, where the property is sublet without authorisation, where the property is used for illegal purposes, where commercial premises have been left vacant for a prolonged period, where the property has been subject to damaging or unsafe alterations, where the property has been misused, where planning regulations have been breached, where the tenant has failed to meet legal or contractual obligations after notice or where the property has been certified as unsafe. Notice shall be given by registered mail or by a notary public. Article 25(2) provides that a landlord may apply for eviction on the following grounds: demolition and reconstruction of the property; major renovation or maintenance of the property; personal use by the owner or a first-degree relative; or sale of the property. In such cases, the tenant must be notified by a notary public or by registered mail at least 12 months before. If these statutory grounds or notice requirements are not met, the tenant may challenge the eviction before the Rental Disputes Center under Decree No. 26 of 2013 concerning the Rental Disputes Settlement Center in the Emirate of Dubai and may, where appropriate, seek compensation for unlawful eviction. Federal Civil Law: Hardship versus Force Majeure If a tenant is unable to reach an amicable settlement, they can try to invoke the force majeure and exceptional hardship clauses under the UAE Civil Transactions Law. But these clauses are strictly applied and don’t automatically give a tenant the right to terminate a tenancy contract in Dubai. Law No. 26 of 2007 Regulating the Relationship of Tenancy in Dubai (as amended by Law No. 33 of 2008). Where more general contract principles are applicable, the applicable federal framework as of 1 June 2026 is Federal Decree-Law No. 25 of 2025 on the Civil Transactions Law, in which the concept of exceptional hardship is addressed in Article 224 and force majeure or impossibility of performance in Article 236. Art. 236 allows for the dissolution of a contract if, due to a force majeure, the performance becomes impossible. It’s rarely just financial trouble, a lost job, a slowing business, or a move. The event must make performance legally or practically impossible. Article 224 applies in the case of unforeseeable and exceptional general circumstances which make performance excessively burdensome and threaten serious loss. In such cases the court will, after balancing the parties’ interests, either reduce the obligation to a reasonable level or rescind the contract. Any relief depends on the specific facts, the tenancy agreement, the evidence available, and the discretion of the competent rental dispute forum. Expatriate Relocation, Job Loss, and Personal Unforeseen Circumstances In Dubai, tenants often seek early termination of the tenancy due to changes in employment, redundancy, visa cancellation, or moving outside the UAE. That doesn’t mean that a tenant can just terminate a lease without consequences under these circumstances. Article 738 of Federal Decree-Law No. 25 of 2025 allows a party to terminate a lease agreement for an intervening reason. The party seeking termination shall be liable to the other party for any losses incurred within the ordinary limitations. Unlike the hardship provisions in Article 224 that apply to exceptional and unforeseen circumstances that make performance excessively burdensome, Article 738 applies specifically to lease contracts and may be relevant in situations such as job loss, relocation, or changes in residency status. Relief under Article 738 is not automatic.  Tenants should submit supporting evidence such as documents of employment termination or visa cancellation. In deciding an appropriate resolution, the Rental Disputes Center may take into account the circumstances, the terms of the lease, notice given, and any loss suffered by the landlord. Procedural Steps and the Role of the Rental Disputes Center To properly handle early termination, tenants must adhere to the tenancy agreement, notify the landlord in writing, observe any notice period or penalties specified, and settle any outstanding rent, utilities, and other charges. They must do a final inspection and have a written handover record to avoid future disputes about damage, deductions from the deposit, or late payment. After the handover, the parties are required to complete the Ejari cancellation via Dubai Land Department or Dubai REST channels. Failing to cancel the Ejari may lead to practical and registration difficulties, such as registering a new tenancy for the same property. But the final decision on any outstanding legal or financial responsibility will depend mainly on the tenancy contract, the handover record, any written agreement between the parties and, where appropriate, any ruling from the Rental Disputes Center. In case of refusal of early termination by the landlord, retention of the deposit or an excessive penalty, the dispute can be filed before the Rental Disputes Center, established under Decree No. 26 of 2013, subject to the jurisdiction and exclusions set out in the Decree. The party should provide the tenancy contract, Ejari certificate, payment records, correspondence, identity documents, and any proof for the early termination, such as redundancy, relocation, or cancellation of visa documents. RDC cases may begin with an amicable settlement stage. If no settlement is reached, the matter may proceed before the competent rental dispute committee. Conclusion The key factors for early tenancy termination in Dubai are the tenancy contract, mutual consent, and the relevant Dubai rental laws. Normally, a tenant cannot end a fixed-term lease just by moving out. If the contract doesn’t say anything about this, the most practical way is usually to negotiate. Serious personal circumstances such as losing a job, moving, or losing a visa might be taken into account, depending on the evidence. Landlords and tenants must document any settlement in writing, complete the handover and Ejari cancellation properly, and approach the Rental Disputes Center if the dispute cannot be resolved amicably. Author: Awatif Al Khouri

Introduction The UAE has adopted large-scale initiatives to embed advanced technologies in public services, regulation, and technology-enabled dispute resolution. This evolution in the area of conflict resolution is based on a strong legislative basis that addresses the validity of electronic transactions, the admissibility of digital evidence, and the updating of civil procedures. The overall objective is to make the justice system more efficient, transparent, and accessible, while maintaining the fundamental principles of fairness and human oversight. The Statutory Pillar: Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services The main law regulating the legality of electronic transactions in the UAE is Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services. It is relevant to technology-enabled dispute resolution because it gives legal recognition to electronic documents, electronic signatures, electronic seals, automated electronic systems, and trust services, which may form part of digital transactions and electronic evidence in modern disputes. “Automated Electronic Medium” means an electronic information system that is fully or partially automated and does not require the intervention of any natural person at the time of operation or response, as defined in Article (1) of Federal Decree-Law No. (46) of 2021. This may include automated transactional systems and smart contracts. Article 11 acknowledges that contracts may be formed through prearranged and programmed automated electronic systems. These contracts shall be valid and enforceable even if no physical person shall be personally or directly involved in concluding the contract. Also, a contract may be made between an automated electronic system and a person where that person knows, or is expected to know, that the system will conclude or perform the contract automatically. The law also recognizes different levels of electronic signatures and electronic stamps. Article 19 sets out the requirements for a qualified electronic signature or stamp, including that it must identify the signatory, be linked to the signed data, and show if the data has later been changed. Article 20 further recognizes approved electronic signatures and stamps, provided they are supported by an approved authentication certificate and verified through an Approved Trust Service Provider. Federal Decree-Law No. 35 of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions Federal Decree-Law No. (35) of 2022 on Evidence in Civil and Commercial Transactions has explicitly authorized the use of electronic and digital evidence. Article 53 (1) Electronic evidence shall mean evidence obtained from data or information generated, stored, extracted, copied, sent, communicated, or received through information technology and capable of being rendered in a perceivable form. Examples include electronic records, electronic documents, electronic signatures, electronic seals, electronic correspondence, modern means of communication, electronic media, and other forms of electronic evidence as per Article 54.  Article 55 also reiterates that electronic evidence has the same legal effect as written evidence under the Law, if the relevant legal requirements are met. Where the evidence is provided in electronic or digital form, the general burden of proof continues to apply. According to Article 1 of the Evidence Law, the burden of proof is on the plaintiff to prove the right claimed and on the defendant to disprove it. Article 2 also repeats the burden of proof on the plaintiff. The facts relied upon must be relevant, material, and admissible. The judge cannot decide the case on the basis of personal knowledge. Article 10 also recognizes electronic evidence procedures, providing that all electronic evidence procedures shall be binding under the Law. The value of digital evidence in practice may depend on its reliability, integrity and traceability. Considerations include when the record was created, its source, whether it has been altered and whether it can be produced in a clear and verifiable form. Secure electronic archiving systems, including technologies such as blockchain, may help preserve audit trails, but the evidence still needs to meet the applicable legal requirements for the court. Procedural Modernization: Federal Decree-Law No. 42 of 2022 on Civil Procedure The practical application of digital court procedures in the UAE is supported by Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law. This legislation, which came into effect in early 2023, authorizes the use of remote communication technology in civil procedures and modernizes the service of process. In accordance with Article 6 of the Civil Procedure Law, notices may be delivered by a process server or in the manner prescribed by law, upon request of a party or by order of the competent court or case management office. The court, case management office or supervising judge may also empower the plaintiff or the plaintiff's agent to serve notice by the means referred to in Article 9(1). Article 6 also provides for notices to be served through licensed private companies or offices as per the relevant regulations. This is a testament to the relative flexibility of the methods of service available under UAE civil procedure, as long as the notice is served through legally recognized means and can be properly evidenced. Article 5 of the Civil Procedure Law confirms that the language before UAE courts is Arabic. It also allows the competent federal or local judicial authority to decide that English can be used in some specialized circuits, in particular, lawsuits or categories of cases. Where permitted, English may be used for the trial, proceedings, judgments, decisions, hearings, pleadings, memoranda, applications, and documents. This may be of particular relevance in specialized commercial or technical disputes, subject to conditions imposed by the relevant judicial authority. The Rise of Specialized Digital Economy Courts (DEC): The DIFC Model The Dubai International Financial Center (DIFC) has taken a leading role in creating a specialized environment for technology disputes. The DIFC Courts launched the Digital Economy Court (DEC) Division to address sophisticated transnational disputes related to technologies such as big data, blockchain, fintech, and cloud services. The DEC is governed by Part 58 of the DIFC Courts Rules. Rule 58.12 allows the Court to operate an electronic dynamic system for DEC claims, through which parties may provide information using smart forms or decision-tree software. Separately, Rule 58.11 gives the Court power to order a party to operate, modify, sign, or cancel a digital asset using any digital signature, cryptographic key, password, or other digital access or control mechanism available to that party. Alternative Dispute Resolution: Mediation, Arbitration UAE has also been at the forefront of digital dispute resolution through the enactment of laws on mediation and arbitration. Federal Decree-Law No. 40 of 2023 provides that mediation agreements can be concluded in writing or electronically. The arbitration proceedings shall be carried out physically or remotely by modern technological means, in accordance with Federal Law No. 6 of 2018, as amended by Federal Decree-Law No. 15 of 2023. Mediation settlement agreements and arbitral awards are enforceable under UAE law upon ratification or confirmation by the competent court. Conclusion The UAE’s path to technology-enabled dispute resolution is changing with the electronic transactions law, rules of evidence, digital court procedures, special mechanisms within the DIFC, and modern dispute resolution procedures. The existing framework offers important building blocks for the use of digital tools, electronic evidence, virtual hearings, and responsible use of technology. As digital adoption accelerates, courts, regulators, and practitioners need to find a balance between innovation and accuracy, transparency, data protection, and human oversight. Author: Awatif Al Khouri

Cheque bounce and debt recovery still remain very common in commercial transactions in the UAE. As businesses often depend on cheques, invoices, credit facilities and payment commitments, delays or failures in payment can very quickly lead to legal disputes. In recent years, the UAE has adopted a more pragmatic approach to bounced cheques and commercial debts. The emphasis is not just on criminal sanctions but also on more rapid procedures for civil enforcement and collection. This makes it easier for creditors to recover unpaid amounts but keeps the market financially regulated. The Legislative Transition from Penal Coercion to Civil Remedy One of the significant changes in the existing debt recovery regime in the UAE is the treatment of bounced cheque cases. Previously, the issuing of a cheque without sufficient funds could often lead to criminal proceedings. This often meant that creditors had to go through police complaints, public prosecution procedures and criminal court proceedings before they could even contemplate actual recovery. Later legislative reforms changed this position. The current rules are now in Federal Decree-Law No. 50 of 2022 on Commercial Transactions, which came into force on 2 January 2023. Under current law, a bounced cheque for lack of or insufficient funds is generally an enforceable civil debt and not an automatic criminal case. If the bank returns a cheque because there are no funds or not enough funds in the account, the cheque may be treated as a writ of execution. That means the holder of the cheque may make a direct application for compulsory execution for the whole of the amount unpaid, or for the balance unpaid, without having first to commence full civil proceedings. The execution process and challenge to the execution process shall be governed by the Civil Procedure Law. The law, however, does not entirely exclude criminal liability for conduct related to a cheque. In certain cases, however, criminal consequences remain possible, for example, if the person makes a deliberate request to the bank not to honour the cheque, closes the account, withdraws the entire balance, writes the cheque deliberately so that payment is not made, or is involved in the forgery or fraudulent use of the cheque. So, the current UAE framework differentiates between cases of simple insufficiency of cash and cases involving fraud, bad faith, or intentional blockage of payment. In the case of genuine insufficiency, the main focus is now on faster civil enforcement. However, criminal liability for fraudulent or abusive conduct may still arise under the Commercial Transactions Law and other penal legislation. The Mechanism of Direct Execution under Article 667 One of the most important procedural changes under Federal Decree-Law No. 50 of 2022 on Commercial Transactions is the treatment of certain bounced cheques as writs of execution. This gives the cheque holder a faster route to recovery without first filing a full civil case to prove the debt. Article 667 provides that where the drawee bank affixes a notice confirming the unavailability or insufficiency of funds, the cheque shall constitute a writ of execution. The bearer of the cheque may then request full or partial compulsory execution. This means that in the case of cheques returned for insufficiency of funds or lack of funds in the account, the creditor may resort to the procedure of execution directly under the Civil Procedure Law. Thus, this mode of execution can help creditors recover unpaid cheque amounts. The System of Mandatory Partial Payment Article 648 of Federal Decree-Law No. 50 of 2022 on Commercial Transactions also supports faster cheque-based debt recovery through a partial payment mechanism. Article 648(2) states that if the amount in the drawer's account is not sufficient for the payment of the full value of the cheque, the drawee bank shall make partial payment up to the available amount if the cheque bearer does not refuse to accept it. This means that the whole cheque is not considered unpaid where there are some funds available. The drawee bank shall record on the reverse side of the cheque the amount of each partial payment. The original cheque and a certificate of payment made will also be supplied to the bearer. According to Article 667 of the Law of Commercial Transactions, the original cheque on which partial payments are entered shall determine the right of the bearer to claim the remaining balance. This method is very important as it allows the creditor to recover a part of the cheque amount immediately, and the remaining balance can be pursued through execution proceedings. Moreover, in some cases, such as when there are insufficient funds, the drawer withdraws the funds after the cheque is issued or a partial payment is made; Article 648(3) provides that the drawee bank notifies the Central Bank of the account holder's data. The Scope of Criminal Liability In the UAE, laws have reduced criminal liability in simple bounced cheque cases due to insufficient funds, but criminal liability remains for some bad-faith or manipulative behaviours concerning cheques. This is mainly addressed in Article 675 of the Federal Decree-Law No. 50 of 2022 on Commercial Transactions. Under Article 675, criminal liability may arise where a person orders or requests the drawee bank, before the date of the cheque, not to cash the cheque, except in the cases permitted under Articles 651 and 656 of the Law. Liability may also arise where the drawer closes the account, withdraws all funds, or has a frozen account before issuing the cheque or before presenting it for payment. The article also covers cases where the drawer deliberately writes or signs the cheque in a way that prevents payment. The penalty under Article 675 is imprisonment for a period of not less than six months and not more than two years, and/or a fine of not less than 10% of the cheque value, subject to a minimum of AED 5,000, and not exceeding double the cheque value. In case of recidivism, the penalty is doubled. If forgery is involved, cheques should be dealt with separately under Article 676. These include forging, fabricating or knowingly using a forged or fabricated cheque. Such offences carry separate penalties. For corporate bodies, liability should be looked at under Article 683. The person in charge of the actual management can be punished only if knowledge of the offence is proved or if the offence was committed for his own interest or for the interest of a third party. Where no liability is established for a natural person, the legal person may be subject to fines and other measures pursuant to Article 683. Article 682 further provides that the filing of a criminal case does not bar the execution of the cheque or any other judicial proceedings under Article 667. So, if legal requirements are met, civil enforcement proceedings may be undertaken separately from criminal proceedings. Limitation and Procedural Bar under Article 670 One of the most important elements of debt recovery by cheque in the UAE is compliance with the limitation periods stipulated in Article 670 of Federal Decree-Law No. 50 of 2022 on Commercial Transactions. If the relevant claim is made outside the statutory period, it may not be heard if the defendant disputes the claim and the claimant has no legitimate excuse for the delay. Article 670 gives different time limits depending on who is filing the cheque claim. If the cheque bearer files against the drawer, endorser, or other liable party, the time limit is generally two years from the end of the cheque presentment period. If one liable party has paid the cheque and wants to recover from another liable party, the time limit is one year. If the claim is against the drawee bank, the time limit is three years from the end of the cheque presentment period. Article 670(4) provides an important exception. The above limitation periods do not apply to a drawer who failed to provide consideration for payment, or who provided it and then withdrew it in whole or in part. The exception also applies to claims against obligors who have earned an illicit gain. The Payment Order under the Civil Procedure Law When direct cheque execution is not available or when the debt is based on invoices or other written payment obligations, the creditor may use the Payment Order procedure under Articles 143 to 150 of Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law, as amended. The claim must be urgent and in written or electronic form, for a definite amount of money, as required by Article 143. It also covers claims arising out of commercial contracts or commercial papers, except for cheques, which are already qualified as writs of execution under Article 212(2)(d). Under Article 144, the creditor must first serve a payment notice, allowing the debtor at least five days to pay. If the debtor does not make payment, the creditor can file a petition, along with the debt instrument and evidence of the notice. The order shall be signed by the judge within three working days. If the petition is rejected, Article 145 requires the judge to give reasons. Under Article 146, the debtor must be notified of the order within three months, failing which the order becomes void. Article 148 confirms that payment orders are subject to expeditious execution. A Payment Order may be contested in accordance with Article 147 of Federal Decree-Law No. 42 of 2022. Where the value of the order is within the jurisdictional amount of the Court of First Instance, either party may file a grievance within 15 days. The competent payment order judge hears the grievance, whose judgment is final and not subject to appeal. If the value exceeds that jurisdictional amount, the order may be appealed under the usual appeal procedures and time limits. It also stipulates that the Court of Appeal shall be bound to decide the appeal itself and shall not be able to remand the claim to the Court of First Instance except where the case was filed as an ordinary lawsuit and a Payment Order was subsequently issued. Conclusion Cheque bounce and debt recovery in the UAE are now part of a more structured and enforcement-oriented legal framework. It provides creditors with practical ways of recovering due and unpaid sums by way of direct execution of qualifying cheques, partial payment procedures, payment orders or, ultimately, ordinary civil claims. However, not all bounced cheques are treated as a criminal matter under the UAE framework. It distinguishes between ordinary insufficiency-of-funds cases and conduct involving fraud, bad faith or deliberate obstruction of payment. This balance provides commercial certainty while ensuring accountability when it really matters. Author: Awatif Al Khouri

Dubai International Financial Centre, commonly known as DIFC, is one of the UAE’s most recognized financial and commercial hubs. It has its own legal and regulatory framework, its own courts, and an English-language common law system for civil and commercial matters. This makes DIFC an important place for companies, investors, entrepreneurs, and expatriates who want legal support for business, contracts, disputes, corporate structuring, and cross-border matters. A boutique law firm in DIFC is usually understood as a legal practice that focuses on specialized areas rather than offering every possible legal service. In commercial matters, this may include contract drafting, shareholder disputes, debt recovery, employment issues, regulatory support, arbitration, corporate advisory, and litigation before the relevant courts. The value of a boutique approach is often its focused attention, direct involvement of senior lawyers, and practical handling of complex business issues. Why DIFC Matters in Commercial Law The DIFC is the financial free zone of Dubai. It has a separate legal structure under the laws and regulations of DIFC. The DIFC Courts deal with civil and commercial disputes. This is especially useful for international companies, expats, and investors who are more comfortable with English-language proceedings. Dubai Law No. 5 of 2021 recognizes the DIFC’s legal and regulatory framework and identifies key DIFC bodies, including the DIFC Authority, the Dubai Financial Services Authority, and the DIFC Courts. DIFC Courts are currently regulated by Law No. 2 of 2025 on Dubai International Financial Centre Courts. These courts are important for commercial claims, disputes about contracts, enforcement matters, and disputes involving DIFC entities or contracts validly choosing DIFC jurisdiction. DIFC provides a common law environment that many businesses are familiar with but is still under the umbrella of the UAE legal system. What Commercial Lawyers in DIFC Usually Handle Commercial lawyers in DIFC support businesses at different stages. Their work is not limited to court disputes. In many cases, their role begins before a dispute arises. They may also review and draft commercial agreements such as service contracts, agency agreements, consultancy agreements, shareholder agreements, loan documents, settlement agreements, non-disclosure agreements, and terms of business. Well-drafted agreements can reduce uncertainty and clarify payment terms, termination rights, governing law and jurisdiction, confidentiality, and liability. Commercial lawyers also assist with corporate matters. This may include business setup guidance, internal governance, director and shareholder obligations, regulatory compliance, and restructuring. In DIFC, companies must also consider relevant DIFC laws, operating regulations, licensing requirements, and, where applicable, DFSA requirements. Commercial lawyers can help in disputes through negotiation, formal legal notices, settlement discussions, arbitration, DIFC Court claims, Dubai Court proceedings, or enforcement. The contract, the parties, where the business is located, and the nature of the dispute dictate which forum is the correct one. DIFC Courts and UAE Court Interaction One important thing for businesses to remember is that DIFC and mainland Dubai do not work in isolation. Certain disputes may be governed by the DIFC Courts. Other cases may be subject to the Dubai Courts or another UAE court, depending on jurisdiction and terms of contract. This is why you need to review your legal position before filing a claim. A wrong choice of forum may result in delay, additional costs, and procedural complications. Commercial lawyers will check whether the dispute has any link with DIFC, whether the contract contains a DIFC jurisdiction clause, whether arbitration applies, and whether enforcement is required in mainland Dubai or overseas. For businesses and expatriates, this practical assessment can be more important than simply starting proceedings quickly. Commercial Legal Services for Expats and Residents Expats and residents in the UAE often enter into business arrangements without fully understanding the legal effect of their documents. Oral promises, informal WhatsApp messages, unsigned agreements, unclear payment terms, and vague profit-sharing arrangements can later become major issues. Commercial lawyers can help you understand your rights and risks before a problem gets serious. Whenever a person invests in a business, lends money, guarantees payment, joins a company, leaves a partnership, or signs a commercial lease, proper legal documentation is required. In the UAE, courts generally place heavy reliance on written documents, payment trails, correspondence, official registrations, and the conduct of the parties. So practical legal help often involves creating a proper paper trail, preserving evidence, and ensuring that contracts reflect the real intent of the parties. In commercial disputes and legal advisory matters, the involvement of an experienced UAE advocate can be of considerable importance, particularly if a matter may cross over into negotiation, court proceedings, enforcement, or settlement. Mrs. Awatif Al Khouri, a senior Emirati advocate, is often involved in the assessment of disputes from a legal and practical perspective. Her experience is relevant where commercial matters require careful review of contracts, payment history, procedural strategy, and the appropriate forum for action. Conclusion A DIFC boutique law firm can provide dedicated legal support to businesses, investors, expats, and residents on commercial contracts, disputes, corporate, and enforcement issues. DIFC’s English-language common law system is an important legal forum in Dubai but should be viewed in the context of the wider UAE legal system. Commercial lawyers play a practical role in dispute prevention, document review, evidence protection, settlement negotiation, and choosing the correct forum when litigation is required. With the guidance of experienced law firms such as Awatif Mohammed Shoqi Advocates and Legal Consultancy, clients can approach DIFC and UAE commercial matters with a clearer strategy, stronger documentation, and a better understanding of their legal position. Author: Awatif Al Khouri

Real estate is one of the most valuable investments a person can make in the UAE. Whether it involves a home, an off-plan property, a rental unit, a commercial space, or jointly owned property, disputes can become stressful very quickly. A real estate dispute lawyer in the UAE helps parties understand their rights, assess the strength of their case, prepare documents, and take the correct legal route before the matter becomes more expensive or complicated. Real estate disputes in the UAE may involve buyers, sellers, developers, landlords, tenants, investors, brokers, property managers, and owners’ associations. Since each type of dispute may fall under a different legal framework or forum, early legal guidance can make a major difference. Common Real Estate Disputes in the UAE Real estate disputes can arise at various stages of a property transaction. Some problems arise before the contract is signed; others arise after payment, handover, occupation, or registration. Common disputes include: Disputes on sales and purchases This may be a delayed transfer, non-payment, disagreement on contractual obligations, non-completion of the sale, or cancellation of the sale and purchase agreement. Off-plan property disputes Buyers may face delayed construction, project cancellation, non-registration, changes in project specifications, or disputes over termination and refund. Landlord and tenant disputes Most rental disputes are about rent increases, eviction notices, unpaid rent, maintenance obligations, security deposits, renewal terms, or early termination. Property defect and maintenance disputes Owners and tenants can complain about leakages, structural problems, bad repairs, air-conditioning failures, or building management failures. Brokerage and commission disputes Disputes may occur where parties disagree on whether commission is payable, whether a broker introduced the transaction, or whether the broker acted within proper authority. Joint ownership and building management disputes These can involve service charges, common area maintenance, owners’ association issues, or disputes with management companies. Key UAE Laws Relevant to Real Estate Disputes The UAE has a number of legal rules that may apply depending on the emirate, the type of property, and the nature of the dispute. In Dubai, tenancy dispute cases are mainly governed by Law No. 26 of 2007, as amended by Law No. 33 of 2008, and most rental disputes are dealt with by the Rental Disputes Settlement Centre, subject to certain exceptions. For off-plan property in Dubai, Law No. 13 of 2008 concerning the Interim Real Property Register, as amended by Law No. 19 of 2020, is important. The law deals with registration of off-plan sales and includes procedures relating to purchaser default and termination. The UAE Civil Transactions Law, Federal Law No. 5 of 1985 (as amended), also governs contractual disputes. This law remains a fundamental basis for civil obligations, contracts, compensation, and property-related civil claims in the UAE. Why a Real Estate Dispute Lawyer in the UAE Matters A real estate dispute is not only about proving that something went wrong. It is also about choosing the correct remedy and the correct forum. A buyer may want cancellation and a refund. A landlord may want to evict for unpaid rent. A tenant may want compensation or return of the security deposit. An owner may want urgent repairs or damages for loss suffered. A UAE real estate dispute lawyer can assist in reviewing the contract, payment records, notices, title documents, Ejari records, DLD records, correspondence, handover documents, inspection reports, and any expert evidence. This helps in determining whether the problem is contractual, regulatory, procedural, or evidentiary. In a dispute relating to an off-plan property, for example, the lawyer may look into whether the sale was properly registered, whether the developer followed the necessary process, and whether the payments were collected under the applicable framework. Dispute Resolution Options Not every real estate dispute should be taken straight to court. Many things can start with a negotiation, written notice, mediation, or settlement talks. However, where the dispute cannot be resolved, formal proceedings may be required. In Dubai rental disputes, the Rental Disputes Settlement Centre is commonly the forum for landlord and tenant claims. For sale and purchase disputes, developer disputes, ownership disputes, or compensation claims, the competent court or authority depends on the facts, the contract, and the location of the property. Some contracts may also contain arbitration clauses, which can change the route for resolving the dispute. A careful legal review is important before filing a claim. Filing in the wrong forum, claiming the wrong remedy, or missing key evidence may weaken the case. Documents Usually Needed A party involved in a real estate dispute should collect the relevant documents as early as possible. These may include: Contract of sale and purchase or tenancy Payment receipts and bank wire transfers Title deed or Oqood or DLD registration papers Ejari certificate, in case of a rental dispute Email, text messages, and formal notices Handover records and snagging reports Maintenance complaints and inspection reports Photographs or videos of defects Any expert or technical report Copies of cheques, invoices, or statements of account Good documentation often decides the strength of a real estate dispute. Practical Steps Before Taking Legal Action It is useful to identify the main issue clearly before starting a claim. Is the dispute about payment, delay, cancellation, defects, eviction, rent increase, or registration? When the issue is clear, the next step is to look at the contract and the relevant law. Clear written notices are generally more effective than repeated oral complaints. It creates a record, gives the other party a chance to respond, and may be useful in supporting your claim later on. Having experience with the UAE courts can be an important asset in complex real estate disputes, particularly where the issue is related to property registration, contractual default, developer obligations, enforcement proceedings, or urgent remedies. Mrs. Awatif Al Khouri is an Emirati advocate with rights of audience before the UAE courts, bringing considerable local litigation experience to disputes that require legal strategy, procedural accuracy, and diligent evidence handling. Conclusion Real estate disputes in the UAE can carry significant financial risk, especially where the property is an investment, family home, or commercial asset. A UAE real estate dispute lawyer helps the parties understand the correct legal position, preserve evidence, assess remedies, and choose the right dispute resolution route. Whether it is an off-plan purchase, rental disagreement, property defect, delayed handover, unpaid rent, or ownership dispute, early legal advice can help prevent mistakes and protect the party’s position. With the counsel of experienced UAE litigation professionals like Mrs. Awatif Al Khouri, parties can approach real estate disputes with a more strategic approach and a greater understanding of their rights. Author: Awatif Al Khouri

Background Our clients, the trademark owner and the transferee of the mark, were represented by the Emirati Advocate Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, who personally led the dispute that arose from a long-standing commercial licensing arrangement under which our client, as the registered owner of two trademarks, granted a related company the right to use those marks in its commercial activities. Under that arrangement, the owner of two trademarks permitted a related company to use those marks in its business activities. The arrangement continued for more than two decades and was part of a broader family-affiliated business structure that comprised several companies and individual heirs following the passing of the family patriarch. The dispute came to a head when our client formally transferred the trademarks to a new holder in the family. After that transfer, a formal demand was made that the licensee cease all use of the marks. The licensee and its affiliates initiated proceedings before the Dubai Court of First Instance, challenging the validity of the transfer and asserting exclusive and enforceable rights to continue using the trademarks. Through Awatif Mohammed Shoqi Advocates and Legal Consultancy, our clients successfully defended those claims in full and counterclaimed for termination of the licensing arrangement on the basis that the licensee had never paid the agreed consideration for the use of the marks during the entire life of the arrangement.   Court of First Instance The Court appointed an expert to examine the licensing arrangement, both in terms of its nature and its effect. The expert said that the agreement didn't deprive the trademark owner of the right to use the marks or transfer the ownership to someone else. He also said that the licensee couldn't use the license against third parties because it hadn't been registered with the relevant authority, and further stated that no payment had been made for the agreed-upon consideration during the life of the agreement. On the basis of those findings, the court ruled to order the termination of the licensing agreement and directed the licensee to pay our clients the outstanding sums due, together with expenses and legal fees, and also ordered the removal of the trademark from the relevant commercial licenses, physical signage, and digital advertising channels. Conclusion This matter illustrates several important principles that arise in trademark licensing disputes before the UAE courts. The outcome of this case also demonstrates the importance of proactive case management during proceedings. Through the diligent efforts of Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and legal Consultancy, our clients secured a successful termination of the licensing agreement and the removal of the trademark from the relevant commercial licenses, physical signage, and digital advertising channels. Author: Awatif Al Khouri  

The UAE has developed a strong legal framework for protecting intellectual property and resolving commercial brand disputes. This framework is supported by major legislative reforms, including Federal Decree-Law No. 36 of 2021 on Trademarks, supported by the Cabinet Decision No. 57 of 2022 on Executive Regulations of the 2021 law on Trademarks, Federal Decree-Law No. 38 of 2021 on Copyrights and Neighboring Rights, and Federal Decree-Law No. 50 of 2022 on Commercial Transactions. These laws collectively protect registered trademarks, creative brand assets, commercial identity, and fair business practices. They also give brand owners practical remedies for infringement, misuse of branding, counterfeiting, and unfair commercial conduct in the UAE market. Brand disputes often occur when businesses use the same name, logo, packaging, online branding, or product presentation, causing confusion in the marketplace. They can also arise where a former distributor, franchisee, agent, employee, or commercial partner continues to use brand assets after the business relationship ends. In a competitive market such as the UAE, with the presence of local and international brands on physical and digital platforms, early protection of intellectual property rights is essential. Trademark Rights & Brand Protection in the UAE The current trademark regime is based on Federal Decree-Law No. 36 of 2021, which formally abrogated the prior Federal Law No. 37 of 1992. The new law was designed to be broad-based, addressing the shortcomings of the previous framework and incorporating international best practices derived from the UAE's accession to a number of global treaties, most notably the Madrid Protocol. The law has greatly expanded the notion of what a trademark is to account for the intricacies of contemporary marketing and digital branding. Trademark Registration, Refusal, and Disputes Under Federal Decree-Law No. 36 of 2021, a trademark may include names, words, symbols, drawings, pictures, packaging, graphic elements, forms, or any combination of them. The law also recognizes non-traditional marks such as three-dimensional marks, holograms, sounds, and smells. Trademark disputes can happen during the registration process if the mark is not distinctive, is deceptive to the public, includes protected symbols, contains someone else’s trade name or personal identifiers without permission, or is the same as or similar to a mark that is already registered or has been filed. Any person having an interest may file a reasoned objection within 30 days after publication of an accepted application and the applicant shall have 30 days from notification to respond. The Ministry of Economy manages the Trademarks Register, while the Trademarks Grievances Committee hears challenges against Ministry decisions rejecting or suspending registration. Trademark protection lasts for 10 years from the date of filing and may be renewed for further 10-year periods. However, a mark can be canceled if it has not been used for five consecutive years without a valid reason. Where infringement occurs or is imminent, the trademark owner may seek urgent provisional measures under Article 47 by applying to the Magistrate of Summary Justice at the competent Civil Court. The court may order such measures as preserving evidence, describing the infringement, seizing infringing goods or related tools, and preventing infringing goods from entering commercial channels or being exported. The owner may also claim The owner may claim also compensation before the Civil Court under Article 48. Serious cases such as counterfeiting, bad faith use, or knowingly trading in counterfeit marks may result in imprisonment and fines of AED 50,000 to AED 1,000,000 (Articles 49 to 52). Penalties are doubled for repeat offenses, closure of the facility, and tools and materials confiscated, and the conviction being published at the offender’s expense. Brand Protection in Commercial Transactions Law The law governing commercial transactions has special requirements to protect the integrity of the brand labels throughout the supply chain. For example, Article 233 prohibits commission agents from altering the marks on the goods received from or for the account of a principal. This ensures that the consumer receives the goods in the form that they were actually branded by the manufacturer or brand owner. Article 109 also allows agreements that prohibit buyers of trademark-protected goods from selling below a certain price, although the court may invalidate such conditions for “necessary commodities”. Above all, the new law has reduced the prescription period for commercial obligations between merchants to 5 years as per Article 110 of the law. This means that brand owners should promptly detect and react to contract breaches or unfair competition acts in order to avoid the expiry of the limitation period for their claims. Supply chain or contractual relationships can also lead to commercial brand disputes. For instance, disagreements could arise if an agent, distributor, commission agent, or buyer misuses the brand, changes labels, sells outside agreed channels, or otherwise behaves in a manner that affects the commercial value of the brand. That is why, besides trademark and copyright protections, commercial law obligations are relevant. Copyright and Commercial Brand Assets The Copyright Law protects a wide variety of works, including books, smart applications, architectural designs, and works of applied and plastic arts. For commercial entities, copyright offers a powerful tool against the unauthorized reproduction of their creative branding materials. Article 5 of Federal Decree-Law No. 38 of 2021 provides for the protection of moral rights, and Article 7 provides for the author’s right to authorize the use of the work. According to Article 20, economic rights are normally protected for the life of the author and further for 50 years, while works of applied art are protected for 25 years from the first calendar year after first publication. Copyright is especially relevant when the dispute is about creative brand materials and not the mark itself. It can be advertising copy, website designs, product catalogs, photographs, illustrations, packaging artwork, software interfaces, or social media visuals. In these cases, the question is not so much whether a trademark has been copied, but whether protected creative work has been copied, adapted, or used without permission. Enforcing Copyright in Commercial Disputes Copyright enforcement also provides for immediate court relief. Pursuant to Article 35 of Federal Decree-Law No. 38 of 2021, the author or his successor may request the Magistrate of Summary Justice to issue an order to stop the publication, display, or production of an unauthorized work, seize original copies or reproduction materials, preserve evidence of the infringement, and seize the revenues resulting from the unauthorized publication or display. The court may require a surety. The claimant shall file the main civil claim within 20 days from the order, otherwise the measure shall become ineffective. Conclusion UAE’s New Trademark, Copyright & Commercial Transactions Laws Create Stronger Framework for Protecting Brand Identity in Modern Market. These laws acknowledge that commercial brands are not just names and logos, but may also encompass packaging, creative designs, digital content, product presentation, and reputation built up through trade. The key for businesses and brand owners is to move early. Good registration, clear ownership records, careful monitoring, and timely enforcement can help prevent misuse, counterfeiting, and unfair commercial practices. As intellectual property and commercial brand disputes grow more complex, the UAE legal framework provides practical tools to protect valuable brand assets and preserve market confidence. Author: Awatif Al Khouri

Introduction When parents go through separation or divorce in the UAE, one of the most important concerns is child custody. Alongside legal rights and responsibilities, many people also want a clear answer to a practical question: How much will a child custody lawyer's fees be in Dubai? The solution may vary. Legal fees vary according to the complexity of the case, the level of dispute, and the stage of the procedures. This blog discusses the elements impacting pricing and what to expect when budgeting for a custody case in Dubai. What qualifies a child custody case? The key rules that govern child custody in the UAE are Federal Decree-Law No. 41 of 2024 on Personal Status (for Muslims) and Federal Decree-Law No. 41 of 2022 on Civil Personal Status. The law is very much focused on the best interests of the child. Courts may look at issues such as: Physical custody (where the child lives) Power of Attorney (the right to make decisions) Guardianship Right of access Travel authorizations Obligations in respect of child support In these cases, the emotional and legal complexity often necessitates legal representation, especially when there is disagreement between parents. Typical Legal Fee Structure in Dubai Child custody lawyer fees in Dubai are usually structured in one of the following ways: Fixed Fees (Per Stage) Some lawyers charge a fixed fee for each stage of the case. For instance: Consultation and case review. Filing a lawsuit Testimony before the Family Advisory Committee. Court proceedings Cost per hour Legal advice and consultation can be charged at an hourly fee by lawyers. Full Case Package In more complex matters, lawyers may offer a full-service package covering the entire custody case. Factors That Affect Child Custody Lawyer Fees There is no “one-size” cost because several factors influence the final legal bill: Complexity of the Case Simple, uncontested custody arrangements cost less. Disputes involving relocation, travel bans, or allegations increase costs. Level of Conflict Between Parents If both parties agree on custody terms, legal work is minimal. If there are disputes over: Custody rights Financial support Allegations of misconduct Then the case becomes longer and more expensive. Court Involvement and Appeals Cases that go beyond the initial stage may include: First Instance Court Court of Appeals Court de Cassation Legal costs at each level. Priority of Applications Emergency requests including: Bans on travel Orders for immediate custody May have to file urgent filings and pay extra fees. Additional Costs to Consider Apart from legal fees, there are other expenses involved: Court filing fees: Translation costs Expert reports Typing and administrative fees These costs can add to the overall expense. Is Hiring a Lawyer Necessary? In Dubai, it is possible to initiate family matters through the Family Guidance Committee, which aims to resolve disputes amicably before court proceedings. However, legal representation becomes essential when: There is disagreement on custody. One parent is uncooperative. There are international elements (travel or relocation) The case involves financial or legal complications. A lawyer ensures that your position is clearly presented and aligned with UAE law. Strategic Approach to Legal Costs One important point many overlook is that cost is not just about price but about outcome. A poorly handled case may result in: Loss of custody rights Limited visitation rights Legal issues over the long term So it’s important to do it strategically. Professionals like Mrs. Awatif Al Khouri have been involved in complex custody matters where legal planning has to take into account both the law and the practical realities of family life. Often, the focus is on resolving disputes effectively while safeguarding the long-term interests of the child. How to Choose the Right Lawyer on a Budget Think about not just choosing the lowest fee: Transparent upfront costs Experience in UAE family law Ability to handle negotiation and litigation Practical, solution-oriented advice Sometimes, a good legal strategy will save money in the long run by avoiding a long legal battle. Conclusion The cost of a child custody lawyer in Dubai can vary greatly. The final count depends on the nature of the case, the level of conflict, and how far the matter progresses in court. More importantly, custody cases are not just financial decisions. They have long-term effects on both the parent and the child. This is why experienced legal guidance is essential. Practitioners like Mrs. Awatif Al Khouri often stress the need to balance legal strategy with the child’s stability, making sure that the outcomes are not just legally sound but also practical in real life. The bottom line: knowing the cost structure helps you plan better, but it is the choice of the legal approach that determines the result. Author: Awatif Al Khouri

Introduction If you are dealing with a separation or divorce in the UAE, one of the most urgent concerns is often: how long will a child custody case take in Dubai? There isn't always a clear answer. Custody cases in Dubai go through a normal legal process, but the timing can change based on a number of factors, such as how complicated the case is and how well the parents work together. This guide breaks down the process step by step, so you understand what to expect and how long each stage may take. Understanding Child Custody in Dubai Under UAE law, child custody is governed by: Federal Decree Law No. 41 of 2024 (Personal Status Law) Federal Decree Law No. 41 of 2022 (Civil Personal Status Law) Custody decisions are always made in the best interests of the child, and courts strive to resolve problems as expeditiously as possible. Step-by-Step Timeline of a Child Custody Case in Dubai Family Guidance Committee Stage Before going to court, parents must attend a mandatory mediation session at the Family Guidance Committee. UAE law says that this step is required by law. The goal is to find a solution that everyone can agree on. If both sides agree, the case ends here. If no agreement is reached, a referral letter is issued, allowing the case to proceed to court. Filing the Case in Court When mediation doesn't work: A custody case is officially filed with the Personal Status Court. Documents are submitted, such as the marriage certificate, information about the child, and supporting evidence. The court schedules the first hearing. Court Hearings and Proceedings This is the main phase of the case. During this stage: Both parents present their arguments Evidence is reviewed, including financial capability and living arrangements Witnesses may be examined if required The court may appoint a social expert to assess the child’s welfare If the matter is straightforward, the court may issue a decision within a few hearings. However, disputes over relocation, travel, or financial support can extend this phase. Expert Reports (If Required) In many custody disputes, the court appoints a family or social expert to evaluate: The child’s living conditions Emotional and psychological well-being Each parent’s ability to care for the child This report plays a crucial role and can slightly extend the timeline. First Instance Judgment Once hearings conclude: The court issues its judgment Custody, visitation rights, and travel restrictions are decided Appeal Stage (If Filed) Either parent has the right to appeal. The Court of Appeal reviews the case It may uphold, modify, or overturn the judgment Cassation Stage (Optional) In limited cases, a further appeal may be filed before the Court of Cassation. Total Estimated Timeline Most child custody cases in Dubai typically take a few months to around a year, depending on the level of dispute and whether appeals are involved. What Can Delay a Child Custody Case in Dubai? Several factors can extend the timeline: Disputes over child relocation or travel permissions Financial disagreements related to maintenance Lack of cooperation between parents Requests for expert evaluations Appeals filed by either party. In high-conflict cases, the court takes additional time to ensure the child’s best interests are protected. From a practical point of view, experienced lawyers often try to settle disputes quickly to avoid long court cases. Professionals like Mrs. Awatif Al Khouri have emphasized that having a plan early, keeping good records, and clear legal positioning can all help speed up custody cases. When issues are clearly presented and backed up by evidence, courts tend to move faster. Tips to Speed Up the Process If you want to avoid unnecessary delays: Try to resolve issues during mediation. Keep all documents ready and organized. Avoid unnecessary arguments over small things. Strictly follow the rules of the court. Get legal help as soon as possible. The case will be resolved faster if both sides work together. Final Thoughts A child custody case in Dubai can take anywhere from a few months to more than a year, depending on how complicated it is and whether there are appeals. Even though the legal process is set up, delays often arise from disputes between parents rather than the system itself. In many cases, Mrs. Awatif Al Khouri highlights how strategic case handling, early settlement efforts, and proper legal planning can make a significant difference in reducing timelines and achieving a smoother outcome. Ultimately, the courts prioritize the child’s welfare above everything. Author: Awatif Al Khouri

The UAE has become a global hub for blockchain innovation and virtual asset investment, thanks to the rapid growth of the digital economy. In parallel to its emergence as a leading financial center, the jurisdiction has also developed a sophisticated legislative framework to respond to the challenges posed by cross-border digital financial crime. It is important to understand how the UAE deals with extradition requests and the nature of prosecutions for cyber-enabled crimes for both cryptocurrency and international criminal law. This article examines the legal structures and enforcement procedures for the extradition of persons accused of crimes using cryptocurrency. Legislative foundations of international judicial cooperation The primary framework for international judicial cooperation in the United Arab Emirates is provided by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters. This law is the basic text for all extradition cases. It contains the procedural and substantive requirements that must be satisfied before a wanted person is turned over to a foreign authority. This law was recently updated and amended by Federal Decree Law No. 38 of 2023, which introduced key amendments to enhance the effectiveness of mutual legal assistance and, at the same time, ensured robust protections for individual rights and national sovereignty. Article 7 of Federal Law No. 39 of 2006 indicates that there are several strict conditions that must be met for an extradition request to be considered valid. The offense for which surrender is requested shall be an offense punishable by imprisonment for a period of at least one year under the law of the requesting State.  Article 7(4) explains that the legal classification or language used by the two states does not need to be the same, as long as the conduct is a criminal offense under the laws of both states. The 2023 amendments provide some flexibility in respect of petitions involving more than one offense. Under Article 8, the competent authority has the discretion to authorize surrender for all offenses listed in a request, even if some of the offenses do not meet the minimum sentence requirements, as long as the main charges satisfy the legal requirements for extradition. Mandatory and discretionary grounds for refusal The United Arab Emirates has a clear list of conditions under which it must refuse extradition. The Federal Law No. 39 of 2006, Article 9, prohibits the surrender if the person sought is a citizen of the UAE, or if the UAE judicial authorities have jurisdiction over the offense, or if the offense is political in nature. The person sought shall also not be surrendered if he has already been investigated, tried, convicted, or acquitted for the same offense, if a final judgment has been issued, or if the criminal case or sentence has become time-barred. Important grounds of protection are also laid down in Article 9. Surrender shall not be granted if there are reasonable grounds to believe that the request is made for the purpose of prosecuting or punishing the person on account of his race, sex, religion, nationality, or political opinion, or that such grounds may prejudice the position sought by the person. Article 9(10) further provides that surrender shall be refused if the person sought has been or may be subjected to torture, inhuman or degrading treatment, or a disproportionately harsh sentence or if the minimum guarantees under the UAE Criminal Procedure Law are not available. Substantive criminalization of cryptocurrency-related offenses In cryptocurrency-related extradition cases, the requesting state must also show that the underlying conduct is punishable in the UAE. The relevant UAE provisions will be fact-specific. It is particularly governed by Federal Decree-Law No. 34 of 2021 on Countering Rumors and Cybercrimes in respect of the misuse of Digital Assets through websites, electronic systems, information networks, or other information technology tools. For example, unauthorized access to an electronic system, hacking of accounts or platforms, acquisition of passwords or access codes for unlawful purposes, and online fraud may fall within the Cybercrime Law where the required elements are satisfied. Article 30 may also be relevant where electronic systems are used to transfer, deposit, acquire or conceal funds derived from unlawful sources. In addition, where cryptocurrency is used to disguise or move illicit proceeds, UAE anti-money laundering legislation may also apply. Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) frameworks The UAE has undertaken major legislative reforms to bring its AML/CTF regime in line with the standards set by the Financial Action Task Force (FATF). This led to the issuance of Federal Law No. 10 of 2025 to replace Federal Decree Law No. 20 of 2018, creating a detailed framework that explicitly included virtual assets and the activities of Virtual Asset Service Providers (VASPs). The most significant change made by the 2025 law is probably lowering the evidentiary bar for proving knowledge in money laundering offences. Article 2 now allows that the knowledge that the funds are proceeds of a crime can be inferred from the objective circumstances of the case. ‘This means liability can arise where a person either actually knew or should have known about the illicit nature of the funds – a development that places a heavy burden of due diligence on exchange operators and custodial service providers. The 2025 law also introduces new crimes centering on abuses of digital systems. Article 35 (2) criminalizes “the act of enabling a third party to benefit from an account within a financial institution or VASP where a person has reason to believe that the account will be misused”. This is an important provision to combat the use of mule accounts in cryptocurrency fraud. Moreover, Article 5(2) allows the Chief of the Financial Intelligence Unit to order the freezing of funds suspected of being related to money laundering, the financing of terrorism or the financing of proliferation, including funds held with financial institutions, DNFBPs or VASPs, for a period not exceeding thirty days, which can be extended by the Attorney General or his delegate. International cooperation in AML matters shall be governed by Article 21 of the Federal Decree-Law No. 10 of 2025. The UAE may enforce foreign judgments or judicial orders for provisional measures or confiscation of criminal property or funds of equivalent value in relation to predicate offenses or money laundering offenses, without conducting a separate national investigation. It also requires competent authorities to give priority to requests for cooperation and provides for judicial assistance in tracing, freezing, seizing and confiscating criminal funds or assets, whether held through financial institutions, DNFBPs or VASPs. Virtual Assets Regulatory Authority (VARA) The Emirate of Dubai has a specific regulatory environment for virtual assets, thanks to the establishment of the Dubai Virtual Assets Regulatory Authority under Law No. 4 of 2022. VARA is the first independent regulator dedicated to virtual assets, and its laws apply to all organizations operating in Dubai, including its free zones, but excluding the Dubai International Financial Centre (DIFC). Licensed VASPs must comply with strict anti-money laundering and Know Your Customer requirements. They are also required to follow the Travel Rule for virtual asset transfers, which means collecting and transmitting required information about the originator and the beneficiary of a transfer. This helps ensure that suspicious or potentially criminal cross-border virtual asset transactions can be traced. Procedural stages of the extradition process Extradition of a person from the United Arab Emirates is a complex intersection of the judicial and executive branches. The process typically begins with an international alert (e.g. an INTERPOL Red Notice) which enables a provisional arrest before a formal request is made. Once a provisional arrest has been affected, the requesting State is to submit a formal extradition request through diplomatic channels. The application is sent to the Central Authority (the Ministry of Justice) which checks the formal requirements. The request shall be accompanied by a number of essential documents translated into Arabic in accordance with the provisions of Article 11 of Federal Law No. 39 of 2006, including a detailed description of the wanted person with photographs, a certified copy of the arrest warrant or the final judgment, a statement of the factual circumstances of the case and the exact text of the legal provisions applicable to the crime in the requesting state. The Central Authority then transmits the request to the Public Prosecution, which opens a hearing before the competent Court of Appeal. The court will look to whether the request is legal by looking to whether the requirements of dual criminality and minimum sentence are met. If the Court of Appeal upholds the extradition, the person has thirty days to file an appeal with the competent court. Summary and temporary extradition Under Articles 13 and 14 of Federal Law No. 39 of 2006, accelerated surrender is provided for where the request is for one state and the requested person gives written consent to the surrender. Such written consent shall identify the person and the case, and shall state that it is given voluntarily and with full knowledge of the legal consequences thereof. Article 10, for its part, provides for temporary surrender where the person is already subject to investigation or prosecution in the UAE for another offence. Where this is the case, extradition is normally deferred until the conclusion of the UAE proceedings. However, the UAE may temporarily surrender the person on the condition that the requesting State shall return the person as soon as practicable after a decision is issued, or within such time as may be specified by the UAE, not to exceed six months from the surrender. Conclusion The United Arab Emirates has set up a sophisticated and robust legal framework to tackle the complexities of extradition and cryptocurrency crimes. Federal Law No. 39 of 2006 concerning international judicial cooperation in criminal matters, amended by Federal Decree Law No. 38 of 2023 simplifies the process of extradition for a number of offenses and strengthens the procedures for provisional arrest. Federal Decree Law No. 34 of 2021 provides a substantive basis for the criminalization of unauthorized access, money laundering through digital systems and unlicensed promotion. The AML/CTF Law 2025 (Law No. 10) includes virtual assets and provides for the enforcement of overseas seizure orders. Under Dubai Law No. 4 of 2022, VARA is required to ensure regulation by applying KYC/AML and Travel Rules to commercial crypto activities. Author: Awatif Al Khouri