Awatif Mohammad Shoqi Advocates & Legal Consultancy

Introduction: The UAE has introduced a new competition law and abrogated the old competition law, federal law No. 4 of 2012. The new federal decree law No. 36 of 2023 on the regulation of competition sets forth competition practices and measures against commercial monopolies. By introducing new rules and regulations, as well as penalties that will prohibit practices that damage competition and establish regulatory support, this new competition law will help improve fairness, competition, and consumer protection. In accordance with Article 1 of the new competition law, it stipulates the important definitions, such as: Competition: Participating in economic activities within the market system without any adverse influence or restrictions that may be detrimental to consumer interests, development, or trade. The Relevant Market: A geographical area that refers to identical products or services that may satisfy specific consumer needs based on price, characteristics, and uses. Establishment: Any entity that is engaged in economic activity, irrespective of its legal structure, including its main office, branches, or associated individuals or groups. Agreements: Any written or verbal, explicit or implicit, partnership between two or more establishments. Dominant Position: An organization with the ability to control and influence activities in a relevant market. Scope of the new competition law: Article 3 of the new competition law applies to all businesses in the UAE, no matter what kind of legal structure they have. This includes individuals, groups of individuals, head offices, branches, and representative offices. Additionally, the utilization of intellectual property rights within or outside the UAE and economic activities that are conducted outside of the UAE influence competition within the UAE. Commercial agency laws also prohibit allowing agreements that are intended to divide markets or assign customers in a way that harms competition or makes it impossible for new companies to enter the market. In accordance with article 6 of the new competition law, businesses are prohibited from engaging in activities that abuse their dominant position. Article 7 states that businesses cannot exploit customers without alternative marketing or supply sources, discriminate between similar contracts, or apply pricing or resale conditions that force customers to avoid competitors or refuse common trading conditions without legal reason. Further, article 8 prohibits low-priced products from excluding a business. General price reductions under Federal Law No. (15) of 2020 on consumer protection, and the liquidation of commercial shops are exempt from these provisions. The council of ministers may reject offers or practices that are too low in price, depending on the state of the economy. Moreover, Articles 6 to 8 of the new competition law regulate fair competition through an extensive regulatory structure that targets abuse of monopoly status, unfair pricing conditions, discrimination, and excessive control over production. Administrative Penalties: According to Article 23, the council of ministers may decide on the administrative penalties to be imposed on businesses for violations. The following articles 24–29 specify the legal consequences for violators. The administrative penalties may be imposed up to AED 100,000 and fines ranging from 2% to 10% of total annual sales in the previous fiscal year. However, if it is impossible or difficult to calculate the total sales, the fine may be imposed at a minimum of AED 500,000 and a maximum of AED 5,000,000. Moreover, the court may order the business's closure for three to six months, and it may issue orders prohibiting or preventing actions until a final decision is taken. Procedure for Addressing Violations: In accordance with new competition law, a structured framework has been established for the purpose of addressing violations through specific and easily accessible procedures. The ministry or the concerned authority may allow the right to file complaints to interested parties. In specific circumstances, criminal proceedings may be initiated upon receipt of a written request from the minister. Additionally, within 15 working days of the notification date, there is an opportunity to file a written grievance, as well as the right to file an appeal in the event that the grievance is rejected. Conclusion: New competition law promotes economic freedom, prohibits anti-competitive agreements, monitors economic concentration to promote fair competition, prevents monopoly status, and safeguards consumer welfare.

Introduction: Investing in off-plan properties in Dubai presents an attractive opportunity for prospective homeowners and investors alike. However, navigating this market requires vigilance and awareness of potential risks to ensure a secure investment. Dubai Law No. 13/2008 on the Interim Real Estate Register establishes essential regulations to protect buyers and uphold standards in the off-plan property sector. Key Considerations for Investors: Under Article 3 of the Dubai Law No. 13/2008, all actions involving off-plan sold real estate units must be registered in the Interim Real Estate Register to validate any sale or property transfer. Non-registration can render any sale or property transfer actions void. Ensure that any off-plan property you consider is registered in the Interim Real Estate Register within the mandated 60-day period. Failure to register could risk the validity of the transaction. According to Article 4, the developers are prohibited from commencing project execution or off-plan sales without obtaining necessary land and approvals from competent authorities. The Department must note the project on the cadastre. Verify that developers have acquired the necessary land and approvals from Dubai's competent authorities before marketing or selling units off-plan. Further Article 5 outlines the application process for registering interim real estate units, requiring specific data and documents as per procedures set by the Dubai Land Department. Conduct thorough due diligence through government authorities like the Dubai Land Department or the Real Estate Regulatory Agency. Confirm the project's registration status, existence of an escrow account, and possession of all required permits. As per Article 7, the developers are restricted from charging fees for selling or reselling completed or off-plan units without approval, with approved administrative expenses exempt. Be careful of developers charging unauthorized fees for off-plan property transactions. Only approved administrative expenses should be levied, as regulated by the Land Department. According to Article 6, off-plan units registered in the Interim Real Estate Register can be legally sold, mortgaged, or subjected to other legal actions. Article 8 mandates that completed projects must be registered in the real estate register upon obtaining a completion certificate, with units registered in the purchaser's name upon fulfilment of contractual obligations. Article 12 stipulates that the area of a sold real estate unit is final upon delivery, with developers unable to demand additional payment for increases in area post-delivery but required to compensate purchasers if the area is smaller. Article 13 empowers the Director General of the Department to report and refer developers or brokers who violate the law to competent investigation authorities. Red Flags to Watch Out For: Unregistered Projects: Avoid investing in off-plan properties that have not been registered within the specified timeframe. Registration safeguards your ownership rights and ensures legal protection. Developer Defaults: Research the developer's reputation and track record. Instances of default on previous projects or financial instability could pose risks to your investment. Legal Non-Compliance: Any deviations from Dubai's regulatory framework, such as unauthorized fees or lack of proper approvals, should raise concerns about the project's legality. Incomplete Documentation: Inadequate or incomplete documentation from the developer regarding permits, approvals, or contractual terms should be thoroughly reviewed and clarified before proceeding. Size Inconsistencies: Be vigilant regarding the final area measurements of the property. Developers should adhere to agreed-upon sizes, with compensation required for any inconsistencies.  Conclusion: Investing in off-plan properties in Dubai offers promising returns, but it's essential to approach the process with caution and thorough research. By understanding and adhering to Dubai's legal framework outlined in Dubai Law No. 13/2008, investors can mitigate risks and secure their home or profitable investment property with confidence. Always seek professional advice and ensure all transactions comply with regulatory requirements to safeguard your interests in this dynamic real estate market.  

Introduction: Owning exotic animals can be tempting for some residents or citizens in the UAE, drawn by the fascination of unique and rare species. However, navigating the laws and regulations concerning the possession of such animals requires a careful understanding of Federal Law No. 22/2016 and its implementing regulations. Laws Governing ‘Dangerous Animals’: In the UAE, the ownership, possession, trading, and breeding of dangerous animals are strictly regulated. According to Article 3 of Federal Law No. 22/2016, individuals and entities are prohibited from owning, possessing, trading, or breeding dangerous animals unless they hold a specific license issued under certain conditions. Exceptions to this prohibition exist primarily for licensed facilities such as zoos, animal parks, circuses, breeding centres, specialized care and shelter centres, and scientific research institutions. These entities can obtain licenses allowing them to possess and handle dangerous animals, provided they adhere to stringent regulations outlined in the law and its implementing regulations (Cabinet Decision No. 15/2019). Legal Requirements for Owning ‘Dangerous Animals’: For residents considering the ownership of any animal classified as dangerous, it's important to understand the definition of "dangerous animals" under the law. This includes not only specific species but also certain breeds of dogs classified as dangerous under Annex (2) of Federal Law No. 22/2016. Possessing such animals without the proper license can lead to penalties, including imprisonment and fines, as stipulated in Articles 17 to 22 of the aforementioned law. Moreover, the law mandates many conditions for the housing, care, transportation, and exhibition of dangerous animals. Facilities licensed to keep these animals must provide secure and suitable enclosures, healthcare, immunizations, and proper nutrition. They must also report various incidents, such as diseases among animals or any incidents involving human injury due to animal attacks, to the competent authorities promptly. In addition to dangerous animals, even the possession of dogs in the UAE requires a license under Article 12 of Federal Law No. 22/2016. Conclusion: The UAE government prioritizes animal welfare and public safety through these regulations. Authorities ensure compliance through regular inspections, maintenance of comprehensive records, and enforcement of penalties for violations. The Ministry and competent authorities have the power to detain and care for abandoned or stray dangerous animals and may dispose of them.  

Introduction: When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects.However, issues may arise where defects remain unresolved despite contractual obligations. In such cases, understanding the legal framework under Dubai Law No. 13/2008 on the Interim Real Estate Register in the Emirate of Dubai, and Federal Law No. 5/1985 on the Civil Transactions Law of the UAE, becomes crucial. Contractor's Responsibilities and Liabilities under Federal Law No. 5/1985: According to Article 875 of the Civil Transactions Law, contractors are obligated to provide materials of agreed quality standards or adhere to customary practices if specific agreements are absent. If materials are supplied by the homeowner, the contractor must preserve them appropriately during construction. Under Article 877, contractors must execute their work as per contract conditions. If work is defective or contrary to agreement, homeowners have the right to demand immediate rectification. Failure by the contractor to address defects within a reasonable timeframe allows homeowners to seek judicial action for contract termination or authorise another contractor to complete work, with expenses borne by the original contractor. Warranty Against Defects: Article 878 holds contractors liable for defects or losses resulting from their work, except those caused by unavoidable accidents. This liability extends to a ten-year period for buildings and fixed constructions from the delivery date unless otherwise agreed upon. Even if defects are restricted by ground issues or homeowner-approved faulty construction, contractors remain accountable. Moreover, Article 880 imposes a ten-year liability period for defects compromising a building's structural integrity or safety, regardless of their cause. This ensures contractors uphold construction quality standards and protects homeowners from long-term structural issues. Furthermore, Article 883 mandates that warranty claims must be filed within three years from defect discovery, ensuring timely resolution and preventing extended disputes. Enforcement of Rights under Dubai Law No. 13/2008: Dubai Law No. 13/2008 establishes the Interim Real Estate Register, ensuring transparency and protecting investors in off-plan property projects. Developers must fulfil project obligations as per agreed specifications and timelines. Homeowners facing unresolved defects can file complaints with regulatory authorities, seeking intervention to enforce contractual obligations. When facing unrepaired defects, homeowners should formally notify developers or contractors in writing, detailing issues and requesting rectification within a reasonable period, per Dubai Law No. 13/2008 and Federal Law No. 5/1985. If responses or rectifications are inadequate or absent within the specified timeframe, legal action through Dubai's judicial system becomes necessary. Conclusion: Dubai’s robust legal frameworks under Dubai Law No. 13/2008 and Federal Law No. 5/1985 ensure accountability from developers and contractors regarding villa project defects. Understanding these laws empowers homeowners to safeguard real estate investments against substandard construction practices and enforce their rights effectively.  

Parents are the foremost guardians in a child’s life, nourishing and protecting them during the most vulnerable stages. Parents are expected to be loving, kind and understanding of their children’s needs. However, in rare cases, parents become the very individuals from whom the children need protection. The UAE government stresses the importance of the protection and upliftment of children. The country has a dedicated law for the welfare of children and their protection under Federal Law No. 3 of 2016 on Child Rights Law. The law is commonly known as Wadeema’s law. Rights of children under Wadeema’s Law Basic Rights The law guarantees children the right to life and safety and states that the government will ensure children’s growth, development and protection. This includes ensuring that children have a respectable name, birth certificate, appropriate nationality, and legitimacy. Article 14 prohibits child employment below the age of 15 and ensures that children are able to express themselves freely. Family Rights Family rights provide children the right to be introduced to his natural family, and receive their care. A child will have the right to custody, feeding, education, financial protection and protecting himself, including his body, religion and property. Health Rights The law provides every child the right to health services in accordance with the laws and regulations of health care in the country. The law also states that the government will develop substantial health services and provide guides to better child health and nutrition. In pursuance of the same, Article 21 prohibits the selling of tobacco to individuals below the age of 18. It also prohibits smoking in the presence of children, or selling intoxicants to children. Social rights Under the social rights provided to children, the state provides mechanism such as foster care or other social care institutions to ensure that children obtain a standard of living appropriate for the physical, mental, psychological and social growth of the child in accordance with the laws in force. Cultural rights The law provides for the establishment of guidelines and institutions that regulate cultural, artistic and scientific knowledge for children. The law also highly regulates inappropriate content and access to media that may be detrimental to a child’s development. Educational Rights The law provides children the right to education, and equal opportunity. It also provides for the government to establish mechanisms to prevent children's school dropout, prohibit violence in school, and promote the participation of parents in the decisions relevant to children. Right to protection One of the most important provisions under Wadeema’s law is the right to protection. This guarantees that a custodian must not abandon a child, physically, mentally or financially. It is the duty of a custodian to ensure that the child is enrolled in school. It is prohibited to make a child engage in beggary, or other illegal occupations, or engage them in any work that hinders their education, or endangers their health. Article 36 of the law safeguards a child from torture, physical assault or any action that compromises the child's emotional, psychological, mental or moral safety. Protection mechanism The government has set up a series of helplines to help children report instances of domestic abuse. Complaints can be made to the Ministry of Interiors (MOI), the Dubai Police, Community Development Authority and many more. Apart from toll free helplines, one may seek assistance through certain government websites, and government Applications. You can report child abuse through the following channels MoI through the hotline number 116111 or through the MoI’s Child Protection Centre's website and the 'Hemayati' app. Community Development Authority- CDA on hotline: 800988 EWAA Shelter for Women and Children on hotline: 8007283 Dubai Foundation for Women and Children on 800111 Child protection centre in Sharjah on toll-free helpline number 800 700 Hemaya Foundation for Children and Women - Ajman on hotline: 800 or 800446292 Aman Centre for Women and Children through RAK Police – 07-2356666 Child protection specialists Wadeema’s Law provides for the presence of child protection officers in institutions that work with child welfare, to assist and investigate matters related to child abuse, and raise awareness in the matter. Article 43 of the law states that anyone who has attained the age of 18 and becomes aware of a case of child abuse, must provide help to the child facing abuse, including reporting to competent authorities regarding the abuse. Penalties If a person is found to have tortured a child, or physically assaulted a child, or performed any activity that compromises a child’s emotional, psychological, mental or moral safety, he or she will be punished by a minimum imprisonment of one year and/or a fine between AED 50,000 and AED 100,000. However, if this act is committed by the child’s parent(s) or custodian, they may instead be subject to one or more of the following measures: Performing community service. Placement in a therapeutic shelter. Subjecting them to one or more rehabilitation and guidance programs. Suspension of custody of the child. Conclusion In the UAE, a child is well protected and provided with a number of resources that enable the child to seek help from abusive parents. However, acknowledging that children may be unaware of these channels, or ill-equipped to seek assistance, the law places the onus on responsible adults and trained individuals to look for signs of abuse and report such cases to the competent authority.

Introduction: In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on Civil Personal Status Law.Understanding these regulations is crucial to determine if parents can prevent their adult daughter from marrying. Marriage Under Federal Law No. 28 of 2005 on Personal Status Law for Muslims Legal Capacity: According to Article 30 of Federal Law No. 28 of 2005, as amended by Federal Decree-Law No. 8 of 2019: Age Requirement: Individuals attain legal adulthood at the age of 18, as per Article 30(1). They are considered capable of marriage upon reaching this age, provided they are mentally sound. Tutorship Requirement: Article 32 stipulates that the father or other male relatives serve as tutors (guardians) for women seeking marriage. The tutor must be of sound reasoning, fully capacitated, and Muslim if the marriage involves Muslims (Article 33). Judicial Intervention: Article 30(3) grants the adult daughter the right to petition the court if she wishes to marry but faces opposition from her tutor (usually the father). Article 30(4) allows the court to authorize the marriage if the tutor fails to appear or provides insufficient reasons for objection. Contractual Elements: A valid marriage contract requires two contracting parties (husband and tutor), an object (the marriage), and an offer and acceptance (Article 38). Conditions and Procedures: Offer and acceptance must be immediate and unequivocal, with both parties understanding the intention to marry (Article 41). Judicial approval can override parental objections to safeguard individual marriage rights in cases where the tutor objects. Marriage Under Federal Decree-Law No. 41/2022 on Civil Personal Status Law for Non-Muslims Legal Requirements: Non-Muslims in the UAE are governed by Federal Decree-Law No. 41/2022 on Civil Personal Status Law. Article 5 mandates that both parties must be at least 21 years old and declare their consent before the Personal Status Court judge. Civil Marriage Contract: According to Article 6 of Federal Decree-Law No. 41/2022: Contract Procedures: Marriage is solemnized before the authentication judge at the competent court by submitting an application according to the prescribed form and adhering to other conditions and procedures stipulated by law and its Executive Regulations. Spousal Agreement: Spouses may agree on contract conditions, including their rights during and after marriage, such as joint custody of children. Disclosure Requirement: The marriage contract form requires disclosure of any prior marital relationships, including divorce dates. The wife must confirm the absence of any existing marital relationship, and if the husband's law prohibits polygamy, he must acknowledge this before the judge. Consent: The contract must demonstrate proof of verbal or written consent from each spouse. Legalization: Upon verifying all conditions and completing necessary procedures, the authentication judge legalizes the marriage contract, entering it into the official register. Conclusion: Under UAE law, whether governed by the personal status law for Muslims or the Civil Personal Status Law for non-Muslims, parents cannot unilaterally prevent their adult daughter from marrying once she has attained legal age and capacity. While parental guidance is respected, the legal framework prioritizes individual marriage rights, supported by judicial oversight to resolve disputes arising from parental objections.  

Introduction: Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims.Previously, Federal Law No. 28 of 2005 regulated personal status matters for both Muslims and non-Muslims along with certain provisions of the UAE Civil Transactions Law. However, to make the UAE more attractive for foreigners, a new legal framework was introduced through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi. This legislation marked a notable shift, particularly for non-Muslims, aligning with internationally recognized practices concerning family laws. This article outlines the divorce procedures under the two different laws governing Muslims and non-Muslims in the UAE. Divorce Procedure for Muslims under Federal Law No. 28/2005: According to Federal Law No. 28/2005 on Personal Status, divorce is defined as the termination of the marriage contract, which can be initiated by the husband. However, the wife may also seek divorce under specific circumstances, such as those stipulated in the marriage contract or if grounds of 'harm' exist. Divorce can be declared verbally, in writing, or through understandable actions, with the word "talaq" in the presence of a witness establishing a valid divorce under Sharia law. To be recognized in the UAE, divorces must be registered with the courts. According to Article 98(3), before bringing the case to the courts, spouses are instructed to undergo mediation by the Family Guidance Committee to facilitate reconciliation. Grounds for Divorce: Defects: Such as insanity or leprosy, or those preventing physical interaction can become grounds for divorce (Article 112). Serious Deceit: If serious deceit is perpetrated by one spouse, the other can file for divorce (Article 114). Non-payment of Dowry: By the husband to the wife in a non-consummated marriage (Article 116). Discordance: Making it impossible to continue the relationship (Article 117). Financial Neglect: If the husband fails to financially support the wife (Article 124). Prolonged Absence: If the husband remains absent despite warning and resides in a known domicile, the wife is entitled to divorce him (Article 129). Where the husband’s whereabouts are unknown even after investigation, and a year has passed, the wife can claim divorce (Article 130). Imprisonment: If the husband has been sentenced to imprisonment for more than 3 years, provided the divorce is filed when the husband is already in prison for more than a year (Article 131). Prolonged Disengagement: If the husband does not engage with the wife for more than 4 months, the wife can divorce him (Articles 132 and 133). Once divorce is initiated, the wife must undergo a waiting period known as "Idda," which lasts approximately three months to determine if she is pregnant. If she is pregnant, the waiting period extends until the child's birth. During this time, the husband is responsible for the wife's expenses. The Idda period also provides an opportunity for both parties to reconsider their decision and, if they choose, revoke the divorce and resume their marital relationship. Divorce Procedure for Non-Muslims under Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi: The new Federal Decree-Law No. 41 of 2022, introduced on February 1, 2023, follows the provisions of the previously enacted Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi. Family matters for non-Muslims, including marriage and divorce, will now be governed by these laws. Article 2 of Abu Dhabi Law No. 14/2021 on Civil Marriage applies to male or female non-Muslim foreigners or citizens of the UAE. Both the federal law On Civil Personal Status and Abu Dhabi civil Personal status laws have introduced a no-fault divorce system for non-Muslims, simplifying the divorce process significantly. Under this law, neither the husband nor the wife needs to provide reasons or assign blame for the divorce. Divorce can be filed jointly or unilaterally, with the filing party notifying the other party before the court judgment, as stipulated in Article 7. This law notably exempts parties from mandatory mediation, streamlining the divorce procedure. Unlike the Personal Status Law, there is no obligatory waiting period for the wife, and the divorce becomes effective immediately upon the court's judgment. According to Article 9 of Federal Decree-Law No. 41/2022 and Article 8 of the Abu Dhabi civil law, after a divorce judgment is issued, a divorced woman can apply to the court to receive alimony from her ex-husband. Any applications made after the divorce will be processed using a standard form. If the marriage contract does not specify conditions for alimony or other financial claims, the judge will decide based on the following factors: Duration of Marriage: Longer marriages may typically result in higher alimony. Wife’s Age: Younger wives generally receive less alimony, while older wives receive more. Financial Status of Each Spouse: An accounting expert appointed by the court will assess each spouse's economic situation. Husband's Contribution to Divorce: If the husband was at fault or negligent, this will affect the alimony decision. Compensation for Damage: Either spouse can be compensated for material or emotional damage caused by the divorce. Financial Impact of Divorce Application: Financial harm caused by one spouse's unilateral decision to divorce may be considered. Child Custody Expenses: The father must cover the mother's expenses for child custody during joint custody for up to two years, based on an accounting expert’s report. Wife’s Care of Children: The wife’s diligence in caring for the children will be evaluated. Alimony is forfeited if the wife remarries or if her custody of the children ends for any reason. Additionally, a new application can be submitted to adjust the alimony amount each year or when circumstances change. Conclusion: The legal landscape governing divorce in the UAE has undergone significant reform, particularly with the enactment of Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 for non-Muslims. Understanding the differences in divorce procedures under these laws is essential for dealing with personal status matters in the UAE.  

According to the Criminal Procedure Law, Article 108 outlines the conditions for the temporary release of a person detained under remand.Release may occur only with the approval of the Public Prosecutor, and conditions may be imposed or modified as deemed necessary. The law permits release on bail in cases where temporary release is not obligatory. Bail can be personal or financial, and the amount is determined by the Public Prosecution or the judge. If bail conditions are not met, the Public Prosecutor may change, replace, or cancel the bail or order continued detention. Additionally, bail must be paid by the defendant or someone on their behalf and deposited in the Court treasury. It is permissible for others to pay the bail on behalf of the defendant, with the payment serving as a guarantee for the defendant's compliance with court obligations. Disposition of Bail Article 111 addresses the disposal of bail. If the defendant fails to meet obligations, the bail becomes government property without the need for a judgment. The bail may be refunded if the defendant is acquitted or if the case lacks grounds for a lawsuit. Article 112 states that a release order does not prevent the Public Prosecutor from issuing a new arrest warrant if the evidence is strong, the defendant breaches conditions, or other circumstances require it. Appeals and Grievances Article 113 grants the ability for requests related to release, detention, or electronic monitoring to the Court to which the defendant is referred. The Court that issued a judgment of lack of jurisdiction retains competence until the case is filed with the competent Court. Article 114 clarifies that requests from plaintiffs for the imprisonment of the defendant are not accepted, and their statements are not considered in discussions related to the defendant’s release. Precautionary Measures Article 118 permits the Public Prosecutor to issue an order declaring that there is no basis for filing a lawsuit after investigation, leading to the defendant's release if no other reasons for imprisonment exist. This order requires approval by the Public Prosecutor. In misdemeanours and violations, if the lawsuit is deemed fit to proceed based on evidence, the defendant is instructed to appear before the competent Criminal Court. Otherwise, the lawsuit may be dismissed. The Public Prosecutor has the authority to cancel an order declaring no basis for filing a lawsuit within 3 months if the order has not been appealed and rejected. If evidence in a misdemeanour or violation case is sufficient, the lawsuit may be referred to the competent Criminal Court. Felonies with sufficient evidence are referred to the Felony Court by the Chief Public Prosecutor as per Article 122. This order may include comprehensive information about the defendant and the crime, specifying all relevant elements and applicable laws. This order must be notified to the plaintiffs within 3 days. Article 125 allows for the referral of related crimes within the same Court jurisdiction by a single referral order. Crimes falling under different court jurisdictions are referred to the higher court. The defendant detained under remand may be released if the referral order does not include continued detention as per Article 126. Appeals and Court Competence For appeals, Article 133 grants the Public Prosecution the right to appeal decisions regarding the temporary release of defendants held in remand. These release decisions cannot be executed until the appeal period has passed. Defendants are also permitted to appeal decisions extending their detention within the appeal period. Article 134 allows victims and plaintiffs to challenge orders from the Public Prosecution that determine there is no basis for filing a lawsuit due to insufficient evidence or other reasons. The appeal hearing date must be scheduled within 3 days of the appeal, and the Public Prosecution is responsible for notifying other plaintiffs. The Court of Appeal considers appeal requests in a counselling room, offering flexibility in scheduling and location. According to Article 138, the Court of Appeal's decisions on appeals against orders declaring no basis for filing a lawsuit are final and cannot be further appealed. The Court may, however, instruct the Public Prosecution to take further action on the case. Lastly, Article 139 permits the Court of Appeal to extend a defendant’s detention when an appeal is made against a decision for their release while under remand. The Court may also order the defendant's release, with or without bail. These decisions are final and not subject to further appeal. Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.  

Understanding your rights during criminal proceedings is essential if you are accused in a criminal case. This article provides crucial guidance based on the Criminal Procedure Law, Federal Decree-Law No. 38/2022, and its amendments. In general, the presence of the accused is mandatory in criminal cases, except when the expected sentence does not involve imprisonment or deportation and is limited to fines. The accused may also be exempted from attending subsequent hearings if they appeared at the first hearing, were informed of the charges by the Public Prosecution, and agreed to face the trial. However, the court has the discretion to request the personal attendance of the accused at any time. If the accused cannot attend a hearing due to valid and justifiable reasons, they have the right to appoint a lawyer or a family member to present these reasons to the court and request a postponement of the hearing under the provisions of Article 195 of the Criminal Procedure Law. The court may accept the reason and reschedule the hearing at its discretion. When the accused does appear in court, they should not be handcuffed or shackled but must still be under necessary observation. The accused is entitled to attend the hearing unless their behaviour causes disruption or disturbance. In such cases, the court has the discretionary power to remove the accused from the hearing. However, the accused must be informed and notified of all events that took place during their absence. The presence of the Public Prosecution at all hearings is mandatory, and the court must consider and rule on its requests. Throughout the criminal court proceedings, maintaining order and adhering to procedures is essential. If anyone in the courtroom disturbs the order, the judges have the right to direct their removal from the hearing. If the individual refuses to comply, the court has the authority to detain them for up to 24 hours and impose a fine. Most hearings are conducted in public unless the court decides to hold a closed session to protect certain interests or individuals from attending. At the start of the hearing, the accused and their lawyer (if appointed) will be asked to appear before the judge. The court may inquire about the accused’s name, profession, nationality, and the charges they are facing. The Public Prosecution will then present its case. If a civil claim is filed by the victim in the criminal court, they will be given the opportunity to present their request. The accused will then be asked to respond to the charges and state whether they admit to them. If the accused pleads guilty, the court has the discretion to issue a judgment without hearing witnesses, unless the potential sentence includes the death penalty, in which case the court must complete the investigation process. Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.  

Introduction: In the UAE, car insurance offers significant financial protection in the event of accidents or damages.However, delays in compensation from insurance companies can cause unnecessary stress and financial hardship. UAE law mandates that insurance companies settle claims in a timely manner, as outlined in Federal Decree-Law No. 48/2023, which strengthens the legal framework for the insurance sector, emphasizing policyholders' rights. Additionally, the Insurance Authority Board Decision No. 33/2019 provides mechanisms to resolve disputes efficiently. According to Article 3 of the UAE insurance law, insurance is a contractual agreement where the insurer commits to compensating the policyholder or beneficiary upon a specified event, such as a car accident, provided the premium has been paid. This legally binds the insurer to settle claims within a reasonable timeframe. Article 4 classifies car insurance as property and liability insurance, which is subject to mandatory oversight to ensure prompt compensation for accidents and damages.  Obligations for UAE Insurance Companies: Chapter 6 of the UAE insurance law outlines the obligations of insurance companies, emphasizing the timely payment of compensation in cases of accidents. All vehicles in the UAE are required to be insured, and the Central Bank supervises insurance companies through regular inspections and financial reports. Key Provisions Include: Article 27: Insurance companies are required to issue policies for all vehicles licensed in the UAE, with rates determined by the Board based on risk levels. Article 28: Companies must provide data to the Central Bank and cooperate with audits. Article 29: Insurance companies must submit annual financial reports to the Central Bank, notifying the Central Bank if financial difficulties arise that could affect policyholders. Role of Insurance Authority Board Decision No. 33/2019: Board Decision No. 33/2019 established committees to resolve insurance disputes, including delayed claim payments. These committees offer an alternative to lengthy court proceedings, allowing policyholders to escalate claims for faster resolution. Article 4: The committees have the authority to resolve disputes of any insurance class, regardless of the value involved. Legal Actions You Can Take if Your Insurance Company Delays Payment: File a Complaint with the Central Bank: Under Article 9, the Central Bank supervises insurance companies to ensure compliance with UAE laws. If your insurance claim is delayed, you can file a complaint with the Central Bank, which can initiate investigations and enforce penalties on the insurance company. Engage with the Dispute Resolution Committee: Referencing Board Decision No. 33/2019, policyholders can approach the insurance dispute resolution committees. These committees offer a faster, alternative solution to court proceedings for delayed claims. Follow Grievance Procedures: If a complaint remains unresolved, policyholders can escalate the issue to a grievance committee as outlined in Chapter 7. The Central Bank has the authority to impose corrective measures, including fines, suspension, or liquidation of the insurance company if it fails to fulfil its obligations. File a Case in Court: If the insurer continues to refuse payment after following the grievance procedures, policyholders can take legal action. UAE law treats insurance policies as binding contracts, and policyholders have the right to seek compensation for delayed payments. Courts in the UAE often favour policyholders, especially in motor insurance cases where swift action is required by law. Penalties Introduced by Federal Decree-Law No. 48/2023: The law may impose penalties for insurance companies that fail to meet their obligations. Under Chapter 7, fines may reach up to AED 100 million. Insurance companies that delay payments without valid justification may face significant financial penalties, suspension of operations, or even liquidation. In addition to the fines under previous legislation, Federal Decree-Law No. 48/2023 introduced stricter penalties for insurance companies that delay payments. This includes: Higher Fines: The law allows for an increased range of fines, depending on the severity of the non-compliance, including AED 100 million for serious violations. Suspension of Licenses: Insurance companies that repeatedly delay payments may face temporary suspension or, in extreme cases, revocation of their operating license. Personal Liability: Senior executives of insurance companies may be held personally liable for delays or non-compliance, leading to personal fines or disqualification from holding future positions in the insurance industry. Conclusion: The UAE’s Federal Decree-Law No. 48/2023, along with Insurance Authority Board Decision No. 33/2019, provides policyholders with robust legal grounds to demand prompt payment of car insurance claims. The law ensures that insurers act promptly and impose penalties for unjustified delays, offering strong protection for policyholders in the UAE.  

Introduction: Investing in off-plan properties in Dubai is a highly attractive opportunity, particularly because of the chance to buy at the lowest prices and benefit from favourable payment plans. However, the process involves some legal considerations, particularly under Dubai Law No. 13/2008 on the Interim Real Estate Register. Here are the significant steps and verifications buyers must complete before purchasing an off-plan property.  Verify Eligibility for Ownership Foreign buyers must ensure that the off-plan property they are purchasing is located in a freehold area—designated zones where non-UAE nationals are legally allowed to own properties. A full list of these areas can be obtained from the Dubai Land Department (DLD). Registration in the Interim Real Estate Register All off-plan property sales must be registered in the Interim Real Estate Register maintained by the DLD. It is the developer’s responsibility to register the sale within 60 days of the transaction. If the registration is not completed, the sale may be deemed invalid, leading to potential legal disputes. Legal Due Diligence on the Developer Buyers should perform due diligence by checking the developer’s credentials with the Real Estate Regulatory Agency (RERA). It is essential to ensure the developer: Has obtained all necessary land ownership and approvals. Has an escrow account dedicated to the project, as mandated by Dubai law. Possesses the required permits for the development. Property Registration Application When registering an off-plan unit, buyers must follow specific procedures as outlined by the DLD. The process involves submitting all required documents, including personal details and any applicable financial agreements, to ensure the transaction is recorded correctly. Fees and Associated Costs Dubai Law prohibits developers from imposing additional fees for selling or reselling off-plan units unless such charges are officially approved by the DLD. Buyers should ensure that any administrative expenses associated with the transaction are transparent and authorized. Review of the Sale Contract The sale contract should meet all legal formalities, including approval from competent authorities, to ensure its validity. Informal contracts, not registered or approved, may be considered invalid, leaving buyers without legal recourse. Completion and Final Registration Upon completion of the project, developers are required to register the finished unit in the property register. The buyer’s ownership of the unit will be formally recognized only once all contractual obligations are met and the final registration is complete. Developer's Rights in Case of Contractual Violation If a buyer defaults on an off-plan sale agreement, developers are required to notify the DLD and follow legal procedures. Article 11 of Dubai Law No. 13/2008 outlines the steps developers must take, including giving buyers 30 days to resolve any issues before legal action. Depending on the project's completion percentage, developers can: Retain the contract. Request public auctions. Cancel the contract with deductions. In cases where the project is cancelled or never started, buyers are entitled to a full refund. Correct Area Measurement Buyers should confirm the unit’s area before finalizing the purchase. If there is an increase in the area upon delivery, developers cannot demand additional payments. However, if the unit is smaller than agreed upon, the buyer may be entitled to compensation. Enforcement of Legal Violations If a developer or broker violates the law, authorities will investigate and take necessary action. RERA is empowered to prepare a report on violations and escalate the matter to relevant authorities for further investigation and enforcement. Conclusion: Investing in off-plan property in Dubai offers several financial advantages, but it’s crucial to ensure all legal steps are followed. Buyers must verify property registration, the developer’s credentials, and contract validity to safeguard their investment. Always consult legal professionals for guidance on Dubai Law No. 13/2008 and related regulations.  

Introduction You do not search for a criminal defense lawyer in the UAE unless something has already gone wrong. Usually it starts unexpectedly: a phone call from the police, a complaint filed against you, or a request to attend a station “for questioning.” The immediate reaction is often to type "criminal lawyer near me" in the browser. In that moment, what matters most is not panic; it is timing. Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law and Federal Decree-Law No. 38 of 2022 on the Issuance of the Criminal Procedure Law govern the criminal justice system. It is structured, document-driven, and procedural. Once statements are recorded and files are created, they become part of the official record. That is why early decisions carry weight. Understanding how the process works can help you avoid preventable mistakes. How Criminal Cases Work in the UAE While no two cases are identical, criminal proceedings generally move through three main stages. Police Complaint and Investigation Everything usually begins at the police station. A complaint is filed. Statements are taken. Evidence is reviewed. The police may question both parties separately. In some cases, detention follows. This stage often feels informal, but legally it is not. What you say is documented. Even differences in wording can later be interpreted in unintended ways. Many people assume they can clarify everything themselves. Sometimes they can. Sometimes they unintentionally complicate matters. It is important to involve a criminal lawyer before the file progresses. Public Prosecution Referral The matter is transferred to the public prosecutor if the police believe there is a case to answer. The prosecution decides what happens next upon reviewing the file. Further investigation may be initiated. It may involve bail and may also result in formal charges and referral to the criminal court. This is where legal experience usually shows up. A well-prepared submission made at the right moment can change how the prosecutor sees the case. A competent criminal defense lawyer knows how to resolve issues such as conflicting evidence, legal flaws, and other circumstances before they get worse. At this point, strategy is the most crucial element. Proceedings of the Criminal Court Hearings are scheduled once the matter is put forth before the court. Depending on the complexity and evidence, some matters conclude quickly, and others take longer. Penalties such as fines or imprisonment; for expats, it can lead to deportations. Appeals are possible, but they are not a replacement for strong early preparation. Why It's Important to Hire a Skilled Criminal Defense Attorney The UAE is governed by civil law. Common law nations have different procedures and standards for evidence. Assumptions about foreign legal systems may be misleading. Having practical expertise in UAE courtrooms should be a primary consideration while searching for a criminal defense attorney. Protection of Procedural Position Procedural compliance is important from the initial police encounter to judicial proceedings. A criminal defense lawyer keeps an eye on the collection of evidence, the management of custody, and the observance of legal obligations. Evaluating the Strength of the Case Inconsistencies in testimony, technical procedural errors, or a lack of supporting evidence may be revealed after a careful legal review. An accusation alone does not decide the outcome. Defense is often methodical. Knowledge about the UAE Criminal Courts Theoretical understanding and actual courtroom practice are very different from each other. In criminal proceedings, familiarity with court dynamics is not a minor detail. It can influence outcomes Awatif Mohammed Shoqi Advocates & Legal Consultancy, with extensive expertise in litigation, has successfully handled numerous criminal cases in the UAE. Mrs. Awatif Al Khouri and the firm exemplify the importance of a well-structured strategy and confidence in one's assertions during challenging times. What To Do If You Are Accused of a Crime in the UAE If you are facing detention or under police investigation, these steps will help you navigate: Maintain your composure If you find yourself in disagreement with the allegations, it is advisable to maintain a demeanor of respect and politeness, as adopting an aggressive or emotional stance is unlikely to result in a favorable outcome. Reach out to a criminal defense lawyer. To explore avenues for securing bail and other alternatives, it is crucial to consult with a criminal defense lawyer at the earliest opportunity. Read before you sign. Arabic documents should not be signed unless you know the language and you understand what the contents mean. Get help to read the document. Keep Relevant Records Messages, contracts, payment records, or timelines may later become important. Inform Your Embassy if Necessary For expatriates, embassy notification can assist in certain serious matters. Delays reduce flexibility, and early action expands it. What to Look for in a Criminal Lawyer in the UAE When choosing a criminal defense lawyer, focus on genuine experience and practical ability, not just titles or marketing claims. The right lawyer should give you confidence, clarity, and steady guidance from the very beginning. Experience with Criminal Cases An experienced lawyer knows how the system functions in practice and foresees potential challenges to protect your rights. He will be able to navigate and give practical advice according to the case. Courtroom Confidence Arguments presented by a criminal defense lawyer before a judge impact the conclusion of the case. Knowledge of UAE criminal and procedural law Since the UAE Penal Code and Criminal Procedure Law go hand in hand, it is important that the criminal defense lawyer be thorough with the laws. Direct Communication You should receive realistic advice — not exaggerated promises. Strategic Guidance For an effective defense, it’s essential to be efficient with time, collect appropriate evidence, and implement the correct procedural strategy. Local Representation Representation must be promptly available in matters of emergency. A criminal defense lawyer near you can help you respond quickly by physically visiting the police station in times of need. Final Thoughts: Do Not Delay Legal Advice Criminal allegations in the UAE can affect far more than a court file. They may impact your employment, residency status, travel, and long-term reputation. If you are searching for a criminal defense lawyer in the UAE or typing “criminal lawyer near me” because you need urgent legal assistance, treat that decision carefully. The lawyer you appoint at this stage can directly influence how your case is handled from the outset. An experienced criminal lawyer near you should be able to respond immediately, attend police stations without delay, represent you before public prosecution, and build a structured defense strategy grounded in the UAE Penal Code and Criminal Procedure Law. Early legal advice protects your position before matters escalate. Strong leadership and courtroom authority are equally important. Mrs. Awatif Al Khouri's clients appreciate her dedication to every criminal case she handles. With her extensive experience and knowledge of UAE criminal law, she offers valuable guidance on complex issues. She achieves this by focusing on safeguarding their rights and securing the best possible outcome. Author: Awatif Al Khouri

Introduction: Travelling to the UAE requires awareness of specific customs rules and regulations regarding cash, jewellery, and alcohol to ensure a smooth travel experience.These regulations are designed to ensure compliance with local laws and customs, as well as to enhance security against money laundering and other illegal activities. The legal framework governing these regulations is primarily derived from Federal Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism, which mandates the declaration of large sums of cash to prevent illicit financial activities. Understanding the rules regarding cash, jewellery, and alcohol is crucial for a smooth travel experience. This article outlines the essential provisions travellers must follow. Customs Declaration Requirements Upon arrival in the UAE, passengers are required to make a customs declaration, which can be done verbally, in writing, or electronically. Travelers may pass through the green channel (no declaration) or the red channel (declaration required), depending on their items. Duty-Exempt Items: Certain items are exempt from customs duties, provided they meet specified limits: Gifts: Up to AED 3,000 in value. Tobacco Products: A maximum of 400 cigarettes, 50 cigars, or 500 grams of tobacco. Alcohol: Up to 4 litres of alcoholic beverages or 2 cartons of beer (24 cans per carton, max 355 ml each). Personal Effects: Items like electronics, clothing, and toiletries that are evidently for personal use. Regulations on Cash and Jewellery Travellers entering or leaving the UAE must declare any cash, traveller’s cheques, jewellery, and precious metals exceeding AED 60,000 (approximately USD 16,335). This requirement applies to all individuals aged 18 and above. For those under 18, their cash will be aggregated with that of their parent or guardian. Failure to declare amounts over this limit may result in penalties or confiscation of the undeclared funds. The Afseh system allows passengers to carry up to AED 60,000 without disclosure. Any amount exceeding this limit must be reported. The process is available electronically and is designed for convenience, ensuring compliance without imposing fees. Failure to declare amounts above the limit can result in penalties, including fines and confiscation. Restrictions on Alcohol Alcohol importation is regulated in the UAE. Passengers under 18 are prohibited from bringing in any alcoholic beverages. Excess quantities beyond permitted limits are subject to customs duties and potential confiscation. Penalties for Non-Compliance The UAE enforces penalties for customs violations, including the non-declaration of cash and the importation of prohibited items. Offenders may face fines, confiscation of goods, and referral to law enforcement authorities. Conclusion: Understanding these regulations is crucial for a hassle-free travel experience in the UAE. Travellers should familiarize themselves with customs laws and ensure compliance to avoid legal issues. For further details on customs procedures and declarations, travellers can refer to resources provided by UAE customs authorities or consult their official websites.  

Introduction: Wadeema’s Law, officially known as Federal Law No. 3 of 2016 Concerning Child Rights, stands as a cornerstone of child protection in the UAE.Named after a tragic case of child abuse that shocked the nation, the law was introduced to provide comprehensive legal safeguards for all children in the UAE, including both citizens and residents. Wadeema’s Law addresses various aspects of children’s rights, ranging from physical and emotional protection to education and healthcare, and sets out severe penalties for those who violate these rights. This article explores key provisions of Wadeema’s Law and how they ensure the protection and well-being of children across the UAE. The Right to Life, Survival, and Development Article 2 of Wadeema’s Law guarantees a child’s right to life, survival, and development. This provision emphasises the state’s duty to ensure that every child has access to essential services that promote their physical, mental, emotional, and social development. The law imposes an obligation on families, schools, healthcare institutions, and the broader community to support the growth of children. Protection from Abuse and Neglect One of the most significant elements of Wadeema’s Law is Article 33, which provides strong protection against all forms of abuse, neglect, exploitation, and maltreatment. This article prohibits any form of physical, psychological, or sexual abuse and criminalises the failure to protect a child from harm. Whether the abuse occurs within the home, school, or public spaces, the law ensures that children are safeguarded and those responsible are held accountable. The Right to Education Article 31 confirms a child’s right to education and places an obligation on parents and guardians to ensure that children are enrolled in school and attend regularly. The UAE government, through this provision, seeks to prevent children from being deprived of their right to learning and personal development. Failing to provide a child with proper education can lead to legal repercussions for the parents or guardians. The Right to Health and Medical Care In Article 24, Wadeema’s Law emphasises every child’s right to healthcare. The law mandates that children must be provided with proper nutrition, access to vaccinations, and preventive healthcare services. Parents, guardians, and healthcare providers are obligated to ensure that a child’s health needs are met. Any neglect in providing necessary medical care, such as failure to treat illnesses or delaying vaccinations, is a violation of this provision. Reporting Obligations Wadeema’s Law imposes obligations on individuals and institutions to report suspected cases of child abuse. Article 42 requires that any person who is aware of a child’s exposure to harm must report it to the appropriate authorities, including police and child protection units. Furthermore, Article 43 mandates that professionals, such as healthcare workers, teachers, and social workers, must report any signs of abuse, neglect, or mistreatment. Failure to report such cases may result in legal penalties. Child Protection Measures and Oversight Article 49 of Wadeema’s Law mandates the establishment of child protection bodies, such as the Child Protection Unit, tasked with investigating reports of abuse and neglect. These bodies work in collaboration with police, schools, and healthcare providers to assess risks and take immediate action when necessary. The law ensures that these units have the authority to intervene in cases where a child’s safety is at risk, providing a safety net for children who may not be able to protect themselves. Penalties for Violations Wadeema’s Law sets out penalties for individuals found guilty of child abuse, exploitation, or neglect. Depending on the severity of the violation, penalties under Articles 69 to 72 range from fines to life imprisonment. For instance, cases of severe physical abuse that result in serious harm or death may lead to penalties including long-term imprisonment. Parental and Community Responsibilities Article 16 emphasises the shared responsibility of parents, guardians, and the community in protecting children. It mandates that parents must raise their children in an environment that fosters respect, dignity, and understanding. Schools and communities are also encouraged to support the development and well-being of children by providing safe environments and reporting any concerns about a child's welfare. Conclusion: Wadeema’s Law reflects the UAE’s commitment to protecting children from harm and ensuring their right to grow in safe, nurturing environments. By imposing penalties for abuse and neglect and creating a robust system of reporting and oversight, the law serves as a strong deterrent against child maltreatment. It emphasises the shared responsibility of parents, guardians, institutions, and society as a whole to ensure the safety and well-being of children.  

Introduction: In a significant regulatory development, the UAE has established the General Commercial Gaming Regulatory Authority (GCGRA). The GCGRA’s creation signals a shift in the legal landscape of commercial gaming in the region, aiming to foster a secure, transparent, and attractive investment climate while maintaining controls to prevent financial crime and ensure responsible gaming. Overview of the GCGRA The GCGRA is tasked with regulating and licensing all forms of commercial gaming in the UAE, including lotteries, internet gaming, sports wagering, and land-based gaming facilities. The Authority has a comprehensive mandate, including the supervision and investigation of licensees, financial crime prevention (FCP), and the promotion of responsible gaming practices. This regulatory framework is designed to promote innovation while safeguarding the public interest and ensuring the highest standards of consumer protection, safety, and compliance. Key Functions of the GCGRA 1.Regulation: The GCGRA’s primary function is to regulate the commercial gaming industry by implementing a comprehensive regulatory framework, which includes policies and guidelines that address risk management, safety protocols, and consumer protection. The Authority’s focus on a risk-based approach ensures that regulatory interventions are proportional to the size and complexity of the gaming activities being regulated.  2. Licensing: Any business or individual seeking to engage in commercial gaming, whether online or at a physical venue, must first obtain a license from the Authority. Operating without a valid license is illegal and subject to criminal penalties, including fines, suspension of operations, and other administrative actions. Players are also subject to penalties if they participate in unlicensed gaming activities. The GCGRA’s licensing process is intended to be transparent and straightforward, with different types of licenses issued depending on the nature of the gaming activities. 3. Supervision and Investigations: To ensure the integrity of the gaming industry, the GCGRA actively supervises its licensees and investigates any potential breaches of regulations. This includes regular compliance checks and the enforcement of technical standards. Licensees are required to maintain ongoing discussions with the GCGRA, ensuring that any regulatory issues are addressed promptly to avoid penalties. The Authority may also impose administrative sanctions for non-compliance, such as fines or license revocation. 4. Financial Crime Prevention (FCP): The UAE has a robust legal framework to combat financial crimes such as money laundering and terrorism financing. As part of its regulatory role, the GCGRA oversees financial crime prevention (FCP) in the commercial gaming sector. The Authority works closely with licensees to ensure that they implement effective internal controls, conduct regular risk assessments, and report suspicious transactions. By collaborating with both national and international stakeholders, the GCGRA ensures that the UAE’s gaming sector complies with global best practices in financial crime prevention. Furthermore, the UAE commercial gaming industry is governed directly and indirectly by Federal Decree-Law No. 20/2018 on Combating Money Laundering Crimes, the Financing of Terrorism and the Financing of Unlawful Organisations. This law plays a significant role in the oversight of commercial gaming operations, ensuring that gaming platforms and operators have strong anti-money laundering (AML) protocols. Promoting Responsible Gaming The Authority’s responsible gaming framework is built around several key principles: Gaming should be seen as a form of entertainment, not a way to generate income. The gaming environment must be safe, fair, and free from harm. Measures must be in place to protect minors and vulnerable individuals from the negative effects of gaming. The industry must provide accessible support for players and organisations. Distinguishing Commercial Gaming from Promotional Activities An important aspect of the GCGRA’s regulatory mandate is distinguishing between commercial gaming and promotional activities. While commercial gaming involves games of chance or skill where money or valuable items are gambled, promotional activities are primarily marketing tools used by businesses to engage customers. The GCGRA retains the sole discretion to determine whether an activity qualifies as commercial gaming or a legitimate promotion. Key factors include the purpose of the activity, the fair market value of any purchases involved, and whether the prize is treated as a marketing cost or a method of generating revenue. Operating without a GCGRA-issued license carries legal consequences for operators, players, and vendors involved in commercial gaming activities. Operators may face penalties, including fines, business closures, and reputational damage. Players who engage in unlicensed gaming risk financial loss with no legal recourse and potential criminal charges. Vendors supplying unlicensed operators may also face compliance risks and the loss of business licenses. Conclusion: The GCGRA's establishment is a key development for the UAE's gaming industry, creating rules that promote safety, transparency, and responsible gaming.  

Introduction: With the rise of digital platforms, consumers have the power to voice their opinions more freely than ever before.Google reviews, a critical tool for businesses and customers alike, allow individuals to publicly share their experiences. However, in the UAE, it's important to understand the legal framework governing online content, particularly in light of Federal Decree-Law No. 34/2021 on Combatting Rumours and Cybercrime. This law sets regulations on online conduct, and an innocent review can escalate into legal challenges if deemed defamatory, offensive, or false. Defamation and Privacy Violations: One of the key provisions of the UAE's cybercrime law is the prohibition against publishing defamatory content, including in the form of online reviews. Under Article 44, individuals found guilty of spreading false information or damaging a person or business's reputation can face heavy fines or imprisonment. This includes overstated or malicious reviews on platforms like Google, where negative comments about a service or product can be interpreted as defamatory. Spreading False Information: Consumers should also be cautious about spreading rumours or unverified information. If a Google review contains false claims that could harm a business’s reputation, it could lead to legal repercussions under the cybercrime law. Article 52 prohibits publishing false or misleading information that harms public or private interests. Extortion and Threats: In some cases, negative Google reviews are used as a means of extortion, with individuals threatening businesses to remove their reviews in exchange for money or services. Federal Decree-Law No. 34/2021 explicitly criminalises such acts under Article 16, which deals with online blackmail and threats. Using reviews as an influence for personal gain can result in severe penalties, including jail time. Protecting Privacy: Moreover, privacy is another critical aspect to consider when writing a Google review. Sharing personal details about an individual without their consent, such as the name of a business owner or staff member, could breach the UAE’s privacy laws, leading to criminal liability. Conclusion: While Google reviews serve as a valuable platform for consumer feedback, it's important to recognise the legal boundaries when posting in the UAE. Individuals must always ensure that their reviews are truthful, and respectful, and do not infringe upon the rights of others, as the penalties for cybercrimes in the UAE are significant and enforceable.  

Introduction: The UAE has taken significant steps to regulate the consumption of tobacco and tobacco-related products, including electronic nicotine devices like vapes, through its anti-smoking laws.This article explores the applicability of UAE anti-smoking laws to vaping, particularly within workplace environments. It also reviews key legal provisions outlined in Federal Law No. 15/2009 on Tobacco Control and Cabinet Decision No. 24/2013, and their implications for vaping in offices. Additionally, it highlights relevant aspects of the UAE Labour Law, which reinforces workplace health and safety regulations. Federal Law No. 15/2009 on Tobacco Control: This law serves as the primary legislative framework governing the use of tobacco products, including vaping devices and e-cigarettes, across the UAE. The term "Tobacco Products" under this law includes not only traditional tobacco but also vaping products and electronic nicotine devices. Key Provisions Article 5: Prohibited Acts Selling tobacco or vaping products to individuals under 18 is strictly forbidden. Smoking in private vehicles is prohibited if a child under 12 is present. Smoking is banned in educational institutions, health facilities, sports venues, and places of worship. The law forbids the sale of sweets and candies that resemble tobacco products and the use of automatic vending machines for the sale of tobacco and vaping products. Importantly for workplaces, smoking and vaping in enclosed public spaces are strictly prohibited unless designated areas have been specified by the competent authorities. Article 7: Smoking in Closed Public Spaces Smoking and vaping are strictly prohibited in closed public spaces, including offices. However, the law allows for the establishment of specific smoking/vaping areas, provided they meet the conditions of the Implementing Regulation, including ventilation and isolation requirements. Article 11: Cafes and Tobacco Service Cafes serving tobacco or vaping products near residential areas face restrictions. These include licensing conditions determined in collaboration with the competent authority and regulations regarding the minimum distance from residential buildings. Penalties for Violations (Articles 13 and 16) Violators of tobacco control laws can face serious consequences, including fines ranging from AED 100,000 to AED 1,000,000 and imprisonment for up to two years for repeat offences. For minor offences such as smoking in prohibited areas, an immediate fine of AED 500 can be imposed, escalating to higher fines for non-compliance. Cabinet Decision No. 24/2013: Implementing Regulations of Federal Law No. 15/2009 This Cabinet Decision supplements the Tobacco Control Law and provides more detailed guidance on where smoking and vaping are banned, as well as the creation of designated areas. Article 11: Public Places Where Smoking is Prohibited Vaping, like smoking, is prohibited in educational institutions, health facilities, places of worship, and public transport. Additionally, enclosed office spaces also fall under this provision, making it clear that vaping is not allowed unless a designated area is provided. Article 12: Smoking Areas in Closed Public Places For office environments, specific conditions are outlined for designating smoking and vaping areas, focusing on safety, isolation, proper ventilation, and size. Such spaces must ensure the safety of non-smokers and comply with ventilation and health requirements. UAE Labour Law and Workplace Regulations: Article 13 of Federal Decree-Law No. 33 of 2021 Requires employers to take necessary measures to protect workers' health and safety, which includes ensuring compliance with health and safety standards related to smoking and vaping in the workplace. This means employers must enforce the prohibition of vaping in enclosed office areas and ensure that any designated vaping zones comply with the applicable legal standards. Conclusion: The UAE has developed a comprehensive legal framework to regulate the use of vaping and tobacco products, both in public and workplace environments. Under Federal Law No. 15/2009 and Cabinet Decision No. 24/2013, vaping in enclosed office spaces is prohibited unless designated areas are provided, subject to strict conditions.  

Introduction One of the first things fathers say in a divorce consultation is not about assets or maintenance. It’s this: “Am I going to lose my children?” There is a persistent belief in Dubai that once a marriage ends, the mother automatically gets custody, and the father becomes a weekend visitor. That assumption causes unnecessary panic, and in many cases, it is simply wrong. The law in the UAE does not remove fathers from their children’s lives by default. What it does do is prioritise the child’s welfare above everything else. Once you understand how the system actually works, the position becomes far clearer and far less alarming. The starting point depends on the family In Dubai, custody is governed by federal legislation. For Muslim families, Federal Decree Law No. 41 of 2024, the Personal Status Law, applies. For non-Muslim families, Federal Decree-Law No. 41 of 2022 introduced a civil framework that significantly changed how custody is approached. That 2022 law is particularly important for expat fathers. It introduced a presumption of joint custody. In simple terms, the court begins with the idea that both parents should continue sharing responsibility after divorce unless there is a clear reason not to. That is a major shift from older assumptions. For Muslim families, physical custody and guardianship are usually misunderstood. Custody Does Not Equal Losing Control: What Fathers Need to Know The father often assumes that there is a total loss of control when the custody is given to the mother, but there is not. However, in physical custody, the child lives with the mother on a day-to-day basis, and in guardianship, in many Muslim cases, the father remains the legal guardian even if the child resides primarily with the mother. Guardianship commonly includes decisions about schooling, travel, passports, financial matters, and broader legal representation. That authority is not symbolic. It carries real legal weight. So while a child may spend more overnight time with one parent, major decisions often still require the father’s involvement or consent. Understanding this distinction is central to understanding fathers' rights in child custody in Dubai. How Dubai Courts Approach Custody Decisions Courts favor stability, continuity, and the arrangement that protects the child’s emotional and educational well-being. Historically, younger children have often lived with their mothers, particularly in Muslim families. But that is not an automatic or irreversible rule; it depends on situations in certain cases. In non-Muslim cases under civil law, shared parenting is the default position. The court expects both parents to remain actively involved unless evidence shows that such an arrangement would harm the child. If a father can demonstrate that living primarily with him better serves the child’s interests because of schooling, stability, safety concerns, or relocation risks, the court can and does award custody accordingly. Gender alone is not decisive. In such scenarios, preparation of the case is important. For that reason, many fathers seek early guidance from a top family law firm in Dubai or consult the best family lawyer in the UAE to ensure their case is presented clearly, calmly, and with a consistent focus on the child’s welfare. Relocation Outside the UAE: Guardian Consent and Court Approval In a city like Dubai, where many families are expatriates, international relocation is one of the most contested issues. If the father is the legal guardian, the child typically cannot be relocated outside the UAE without his consent or a court order. That gives fathers significant legal standing in relocation disputes. Judges look closely at whether a move would disrupt schooling, extended family relationships, or regular contact with the other parent. If one parent wishes to move, relocation may not be approved unless the reason is in the best interests of the child. These cases are fact-heavy and require careful preparation. Impact of Remarriage on Father’s Rights For Child Custody In Dubai In Muslim custody cases in Dubai, remarriage can be a factor the court considers, but it is not a mechanical trigger. The court will examine whether the new circumstances genuinely affect the child’s welfare. Again, the child’s interests remain the center of the analysis. How Judges Evaluate Fathers’ Child Custody Rights in Dubai In practice, Dubai courts look at patterns, not isolated arguments. Who has been actively involved in schooling? Who attends medical appointments? Where is the child most emotionally settled? Is either parent behaving in a way that creates instability? Documentation carries weight. Emotional accusations do not. Older children may be heard, depending on maturity, but their preference is only one factor among many. As Mrs. Awatif often advises clients, custody cases are not won through dramatic arguments but through steady evidence and a child-focused presentation. Fathers seeking clarity on how courts assess these matters frequently consult a top law firm in Dubai or work with the best family lawyer in the UAE to ensure their position reflects what judges are actually looking for. Immigration and sponsorship Even where a father does not receive primary physical custody, access rights are enforceable court orders. It is not optional, depending on goodwill. For non-compliance with the court orders, courts intervene and impose penalties for non-compliance. Travel permissions, visa status, and sponsorship rights may be affected by the custody arrangement. Such issues should be addressed specifically in expat families, since they can later become an issue. Conclusion Consistency and involvement are the major focus when going through a divorce. Maintain records of your engagement in your child’s life. Avoid hostile communications. Demonstrate stability. Seeking early advice from a top family lawyer in Dubai who understands how local courts approach fathers’ rights in child custody cases is very crucial. Mrs. Awatif Al Khouri from Awatif Mohammed Shoqi Advocates and Legal Consultancy has shown unwavering dedication in protecting the fathers’ child custody rights in several divorce cases. To note, strategy and timings matter equally. Many custody outcomes are shaped long before a final judgment is issued. According to UAE law, in Muslim cases in Dubai, the father retains the right of guardianship, and in non-Muslim cases, joint custody is presumed. Divorce changes the structure of a family. It does not remove a father’s legal status or importance. In Dubai, the courts understand that the benefit of children is built with meaningful relationships of both parents. Author: Awatif Al Khouri

Introduction The UAE's judicial approach to family matters has undergone a transformative shift with the enactment of Federal Decree Law No. 41 of 2024, which officially replaces the framework of Federal Law No. 28 of 2005. The new law brings effectiveness in the dispute resolution process while placing the child's best interests first. These changes reduce the time frame spent in the system, giving importance to family stability. Shortened Arbitration Period An arbitrator is appointed in the first instance when a marriage reaches a point of "discord",. Under both the old and new laws, the process is designed to prioritize family stability before a final divorce is granted. Arbitrators are appointed when a spouse files for divorce due to harm or prejudice, but the harm is not immediately proven to the court's satisfaction as per Article 72 of the law. The primary reasons for their appointment are to identify the root causes of the prejudice and discordance that make friendly companionship between the spouses impossible, and to make every effort to reconcile the spouses and save the marriage. If reconciliation is impossible, the arbitrators determine which party is at fault and recommend the financial terms of the separation. The new legal framework introduces a significant reduction in the time allotted for divorce arbitration. Article 72 of the new law says that the court is now required to set an arbitration period not exceeding 60 days from the date the arbitrators are appointed. This represents a substantial decrease from the standard set in the previous legislation, where Article 118 (2) permitted an arbitration assignment to last for up to 90 days. This reform is a central component of the initiative to create a streamlined family court in the UAE, aimed at preventing cases from languishing in the system and reducing the emotional burden on the family. A reasoned decision is submitted by arbitrators to the judge, which outlines their efforts and conclusion. Claims for Extended Custody The UAE has significantly expanded the legal window for parents to assert their custodial rights, doubling the amount of time parents have to make a claim to protect their interests. According to Article 115(1)(d) of the new law, a parent's right to custody is forfeited only if they fail to claim it for a period exceeding one year from the date they became aware of their right. A critical component of this modernization is the emphasis on judicial flexibility. The legislation right now says that this one-year forfeiture requirement can be disregarded if the child’s best interest requires a different outcome. However, under Article 152(3) of the old law, a parent might lose their right to custody if they remained silent and failed to claim it for 6 months without a valid excuse.  This shows that the changes introduced by the 2024 enactment make sure that parents are given adequate time so that they are not unfairly denied of their legal rights. Expedite Court Procedures The authority of Urgent Matters Court has been significantly increased by Federal Decree Law No. 41 of 2024 to guarantee that legal matters do not interfere with a child's daily life. Article 112(4) provides that any conflict concerning the child's best interests be brought before the summary magistrate, who issues a rapid decision via an "order on petition" while considering the guardian's financial capacity and respecting the mother’s educational guardianship. In addition, Article 112 (5) provides an important way to resolve disagreements about a child's education without the delays of a regular trial. While the custodial mother is designated as the educational guardian by default under Article 112 (3), this is not an absolute right. Article 112 (5) serves as the "corrective" mechanism to this. It allows the father or another legal guardian to petition for a transfer of educational guardianship if they can prove that the child's interests require such a change. These provisions collectively aim to protect the child's interest at the same time does not interfere with a child's education or immediate welfare requirements. Discretionary Family Guidance Going from a mandatory to a discretionary approach for family guidance in the UAE has made it much easier to proceed to court. Article 16 (1) of the 2005 Law says that a personal status case can't be brought to court until it has been sent to the Family Orientation Committee first. While there were narrow exceptions, such as wills, inheritance, and urgent summary alimony, custody or guardianship cases, most standard divorce and dispute cases were legally blocked from reaching a judge until mediation had been attempted. In order to reduce administrative delays, the 2024 Law shifts this requirement into a discretionary tool for the court. Under Article 8 (1) of the new law, the supervising judge now "may" issue a decision to refer parties to the Family Guidance and Reconciliation Centre only "if deemed beneficial". Judges can now expedite cases directly to trial if it is clear that reconciliation is impossible, avoiding the previous "wait time" required by the mandatory committee phase. The new law explicitly exempts urgent orders regarding alimony, custody, and guardianship that cannot be reconciled from referral to the Family Mediation and Guidance Centre. This ensures that immediate protections for children and financial support are not delayed by a mediation process. Conclusion The UAE family court has been effectively transformed into a responsive system as a result of the 2025 reforms. By accelerating the divorce arbitration period to 60 days, doubling the custody claim deadline to one year, and moving to a discretionary family guidance model, the law effectively removes traditional administrative hurdles. Ultimately, by empowering the Magistrate of summary justice to break deadlocks via "orders on petition" for urgent welfare needs, the new law ensures that the judicial process acts as a swift protector of the child’s stability rather than a source of prolonged litigation. Author: Awatif Al Khouri

Introduction: In Dubai's rapidly growing real estate market, off-plan property purchases have become a popular investment option .However, delays in property handovers are a common issue, leaving buyers uncertain about their rights and remedies. The legal framework under UAE law offers various mechanisms for buyers to recover funds or seek compensation when property handovers are delayed. This article explores these remedies, focusing on key provisions of the UAE Civil Code (Federal Law No. 5/1985) and Dubai Executive Council Decision No. 6/2010, which regulate the rights of buyers and the obligations of developers in such situations. Key Legal Provisions for Buyer Protection Contractual Obligations and Good Faith: According to the UAE Civil Code, parties are required to execute contracts in good faith. Article 246 mandates that all contracts, including Sale and Purchase Agreements (SPAs), must be performed according to the agreed terms and in a manner consistent with good faith. This implies that developers are legally obligated to adhere to the timelines and conditions set out in the SPA, including delivering the property on the specified date and according to the agreed specifications. If the developer delays the handover, this may be viewed as a breach of the good faith requirement, giving the buyer the right to claim compensation or seek other remedies as per the SPA and relevant UAE laws. Remedies for Breach of Contract: Under Article 295, the Civil Code provides that damages for breach of contract can take the form of a monetary payment. Buyers who face delays in property handovers may claim compensation for the financial losses incurred due to the delay. In some cases, the court may order that the damage be rectified by restoring the parties to their original positions or by specific performance, such as requiring the developer to complete the property handover. For instance, if the delay has caused significant financial strain on the buyer, such as the inability to rent or occupy the property, they may seek compensation for these losses through legal action. According to Article 569, the validity of an SPA depends on the availability of the property at the time of delivery. This places an obligation on the developer to deliver the property as agreed in the SPA, ensuring it meets the specified characteristics, size, and condition. Failure to do so constitutes a breach of contract, and the buyer may pursue legal action for non-compliance with the terms of the agreement. For instance, if the property is not ready for handover by the stipulated date or if the developer delivers a unit smaller than agreed upon, the buyer can either demand the correct unit or seek a cancellation of the contract. Furthermore, article 572 authorizes the buyer to choose between waiting for the correct unit size to become available or cancelling the SPA if the developer fails to deliver as agreed. This remedy is particularly relevant in cases where the developer is unable to hand over the property due to unforeseen circumstances. If the developer cannot rectify the situation within a reasonable timeframe, the buyer has the right to cancel the contract and claim a refund of any amounts paid. Article 574 offers additional protection to buyers by allowing them to challenge unjust or unfair terms in the SPA. If a developer exploits the buyer's situation by offering a unit with unfair conditions, such as a significantly smaller size or lower quality, the buyer may approach the court to modify the agreement. The court can revise the terms to rectify the imbalance, and the buyer may either continue with the modified agreement or request a refund. Dubai Executive Council Decision No. 6/2010 Dubai's real estate regulations offer further protections to buyers of off-plan properties, particularly in cases where there are disputes over delayed handovers. The Dubai Executive Council Decision No. 6/2010 outlines several remedies for buyers: When a dispute arises between a developer and a buyer, Article 14 provides that the Dubai Land Department (DLD) will attempt to mediate and preserve the contractual relationship. The DLD may suggest solutions that are fair to both parties and if a settlement is reached, it is documented in a binding agreement. This approach encourages amicable resolution without the need for protracted litigation. If the developer fails to meet its obligations, Article 15 authorizes the buyer to enforce penalties, depending on the stage of the project’s completion. If the project is more than 80% complete, the developer may retain up to 40% of the unit’s value, and the contract may be rescinded. If the project is less than 60% complete, the developer can deduct 25% and cancel the contract. In all cases, the developer must return any excess amounts to the buyer. Article 18 stipulates that if the buyer cancels the contract, the developer must return all sums paid within a maximum of one year from the date of rescission or within 60 days of the sale of the unit, whichever is sooner. Conclusion: Buyers facing delays in property handover in Dubai have several legal remedies available to them under UAE law. From seeking compensation for financial losses to cancelling the contract and recovering payments, the UAE Civil Code and Dubai’s real estate regulations offer protections to safeguard buyer rights. By understanding these provisions, buyers can take appropriate legal action to recover funds and ensure compliance with their contractual agreements.  

Introduction: Intentional signature forgery, particularly concerning cheques, is a serious offence under UAE law. It challenges the trust in financial transactions and causes significant harm to both individuals and businesses. The UAE has stringent legal provisions under the Commercial Transactions Law (Federal Decree-Law No. 50/2022) and the UAE Penal Code (Federal Decree-Law No. 31/2021 on Crimes and Penalties Law) to address such offences, offering both criminal penalties and civil remedies for the victims. Legal Framework on Cheque Issuance and Forgery Under the UAE Commercial Transactions Law, specific provisions regulate the issuance and validity of cheques. A cheque must meet certain essential criteria, including the drawer's signature (Article 627). Failure to meet these requirements can render the cheque invalid. In cases of cheque forgery, Article 630 stipulates that the drawer must have sufficient funds at the time of issuance. Additionally, Article 631 allows a drawee, typically the bank, to confirm the cheque's authenticity by verifying that funds are available for payment. If a signature on the cheque is forged, the drawer is in breach of the law, and the bank may refuse to honour the cheque, leading to significant financial and legal repercussions. Cheque forgery, whether by altering the signature or altering other key details, constitutes a criminal offence under the UAE Penal Code. Specifically, Article 453 criminalizes the falsification, misappropriation, or misuse of documents, including cheques. Presenting a forged cheque can result in the responsible party facing severe penalties, including imprisonment or fines, depending on the nature and scale of the fraud. Criminal Penalties for Forgery The UAE Commercial Transactions Law enforces penalties for cheque forgery. Under Article 675 of the Commercial Transactions Law, those found guilty of forgery or fraudulent cheque-related activity may face: Imprisonment: A jail term ranging from 6 months to 2 years. Fines: A minimum fine of AED 5,000 or 10% of the cheque's value (whichever is higher), up to a maximum of double the cheque's value. Double Penalties: According to Article 675, the penalties can be doubled in cases of repeat offences. Bank’s Role and Liability Banks also play a crucial role in preventing cheque forgery. Under Article 629, banks are required to verify the drawer's signature against the specimen signature on record. If a bank fails to detect a forged signature and processes the cheque, it may bear liability for any financial loss suffered by the account holder. Forgery, specifically in the form of signing or writing a cheque in a way that prevents its payment, is strictly prohibited. Civil Remedies for Victims In addition to the criminal sanctions, victims of cheque forgery can seek civil remedies to recover their financial losses. Under Article 637 of the Commercial Transactions Law, the drawer of a cheque remains liable for its payment, even in cases of forgery. The drawer guarantees payment, and any attempt to evade this responsibility will be considered null and void. Victims are entitled to file civil cases to claim the amounts owed under the forged cheque. Furthermore, Article 453 of the UAE Penal Code allows victims to claim damages for financial harm caused by forgery. This enables victims to seek compensation for both the cheque's value and any additional losses incurred due to the fraudulent act. Steps to Take Legal Action File a Criminal Complaint: Victims should report cheque forgery to the police, who will initiate a criminal investigation. As per Article 675 of the Commercial Transactions Law, the offender may face imprisonment, fines, or both. Present Evidence: It is crucial to provide solid evidence, including the forged cheque, bank records, and any relevant communication, to prove the fraudulent nature of the transaction. File a Civil Lawsuit: Victims can pursue a civil lawsuit concurrently or following the criminal proceedings to recover the amount owed. Courts may order the drawer to pay the value of the cheque along with any additional compensation for the victim's damages. Involve the Bank: Banks may play a role in confirming the forgery, blocking payment, and assisting the victim in recovering lost funds. Conclusion: Intentional signature forgery, particularly in the case of cheques, is a serious criminal offence under UAE law, carrying both criminal and civil consequences. The Commercial Transactions Law and the UAE Penal Code offer robust legal measures for both preventing cheque forgery and ensuring that victims are compensated for their losses. By filing criminal complaints and pursuing civil claims, victims can fully leverage the legal remedies available to recover the amounts owed to them and prevent future financial harm.  

Introduction: When investing in off-plan properties, especially in jointly owned properties in Dubai, understanding a developer's responsibility for maintenance and defect rectification post-handover is crucial. Dubai Law No. 6/2019 on the Ownership of Jointly Owned Properties provides clear guidelines for property developers and owners, outlining their rights and obligations after a property has been handed over. Here’s a breakdown of the developer’s liability and how long it lasts. Key Provisions Under Dubai Law No. 6/2019 Structural Defects According to Article 40(a) of Dubai Law No. 6/2019, developers are liable for any defects in the structural parts of a jointly owned property for a period of 10 years. This period begins from the date the developer obtains the completion certificate for the project. Structural parts include essential elements such as the foundation, walls, and columns, which are critical for the safety and stability of the building. Should any defects in these areas be discovered within the 10-year period, the developer is obligated to rectify or repair them at no additional cost to the property owner. This ensures that owners are protected from bearing the financial burden of significant structural issues that may arise after taking possession of their unit. Mechanical, Electrical, and Other Installations: In addition to structural defects, developers are responsible for repairing or replacing defective installations within the property for a period of one year from the date of handing over the unit to the owner. These installations include critical systems such as mechanical, electrical, plumbing, and sewerage installations. If the owner refuses to take possession of the property for any reason, this one-year liability period starts from the date the completion certificate is issued. Therefore, owners must be aware that this one-year warranty will commence from the project's official completion, regardless of the handover date. Breach of Contract and Buyer Protections Under UAE Civil Code The rights of buyers are further supported by Federal Law No. 5/1985 (UAE Civil Code). Specifically, Article 569 mandates that developers must deliver properties exactly as agreed upon in the Sale and Purchase Agreement (SPA). If the unit delivered does not match the agreed-upon size or specifications, the buyer has the legal right to demand rectification or even cancel the SPA. Moreover, Articles 572 and 574 of the Civil Code protect buyers from developers delivering smaller or substandard units. Buyers can take legal action to either modify the agreement or cancel the sale if the developer fails to correct these issues within a reasonable timeframe. Maintenance and Repair Responsibilities Common Areas and Facilities: While the developer is responsible for initial construction and defect rectification, the ongoing maintenance and repair of common areas and facilities in jointly owned properties are typically managed by a Management Entity. Article 35 of Dubai Law No. 6/2019 grants the Institute of Control and Joint Ownership the authority to issue notices to the Management Entity to carry out necessary maintenance works. If the Management Entity fails to fulfil these responsibilities, the Institute can appoint a third party to handle the repairs and deduct the costs from service fees. Insurance and Bank Guarantees: To ensure that damages caused by negligence in managing common areas and facilities are repaired, the Management Entity is required to submit a bank guarantee to the Department, as outlined in Article 36. This guarantee serves as a form of security, ensuring that the necessary funds are available to cover repairs and maintenance if the Management Entity fails to uphold its obligations. Consequences for Developers and Management Entities If a developer or Management Entity fails to meet their legal obligations, the law provides clear recourse. For example, if a developer does not submit the required documents to the Department as specified in Article 6 of Dubai Law No. 6/2019, the Department can appoint another party to submit these documents at the developer's expense. Similarly, if a Management Entity neglects its maintenance duties, the Institute can intervene to ensure that the property remains well-maintained and serviceable. Conclusion: Dubai Law No. 6/2019 and the UAE Civil Code provide robust protections for property owners against defects and maintenance issues after taking possession of their units. As a property owner or investor in Dubai, being aware of these provisions is essential to ensure that your rights are protected and that you can take timely action in the event of defects or maintenance issues.  

Introduction The Federal Decree-Law No. 41 of 2024 represents a major step forward in modernizing the approach to alimony and family support in the UAE. Rather than treating maintenance as a rigid financial obligation, the new law adopts a more realistic and compassionate understanding of what family support truly entails. It defines alimony as “the necessities and essential needs such as food, clothing, shelter, medical care, and education," thereby placing everyday well-being at the center of the legal framework. The law is crucial because it makes the rules more flexible and structured, keeping in mind the practical realities of family life. Thus, providing stronger assistance for dependents and easier to enforce, which suggests that the UAE's personal status system is moving in a more progressive direction. Flexible Family Support The judge must take into account the financial capacity of the individual providing support, the beneficiary's specific requirements and condition, and the economic conditions of the time and place in order to ensure that the support is no less than what is required, as per Article 96. Article 96(3) clearly suggests that alimony can be replaced by allowing the use or benefit of property in kind. This enables the provision of a home or vehicle as an alternative to a portion of financial support. Throughout history, the primary emphasis was on evaluating cash quantities in accordance with the debtor's financial capacity. Under the previous regime, Article 63 stated that, while it included a dwelling as part of alimony, the focus remained heavily on assessing cash amounts based on the debtor’s financial capacity, the beneficiary's specific condition, and the economic conditions of the time and place. The new law makes it possible to use various kinds of property as a direct replacement for the entire alimony obligation. This modification gives the payer greater flexibility and gives the family immediate financial help. In practice, this reform provides a flexible alternative for those obligated to pay support. Strengthened Enforcement and Legal Priority To maintain families financially stable and make sure that dependents support without delay, the new law makes it easier to execute priority orders by placing alimony payments over other financial obligations. Article 98 designates continuous alimony, due from the date a claim is filed, and classifies it as a privileged debt that takes precedence over all other debts. Additionally, the clause offers depth by clarifying that wives, children and parents are considered dependents and are entitled to continuing alimony. It again clarifies that the ‘past alimony shall be considered as other debts,’ meaning it is considered as a standard debt and doesn't enjoy the same priority status as ongoing current alimony support. This means that if a debtor owes money to more than one person, the current monthly support (alimony) will come first. On the other hand, any unpaid alimony from previous years is not given the same priority and is instead treated as a regular civil debt. Article 3(2) of the Issuance Provisions of the Federal Decree Law No. 41 of 2024 says that the Cabinet, based on the proposal of the Minister of Justice after coordination with relevant entities, can designate either a government or private entity to pay alimony to the family first and then collect it from the debtor. This is a major shift as these organizations take on the "capacity of judgment creditors." Article 65 of the 2005 Law also states that continuing alimony is a privileged debt and is more important than other debts. But it didn't include the third-party administrative system that was added in the 2024 Decree. The enforcement earlier was a direct court process between the two parties, which often led to significant delays. Retrospective Expenses The new law updates the timelines for claiming past support and allows for retroactive adjustments in certain scenarios. The court may modify existing alimony orders when circumstances change (e.g., a significant increase in the cost of living or the father’s income), which is a general provision in both laws. According to the new law under Article 97(2)(a), the court can now order an increase in alimony with a retroactive effect of up to six (6) months from the date of the claim. However, a ruling to decrease alimony does not have a retroactive effect and is generally calculated from the date the judgment is issued, unless the court specifies otherwise. The old law lacks such time frame provision for retroactivity. Earlier, under the previous law, Article 64(3) says that any increase or decrease was strictly computed from the date the claim was introduced in court, with no further retroactive window. The regulations that govern retroactivity and back-dated expenses have been substantially improved. These modifications make it easier to adjust alimony by making certain "look-back" windows smaller than they were in the 2005 Law. Article 99(3) reduces the wife's claim for unpaid alimony from three years to two years. This encourages people to file disputes more quickly and preventing unmanageable debts for the payer. However, both the new law in Article 111 and the old law in Article 86 maintain a one-year limit for claiming past-due maintenance for children from their father. The UAE has provided protection for families that are going through unforeseen changes in their finances by enabling retroactive changes. Other Progressive Amendments Article 95 of the new law defines alimony as including necessities and essential needs, specifically naming "education" alongside food, clothing, shelter, and medical care, whereas the old law did not explicitly list "education" in its primary definition of maintenance. This can be seen as a progressive change giving importance to education. Another significant new protection for women involves a penalty for husbands who do not promptly register a divorce. A husband is now legally required to authenticate a divorce in court within 15 days, according to Article 58. If he fails to do so without an excuse, the wife is entitled to compensation equivalent to the alimony she would have received from the actual date of the divorce until the date it is officially authenticated. This ensures women are not left out from getting the financial help by a husband's administrative delay. The new law also brings simplified forfeiture rules under Article 103. The criteria for when a wife loses her right to alimony have been simplified to focus on specific, modern interactions. Alimony is forfeited only if she refuses intercourse, refuses to move to/stay in the marital home, or refuses to travel with her husband without a valid and justifiable reason, unlike the previous law, which included more complex scenarios for forfeiture under Article 71. Conclusion The 2025 reforms transform family maintenance from a possible source of dispute into a flexible safety arrangement by allowing in-kind property contributions to substitute for cash payments. By granting ongoing alimony priority status and empowering third-party entities to pay dependents immediately before recovering funds from debtors, the law ensures that a child's basic needs are never held bound by administrative or payment delays. These reforms, when combined with the implementation of retroactive increases for a maximum of six months, establish a financial framework that prioritizes the family unit's sustained stability and well-being ahead of all else. Collectively, these reforms indicate a deliberate transition toward the UAE's family law system, which is characterized by improved financial security, accountability, and equitable protection. Author: Awatif Al Khouri

Introduction: In June 2024, the UAE introduced Cabinet Decision No. 43/2024, establishing a comprehensive framework for handling non-resident foreigners caught in possession of narcotic drugs or psychotropic substances while entering the country through its land, sea, or airports.This decision is important for enhancing the UAE's stance on drug control and aligns with Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances. Below, we explore the key elements of this decision, its application, penalties, and implications for non-residents. Scope of Application: The Cabinet Decision applies to non-resident foreigners who are found in possession of narcotic drugs or psychotropic substances during their entry into the UAE for personal use, provided the quantities are within the limits specified in the attached table. If the amount seized exceeds these prescribed limits or drugs were obtained for someone else’s benefit, offenders will face full penalties as outlined in Federal Decree-Law No. 30/2021. Possession is considered illegal except in cases of legally authorised medical use. Importantly, if multiple drugs are found but their combined weight does not exceed 100 grams, the substances will be treated as a single item when determining penalties. Procedures for Handling Seizures: When a non-resident foreigner is found in possession of illegal narcotics, law enforcement officers may follow a set of specific procedures, including: A detailed report must be prepared, documenting the type of substance, its weight, and the circumstances of the arrest. The personal details of the arrested individual must be recorded in the UAE’s unified criminal system. The seized substances must be handed over to the competent authorities for destruction, as stipulated under Federal Decree-Law No. 30/2021. The arrested individual and the seizure report are then referred to the competent public prosecution for further legal action. Penalties for Offenders: The penalties imposed under Cabinet Decision No. 43/2024 vary based on the severity of the offence and whether the individual is a repeat offender. First-time offenders found in possession of drugs for personal use may face a fine of AED 5,000 to AED 20,000. The offender may not be allowed to enter the UAE until the fine is paid. Second-time offenders may face a fine of AED 10,000 to AED 30,000, deportation, and a three-year ban from entering the UAE, which begins the day following their deportation. Entry may only be allowed once the fine is fully paid. Third-time offenders may be fined between AED 50,000 and AED 100,000, deported, and placed on the permanent entry ban list, prohibiting them from ever returning to the UAE. For substances listed under Clause (4) of the additional table in the Cabinet Decision, a fine between AED 50,000 and AED 100,000 may be imposed, along with deportation and permanent entry bans, even for first-time offenders. Inclusion in the Permanent Entry Ban List: The competent public prosecution may issue orders for offenders to be included in the List of People Permanently Banned from Entering the UAE. This addition will take effect immediately following the offender's deportation and will be reflected in both the Unified Criminal System and the Administrative List of the Federal Authority for Identity, Citizenship, Customs & Port Security. Exemption Requests: Individuals who have been banned from entering the UAE may request an exemption from this decision. Such requests can be submitted in person or through a legal representative but only after proof is provided that any imposed fines have been paid. These requests will be considered in line with existing UAE legislation. Conclusion: Cabinet Decision No. 43/2024 reinforces measures on drug offences even for non-resident foreigners. It clearly outlines how offenders will be dealt with and highlights the serious consequences of attempting to bring narcotic substances into the country. Non-resident foreigners are advised to familiarize themselves with these new regulations to avoid facing serious legal repercussions upon entering the UAE.  

Introduction: The UAE recently introduced a significant reform in its judicial system, with the Ministry of Justice (MoJ) announcing that travel bans are automatically lifted once legal cases are resolved.This development represents a substantial improvement aimed at enhancing governmental efficiency, reducing administrative delays, and simplifying the travel ban removal process, which is part of the broader Zero Government Bureaucracy initiative. Process for Travel Ban Removal Previously, individuals subject to travel bans in the UAE faced a lengthy process to lift the ban, which required submitting clearance documents and other supporting materials. However, the Ministry of Justice has dramatically simplified this process, reducing the number of steps needed for travel ban removal from nine to none. Once a legal case is resolved, the travel ban may automatically lift, allowing affected individuals to travel almost instantly without any additional action. This new system has made the procedure more efficient by automating the travel ban removal process, eliminating the need for individuals to take further action after their case is resolved. Under this automated system, travel bans may be lifted almost immediately once the legal matter is settled, eliminating the necessity to file additional paperwork. According to the MoJ, the steps required to lift a ban have been reduced from nine to zero, making government services faster, more efficient, and more accessible to the public. Key Features of the Automation Once a legal matter is resolved—whether through a court ruling, settlement, or fine payment—the travel ban may automatically be removed without the need for individuals to submit requests or paperwork. Once the necessary fines or legal obligations are cleared, the ban may be lifted without any further action required by the individual. This allows individuals to resume travel promptly, free from bureaucratic delays. The previous requirement to provide clearance documents and undergo a manual review has been abolished. Individuals no longer need to visit government offices, saving both time and effort. The time taken to lift a travel ban has been drastically reduced from a full working day to mere minutes, reflecting the UAE’s commitment to fast and efficient government services. Implementation Across the UAE This new automated system has been implemented across all judicial authorities in the UAE, including those in Abu Dhabi and Dubai. Whether it’s a criminal case, financial dispute, or another legal matter, once the case is settled, the travel ban may be removed without any additional steps required from the affected individual. Benefits for Residents and Visitors Both residents and visitors stand to benefit significantly from this efficient process. For those previously affected by travel bans, the automatic removal system ensures they may travel freely once their legal matters are resolved. No longer burdened by lengthy administrative procedures, individuals can handle their legal responsibilities with greater ease and regain their freedom to travel without delay. Conditions for Lifting Travel Bans Despite the automation, it’s important to note that a travel ban will only be lifted once all legal conditions are met. This includes: Resolution of the legal case: The underlying issue that led to the imposition of the travel ban must be resolved, whether through court rulings or settlement agreements. Compliance with court orders: Any specific orders, such as the payment of outstanding amounts, fines, restitution, or other legal obligations, must be fully met before the travel ban is lifted. Notification to authorities: Relevant authorities, such as the Public Prosecution or Ministry of Interior, are automatically notified once the case is resolved, and there is no need to apply for the removal of the travel ban; it may be lifted automatically. Abu Dhabi and Dubai Services For those looking to check if they have a travel ban or to confirm its removal, the Abu Dhabi Judicial Department offers an online service called Estafser, which allows residents to verify if they are wanted by the Public Prosecution. In Dubai, residents can use their Emirates ID through the Dubai Police website or app to check the status of any travel bans related to financial cases. Conclusion: The automatic lifting of travel bans following legal case resolution marks a significant step forward to improve government services. It reduces administrative delays and improves access to government services, benefiting both residents and visitors. Under this new system, individuals no longer need to navigate lengthy procedures, ensuring they can regain their freedom to travel as soon as their legal matters are resolved.  

Introduction: The UAE's vibrant property market attracts both residents and foreign investors. One common question is: What is the legal age requirement for property ownership in the UAE? Understanding this is essential for individuals and families looking to invest in real estate in the region. This article explores the legal framework governing the age requirements for property ownership in the UAE. Under UAE law, the legal age for entering into contracts, including property purchase agreements, is 21 years old. This requirement is aligned with the UAE Civil Transactions Law (Federal Law No. 5 of 1985), which states that individuals must have full legal capacity to engage in contracts. According to Article 85 of the Civil Code, full legal capacity is attained at 21 years of age (Gregorian calendar), which means individuals must be at least 21 to independently buy and own property in the UAE. Legal Capacity Under the UAE Civil Code (Federal Law No. 5/1985) Legal capacity refers to an individual’s ability to enter into contracts and manage their affairs independently. For property transactions, the UAE Civil Code distinguishes capacity through different age-based categories: Full Capacity (Article 157): Every person can contract unless restricted by law. Full legal capacity is typically attained at 21 lunar years. Minors (Article 158): Minors below the age of discernment, defined as 7 lunar years, cannot engage in property transactions. Such actions are considered void. Discerning Minors (Articles 159-161): Minors between the ages of 7 and 18 (lunar years) may engage in certain financial transactions beneficial to them, but property-related transactions require the approval of a legal guardian or tutor. Guardians may authorize the minor to manage property once they turn 18 lunar years, subject to court approval. Authorized Minors: Once a minor reaches 18 lunar years, they can manage property with guardian or court authorization, allowing limited independence under supervision. The Age of Majority and Property Ownership under the UAE Personal Status Code (Federal Law No. 28/2005) The UAE Personal Status Code further defines the age at which an individual gains full legal capacity. According to Article 172 of the Personal Status Law, individuals attain the age of majority at 21 lunar years, granting them full rights to own and manage property. Tutorship and Guardianship: For minors under 21 lunar years, the property is managed by a tutor (usually the father or appointed guardian), under Articles 178 to 192. Tutors are responsible for managing and protecting the minor’s property but require court approval for significant transactions such as selling or leasing the property. Court Authorization: Minors may be allowed to engage in property transactions with court approval before they reach the age of majority. The law provides mechanisms for individuals aged 18 to 21 to manage property under judicial supervision, ensuring the protection of their interests. Foreign nationals are allowed to own property in designated freehold areas, particularly in Dubai, Abu Dhabi, and other emirates. The legal age requirement for foreign buyers is the same as for UAE nationals—21 years or older to independently purchase and own property. However, as mentioned, minors can also own property through guardianship arrangements, in line with UAE regulations. Conclusion: The legal age for independently buying and owning property in the UAE is 21 lunar years. Individuals aged 18 and older can manage property with court approval, while minors must rely on guardians to handle their property affairs.  

In today’s world, social media is being seen less and less favorably by experts and intellectuals around the world. It has found to have physical, emotional and psychological implications on its users. We are periodically hit with news articles about people meeting with accidents due to the usage of mobile phones, or children developing long term mental problems due to the incessant viewing of short format videos on various social media platforms. The effect of social media on children and teenagers have become a major cause of concern. Government entities in the UAE have periodically urged parents to monitor their children’s screen time and internet usage. However, concerns may arise regarding whether it constitutes an invasion of privacy for a parent to examine their children's phones. Under Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Article 44 explains the law regarding invasion of privacy. The article states that if anyone uses social media or other information platforms with the intention of invading the privacy or familial life of someone without his consent, by carrying out any of the following act, they will be punishable with imprisonment or fine. a) Listening, recording or revealing conversations or audio or visual materials b) Taking photos of people without their consent c) Publishing photos, comments or any type of information, real or fake, with the intention of harming the person d) Accessing and/or using the geographic location data of people e) Capturing images or videos of deceased or injured individuals, as well as accidents or calamities, and publishing or transmitting them f) Modifying or processing photos or videos, with an intention of defaming or insulting an individual The above-mentioned article 44 of Federal Decree-Law No. (34) of 2021 clearly explains that one must not use the information network or any Information Technology Electronic, to invade the privacy of the individual. But in depth understanding of the article in its entirety shows that the article addresses the harm caused and the intention behind the actions of anyone who invades privacy of an individual. A parent monitoring the internet usage of a child is an act of protecting the child from the harms lurking behind the screens of a computer or a smart phone. Parents are custodians and guardians of their children and the latter’s protection is a responsibility and duty on the parent. According to article 178 of the Federal Law No. 28 of 2005 regarding personal status, guardianship of a person includes supervising, protecting, raising, educating the person, directing the person’s life, and preparing them well. Consequently, it is the duty of the parent to ensure the safety of their child. This duty extends to the time until an individual is old enough to make the right choices. As per article 85 of Federal Law No. (5) of 1985 concerning the issuance of the civil transactions law, the age of majority in the UAE is 21 years and the law allows minors certain powers, once they reach the age of 18. Parental supervision is essential in ensuring children navigate the internet safely and responsibly. While the digital world offers numerous learning opportunities, it also exposes a child to risks such as cyberbullying, dangerous content, and online predators. Parents are thus required to closely monitor their children’s online activities and set clear boundaries around the same. Parents must also encourage open communication and help develop healthy digital habits and critical thinking skills.

Introduction: In this fast-growing digital world, many people depend on and use virtual private networks (VPNs) to protect online privacy and safety. However, residents and citizens need to know the legality of using VPNs under UAE law. Therefore, understanding the relevant laws and regulations related to VPN usage is crucial. This article explains the legality of using VPNs within the UAE and its relevant laws. Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumours and Cybercrime The Federal Decree-Law No. 34 of 2021 (Cyber Law), is the primary law regulating the usage of VPNs in the UAE, this law addresses the offences related to cybercrime, including unauthorized usage of VPNs for illegal purposes. Individuals who commit crimes, such as unauthorized access to secret numbers, codes, or passwords of websites or systems, may face at least 6 months of imprisonment, with fines amounting to between AED 300,000 and AED 500,000 as per Article 9. Manipulating IP addresses to commit or conceal crimes may result in provisional imprisonment and fines from AED 500,000 to AED 2,000,000 as outlined under Article 10. As per Article 11 of the cyber law, it is prohibited to create forged websites or fake accounts for the purpose of digital money transactions with individuals or companies. Penalties may include fines from AED 50,000 to AED 200,000. Additionally, the penalty may increase and not more than 2,000,000, if the crime is committed by the fabrication of a website or an electronic account or mail of a government institution. According to Article 12, suspension of electronic communications may result in fines ranging from AED 150,000 to AED 500,000 and additional penalties for sharing the intercepted data or targeting state institutions. Article 13 explains the unlawful collection or processing of personal data, with fines ranging from AED 50,000 to AED 500,000. The UAE Telecommunications Regulatory Authority (TRA) The UAE Telecommunications Regulatory Authority (TRA) is one of the primary regulatory bodies to control or oversee the use of VPNs as well as other telecommunication services. TRA has not completely prohibited VPN usage in the UAE; however, there are some rules and guidelines that are established by the regulatory authority that govern their operation within the UAE. Individuals have to follow these rules and guidelines to ensure that they are not involved in any form of illegal activity through the use of a VPN. Individuals may be allowed to use the VPNs for a valid purpose, for instance, safe communication, remote working, or safeguarding their personal data. However, the UAE government prohibited using the restricted content through the VPN and other calling services, like Skype and WhatsApp. The service providers, like telecom companies, have to monitor VPN usage to avoid unlawful activities, and they have the right to restrict or limit services available to users. Best Practices in Using VPNs within UAE: In order to avoid these consequences while using a VPN, individuals may follow these best practices; select reputable VPN Providers with clear knowledge about the services they are providing and ensure these VPN providers follow UAE’s privacy regulations at all times. Individuals using VPN for any illegal purpose, including websites or content that is prohibited by the UAE Government. Conclusion: VPNs may not be fully illegal within the UAE but there exist rules and regulations regarding their utilization. However, while they may serve legitimate functions like improving security as well as ensuring privacy for individuals, such use should not be contrary to the laws of the UAE.  

Introduction: For expatriates living in the UAE, divorce might be a complicated process and deal with emotions. Abu Dhabi has been taking steps to address the unique challenges that expatriates face with its Law No. 14/2021 on Civil Marriage and Its Effects. The law provides clear guidelines for divorce procedure, asset division, and jurisdiction. This article evaluates the laws and procedures governing expatriates divorcing before the Family Court in Abu Dhabi. Family Court Jurisdiction: Abu Dhabi Decision No. 8/2022 authorises handling of the expatriate’s family issues such as: Disputes and Applications: The court resolves all disputes related to civil marriage and divorce including the temporary alimony petitions as well as child custody matters. Territorial Jurisdiction: The court has jurisdiction over the case based on the residence of one of the spouses, having chosen domicile in the emirate, workplace, or the lawsuit relating to the properties located within the emirates of Abu Dhabi. Further, if the expat spouse has no known domicile abroad, then the court may have the authority to assume its jurisdiction over civil marriage-related suits, including divorces. Jurisdictional Competence: It also includes issuing interim or summary orders including applications for temporary alimony, travel ban, seizure of assets, assignment of the expert, travel with children and disputes deriving from civil marriages. Unilateral Divorce Procedure: Article 6 of Law No. 14/2021 on Civil Marriage allows unilateral divorce. This means, that one of the spouses may initiate a divorce process without giving reasons or fault for the divorce. A spouse may submit a divorce application before the family court with the prescribed fees. Accordingly, the court will review the application as per the conditions outlined in the Abu Dhabi civil marriage law. Financial Rights in Divorce Cases: As per Article 15 of the Abu Dhabi Decision No. 8/2022, the court has the discretionary power to review, approve, and amend the financial rights arising from divorce, especially related to financial support for the wife and children. Additionally, as per Article 8, the divorced woman may also have the right to request maintenance from her former husband. The court has discretion in determining the amount and duration of financial support based on various factors; these are some essential factors that the court may consider while concluding the judgment related to the financial settlement and alimony suits. The duration of the marriage the age of the spouses, and the education qualification Contribution of assets from each spouse during the marriage. The economic, financial, and social status of each spouse according to the expert report appointed by the court. The moral or material damage suffered by each spouse. The wife’s employment status and her ability to work, along with her health condition. The lifestyle of the wife and children during their marriage The number of children, their ages, and their requirements. Role of Court Experts: To ensure that asset division and financial assessment are fair, the court may appoint an expert. The expert will examine the net worth of each partner and make a report on how to allocate property as well as other financial issues such as alimony payments. As per this expert report, the court may make decisions concerning financial rights after the divorce. Conclusion: Navigating divorce proceedings in the emirate of Abu Dhabi requires knowledge about the jurisdiction of the Family Court together with its provisions on unilateral divorce as well as guidelines on asset division and financial provision. By consulting an experienced legal adviser, one can ensure that their rights are protected.  

The UAE laws regarding crime against people, and particularly when such crimes are committed online are strict and aim to protect people from activities that could potentially harm the victim’s reputation.Here, we are exploring the use of these electronic contents as evidence during a defamation investigation and subsequent trial. In this article, we will review the legal framework around defamation laws in the UAE and the use of online messages such as emails and WhatsApp as evidence in defamation proceedings. Defamation under the UAE Penal Code (Federal Decree-Law No. 31 of 2021) is the damage of another person's reputation by means of attributing false comments. Articles 425 through 427 define the parameters of slander—spoken defamation—as well as libel—written defamation. The complainant of a defamation claim has to show the following: Existence of a False Statement: The remark has to be obviously untrue. Publication: The statement has to have been shared to a third party. Damage: The comment must to have tarnished the plaintiff's name. The complainant could have to prove that the statement of the defendant was a result of wilful intention to hurt or their negligence. Electronic Evidence in Defamation Cases:  In defamation proceedings involving digital communications such emails and WhatsApp messages, the UAE Evidence Law, Federal Decree-Law No. 35/2022 on Evidence in Civil and Commercial Transactions, offers clear rules on the admissibility of electronic evidence. As per Article 53 of the aforesaid Evidence Law, any information exchanged using the information technology means shall qualify as admissible evidence as long as such messages can be obtained clearly. Moreover, Article 54 of this law elaborates on the types of electronic evidence that may be accepted such as emails, and instant messages. Article 55 states that electronic evidence has the same weight as written evidence in court procedures; hence, when supporting a defamation action, emails and messages can be used just like written materials. Articles 56 and 57 distinguish between what amounts official and unofficial electronic evidence. WhatsApp messages and such other online messages hold evidentiary value as long as they are not contested. However, formal evidence issued by an authority will have official recognition. Whereas the electronic evidence can be contested, however Article 58 of the law puts the obligation on the contesting party to provide solid proof to support their challenge. Article 60 requires that electronic evidence be given in its original form, therefore guaranteeing its legitimacy; if necessary, it may also be sent to the court in writing for validation. Article 61 finally states that a party may lose their ability to rely on sought electronic information in their defence or be used as evidence against them should they refuse to provide it upon reasonable grounds. These clauses highlight under UAE law the legal position of electronic communications as acceptable evidence in defamation cases.  Defamation under Cybercrime Law:  Apart from the Penal Code, Federal Decree-Law No. 34 of 2021 on Cybercrime governs online defamation. The law provides protection against online activities with the intention of defaming others. In this law, Article 20 specifically penalizes defamation using online methods such as WhatsApp or other instant messaging applications. Furthermore, Article 23 also prohibits online conduct that results in the spreading of misinformation, and thereby emphasizes the requirement of maintaining compliance with the law during online activities. The Cybercrime Law holds people accountable for online defamatory activities, and allows the use of such evidence in the defamation proceedings, thereby complementing the UAE Evidence Law. Practical Issues Regarding Presenting Electronic Evidence  Emails and WhatsApp chats are among electronic evidence that needs to be verified and kept in their natural state to prevent claims of manipulation. Technical confirmation or expert opinion could be needed to prove the integrity of the messages should one question the veracity of the digital communication. Every change should be avoided; hence, the original forms of messages and emails should be kept. During a defamation trial, the courts may admit online messages, however the party presenting such message may be asked to prove the validity of the material presented. These materials are sufficient to initiate a defamation complaint as long as they comply with the legal requirements for them to be admissible. The UAE laws including the Penal Laws and the Cyber Crime Laws provide a solid foundation to deal with online defamation in the present-time. As admissibility of electronic evidence increases, online users should be aware of the legal consequences resulting from their online conduct. Moreover, potential victims should be diligent in securing the online evidence trail to pursue to their complaint.  

The UAE government recently abrogated Federal Decree-Law No. 10/2019 and replaced it with Federal Decree-Law No. 13/2024 On the Protection from Domestic Violence (“Law”). The new Law is being hailed for its stricter punishments towards offenders and the inclusion of psychological, sexual, and economic violence within its ambit. The Law also establishes provisions for the imposition of rehabilitation training for perpetrators, provisions for safe houses for victims of domestic violence, and provisions for protection orders against offenders, thereby prioritizing the safety of the victim and the deterrence of the crime. The Law does not limit domestic violence to violence between spouses. The definition of family in the law encompasses a broader range of potential victims, including husbands, wives, children, step parents, step children, foster children, consanguineal kin or affinal kin up to the fourth degree and individuals related by guardianship, custodianship, or legal authority. DOMESTIC VIOLENCE Domestic violence is defined under Article 4 of the Law, as any act, omission, verbal abuse, threat thereof, or neglect, including sexual or economic exploitation, that is committed by one or more family members against another. This encompasses actions that exceed their custodianship, guardianship, authority, or responsibility and are intended to cause or result in physical, psychological, sexual, or economic damage to the victim. A perpetrator of domestic violence is punishable with imprisonment and a fine up to AED 50,000. The court may also require them to participate in rehabilitation courses against violence. If a perpetrator of domestic violence repeats the crime within one year of the previous act, or if the victim of the crime is a parent, ascendant of the perpetrator, a senior citizen, a pregnant woman, a child or a physically disabled individual, it shall be considered an aggravating circumstance. REPORTING DOMESTIC VIOLENCE As per Article 5, reporting domestic violence is now an obligation on anyone who becomes aware of it, especially individuals in the field of healthcare, education and related services. The identity of the reporter will not be disclosed unless required by a court of law. If an individual is found to have not reported an incident, or if there has been a false report with malicious intent, a fine between AED 5,000 and AED 10,000 may be imposed on the offending party. Disclosing confidential information about domestic violence case will be penalized with imprisonment and/or with a fine of up to AED 20,000. Incidents of domestic violence are to be reported to social support centers or other competent authorities, unless it involves physical or sexual violence, in which case, it must be immediately reported to the police. If a victim is forced to withdraw a complaint under threat, the offender will be punishable with imprisonment and/or with a fine between AED 10,000 and AED 50,000. RESTRAINING ORDERS As per article 8 of the Law, the UAE public prosecution may, on its own accord, or at the request of a competent authority or the victim themselves, issue a restraining order on a person, towards the protection of the victim. Restraining orders are imposed for a maximum period of 30 days, which can be renewed twice. On expiry of this period, a competent court can extend the order for a maximum of 6 months. CONDITIONS TO A RESTRAINING ORDER Article 9 lists out various conditions that can be a part of the restraining order imposed by the public prosecutor or a competent court. Both the offender and the victim will be notified of the restraining order and the conditions in it. The conditions may include the following: a) The offender may be prohibited from contacting the victim in any way. b) The offender may be prohibited from visiting designated places, like the victim’s home or workplace. c) The victim may be referred to a shelter. d) The offender may be required to provide financial support to the victim, towards medical expenses resulting from acts of domestic violence. e) The offender may be prevented from causing any harm to the victim’s property or personal belongings. f) The offender may be required to attend counselling sessions. g) Any other measures for the protection of the victim and family. RECONCILIATION BETWEEN PARTIES According to article 13 of the Law, family reconciliation will be offered to the victim and the offender within 14 days of a domestic violence case, unless the case involves a felony. If the victim is a child, the presence of a social worker and a child protection specialist will be present during the reconciliation process. Under Article 14, the Law also provides for penal reconciliation between parties involved in a domestic violence case, involving dialogue and discussion between the parties. It may lead to the expiration of the criminal case, or a stay of the judgement issues. Reconciliation procedures will be undertaken only on express agreement by both parties. These procedures facilitate the preservation of familial bonds and help the victims in coping with the incident. ENGAGEMENT OF CHILD PROTECTION SPECIALISTS Article 7 states that a child protection specialist will be engaged during investigations and trials involving domestic violence victims who are children. SHELTERS Another notable aspect of the new Law is the receipt of the victims of domestic violence into shelters to ensure that they are removed from any further harm. Subsequently, these shelters will record the details of the incidents and provide care and the appropriate counselling to the victim, in addition to legal support if required. STEPS TO COMBAT DOMESTIC VIOLENCE Articles 18 and 19 cover general steps to be taken by the UAE authorities to combat domestic violence and preserve the family entity. The government will take steps to raise awareness regarding the issue and methods of dealing with domestic violence on a community level. It will offer training to individuals dealing with cases of domestic violence. The government will also maintain an electronic registry recording details of domestic violence incidents, which will be shared with all the relevant authorities. Domestic violence is a universal issue and combating it requires a multi-faceted solution involving sound laws, a good support system and widespread social awareness. Federal Decree-Law No. 13/2024 seeks to not only punish and penalize perpetrators of the crime but also looks for a long-term solution that reduces these incidents in the future.

Inheritance can become emotionally difficult when family members disagree about money, property, business shares, jewellery, bank accounts, or the meaning of a will. In the UAE, heirs cannot simply divide the estate among themselves if there is a dispute. The estate usually has to pass through the proper legal process so that the court can confirm who the heirs are, what assets exist, what debts must be paid, and how the estate should be distributed. For both expats and UAE nationals, the most important point is this: disagreement between heirs does not stop the inheritance process, but it can delay it. If the heirs cannot agree, the matter may need to be resolved through the UAE courts. Why Do Heirs Disagree? Heirs may disagree for many reasons. Some may dispute the validity of a will. Others may question whether all assets have been disclosed. In some cases, family members disagree about whether a property should be sold or transferred. There may also be disputes about debts, loans, business ownership, or whether one heir has already received money from the deceased during their lifetime. Differences can also come from where expat families hold their assets, often in different countries. A person can own a bank account in the UAE, property in Dubai, shares in a business in the UAE and assets in his country of origin. This can make the process more complex, particularly if there is no registered will. What Happens Immediately After Death? After a person passes away, certain assets may become difficult to access until legal steps are completed. UAE bank accounts, real estate, vehicles, company shares, and other assets may require court documents before they can be transferred or dealt with. The family will usually need to obtain a death certificate and then apply for the legal documents required to identify the heirs. The court may also need documents such as passports, Emirates IDs, marriage certificates, birth certificates, title deeds, bank details, and any will left by the deceased. If the heirs agree, the process may be smoother. If they disagree, the court may need to examine the dispute before the estate is distributed. Which Law Applies? The applicable law depends on several factors, including the religion and nationality of the deceased, whether there is a valid will, where the assets are located, and whether the deceased chose a particular law. Inheritance of Muslims is mostly governed by UAE Personal Status Law and Sharia principles, where heirs have specific shares. The estate is usually managed in the following order: Funeral expenses, debts, valid wills within the limit, and then distributed among heirs in accordance with Federal Decree-Law No. 41 of 2024 on Personal Status. Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides a civil framework for inheritance and wills for non-Muslims. Depending on the facts and documents, non-Muslim residents may also have the option of relying on the law of their country of origin or other applicable personal status rules. Having a will registered can make a big difference as it gives clearer instructions as to how the estate should be handled. Non-Muslims in Dubai may also want to consider wills registered through recognised will registration systems including DIFC wills where applicable. But any will’s validity and enforceability still depends on the circumstances and assets involved. If There Is a Will, Can Heirs Still Disagree? Yes. A will does not always prevent disputes. Heirs may argue that the will is invalid, unclear, outdated, signed under pressure, or not properly registered. They may also disagree about the interpretation of certain words in the will. For example, a will may specify that one person should get a property, but another heir may claim that the deceased had a change of heart later. In these cases, the court may have to look at the will, supporting documents and the law involved to determine how the estate should be passed on. A properly drafted and registered will reduces the risk of disagreement, but it does not completely remove the possibility of a legal challenge. If There Is No Will, What Happens? If there is no will, the estate is distributed according to the applicable inheritance rules. This may be very different from what the family expected. Muslim estates were normally subject to fixed shares of inheritance. In the case of non-Muslim estates, the civil personal status rules may apply unless some other law is validly resorted to. That’s why expats in the UAE are often advised to have a clear will in place, especially if they own property, have children, run a business or want to pass specific assets to specific people. When there is no will and heirs disagree, the court may need to determine the legal heirs and their shares. Until this is done, assets may remain frozen or practically inaccessible. Can Heirs Settle Without Going to Court? In many cases, heirs are able to resolve conflicts by agreement. If all the heirs are legally competent, identified, and willing to sign the right papers, then a family settlement may be possible. This can save time and cost. But informal family arrangements should be approached carefully. A verbal understanding may not be enough, especially when it comes to UAE property, bank accounts, company shares or minor children. Writing the settlement and getting it checked by a lawyer makes it safer. Mrs. Awatif Al Khouri’s participation in inheritance and family cases stresses the importance of calm, well-structured legal guidance. In inheritance disputes, the legal strategy should not only be court action but also the reduction of family conflict where a fair settlement is possible. Conclusion When heirs disagree, the estate in the UAE doesn’t automatically move according to the wishes of the family member. The law provides a procedure for locating heirs, reviewing the will (if there is one), satisfying debts and distributing the estate according to the applicable legal rules. For expats and UAE nationals, early legal advice can prevent delay, protect assets and reduce the risk of family disputes becoming long court battles. Mrs. Awatif Al Khouri’s approach in such cases indicates the need for a comprehensive legal review, particularly when inheritance, family relationships, property and international issues are concerned. Having a clear will, the right paperwork and legal guidance can make a difficult time easier for the family and help to ensure that the estate is handled lawfully and fairly. Author: Awatif Al Khouri

Running a business involves taking risks in order to continue to scale new grounds. Sometimes, these risks may not be successful, leading to debts. Even without risks, debts may be incurred as a result of not being able to generate profits due to the changing market trends. Thus, loss in business and falling into debts are a common and universal factor in the business world. Debts may exist throughout the course of running a business and are not necessarily a negative indication on the status of the business. However, one has a legal duty to discharge debts towards another. Neglected or ignored debt may eventually sink a business leading to insolvency and the legal liability of the debt will fall on the owners, directors and the shareholders of the business, depending on the legal structure of the business entity. Insolvency and Bankruptcy The terms insolvency and bankruptcy are often used interchangeably. Although related, the terms have distinct meanings. Insolvency refers to the financial state wherein a legal or a natural person is unable to discharge his debts. Bankruptcy refers to the particular legal procedure initiated by the person after becoming insolvent. Although Bankruptcy can follow insolvency, it is not the only available solution to an insolvent person. Bankrupcy Law In the UAE, insolvency of natural persons is regulated by Federal decree Law No. 19 of 2019 on Insolvency, while insolvency of non-natural persons, i.e., entities that acquire the status of legal persons and natural persons in the capacity of a trader is governed by the Federal Decree Law No. 51 of 2023 Promulgating the Financial Reorganisation and Bankruptcy Law, popularly known as the Bankruptcy law. Entities Outside the Purview of Bankrupcy Law The Federal Decree Law No. 51 of 2023 popularly referred to as the bankruptcy law of the UAE, governs the conditions under which a legal entity will obtain the status of insolvency and regulates the steps that are to be taken in such a scenario. However, the provisions of this law do not apply to the following: Companies wholly or partly owned by the government that have their own governing rules and regulations relating to preventive settlement, restructuring, or bankruptcy procedures Entities in freezones that have special rules relating to preventive settlement, restructuring, or bankruptcy procedures Banks, financial institutions and insurance companies licensed by the Central Bank Debts covered that are related to personal, family reasons, including the purchase of goods or services or the purchase of a property for his own residence or for his family. Bankruptcy Court Article 5 of the Bankruptcy law provides for setting up of Bankruptcy Courts in the UAE, that will handle bankruptcy proceedings in the country with the assistance of experts and auditors. The law also provides for the establishment of the Financial Reorganisation and Bankruptcy Unit that will deal with the administrative aspects of the Bankruptcy laws, including record keeping, approval of the roster of experts, coordination with the judicial authorities and the ministry, etc. As per article 8 of the law, decisions by the bankruptcy Court will be deemed to be a writ of execution enforceable immediately. Faced with the inability to repay the debts borrowed as a result of doing business, many choose to initiate bankruptcy proceedings. This process involves the settlement of all debts by liquidating the business and all its assets and distributing the liquidation proceeds to the creditors. Thus, this process involves halting the business completely and dissolving the entire business entity. To prevent the complete termination and liquidation of the business, debtors have certain legal avenues that they may utilize in the event of an insolvency. The bankruptcy law thus provides for Preventive Settlement and Restructuring Procedures, both aimed at supporting the continuation of the business while formulating a plan that will help in the settlement of debts. Preventive Settlement This procedure helps the debtor continue running his business or any commercial activity and simultaneously paying his debts. The procedure of preventive settlement is approved and supervised by the bankruptcy court. As per article 56 of the law, a debtor is eligible to initiate preventive settlements if he is unable to repay his current debts or anticipates the inability to repay debts in the future. Article 15 stipulates 60 days from the date of cessation of payment of debt, or from the date when the debtor acquired information indicating the inability to pay its debt, as the time within which the debtor may initiate proceedings. As per article 66, the preventive settlement proposal will include the following The debtor’s business plan and viability of business A list of the names of all creditors and debtors, their contact information, value of the debt and guarantees, if any Any terms and conditions for the settlement of any obligation Any guarantees by the debtor for the proper implementation of the proposal Any offer to purchase the debtors’ assets, in whole or in part, on the basis of an ongoing activity Any grace periods and payment discounts if available Details on whether the debt can be converted into shares or stock in the capital of any company or project If the holders of the secured debts agree, details on any guarantees that can be created, redeemed, consolidated, sold, or replaced Suggested period for payment of debt the extent of financing required by the debtor during this period The mechanism that will be implemented to update the creditors on the proposal Any other information that the debtor deems will be useful in implementing the preventive settlement proposal. A comparison on the rights that the creditors will obtain, with the implementation of the preventive settlement plan and without the implementation of the plan. Effect of Preventive Settlement As per article 58, once the decision to initiate preventive settlement has been issued by the bankruptcy court, the debtor may carry on his business activity as usual and in a way that does not harm the interests of the creditors, but he must not carry out any activities outside the scope of his normal business without obtaining the approval of the Court. Once the proceeding has been initiated, a claims moratorium will be imposed for 3 months and the court may extend this period one or more times provided that the period does not exceed 6 months. Preventive settlement process neither results in the maturity of debts against the debtor, nor does it indicate the suspension or cancellation of interests on the debts. However, the process allows the debtor to obtain bank loans and other types of financing, with or without guarantees, as per the directions of the court. Restructuring Procedures According to article 87, similar to the requirements under the preventive settlement procedures, a debtor is eligible to initiate restructuring procedures if he has stopped the repayment of debts, or if he is in a financial deficit which may result in the inability to pay his debts in the future. Article 15 specifies a period of 60 days from either the stoppage of debt payment or the date the debtor becomes aware of their incapacity to fulfill the debt, within which debtors apply to initiate the proceedings. Once the court approves the application to open a restructuring proposal, it will appoint a Trustee to oversee the process as per article 36. Article 108 lists out the requirements for the restructuring proposal, which is in line with the proposal requirements under article 66 pertaining to the preventive settlement process. Effect of Initiation of Restructuring Procedures As per article 89, after the initiation of the restructuring process, the debtor may continue its business activities and management of its assets, under the supervision of a trustee. The business must be carried out in a way that does not hamper the interests of its creditors, unless decided otherwise by the court. The appointed trustee can gather all necessary information or documents regarding the debtor’s debts, business, or assets and may monitor the latter’s financial operations. Furthermore, according to article 90, the bankruptcy court may decide that the trustee must take over the management of the business and issue an order accordingly, on the request of the trustee, one of the creditors, or the Financial Reorganisation and Bankruptcy Unit Article 92 states that initiation of the restructuring process will result in claims moratorium against the debtor in relation to the debtor’s assets and liabilities, from the day following the date of acceptance of the restructuring procedure until the date of ratification of the restructuring plan. The law does not provide any other restriction on this time period. The provisions regarding preventive settlement and restructuring procedures provide business entities a way to restructure its debts and formulate a business plan with an aim to repay its debts while also keeping the business alive. If the process is unsuccessful, bankruptcy proceedings will be initiated against the entity that will liquidate the business and settle the debts, to the extent of the entity's available assets.

The Emirate of Dubai has recently passed new amendments to the existing “Dubai Law No. 4/2018 on the Establishment of the Financial Audit Authority” (“LAW”). As per the new amendments, financial fraud and misconduct in institution dealing with public fund is liable to strict penalties including travel ban and seizure of assets. The Dubai Law No. 4/2018 was passed to establish a Financial Audit Authority (“AUTHORITY”) to manage public funds used by various entities across Dubai. As per article 3 of the Law, this Authority will have financial and administrative independence and legal powers and will be required to report only to the Ruler. According to Article 18 of the Law, the entities that come under the power of the Authority are referred to as Controlled Entities and include the following: Government and public entities Private entities affiliated to the government, such as freezones Government owned Companies and entities Companies to whom a minimum profit is guaranteed by the government. Entities receiving financial aid from the government Project or entities that are audited by the government Other entities who are required to be audited by the government as per this Law. The Law states that if there has been financial fraud within Controlled Entities, the investigation, penalties and management of such offences will be as per the provisions of the Law. Article 31 of the Law lists out a non-exhaustive list of financial frauds that are required to be reported to the Authority by Controlled Entities. These financial frauds include: Violating the rules and regulations in force in any of the Controlled Entities. Violating the rules in relation to the public budget or the budgets of Controlled Entities. Violating the rules and provisions governing the contracts and agreements concluded by the Controlled Entities. Violating the administrative decisions of legislation in force which have financial impacts. Violating the rules governing warehouses and accounting circulars issued by Controlled Entities. Failing to provide financial information and related documents within the specified time limits. Any act that has caused damage to Controlled Entities, or its financial rights and interests. Misappropriation or aiding therein, of government funds or the money of Controlled Entities. Wasting the money of Controlled Entities or committing fraud to misappropriate the same. Abuse of public office to acquire profit for oneself or for third parties, Committing forgery of documents and using them. Accepting or requesting a bribe. Tax related crimes Recently, the Dubai government passed certain amendments to the Dubai Law No. 4/2018, replacing articles 34, 35 and 36 of the Law, wherein new procedures and strict penalties were ordained to individuals and entities convicted of financial fraud under the Law. As per the newly added article 34, the Director-General or a designated representative of the Authority will now have the power to take one or more of the following actions in the instance of a violation of the Law, resulting in investigation: The power to place the employee accused of violation under suspension until the completion of the investigation. The power to confiscate documents and records related to the investigation. The power to archive the investigation in the following instances; When there is no proof of violation of Law. When there is Insufficient evidence Absence of evidence indicating that the employee committed any of the violations outlined in this Law In case of minor offences that entail disciplinary measures as opposed to criminal persecution 4. The power to refer the Investigation to the public prosecution in case of a criminal offence punishable by law. 5. The power to request withdrawal of decisions related to the violation, and cancel any legal or financial implications of those decisions as of the date of issuance. 6. The power to impose disciplinary measures on the violating employee. 7. If sufficient evidence exists, the power to request the Public Prosecution, for any of the following precautionary measures: The Law provides that an individual can submit his grievances against the public prosecutions decision of travel ban or freezing of assets, to a competent court. But if the court rejects the grievance, a new appeal cannot be made for three months except in exceptional circumstances. The Law also states that instead of referring a potential criminal violation to the public prosecution, the director general can settle the matter with the violating employee, if he restores all the funds and profits made from the misappropriated funds to the Controlled Entity, and under the condition that he will be liable to undergo disciplinary measures. As per Article 35 of the Law, penalties imposed on violating employees may either be approved by the director general of the Authority, or the decision may be sent for review, to alter the penalty as per the severity of the violation. If the head of the Controlled Entity is unable to comply with the request of the director general within 7 days, the matter will be referred to the Central Violations Committee, an independent committee within the Authority. The decisions of the Central Violations Committee can be appealed by the offending employee or the head of the Controlled Entity, by submitting a written grievance to the newly established Grievances Committee, as per the provisions of the Law.  

Affordable and safe public transport is an important requirement for the smooth functioning of daily life in any country.Dubai in particular stands out with an array of public transport available to choose from. Although the choices are exceptionally safe, there are nonetheless certain policies put in place by the Government to avoid any untoward accident. ROAD AND TRANSPORT AUTHORITY The Road and Transport Authority (“RTA”), established under Law No. (17) of 2005, is a department under the Government of Dubai, which is responsible for planning and executing transport and traffic projects, along with legislation and strategic plans of transportation in the city. WOMEN AND CHILDREN The RTA undertakes immense measures to guarantee convenience and safety of all its passengers. In lieu of the same, it provides airconditioned bus stations and buses, designated seats for women and the elderly, and has even introduced a cabin exclusively for women and children in the Dubai metros. UNACCOMPANIED MINORS Dubai is currently being lauded as one of the most family friendly destinations in the world, due to its safety and the numerous amenities available to its residents and visitiors. As a result, one would often find youngsters out and about in the city either to access their classes, or for the purposes of entertainment. In lieu of the same, the RTA has issued certain policies and guidelines to enforce safety among its passengers. With regard to the safety of minors, the RTA has established the following policies: All children below the age of eight must be accompanied by an adult while using public transport, such as metros, buses and trams. Between the ages of 8 and 12, children may use the public transport unaccompanied (with the exception of inter-city buses) but they must carry with them a permission slip, issued by their parents, during such trips. Children of age 12 and above are permitted to travel by public transport, without being accompanied by adults. To further enhance the experience of its customers, the RTA encourages customers send suggestions for improvements to their website. All information regarding public transport, including policies, rules and etiquettes, are provided in detail, in the RTA website. COMPLAINTS In case of grievances, the RTA receives complaints and reports from its customers through various channels. One may visit their website or contact 8009090 to connect to the call center. They can also be reached through social media, fax, email, customer councils etc. Author: Dr. Hassan Elhais

The advent and rise of cryptocurrency have been a disruptor to the traditional currency system. Even outside the virtual aspect of the currency, the concept is novel due to its accessibility and the level of anonymity available to its users and the swiftness with which a large amount of money can be transferred to any part of the world. But this very aspect of cryptocurrency makes it a tool that can be used to commit illegal activities and transactions with considerable ease. Cryptocurrency is the most prevalent example of virtual assets, but it is merely one of the many virtual assets that are currently accessible to us. With swift growth and innovations in the digital world, one may witness other forms of virtual assets in the future. But for the purpose of this article, only virtual assets that is used for trading purposes, i.e., in the form of currencies, will be addressed here. Virtual Assets As per article 1 of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering (“AML”) and Combatting the Financing of Terrorism (“CFT”), virtual assets are defined as a digital representation of value that can be digitally traded or transferred and used for payment or investment purposes but does not include paper currency or other funds in digital form. As per the AML/CFT Law, virtual asset service providers (VASPs) are entities that conduct the following activities: Exchange of virtual assets with fiat currencies and vice versa Exchange between different forms of virtual assets. Transfer of virtual assets. Storage and operation of virtual assets and virtual assets platforms Financial services related to offer and sale of virtual assets Threats Associated with Virtual Assets Due to the accessibility and the anonymity that is provided by cryptocurrencies, they have been used widely for the purchase of illegal substances and services over the deep web, such as for the purchase of narcotic substances, weapons and even for human trafficking. It is also used in cybercrimes, ransomware attacks and all related criminal transactions. Even if one were to not engage in illicit activities, there may be other potential threats to virtual assets, including theft of the assets by hacking into the servers that hold the cryptocurrencies, and crypto scams wherein consumers are misled to buy currencies of artificially inflated value. Money laundering is another major criminal activity that is assisted by cryptocurrencies. The volatility of its value, accompanied by the technical complexity of the underlying blockchain infrastructure, makes it particularly easy to hide the origin of the currency. Licensing and regulating Vasps The UAE has been at the forefront in embracing and legislating laws to regulate the trade and use of cryptocurrencies and other virtual assets. The UAE's anti-money laundering and CFT (countering the finance of terrorism) framework is comprised of numerous regulatory and supervisory agencies including: the UAE Securities and Commodities Authority (“SCA”), which serves as the licensing and primary regulatory authority for VASPs at the Federal level and for the UAE’s Commercial Free Zones; the Virtual Asset Regulatory Authority (“VARA”), which serves as the regulator of VASPs in Dubai; the Financial Services Regulatory Authority (“FSRA”), which regulates VASPs in the Abu Dhabi Global Market (“ADGM”); the Dubai Financial Services Authority (“DFSA”) which regulates VASPs in the Dubai International Financial Centre (“DIFC”) and the Central bank of UAE (“CBUAE”), which supervises Licensed Financial Institutions and Registered Hawala Providers, including in their capacity as financial service providers to VASPs and to non-VASP customers that may engage in virtual asset (“VA”) transactions. Mitigating Money Laundering and Terrorism Financing Risks Article 8 of the Cabinet Resolution No. 111 of 2022 Regulating Virtual Assets and the Related Service Providers states that VASPs in the UAE must comply with all legislation in relation to money laundering and the financing of terrorism and illegal organisations. Article 5 of the law provides for the licensing and registration of all VASPs as per the competent law. As per article 4 of Federal Decree-Law No. 20 of 2018 On Combating Money Laundering Crimes, the Financing of Terrorism and the Financing of Unlawful Organisations (“ML/CF Law”), a legal person, including companies, will be responsible for crimes committed in its name or for its benefit intentionally, without affecting the individual criminal liability of the offender and the administrative punishments stipulated by law. Suspicious Transaction Reporting Under article 9 of Federal Decree-Law No. 20 of 2018, Virtual Asset Service Providers must report all Suspicious Transactions and related information to the independent “Financial Intelligence Unit” established by the Central Bank of UAE. These reports will be examined and sent to the competent government authorities. Articles 13 and 14 states that supervisory authorities appointed under this law will be authorized to assess the risks of VASPs, conduct inspections and supervisory operations, and impose administrative penalties on VASPs for violations of applicable laws and regulations. Furthermore, a national committee will be established under this law, to develop strategies, coordinate information and propose regulations to combat money laundering and terrorism financing activities. Severe penalties in the form of fines and imprisonment are laid out for people involved in such activities. Customer Due Dilligence As per Article 5 of Cabinet Decision No. 10/2019 on the Implementing Regulation of Federal Decree-Law No. 20/2018, VASPs and other financial institutions must conduct customer due diligence before entering into any business relation or before executing a financial transaction, as per the prescribed law. The law also states that VASPs must promptly apply any directives issued by the United Nations Security Council, in relation to targeted financial sanctions. Sanctioned accounts must be promptly frozen to ensure the discontinuation of further illegal transactions and their corresponding illicit activities. In conclusion, countering money laundering through virtual assets requires a multifaceted approach, with multiple segments working in coordination with each other. All the segments must be trained in understanding the threats imposed by the unregulated use of virtual assets, and the means to detect suspicious activities. Upon detection of any suspicious activity, organizations from various jurisdictions and sectors—private, public, and international—will be required to collaborate in order to identify, halt, and apprehend those accountable for the unlawful operations.

Introduction: In 2021, Abu Dhabi introduced a landmark legal reform with the issuance of Law No. 14 of 2021, which introduced the concept of civil marriage in the UAE. This move signifies a progressive step towards embracing secular principles in marital unions, accommodating a diverse range of faiths and nationalities. Here, we answer some frequently asked questions to help you understand the rules and procedures related to civil marriage in Abu Dhabi. A civil marriage is the lawful union of a man and woman solemnized as a civil contract under secular rules, regardless of their faith or nationality. It is regulated by Articles 4 and 5 of the Civil Marriage Law No. 14 of 2021.  Conditions for Civil Marriage For a civil marriage to be concluded, several conditions must be fulfilled as stipulated in Article 4 of the law: Age Requirement: Both spouses must be at least 18 years old, verified by an official document from their country of nationality. Consent: Both spouses must explicitly give their consent to the marriage before the authenticating judge, proving no legal impediment exists. Declaration Form: Both spouses must sign a declaration form. No Close Relatives: Marriage cannot occur between close relatives such as siblings, children, grandchildren, or uncles. Additional Conditions: Any other condition stipulated by a decision of the Chairman. Procedures for Contracting a Civil Marriage Article 5 outlines the procedures for contracting a civil marriage: Application Submission: Those governed by this law may conclude their marriage before the Department Authentication Judge by submitting an application form. A pre-marriage medical examination certificate is not required. Ceremony Conduct: The marriage ceremony is conducted after the form is filled before the Authentication Judge, with the spouses agreeing on the terms of marriage. Prior Marital Relationships: The form includes a disclosure of any prior marital relationships, the date of divorce, if any, and an acknowledgement that no other marital relationship exists. Approval and Registration: The Authentication Judge verifies that all conditions are met, approves the marriage ceremony, and records it in the Register. Key Differences Between Civil and Sharia Law Marriages Guardian Approval: Not required for civil marriage but required under Sharia law. Medical Test: Not required for civil marriage but required under Sharia law. Interreligious Marriage: Permitted under civil marriage, restricted under Sharia law. Non-Residents Marriage: Permitted under civil marriage, restricted under Sharia law.  Application Process for Civil Marriage Whether you are a UAE resident or a tourist, you can apply for a civil marriage. The application can be through online. You can opt for regular service generally processed within 10 working days or express service processed within 1 working day.  Conditions for Application Approval Both parties must provide their consent. Both parties must be at least 18 years old. The parties must not be related by the first or second degree. The parties must not be married to any other person. Neither party should be a UAE national.  Civil Marriage Ceremony Details Location: The ceremony takes place in the Civil Family Court at the ADJD main court building. Documents Required: Passports and Emirates ID (if applicable). Witnesses: Not required, but family and friends are welcome. Cost: Standard fee is 300 AED, express service costs 2,500 AED. Marriage Agreement: Not mandatory, but can be submitted with an additional fee of 950 AED for notarization. Upon receiving the marriage certificate, it is recommended to get it notarized by the Ministry of Foreign Affairs. Civil marriage is recognized like any other official marriage and may need an attestation for validity in the home country of the spouses. Muslims who are not UAE nationals can also utilize the civil marriage service. Conclusion: Abu Dhabi's introduction of civil marriage offers a modern and inclusive approach to marital unions, respecting individual choices and providing a straightforward process for those seeking to marry outside religious constraints. This significant legal development marks a milestone in the region's legal landscape, promoting a diverse and progressive society.  

Introduction: In recent years, Dubai has established robust legal frameworks to accommodate the diverse population of non-Muslim residents in matters of inheritance and estate planning. Key legislative instruments, such as Federal Decree-Law No. 41/2022 on Civil Personal Status and Dubai Law No. 15/2017 on the Administration of Non-Muslims' Legacy, outline the procedures and regulations governing the registration and acceptance of wills for non-Muslims within the emirate. Federal Decree-Law No. 41/2022 on Civil Personal Status Under Federal Decree-Law No. 41/2022, Article 11 grants individuals the freedom to designate beneficiaries for their estate within the UAE, subject to the controls specified in the Executive Regulations. In cases where no will exists, Article 11(2) mandates that inheritance be divided, with half going to the surviving spouse and the remainder equally among the children. Exceptions allow heirs of foreigners to apply their home country's inheritance laws unless specified otherwise in a registered will (Article 11(3)). Article 13 details the procedures for registering wills, emphasizing the importance of recording them in a dedicated register as per Executive Regulations. Spouses can even outline their estate distribution at the time of marriage by completing a will registration form (Article 13(2)). Dubai Law No. 15/2017 on the Administration of Non-Muslims' Legacy Dubai Law No. 15/2017 extends these provisions to non-Muslims residing in Dubai, including those within the Dubai International Financial Centre (DIFC). This law ensures that all non-Muslim wills and legacies are administered and executed in accordance with its principles. Article 4 of this law addresses specific circumstances such as the treatment of real estate within Dubai and the validation of bequests made by non-Muslims. Wills and Probate Registry Under Dubai Law No. 15/2017 is the establishment of the Non-Muslims Wills and Probate Registry, operational within both the Dubai Courts and the DIFC Courts (Article 6). This registry is essential for ensuring the validity and enforceability of registered wills. To be eligible for registration, a testator must meet strict criteria including being non-Muslim, adhering to format requirements, appointing an executor, and having the will signed by two witnesses. Conditions for Registration in the Registry Article 8 outlines stringent conditions for registering wills in the designated registry, aimed at safeguarding the integrity of the testamentary process. These conditions include ensuring the competence of the testator, the absence of undue influence, and compliance with public order and morals. Additionally, the appointment of an executor is mandatory to oversee asset distribution according to the testator's wishes. Acceptance and Rejection of the Will According to Article 12 of Dubai Law No. 15/2017, beneficiaries have a specific timeframe and conditions under which they may accept or contest a registered will. Provisions are made to protect minors, incapacitated individuals, and named entities, ensuring a fair and equitable process of estate distribution. Execution of the Will Upon registration, the execution of a will requires a written court order from the Competent Court, particularly when registered in the designated registry as per Article 18. Which ensures that the distribution of assets and execution of the testator's wishes proceed under judicial oversight, protecting the interests of all parties involved. Administration of the Legacy Administrators appointed by the Competent Court and managing a testator's estate subsequently. Their responsibilities include overseeing asset distribution, settling obligations, and ensuring adherence to the terms specified in the will. Distribution of the Legacy's Funds The Competent Court has the authority to make judgments regarding the distribution of legacy funds, which may involve settling debts, distributing assets to beneficiaries, or temporarily holding shares until final decisions are made. This structured approach ensures a lawful and orderly process of legacy distribution. Conclusion Navigating estate planning and execution in Dubai as a non-Muslim resident demands a thorough understanding of the legal frameworks established under Federal Decree-Law No. 41/2022 and Dubai Law No. 15/2017. By adhering to these regulations and seeking guidance from qualified legal advisors, non-Muslim individuals can ensure that their testamentary wishes are respected and upheld within the emirate.  

Introduction: The Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances provides the legal framework for the control of narcotics and psychotropic substances in the UAE.The law outlines strict regulations and penalties but does not detail the specific steps for residents and visitors to bring controlled medicines into the UAE. Instead, the steps below incorporate practical advice based on general legal requirements and common practices for importing controlled medicines into the UAE. How to Bring Controlled Medicines into the UAE: A Step-by-Step Guide for Residents and Visitors Bringing controlled medicines into the UAE requires adherence to legal guidelines to ensure compliance and avoid potential legal consequences. This guide outlines the steps residents and visitors should take based on the UAE’s Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances and general practices for importing medications into the country. Understand the Regulations Federal Decree-Law No. 30/2021 categorizes narcotics and psychotropic substances as controlled substances. These substances are listed in the schedules attached to the Law, which outline the specific substances subject to regulation. Obtain Necessary Documentation Prescription from a Licensed Medical Practitioner: Ensure that the prescription is issued by a licensed medical practitioner and includes the patient's name, the name of the medicine, dosage, and duration of treatment. Medical Report: A detailed medical report may be required, especially for long-term treatments. The report should explain the medical condition and the necessity of the medication. Approval from the UAE Ministry of Health and Prevention (MOHAP): For certain controlled medicines, you need to apply for approval from MOHAP. This can often be done online through the MOHAP website. Apply for Approval from MOHAP Visit the MOHAP website and navigate to the section for importing personal medication. Complete the application form, providing all necessary details and attaching the required documents. This includes: A copy of the prescription A copy of the medical report A copy of your passport and visa (for visitors) A copy of your Emirates ID (for residents) MOHAP will review the application and issue an approval if the request meets all the requirements. Carry Medications in Original Packaging Ensure that your controlled medicines are in their original packaging when travelling. This helps verify the authenticity of the medication and compliance with the prescribed dosage and treatment duration. Declare Your Medications Upon Arrival Upon arrival in the UAE, declare your controlled medicines at customs. Present the approval from MOHAP, your prescription, and any other relevant documentation to the customs officers. Failure to declare controlled medicines can result in severe legal consequences. Understand Quantity Limits Be aware of the quantity limits for controlled medicines. Generally, you are allowed to bring a maximum of three months' supply for personal use. Ensure that you do not exceed this limit without prior approval. Periodic Examination and Compliance If you are a resident bringing in controlled medicines for long-term use, be prepared for periodic examinations and compliance checks as stipulated in Article 79 of the Decree-Law. This includes periodic testing and adherence to the treatment plan prescribed by your healthcare provider. Know the Consequences of Non-Compliance The UAE has penalties for the illegal importation and possession of controlled substances. According to the law, violations can result in severe penalties, including imprisonment and fines. Therefore, strict adherence to the guidelines is crucial. Conclusion: Bringing controlled medicines into the UAE requires careful preparation and compliance with the regulations set forth by the UAE government. By following these steps, residents and visitors can ensure they have the necessary medications for their health needs while avoiding legal issues. Always stay informed about the latest regulations and seek assistance from MOHAP if you have any questions or concerns.  

Introduction: In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of child custody.This progressive legal framework guarantees that non-Muslim parents have equal rights and responsibilities in the custody of their children post-divorce. A key concern for many non-Muslim women in the UAE is understanding how child custody is handled, particularly in the event of remarriage. This article provides an overview of the relevant legal provisions and practical guidance for non-Muslim women navigating these issues.  Joint Custody under Federal Decree-Law No. 41/2022 on Civil Personal Status: Article 4 of Federal Decree-Law No. 41/2022 ensures equality between men and women in several areas such as testimony, inheritance, and unilateral divorce rights. Additionally, both parents have equal rights to joint custody of children until they reach 18 years old. Article 10 of the Civil Personal Status law establishes that both parents have an equal right to custody of their children after divorce, emphasizing shared responsibility to ensure the psychological well-being of the children and minimize the negative impacts of divorce. Parents can apply to the court to grant custody to the parent best suited to the child's interests, or one parent may waive their custody rights. Either parent can request the court to exclude the other from joint custody for valid reasons, such as eligibility issues or failure to perform duties. In case of disagreements on custody matters, either parent can petition the court to intervene and resolve the dispute. The court has the discretion to decide in the child's best interest based on parental requests post-divorce. Additionally, Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 on the Civil Personal Status Law, under Articles 13-23, elaborates on the procedure of joint custody, emphasizing the shared responsibility of parents’ post-divorce to support the child's psychological well-being. Joint custody is the default unless one parent is deemed unfit or poses a risk to the child; parents can seek court intervention to resolve custody disputes, ensuring decisions are made in the child's best interests. The court determines how custody is divided (weekly, semi-monthly, monthly) based on the child's best interests. Parents can request to waive joint custody, though waiving custody does not exempt financial obligations towards the child. Either parent can request the removal of the other from joint custody, leading the court to schedule a hearing and potentially temporarily suspend custody or assign a social expert. Regarding the travel and visitation of the children, neither parent can unilaterally make decisions that might impact the child's stability or well-being. Parents can agree on visitation terms with mutual agreement; otherwise, the court determines them. The court may stop visitation if it's in the child's best interest. The court can amend visitation terms based on requests or the child's best interest. Cases of Removal of the Joint Custodian: According to Article 18 of Cabinet Decision No. 122/2023, the court may remove a parent from custody for various reasons, including the risk of domestic violence or abuse, inadequate living conditions, behavioural or psychological issues, failure to perform custody duties, criminal convictions affecting custody ability, substance abuse, health issues, the child's preference at age 18, or any other reason deemed necessary by the court. Therefore, a non-Muslim woman considering remarriage post-divorce may find it a valid ground for one parent to seek the removal of the other from joint custody, provided it serves the child's best interests. However, if both parents mutually agree that the mother should retain custody after her remarriage, the court may consider this agreement. In the absence of such a mutual agreement, the court's decision will rest on several factors, such as domestic violence, neglect, living conditions, or any behavioural or psychological issues arising from the new marital relationship that might harm the child. Joint Custody under Abu Dhabi Law No. 14/2021 on Civil Marriage: The Abu Dhabi civil marriage law strengthens the principles of Federal Decree-Law No. 41/2022, ensuring joint custody as a right for both parents post-divorce. Children have the right to be raised and seen by both parents to safeguard their mental health and limit the impact of divorce. Both parents share responsibility for upbringing unless one waives their right of custody or seeks the court's intervention to remove the other from joint custody for valid reasons. In case of disagreements, either parent may object or seek court intervention. The court may automatically grant joint custody in divorce rulings. Either parent can object to this ruling with justifications. If parents cannot agree on the division of custody, the court determines the split (weekly, bi-monthly, or monthly) based on the child's best interests. Waiving custody does not exempt financial obligations. If both parents refuse custody, the court notifies the Public Prosecution. Requests for removal from joint custody lead to a hearing that may involve temporary suspension or the assignment of a social expert. Reasons for removal include domestic violence, inadequate living conditions, health issues, or remarriage. The court prioritizes the child's best interests when cancelling joint custody, applying principles of justice and international best practices. Regarding the travel and visitation of the children, neither parent can unilaterally make decisions that might impact the child's stability or well-being. Parents can agree on visitation terms; otherwise, the court determines them. The court may stop visitation if it's in the child's best interest. The court can amend visitation terms based on requests or the child's best interest. Conclusion: Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 mark a significant step towards gender equality in the UAE, particularly in child custody. Non-Muslim women, upon divorce and potential remarriage, can rest assured that the law provides a balanced and fair framework to safeguard their rights and the best interests of their children. By understanding these legal provisions and seeking appropriate guidance, non-Muslim women can navigate child custody issues more effectively.  

Introduction: In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code.This law provides comprehensive guidelines on insurance contracts, defining the rights, obligations, and procedures for both insured parties and insurers.  Understanding Insurance Contracts: Under Article 1026 of the Civil Transactions Law, an insurance contract is defined as a cooperative agreement between the insured and the insurer, where the insured pays premiums to an insurer. In return, the insurer agrees to compensate for specified risks or events. This includes damages caused by natural occurrences such as heavy rainfall, which may lead to flooding, property damage, or business interruptions. Insurers are obligated to compensate the insured or beneficiaries in case of specified risks, depending upon the payment of premiums by the insured. Article 1027 of the same law further explains the types of insurable risks, including damages from natural calamities like heavy rainfall-induced floods. This provision ensures that businesses and individuals can secure insurance coverage against property damage, business interruption, or other liabilities arising from such events, ensuring financial protection during unforeseen circumstances.  Obligations and Responsibilities: For businesses and individuals seeking insurance coverage against heavy rainfall damages, compliance with Articles 1032 and 1033 is essential. Insured parties must fulfil obligations such as timely premium payments as per the insurance contract and providing accurate and complete information regarding risks to the insurer. Failure to disclose relevant information or acts of bad faith may lead to contract cancellation by the insurer under Article 1033. Insured parties must also inform the insurer promptly about any changes that may increase the risk covered under the policy as outlined under Article 1032. On the other hand, insurers are mandated by Article 1034 to promptly compensate insured parties upon the occurrence of insured risks, including damages caused by heavy rainfall. The insurer must hold the terms of the policy and pay the insured or beneficiary the agreed amount. Article 1035 clarifies that insurance obligations do not release the insurer from civil liabilities unless a separate claim is filed by affected parties. Specific Classes of Insurance: Under Articles 1037 to 1055, primarily addressing fire insurance, the law also covers damages caused by other risks such as water. Insurers are responsible for damages caused by flooding unless explicitly excluded or limited by the policy terms. This includes damage to property, inventory, and disruptions to business operations. In the context of heavy rainfall, particularly concerning property damage, fire insurance provisions under Articles 1037-1045 become relevant. These articles specify the insurer's responsibility for damages resulting from fire, even if triggered by natural events associated with heavy rainfall, such as thunderstorms or flooding. Businesses operating in the UAE should review their insurance policies to ensure adequate coverage against heavy rainfall and associated risks. It is advisable to engage with insurers to clarify coverage terms, including exclusions and limits, as specified under Articles 1028 and 1029. Businesses must also maintain transparency with insurers regarding any changes in risk exposure due to heavy rainfall events, in compliance with Article 1032(b). Moreover, in the result of heavy rainfall, prompt reporting of damages and adherence to claims procedures outlined in Articles 1036 and 1038 are important for securing timely compensation and avoiding disputes. Force Majeure Considerations: Article 287 of the Civil Transactions Law provides that a person is not liable for compensation if they prove that the prejudice resulted from a cause beyond their control, such as a heavenly blight, unforeseen circumstances, force majeure, the fault of others, or the fault of the victim. This is particularly relevant in the background of heavy rainfall, where damages might be classified under force majeure, affecting both the claims process and liability considerations. Conclusion: UAE businesses and insurers must be well-versed in the provisions of Federal Law No. 5/1985 when dealing with insurance claims related to natural calamities. A clear understanding of rights, obligations, and procedural requirements outlined in the Civil Code is essential for effective risk management and swift resolution of claims.  

Introduction: In the UAE, employment relations are governed by Federal Decree-Law No. 33/2021 and its implementing regulations. The issue of non-compete clauses and employee obligations holds significant implications, particularly concerning the loyalty and confidentiality owed by employees to their employers. This article explores the legal possibilities available to employers seeking recourse against former employees who redirect clients to competing firms, examining relevant provisions and precedents under UAE labour law. Understanding Non-Compete Clauses: Under Article 10 of Federal Decree-Law No. 33/2021, employers are authorized to include non-compete clauses in employment contracts. These clauses restrict employees from engaging in activities that compete with their employer's business interests for a specified period after leaving employment. According to Cabinet Decision No. 1/2022, these non-compete clauses must specify the geographical scope, duration (not exceeding two years from the date of contract expiry), and the nature of the work causing significant harm to the employer's legitimate interests. Enforcement and Legal Recourse: If an employer discovers that a former employee has redirected clients to other firms in violation of a non-compete clause, legal action may be pursued. Article 12 of Cabinet Decision No. 1/2022 outlines the procedures for enforcing non-compete clauses, emphasizing the employer's burden to prove the damaging impact of the employee's actions on their legitimate business interests. Employee Obligations and Breach of Contract: Beyond non-compete clauses, employees are bound by a general duty of loyalty and confidentiality during and after employment, as outlined in Article 16 of Federal Decree-Law No. 33/2021. This duty prohibits the unauthorized disclosure of confidential information, including client lists and business strategies, which are integral to an employer's competitive advantage. Conclusion: While employers have legal avenues to address breaches by former employees who direct clients to other firms, the effectiveness of legal action depends on the clarity and enforceability of non-compete clauses within employment contracts.  

Introduction: Graduation marks an exciting milestone for students in the UAE, opening doors to numerous opportunities. For those who wish to remain in the country after completing their studies, understanding the visa procedures and options available is crucial. This article outlines the steps and legal requirements based on Federal Decree-Law No. 29/2021 on the Entry and Residence of Foreigners, along with other relevant regulations, to help you navigate this process smoothly.   Post-Graduation Visa Options in the UAE Student Residence Visa Extension Upon graduation, students can apply for an extension of their student residence visa for an additional period to explore job opportunities. This extension provides a buffer time to transition from student life to professional work. Eligibility Criteria and Application Process: The student must have a valid student residence visa. Proof of graduation from a recognized UAE educational institution. Submit an application for visa extension through the General Directorate of Residency and Foreigners Affairs (GDRFA). Provide the necessary documents, including proof of graduation, valid passport, and current visa details. Pay the applicable fees for the visa extension. Job Exploration Visa Federal Decree-Law No. 29/2021 introduces a special visa for graduates to explore job opportunities without requiring a sponsor. This visa is particularly beneficial for fresh graduates seeking employment in the UAE. Eligibility Criteria and Application Process: The applicant must have graduated from a recognized UAE educational institution. Financial solvency to support oneself during the job search period. Apply for a job exploration visa through the GDRFA or UAE embassies abroad. Provide necessary documents such as proof of graduation, valid passport, financial solvency proof, and any other required documents. Pay the applicable fees for the visa. Employment Visa Graduates who secure a job offer can apply for an employment visa through their employer. The employer acts as a sponsor for the visa, facilitating the process. Eligibility Criteria and Application Process: A valid job offer from a UAE-based employer. The job must be classified within the skilled worker categories as per UAE regulations. The employer submits a visa application on behalf of the graduate to the GDRFA. Required documents include the employment contract, proof of graduation, valid passport, and other relevant documents. Medical fitness tests and other procedures as mandated by UAE labour laws. Payment of applicable fees by the employer or employee, as agreed upon. Golden Visa for Outstanding Students Federal Decree-Law No. 29/2021 also provides for the Golden Visa for outstanding students, allowing them to stay in the country for a longer period. This visa is designed to attract and retain talented individuals. Eligibility Criteria and Application Process: Exceptional academic performance and achievements. Graduated from a recognized UAE educational institution. Endorsement from relevant UAE authorities or institutions. Apply for the Golden Visa through designated channels such as the GDRFA or UAE embassies. Submit necessary documents, including proof of academic excellence, graduation certificate, valid passport, and endorsements. Pay the applicable fees for the Golden Visa. Entrepreneur Visa Graduates interested in starting their own business can apply for an entrepreneur visa, which supports innovation and entrepreneurship in the UAE. Eligibility Criteria and Application Process: A viable business idea or plan. Financial solvency to support the business venture. Submit an application for the entrepreneur visa through the GDRFA or UAE embassies. Provide documents such as a detailed business plan, proof of graduation, financial solvency proof, and other required documents. Payment of applicable fees for the visa. Regardless of the visa type, certain general requirements and procedures must be followed: Valid Passport: Ensure the passport has a minimum validity of six months. Financial Solvency: Proof of financial capability to support oneself during the stay. Adequate Housing: Proof of accommodation in the UAE, either owned or rented. Medical Fitness: Undergo medical fitness tests as required by UAE authorities. Conclusion: Staying in the UAE after graduation offers an additional of opportunities for personal and professional growth. By understanding the various visa options under Federal Decree-Law No. 29/2021 and complying with the necessary legal procedures, graduates can effortlessly transition into their next phase of life in the UAE.  

Introduction: A Will is a crucial legal document specifying how an individual’s assets and property should be distributed upon their death.In the UAE, the creation and registration of a Will, particularly for Muslims, are governed by the Personal Status Law, Federal Law No. 28 of 2005. These legal provisions ensure that the testator's wishes are honoured while providing legal certainty and protection for their beneficiaries. This article provides a comprehensive overview of the essential elements required for a valid Muslim Will in the UAE, focusing on mandatory requirements, registration venues, and the impact of the UAE Personal Status Law. The Object of a Will: In the UAE, a Will, or "Wasiyyah," is a legal document through which an individual (the testator) expresses their wishes regarding the distribution of their estate upon their death. A valid Will ensures that one’s estate is distributed according to their preferences and that the inheritance process is managed smoothly. Legal Requirements for a Valid Will Age and Mental Competence: The testator must be of sound mind and at least 21 years old. Individuals who are mentally incapacitated or minors are not legally capable of making a valid Will. Written Document: The Will must be in writing, as oral Wills are not recognized under UAE law. Signature: The testator must sign the Will. If unable to sign, they may authorize another person to sign on their behalf, which must be explicitly stated and witnessed. Witnesses: The Will must be witnessed by at least two adult witnesses who are not beneficiaries under the Will. Testamentary Freedom and Limitations: The Personal Status Law imposes limitations on testamentary freedom, such as the restriction on bequeathing more than one-third of the estate to non-heirs without the consent of all legal heirs. Additionally, Wills must comply with Sharia principles, which dictate specific shares for heirs. Mandatory Requirements for a Valid Will Testator’s Identification: The Will must include the testator’s full name, nationality, and other relevant personal details. Asset Description: It should specify all assets, including real estate, bank accounts, investments, and personal belongings. Executors: The Will must appoint one or more executors responsible for managing the estate and distributing assets. Beneficiaries: Beneficiaries should be clearly named and identified, including family members, friends, charities, or institutions. Guardianship: If the testator has minor children, the Will should name guardians for their care. Specific Instructions: Any particular conditions or instructions on how assets should be distributed must be outlined. Types of Wills in the UAE Muslim Will: Governed by Personal Status Law, this type of Will must comply with Islamic inheritance rules, which allocate shares of the estate according to fixed proportions. Non-Muslim Will: Non-Muslim residents can opt for a Will that aligns with their personal or religious preferences under Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021. This type of Will must comply with local legal requirements. Revocation and Amendment: A Will can be revoked or amended at any time by the testator. Any changes must be properly documented, and the revised Will must meet the same legal requirements as the original. Challenges to a Will: Challenges to a Will can arise due to issues such as lack of capacity, improper execution, or non-compliance with legal requirements. To minimize the risk of disputes, it is advisable to seek legal counsel when drafting or revising a Will. Registration Locations Dubai International Financial Centre (DIFC): DIFC Wills and Probate Registry: Available for non-Muslim expatriates, this platform operates under DIFC laws and allows for the distribution of assets in line with common law principles. Abu Dhabi Judicial Department (ADJD): ADJD Wills Registry: This service caters to non-Muslim expatriates and ensures the estate is managed according to civil law principles, covering assets throughout the UAE. Dubai Courts Wills Service: This service simplifies the registration process in Dubai, ensuring compliance with the Personal Status Law and other regulations. Conclusion: A valid Muslim Will in the UAE ensures that an individual’s assets are distributed according to their wishes and provides clarity and security for their beneficiaries. By adhering to the legal requirements and understanding the registration process, individuals can effectively manage their estate and ensure that their intentions are respected.  

Introduction: In the UAE, non-Muslims have the legal right to create and execute wills under a framework that respects their Civil Personal Status laws.This guide provides an overview of the procedures and legal requirements established by Federal Decree-Law No. 41/2022, Dubai Law No. 15/2017, and DIFC Practice Note No. 3/2018, ensuring clarity and structure in inheritance matters. Federal Decree-Law No. 41/2022 on Civil Personal Status Article 1 of the Federal Decree-Law No. 41/2022 on Civil Personal Status applies to non-Muslim UAE citizens and foreign residents, covering marriage, divorce, inheritance, wills, and proof of parentage. Non-Muslims may opt to apply their home country's laws. According to Article 11, those with a will can designate beneficiaries for their entire estate, while intestate estates are divided: half to the spouse, and the remainder equally among children or parents and siblings if no children exist. Inheritance procedures are detailed in Article 12, where the UAE Cabinet issues guidelines for clarity. Article 13 mandates will registration per Executive Regulations, offering spouses the option to register wills during marriage, streamlining the process. Cabinet Decision No. 122/2023 On the Implementing Regulation of Federal Decree-Law No. 41/2022 on the Civil Personal Status Law Article 25 explains that a will takes precedence over an estate, pending the fulfilment of specified conditions: funeral expenses, administrative costs, executor and administrator wages, and estate debts. Article 26 requires wills to be in writing, orally, or through understandable signs, addressing specific or unspecified recipients, including unborn children or charitable entities. Article 27 mandates will registration under specific conditions, including executor appointment and clear bequest instructions, signed in the presence of two witnesses without alterations, and payment of fees. Article 28 outlines conditions for a valid will, including legal capacity, age over 21, absence of incapacity, bankruptcy, or insolvency, and legitimacy of the bequest. Interested parties may contest or interpret wills before the court. Dubai Law No. 15/2017 On the Administration of Non-Muslims' Legacy and the Execution of Their Wills in the Emirate of Dubai According to Article 3, Dubai Law No. 15/2017 governs non-Muslim wills in Dubai and DIFC, establishing a Wills and Probate Registry (Article 6). Article 7 permits written, oral, or sign-based wills, directed at specific or general recipients, including unborn children or charities. Registration and validity conditions (Articles 8 and 9) specify non-Muslim legator requirements, including executor appointment, signing with witnesses, age over 21, competence, lawful bequest, and adherence to public order. Article 10 allows will termination under certain conditions, while Article 11 prioritizes the earliest registered will; conflicting wills are resolved by the court. Article 12 grants legatees 60 days to accept or reject a will. Article 14 sets executor criteria, barring those with criminal convictions, appointment by the court if needed, and Article 18 mandates court orders for will execution. Conclusion: Non-Muslims in Dubai benefit from a robust legal framework for creating and executing wills, ensuring their estates adhere to their intentions. By adhering to Federal Decree-Law No. 41/2022 and Dubai Law No. 15/2017, non-Muslim residents can secure legally binding wills that respect their diverse cultural and legal backgrounds in the UAE.  

Introduction: Navigating divorce in the UAE as an expatriate can be complex, particularly given the distinct legal frameworks that apply to non-Muslims. The UAE has recently introduced significant reforms through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021, which streamline the divorce process for non-Muslims. This guide aims to provide a comprehensive overview of the procedures and considerations involved. Federal Decree-Law No. 41/2022 on Civil Personal Status Federal Decree-Law No. 41/2022 governs family matters for non-Muslims across the UAE. It follows the principles outlined in Abu Dhabi Law No. 14 of 2021, which applies specifically within the emirate of Abu Dhabi. Together, these laws represent a shift towards a no-fault divorce system, significantly altering how divorce is approached. Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects This legislation covers non-Muslim foreigners and UAE citizens. It introduces a no-fault divorce mechanism, allowing either party to file for divorce without needing to establish reasons or assign blame. This new approach simplifies the process, making it more accessible for non-Muslim expatriates. Divorce Process under the Civil Personal Status Law and Abu Dhabi Law No. 14/2021 Filing for Divorce: Under Article 7 of both laws, either spouse can initiate divorce proceedings unilaterally or jointly. The party filing for divorce must notify the other party before the court issues its judgment. Importantly, the new laws eliminate mandatory mediation requirements, expediting the process. There is also no obligatory waiting period for the wife, making the divorce effective immediately upon the court's decision. Post-Divorce Financial Claims: Following the divorce judgment, Article 9 of Federal Decree-Law No. 41/2022 and Article 8 of Abu Dhabi Law No. 14/2021 allow a divorced woman to apply for alimony. The application process involves standard forms and considers various factors, including: Duration of Marriage: Longer marriages may result in higher alimony awards. Age of the Wife: Younger women typically receive less alimony compared to older women. Financial Status of Both Parties: An accounting expert appointed by the court assesses the financial situation of each spouse. Husband’s Role in Divorce: If the husband is at fault, this will influence the alimony decision. Compensation for Damage: Both material and emotional damages can be considered. Financial Impact of Divorce Application: The financial consequences of one spouse’s decision to file for divorce are taken into account. Child Custody Expenses: The father is responsible for covering the mother’s expenses related to child custody during joint custody periods, typically up to two years. Wife’s Childcare Efforts: The wife’s involvement in child-rearing is evaluated. Alimony Modifications and Termination: Alimony may be forfeited if the wife remarries or if her custody of the children ends. The alimony amount can be adjusted annually or whenever there is a significant change in circumstances. Conclusion: Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 have simplified the divorce process by eliminating the need for fault-based claims and mandatory mediation. Muslims continue to follow the provisions of Federal Law No. 28 of 2005. Understanding these legal changes is crucial for expatriates navigating marital dissolution in the UAE.  

In the UAE, the arrest of individuals in criminal cases is governed by Federal Decree-Law No. 38/2022 on the Issuance of the Criminal Procedure Law.The law outlines specific scenarios under which law enforcement officers are authorized to make arrests. This article provides a comprehensive overview of the arrest procedures as stipulated in the UAE Criminal Procedure Law.  Grounds for Immediate Arrest According to Article 46 of the Federal Decree-Law No. 38/2022, law enforcement officers are empowered to arrest a defendant present at the scene of a crime if there is sufficient evidence indicating the defendant’s involvement in criminal activity. The key scenarios for permissible arrest include: Felonies: Serious crimes that warrant arrest without the need for prior judicial approval. Misdemeanours Punishable by Non-Fine Penalties: Instances where the offence is committed flagrante delicto (in the act), such as violent acts or significant threats to public order. Misdemeanours with Risk of Escape or Monitoring: When the defendant is subject to surveillance or there is a perceived risk of escape. Specific Misdemeanours: Crimes such as theft, fraud, breach of trust, severe trespass, resistance to public authority, violations of public morals, and offences related to weapons, narcotics, and other dangerous materials. Presence During the Commission of an Offense: Arrests can be made if the defendant is caught in the act or if there is a fear that they may escape or lack a fixed residence. Arrest Warrants and Procedures If the defendant is not present at the scene, law enforcement officers may issue an arrest warrant as outlined in Article 47. This warrant must be recorded in the official report and executed by members of the public authority. Immediately following the arrest, law enforcement officers may inform the defendant of the charges and their right to remain silent. According to Article 48, if the defendant’s statement does not warrant their release, they must be presented to the competent Public Prosecution within 48 hours. The Public Prosecution is then required to interrogate the defendant within 24 hours, after which they will decide on custody or release. Detention and Interrogation Article 102 specifies that after an arrest, Judicial Officers must refer the accused to the Public Prosecution for immediate interrogation. If interrogation cannot be conducted immediately, the accused must be placed in a designated detention facility. Detention should not exceed 24 hours without interrogation. If this period lapses, the detention facility must send the accused to the Public Prosecution, which is obligated to interrogate or release them. Arrest Procedures for Flagrante Delicto and Formal Complaints Article 49 of the UAE Criminal Procedure Law permits any individual who witnesses a felony or misdemeanour to hand over the offender to the nearest public authority member without needing an arrest warrant. Additionally, Article 50 authorizes public authority members to arrest individuals committing felonies or misdemeanours not punishable by a fine and transfer them to the nearest law enforcement officer. Article 51 further stipulates that for crimes in flagrante delicto (in the act) that necessitate a formal complaint to initiate legal proceedings, the defendant cannot be arrested unless the authorized individual submits the complaint, which can be caught with a public authority member present at the scene. Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.  

According to Article 65 of the Criminal Procedure Code, the Public Prosecution is responsible for initiating investigations in felony cases and may also conduct investigations in misdemeanour cases when deemed necessary.Any investigation conducted by the Public Prosecution must be documented carefully, and the investigation report must be signed by the Public Prosecutor. Delegation of Investigative Tasks According to Article 68, the Public Prosecutor may delegate specific investigative tasks to officers, though interrogation of the defendant cannot be delegated. If tasks need to be performed outside the Public Prosecutor’s jurisdiction, another member of the Public Prosecution or law enforcement officer may be appointed. Additionally, judicial authorizations issued by the Public Prosecution for crimes under Federal Courts' exclusive jurisdiction are valid across all Emirates. Defendant's Rights In terms of the defendant's rights, Article 98 provides that the defendant's lawyer is permitted to attend investigation proceedings and review case files unless the Public Prosecutor determines that restricting access is necessary for the investigation's interest. Article 97 details the procedure for the defendant's initial interrogation. The Public Prosecutor is required to document the defendant’s identity, inform them of the charges, and record any statements made by the defendant. Orders and Warrants According to Article 99, the Public Prosecutor can issue various orders, including summons, arrest warrants, habeas corpus orders, and travel bans. Each order must detail the defendant's personal information, and the charges against them, and be signed and sealed by the Public Prosecutor. Arrest warrants and habeas corpus orders must be served by public authority members, and travel bans need to be communicated to all border points. If the defendant fails to appear after being summoned without a valid excuse or if there is a risk of escape, the Public Prosecutor may issue an arrest warrant and order detention, even if detention is not typically warranted. Validity and Execution of Orders Article 101 stipulates that execution orders issued by the Public Prosecution are valid throughout the country. However, arrest warrants and habeas corpus orders must be executed within 6 months unless reapproved by the Public Prosecutor. In accordance with Article 102, the Public Prosecutor must interrogate an arrested person immediately. If interrogation is not possible, the person must be held in a designated detention facility for no longer than 24 hours. If interrogation does not occur within this period, the detainee must be presented to the Public Prosecutor for immediate interrogation or release. Remand Detention Article 103 allows the Public Prosecutor to order detention under remand after interrogating the defendant if sufficient evidence exists and the offence is a felony or a misdemeanour punishable by more than a fine. The detention order must include specific data and direct the detention facility administrator to accept and detain the defendant. Article 105 requires that the detention order be sent to the administrator upon the defendant’s admission and that the Public Prosecutor be notified. The administrator may not allow contact between the detained individual and public authority members without written permission from the Public Prosecutor, with all visits and permissions recorded in the official register. Communication and Restrictions The Public Prosecutor may restrict the detained individual's communication with others, except for private contact with their lawyer. Article 107 provides for the extension of remand detention. The initial order is valid for 7 days, which can be renewed for an additional 14 days. If continued detention is necessary beyond these periods, the case must be referred to a criminal court judge, who may extend detention in increments of up to 30 days, with a total duration not exceeding 6 months. For offences punishable by death or life imprisonment, the judge may extend detention until the trial concludes. Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.  

Witnesses' appearance in court is mandatory when summoned. The law requires that witnesses be summoned at least 24 hours before the hearing, though they may appear without prior notice if requested by the plaintiffs. During the trial, the court has the authority to summon any person whose testimony may be deemed necessary to establish the facts of the case. The Criminal Procedure Law imposes penalties for witnesses who fail to appear in court after being summoned. Initially, a fine may be imposed, but if the witness fails to appear again or does not present a valid excuse, the court may impose heavier penalties, including doubling the fine and ordering their arrest. Witnesses who are unable to attend court due to illness or other valid reasons may have their testimony taken at their location, with the presence of the Public Prosecution and the plaintiffs. If the court finds that the excuse is invalid, it may impose penalties, including imprisonment or fines. Moreover, if a witness is unable to be heard for any reason, the court may rely on the previous statements made during the investigation. The court requires that each witness provide their personal details and take an oath before testifying to ensure the truthfulness of their statements. Testimonies are meticulously recorded without any modifications, and the records must be verified and signed by the court and the witness. During a trial, the court has the discretion to order the presentation of any evidence it deems necessary, even if not requested by the plaintiffs. Additionally, the court may appoint experts to assist in the examination of evidence, particularly in complex cases requiring specialized knowledge. Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.  

Introduction: The UAE has reinforced its commitment to combating financial crime with significant updates to its anti-money laundering (AML) legislation. Federal Decree-Law No. 20/2018, which originally established the framework for combating money laundering, the financing of terrorism, and the financing of unlawful organisations, has been significantly amended by Federal Decree-Law No. 26/2021 and more recently by Federal Decree-Law No. 7/2024. These updates enhance financial security and align with international standards.  Key Developments in Anti-Money Laundering Legislation Federal Decree-Law No. 20/2018 initially laid the foundation for the UAE's AML efforts. However, the complexity and evolving nature of financial crime necessitated further enhancements, leading to the introduction of Federal Decree-Law No. 26/2021. The latest update, Federal Decree-Law No. 7/2024, introduces critical changes that enhance the effectiveness of combating financial crime. Key Amendments Under Federal Decree-Law No. 7/2024 Formation of the National Committee The recent amendment to Article 11, effective from July 29, 2024, establishes the National Committee for Combating Money Laundering and the Financing of Terrorism and Illegal Organisations. This high-level committee, chaired by the Governor, will oversee and coordinate national AML efforts. The Cabinet, based on the proposal from the Minister of Finance, is responsible for the committee's formation. This move aims to consolidate efforts and ensure that the UAE's AML strategies are effectively implemented. Creation of the Supreme Committee A new addition to the AML legal framework is Article 12 bis 1, which establishes the Supreme Committee for Supervising the National Strategy to Combat Money Laundering and Terrorism Financing. This committee operates under the Presidential Court and is tasked with several key functions: The Supreme Committee will study, monitor, and assess the effectiveness of strategies and procedures employed by the National Committee. It will provide recommendations and decisions to enhance the AML framework. It will determine the requirements that the National Committee and other concerned entities must meet, supervising their execution. The committee will coordinate with relevant entities, ensuring they provide necessary support to the National Committee. It will supervise the mutual evaluation process to measure the UAE's adherence to international AML standards. The committee will propose draft laws and amendments to existing legislation, submitting these proposals to the Cabinet. It will propose necessary financial allocations for federal entities involved in executing the national AML strategy. The Supreme Committee may assume other tasks as determined by the Cabinet. The Cabinet may authorize the Chairman of the Supreme Committee to issue the work system for the committee. Establishment of the General Secretariat Article 12 bis 2 introduces the General Secretariat of the National Committee. This body will support the National Committee and be led by a Secretary General, who will also serve as the Deputy Chairman of the National Committee and a member of the Supreme Committee. The Secretary General's appointment will be decided by the Cabinet. Key functions of the General Secretariat include: The Chairman of the Supreme Committee will issue decisions to regulate the General Secretariat's structure, powers, and financial and administrative regulations. The Chairman of the National Committee may be authorized to issue some of these decisions. The Chairman of the National Committee has the authority to amend the General Secretariat's organizational structure below the level of departments.  New Amendments These amendments represent a significant step forward in the UAE’s approach to combating financial crime. The formation of the National Committee and the Supreme Committee, along with the establishment of the General Secretariat, creates a structured and coordinated effort to address money laundering and terrorism financing more effectively. By consolidating oversight and coordination under high-level committees and ensuring robust support structures through the General Secretariat, the UAE aims to enhance the effectiveness of its AML framework. These measures will not only align the UAE’s AML practices with global standards but also reinforce its position as a secure and transparent financial hub. Conclusion: The recent amendments introduced by Federal Decree-Law No. 7/2024 represent a significant advancement in the UAE’s fight against money laundering and terrorism financing. The establishment of the National Committee, Supreme Committee, and General Secretariat emphasizes the commitment to strengthening financial crime prevention measures and aligning with international standards.  

Introduction: Effective August 27, 2024, new telemarketing regulations in the UAE will come into effect under Cabinet Decision No. 56/2024. This new law aims to refurbish the way telemarketing is conducted, focusing on protecting consumers from unwanted calls and ensuring ethical practices within the industry. In addition, with this, Cabinet Decision No. 57/2024 introduces a detailed background for administrative penalties related with violations of these new rules. This article provides a detailed overview of the new regulations, including the full list of fines and enforcement measures. Key Provisions of Cabinet Decision No. 56/2024 Cabinet Decision No. 56/2024 establishes a structured framework for telemarketing activities within the UAE. Article 1 defines telemarketing phone calls as calls made by a company or an individual for marketing, advertising, or promoting products or services, including marketing SMS and social media messages. It also introduces the Do Not Call Register (DNCR), a national list managed by the Authority to protect consumers from unsolicited calls. Article 2 outlines the primary goals of the regulation: to organize telemarketing activities, support economic and social stability, and reduce unwanted calls, thereby safeguarding consumer privacy. Article 3 extends the regulation's applicability to all UAE-licensed companies, including those in free zones, and prohibits individuals from conducting telemarketing without appropriate licensing. Article 4 specifies companies' obligations, including obtaining prior approval for telemarketing, using local registered phone numbers, maintaining records of calls, and respecting the DNCR. Companies must also provide training on ethical marketing practices and adhere to specific calling hours. Article 5 imposes controls on telemarketing practices to prevent unethical behaviour. This includes prohibiting unfair pressure or misleading tactics, restricting calls to within specified hours (9:00 am to 6:00 pm) and avoid calling numbers listed in the DNCR, and limiting follow-up calls. Article 6 emphasizes consumer protection, allowing consumers to file complaints, register in the DNCR, and expect their personal data to remain confidential. Article 7 defines the penalties for violations, which can range from warnings to license cancellation, depending on the severity of the violation. Article 8 emphasises the cooperative efforts of various authorities to enforce these regulations and educate both consumers and companies. Article 9 details the competencies of the Ministry, Central Bank, Securities and Commodities Authority, and local authorities in overseeing telemarketing activities. Finally, Article 10 grants the Minister the authority to issue additional decisions to address any attempts to avoid the regulations. Administrative Penalties Under Cabinet Decision No. 57/2024 Cabinet Decision No. 57/2024 introduces administrative penalties for telemarketing violations, applicable to both companies and individuals, including warnings, fines, and potential suspension or cancellation of licenses for companies, while individuals may face fines and restrictions. Fines can be adjusted through proposals coordinated with relevant authorities, and federal authorities or the Central Bank are responsible for fine collection. The grievance process allows affected parties to file complaints within 15 days of receiving a notice, with decisions made within 30 days. The Penalties for Specific Violations Include: Failure to Obtain Prior Approval: Companies that engage in telemarketing without prior approval face escalating fines: AED 75,000 for the first offence, AED 100,000 for the second, and AED 150,000 for the third, as outlined in Article 4/1. Inadequate Training for Marketers: Companies that do not provide comprehensive training on professional conduct and the DNCR face fines of AED 10,000 for the first offence, AED 25,000 for the second, and AED 50,000 for the third, as detailed in Article 4/2. Telemarketing from Unregistered Numbers: Using unregistered numbers incurs fines of AED 25,000 for the first violation, AED 50,000 for the second, and AED 75,000 for the third, according to Article 4/3. Contacting Numbers on the DNCR: Contacting consumers listed in the DNCR results in fines of AED 50,000 for the first violation, AED 75,000 for the second, and AED 150,000 for the third, as specified in Article 4/5. Record-Keeping Failures: Companies failing to maintain and submit records of telemarketing calls face fines of AED 10,000 for the first violation, AED 25,000 for the second, and AED 50,000 for the third, as stated in Articles 4/6 and 4/8. Similarly, failure to record calls or notify consumers about recordings incurs fines of AED 10,000 for the first time, AED 20,000 for the second, and AED 30,000 for the third violation, according to Article 4/7. Introduction and Disclosure Failures: Fines for failing to introduce the company and purpose of the call or disclose the source of phone numbers range from AED 10,000 for the first violation to AED 30,000 for the third, as outlined in Articles 4/11 and 4/12. Unethical Marketing Practices: Fines for using aggressive tactics, deception, or making calls outside permitted hours range from AED 10,000 to AED 75,000, depending on the nature and frequency of the violation, as described in Articles 5/1 to 5/6. Excessive Follow-up Calls: Calling back consumers excessively or using automated systems improperly incurs fines ranging from AED 10,000 to AED 50,000, as outlined in Articles 5/4 and 5/5. Disclosure of Personal Data: Disclosing or trading consumer data without consent incurs severe penalties, starting at AED 50,000 for the first offence and increasing to AED 150,000 for subsequent violations, according to Article 6/4. Additionally, individuals making marketing calls may face penalties. First-time offenders may face a fine of AED 5,000 and suspension of their phone numbers until the fine is paid. Repeat offences within 30 days may result in a fine of AED 20,000 and a three-month suspension. A third offence may lead to a fine of AED 50,000 and a 12-month ban on obtaining telecommunication services, as per Article 3/2. Conclusion: Both companies and individuals involved in telemarketing should thoroughly familiarize themselves with these regulations to avoid significant fines and penalties. Compliance with these rules will not only help avoid legal consequences but also contribute to a more consumer-friendly marketing environment.  

Introduction: The rise of digital transactions has transformed interactions between consumers and businesses.As technology rapidly advances, regulatory frameworks must adapt to address emerging challenges. Federal Decree-Law No. 14/2023 on Trading by Modern Technological Means is a significant legislative framework in the UAE for digital transactions. This article explores key provisions of the Decree-Law related to consumer rights, e-security, and data privacy, highlighting their implications for both consumers and businesses. Consumer Rights in Digital Transactions Federal Decree-Law No. 14/2023 establishes robust protections for consumers engaged in digital transactions. Article 5 authorizes that businesses must obtain necessary approvals, permits, and licenses from the Competent Authority. This includes the obligation to ensure a technically secure trading environment and to sell only legally permissible goods and services. Businesses must also ensure transparent communication regarding the terms and conditions of digital transactions. This includes clear disclosure of pricing, product details, and terms of service, ensuring consumers have all necessary information before making a purchase. Article 6 enforces the consumer's right to accurate and truthful information, requiring businesses to provide reliable data about their products and services. Consumers are entitled to receive goods and services that match the advertised specifications and terms. They should have access to secure purchasing methods, clear options for opting out of marketing communications, and transparent mechanisms for rating and reviewing their experiences. Additionally, consumers have the right to file complaints and access reliable contact information for resolution. Digital merchants must also publicly disclose their licenses, contact details, and physical addresses. According to Article 7, consumers can return items if they are defective, damaged, not as described, or if delivery is delayed beyond usability. Returns are also permitted if the goods or services violate the terms of the digital contract. However, the right to return is forfeited if the consumer has used the goods, missed the statutory return period of three weeks, or if the items are perishable or non-returnable as specified by the Minister. Additionally, Article 8 defines consumer obligations when purchasing through digital means. Consumers must engage with recognized technological platforms, avoid abusing return rights, and thoroughly review product specifications and contract terms. Prompt payment for purchased goods and services is also required. E-Security Measures for Businesses E-security is an essential factor of the Decree Law, emphasizing the need for businesses to implement robust measures to protect digital transactions from fraud and cyber threats. Article 10 highlights the requirement for businesses to adopt appropriate security measures to safeguard financial and personal information. This includes encryption protocols, secure payment gateways, and regular security audits to ensure that sensitive data remains protected. Article 11 defines the obligations of businesses to report any data breaches or security incidents to the relevant authorities promptly. Data Privacy Protections Data privacy is a central concern in digital transactions, and Federal Decree-Law No. 14/2023 addresses this through rigorous data protection requirements. Article 12 authorizes businesses to collect and process personal data only for legitimate purposes and with the explicit consent of the individuals concerned. Article 13 further strengthens data protection by requiring businesses to implement measures for data anonymization and secure storage. Dispute Resolution Mechanisms Article 9 of the Decree-Law outlines the mechanisms for resolving disputes arising from the application of its provisions. The Ministry or the Competent Authority within the Emirate may establish a Dispute Resolution Committee to address disputes related to the Decree Law. This Committee will have clearly defined competencies and an operational framework, as determined by the decision on its formation. The Ministry is also empowered to form such a committee, in coordination with the Competent Authority, to further the Decree-Law's objectives and safeguard consumer interests. Article 9 also permits arbitration as a means of dispute resolution. Disputes covered by existing arbitration agreements can still be referred to arbitration, provided they do not conflict with the Decree-Law's provisions. However, for digital contracts valued below AED 50,000, the inclusion of an arbitration clause is not permissible. If arbitration is pursued after a Dispute Resolution Committee's decision, such arbitration will render the Committee’s decision null and void. This ensures that once a Committee’s resolution is issued, it stands as the final resolution unless arbitration was previously agreed upon. Conclusion: Federal Decree-Law No. 14/2023 provides a comprehensive regulatory framework for digital transactions in the UAE, focusing on consumer rights, e-security, and data privacy. By mandating transparency, implementing strict e-security measures, and safeguarding personal data, the Decree Law aims to create a secure and reliable digital marketplace. Understanding and complying with these provisions is crucial for both consumers and businesses to navigate the complexities of modern technology transactions effectively.  

Introduction: The UAE has established a comprehensive legal framework under Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism.This Decree-Law aims to address and mitigate incidents of discrimination and hate based on religion, gender, race, and colour. This article provides a detailed guide on the reporting provisions of this Decree-Law and outlines the steps for reporting such incidents. According to Article 1 of Federal Decree-Law, Discrimination is defined as any distinction, limitation, exception, or preference among individuals or groups based on religion, belief, rite, community, sect, race, colour, ethnic origin, or gender. Additionally, Hate Speech is defined as any word or act that sows discord or leads to strife or discrimination among individuals or communities. Extremism refers to any act carried out by one or more persons or a group based on ideas, ideologies, values, or principles that affect public order or lead to the defamation of religions, discrimination, or provocation of hate speech. Defamation of Religions Article 4 includes acts such as blasphemy, disrespect, or insult against religions, holy rites, holy places, or religious figures. Such offences may be punishable with imprisonment of up to two years and fines ranging from AED 250,000 to AED 1,000,000. More severe acts may result in higher imprisonment terms and fines as detailed in Article 5. Penalties for Discrimination and Hate Speech Discrimination (Article 6): Any acts of discrimination may result in imprisonment for at least one year and fines ranging from AED 500,000 to AED 1,000,000. Hate Speech (Article 7): Acts provoking hate speech are subject to similar penalties, including imprisonment for at least one year and fines ranging from AED 500,000 to AED 1,000,000. Incitement of Tribal Strife (Article 8): Provoking tribal conflicts to incite hatred may lead to imprisonment for up to six months and fines ranging from AED 50,000 to AED 200,000. Article 22 provides that individuals who report acts of discrimination or hate crimes before they occur may be exempt from penalties if their information leads to the detection or prevention of the offence. If reported after the incident, the individual may receive reduced penalties if they assist in the arrest of offenders. Judicial Process The courts in each Emirate have jurisdiction over cases involving discrimination and hate crimes. Federal courts will handle cases involving individuals or groups listed on extremism lists or where extremism is a factor, as specified in Article 23. Aggravating Circumstances Article 9 considers offences committed by public employees or religious figures, or within places of worship, as aggravating circumstances. These circumstances may lead to enhanced penalties. Counselling and Surveillance According to Article 18, individuals with serious aspects of extremism may be placed in counselling centres, with periodic reports provided to the court. Measures such as travel bans, surveillance, and residence restrictions may be imposed under Article 19, as determined by the court. Violations of these measures can result in imprisonment. Conclusion: Federal Decree-Law No. 34/2023 represents a significant step in strengthening the fight against discrimination and hate crimes. By adhering to these guidelines, individuals can play a crucial role in reporting and addressing such offences, thereby contributing to a more inclusive and respectful society.  

Introduction: The introduction of the Small Business Relief under Article 21 of the UAE Corporate Tax Law (Federal Decree-Law No. 47 of 2022) aims to support small businesses by exempting them from corporate tax obligations,provided they meet specific criteria. This relief is particularly significant as it allows small enterprises to flourish without the burden of taxation, promoting a more favourable environment for entrepreneurship and economic growth.  Overview of Small Business Relief Small Business Relief allows qualifying resident taxable persons to be treated as if they have not derived any taxable income for a tax period if their revenue does not exceed AED 3 million. This provision is particularly beneficial for small enterprises, enabling them to focus on growth and operational efficiency without the added pressure of corporate tax obligations. Key Features of Small Business Relief Revenue Threshold: The revenue threshold for Small Business Relief is set at AED 3 million for each tax period. This threshold applies to all tax periods ending before or on December 31, 2026. Exemption from Corporate Tax: Eligible businesses are exempt from paying corporate tax during the applicable tax periods, allowing them to retain earnings that can be reinvested into their operations. Simplified Accounting Requirements: Businesses opting for this relief can prepare their financial statements using the cash basis of accounting, simplifying their financial management and compliance processes. Election Process: To claim Small Business Relief, businesses must elect this option by notifying the Federal Tax Authority (FTA) through their tax return for the respective period. Eligibility Criteria: To qualify for Small Business Relief under Article 21, a business must meet specific criteria: Revenue Limit: The total revenue must not exceed AED 3 million for the relevant tax period and all previous tax periods. Business Type: The relief applies to various types of entities, including: Juridical persons incorporated in the UAE. Juridical persons incorporated outside the UAE but managed from within. Natural persons conducting business activities in the UAE. Impact on Other Corporate Tax Rules: While Small Business Relief provides significant benefits, it also comes with limitations: Inapplicability of Other Tax Provisions: Businesses that elect for Small Business Relief cannot apply certain other corporate tax reliefs such as: Tax loss carryforwards. General interest deduction limitations. Verification Measures: The FTA retains the right to verify compliance with eligibility criteria and may request relevant information from businesses claiming this relief. General Anti-Abuse Rule (GAAR): Under Article 50 of the Corporate Tax Law, if businesses artificially separate their activities to qualify for Small Business Relief while exceeding the revenue threshold collectively, they may face adjustments to their corporate tax liabilities. Ministerial Decision No. 73 of 2023 on Small Business Relief for the Purposes of Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses Further clarifying the provisions of Small Business Relief, Ministerial Decision No. 73 of 2023 outlines specific conditions under which businesses can claim this exemption: Revenue Calculation: Revenue must be determined according to applicable accounting standards accepted in the UAE. Non-Eligibility for Certain Entities: The decision specifies that qualifying free zone persons and members of multinational enterprise groups are not eligible for Small Business Relief. Verification Measures: The Federal Tax Authority (FTA) may request relevant records or information to verify compliance with the conditions set forth in both the Decree-Law and the Ministerial Decision. Artificial Separation of Businesses: The FTA will scrutinize arrangements where businesses appear to have artificially separated their activities to qualify for Small Business Relief while exceeding revenue thresholds collectively. Conclusion: The Small Business Relief provision under the Federal Decree-Law No. 47/2022 is a strategic initiative designed to foster growth among small businesses in the UAE. By reducing their tax burden and simplifying compliance processes, this relief allows small enterprises to thrive in a competitive market environment. As businesses evaluate their eligibility and consider claiming this relief, they must carefully assess its implications on their overall financial strategies and compliance obligations.  

Introduction: In the context of domestic abuse, particularly where children are involved, mothers in the UAE have robust legal avenues to protect themselves and their children. This protection is supported by Federal Law No. 28 of 2005 on Personal Status, Federal Decree-Law No. 10 of 2019 on Protection from Domestic Violence, and Federal Law No. 3 of 2016 on Child Rights (Wadeema Law). The legal framework ensures that any form of abuse is addressed with stringent measures to safeguard the welfare of children. Domestic Violence Definitions and Scope: Federal Decree-Law No. 10/2019, Article 3: Defines domestic violence broadly, including physical (Article 5.1), psychological (Article 5.2), sexual (Article 5.3), and economic abuse (Article 5.4) committed by a family member against another. This includes actions that harm the physical or mental well-being of family members beyond the abuser's authority. Wadeema Law: Reinforces protection from abuse, emphasizing that children must be safeguarded from all forms of neglect, exploitation, and physical and psychological harm. It upholds a child’s right to live in a safe environment, free from violence, with priority given to their best interests (Article 3). Obtaining a Protection Order: Federal Decree-Law No. 10/2019, Article 6: Provides for the issuance of protection orders by the Public Prosecution, upon request of the abused person or automatically. These orders can prohibit the abuser from harming or approaching the abused person, their personal property, or family members. They also ensure access to necessary personal effects and may include other protective measures deemed necessary. Wadeema Law, Article 33: This law provides additional protective measures, where authorities are obligated to intervene if a child is in danger due to domestic violence. This may involve removing the child from the abusive environment or arranging for their care in protective custody. Legal Remedies under Personal Status Law: Federal Law No. 28/2005, Article 122: Allows for divorce on grounds of harm or endangerment caused by the spouse, including abusive behaviour towards the children. This provision is important for seeking divorce from an abusive father to ensure the protection of both the mother and the children. Wadeema Law, Article 20: Provides additional legal remedies by ensuring children have the right to protection from all forms of physical or emotional violence, both within the family and in care institutions. This strengthens the mother’s case when seeking custody or protection from an abusive father. Penalties for Violating Protection Orders: Federal Decree-Law No. 10/2019, Article 8: Specifies penalties, including imprisonment for up to three months and/or fines ranging from AED 1,000 to AED 10,000, for violating protection orders. The severity of penalties increases if violence accompanies the violation, highlighting the state's commitment to enforcing protective measures effectively. Wadeema Law, Articles 36-38: Criminalizes various forms of abuse, neglect, and exploitation of children. Violators can face harsh penalties, including imprisonment, if found guilty of harming a child, further strengthening the legal remedy available to mothers. Steps for Protection and Legal Action Reporting and Seeking Assistance: Mothers experiencing domestic violence should promptly report incidents to authorities or seek help from support organizations. This initiates legal proceedings under the protection laws to safeguard their and their children's safety. Under the Wadeema Law, authorities are mandated to respond to any reports of child abuse and take immediate action. Applying for Protection Orders: Mothers can apply for protection orders through Public Prosecution, detailing the abusive behaviour and providing evidence where possible. These orders offer legal protection and can be extended by court order if necessary. The Wadeema Law ensures that children’s well-being is prioritized in such proceedings. Divorce and Custody Arrangements: Utilizing the Personal Status Law, mothers can pursue divorce and custody arrangements that prioritize the children's safety and well-being. Courts consider evidence of abuse when deciding on custody, often ensuring supervised visitation or restricted access for the abusive parent. The Wadeema Law, with its emphasis on child protection, ensures that the best interests of the child are paramount in any custody decisions. Conclusion: The UAE's legal framework, integrating Personal Status Law, Federal Decree-Law No. 10/2019, and Wadeema Law, provides mothers with comprehensive means to protect their children from abusive fathers. By understanding their rights under these laws, seeking timely legal intervention, and utilizing protection orders and divorce proceedings where necessary, mothers can establish a safer environment for themselves and their children.  

Introduction: The extradition process plays a significant role in international criminal law, allowing countries to cooperate in bringing absconders to justice.  UAE has established a comprehensive legal framework governing extradition, particularly with the enactment of Federal Decree-Law No. 39/2006 and the recent amendments introduced by Federal Decree-Law No. 38/2023. This legislation addresses the processes and principles surrounding the extradition of individuals accused or convicted of crimes, emphasizing the rights of individuals involved and the responsibilities of authorities.  Legal Framework of Extradition in the UAE: The UAE Extradition Law is primarily governed by Federal Decree-Law No. 39/2006 on International Judicial Cooperation in Criminal Matters, with significant amends made by Federal Decree-Law No. 38/2023. The law is designed to facilitate cooperation between the UAE and other states in combating crime while respecting individual rights and the sovereignty of the UAE. Additionally, these laws describe the processes involved in extraditing individuals accused of or convicted of crimes. Scope of Extradition Extradition is applicable to individuals sentenced to custodial penalties of 6 months or more or accused of committing crimes punishable by at least one year of imprisonment. The extradition process is initiated by the Public Prosecutor, who may request the Central Authority to communicate with foreign judicial authorities regarding extradition matters. Conditions for Extradition Under the Extradition Law, extradition requests are evaluated based on several conditions: Type of Crime: Extradition is permissible for individuals sentenced to custodial penalties of at least 6 months or accused of crimes carrying a potential custodial penalty of one year or more. Dual Criminality: The act for which extradition is requested must be a crime in both the requesting and requested states. Non-Political Offenses: The law prohibits extradition for political offences, and the requested state has the discretion to refuse extradition if the crime is deemed political in nature. Grounds for Extradition Requests Extradition requests must be supported by several documents, including: A detailed description of the individual to be extradited. Information on the crimes committed, including legal characterizations and applicable laws. Supporting documents translated into the language of the foreign judicial authority. Rights of the Extradited Person Individuals subject to extradition have specific rights to ensure a fair process: Right to Legal Representation: The extradited individual has the right to legal counsel during the extradition proceedings. Right to Challenge: The person may contest the extradition request in court, allowing for a judicial review of the request's legality and adherence to the stipulated criteria. Protection Against Torture or Death Penalty: The UAE law mandates commitments from the requesting state not to execute the death penalty or subject the extradited individual to torture. Extradition Procedures The procedures for extradition in the UAE involve several key steps: Extradition Request: The process begins with a formal request from the competent authority of the requesting state to the UAE's Central Authority. This request must include detailed information about the accused, the crimes alleged, and supporting documents. Judicial Review: The Public Prosecutor or a designated delegate reviews the extradition request and ensures compliance with the legal requirements. If the request meets all conditions, it proceeds to the relevant judicial authority. Court Proceedings: The court will assess the request based on the established criteria, allowing the accused to present their defence. The court’s ruling can be appealed, providing an additional layer of judicial scrutiny. Surrender: If the court grants the extradition, the individual will be surrendered to the requesting state, which is responsible for bearing the costs associated with the extradition. Recent Amendments and Their Impact The amendments introduced by Federal Decree-Law No. 38/2023 enhance the extradition process, emphasizing timely communication and cooperation between states. Key changes include: Restructured Request Process: The law specifies the manner of submission for extradition requests, emphasizing diplomatic channels and the necessity for translations. Urgent Cases: The law allows for expedited procedures in urgent cases, facilitating quicker action on time-sensitive extradition requests. Transit of Individuals The law also provides for the transit of individuals through the UAE if they are subject to extradition. The Public Prosecutor may approve transit, ensuring it does not compromise the UAE's sovereignty or security. Rights of the Extraditee The UAE Extradition Law guarantees certain rights for individuals facing extradition: Legal Representation: Individuals subject to extradition have the right to legal representation throughout the extradition process. They can engage legal counsel to ensure their rights are protected and to contest extradition requests effectively. Grievance Mechanism: The law allows individuals to submit grievances against extradition decisions to the competent court. This process ensures a fair hearing and an opportunity to challenge the basis for extradition. Protection Against Unlawful Extradition: The law prohibits extradition in cases where the individual may face the death penalty or in situations where extradition would violate human rights principles. This is particularly crucial in ensuring that individuals are not subjected to inhumane treatment or unfair trials. Extradition Procedures Initiating Extradition Requests: Extradition requests are submitted through diplomatic channels by the Public Prosecutor or a designated delegate. The requests must be comprehensive, including all necessary documentation to support the extradition. Arrest and Detention: In urgent cases, the Public Prosecutor may issue a warrant for the arrest of the extraditee, allowing temporary detention pending the completion of extradition procedures. The warrant must comply with legal conditions and be communicated through official channels. Judicial Oversight: The competent judicial authority in the UAE has the final say on extradition matters. It reviews the requests, ensures compliance with legal requirements, and safeguards the rights of the extraditee. Controlled Surrender of Property: The law also addresses the surrender of items related to the crimes for which extradition is requested. The Public Prosecutor may authorize the surrender of evidence or proceeds of crime, ensuring that rights of third parties are respected. Conclusion: The UAE Extradition Law provides a robust legal framework for international cooperation in criminal matters while safeguarding the rights of individuals. As global crime continues to evolve, the efficacy of these legal mechanisms will be crucial in addressing challenges posed by transnational crime.  

In the UAE, custody of children following the divorce of Muslim parents is governed by Federal Law No. 28/2005 on Personal Status Law. A common concern for fathers is whether they can obtain custody after their ex-wives remarry. Understanding the relevant legal provisions and considerations is crucial for addressing custody disputes. Legal Framework under the Federal Law No. 28/2005 on Personal Status Law The UAE Personal Status Law establishes guidelines for custody that include the care, education, and safeguarding of the child. The law outlines specific roles for each parent: the mother typically has the first right to custody, followed by the father. The custodian is responsible for the day-to-day care of the child, including aspects such as feeding, clothing, and providing emotional support. On the other hand, the guardian, usually the father, is responsible for offering financial support and overseeing the child's upbringing. Custody Rights and Conditions Articles 142 to 156 of the UAE Personal Status Law outline the rights and responsibilities of custodians, emphasizing the paramount importance of the child’s best interests. To be eligible as a custodian under Article 143, individuals must meet several specific conditions, including possessing sound judgment, having attained maturity (defined as reaching the age of maturity), establishing fidelity, and having the capability to adequately raise and care for the child. Additionally, the custodian must ensure safety from dangerous contagious diseases and must not have any prior convictions for crimes against honour. Furthermore, Article 144 addresses the custodian's religion. If the custodian is a woman, she must share the same religion as the child and should not be married to a man who is not related to the child unless the court decides otherwise in the best interest of the child. Article 145 states that if a custodian is of a different religion than the fostered child, her custody rights may be forfeited unless the judge deems otherwise, particularly if the fosterage period ends upon the child completing five years of age. Right to Custody (Article 146) The right to custody primarily belongs to the mother, followed by the father and then maternal relatives. However, the law emphasizes that custody decisions must always prioritize the child's best interests. Mother’s Custody After Remarriage If the mother remarries, her right to custody remains unless the new husband presents a risk to the child’s well-being. Courts may evaluate the circumstances, including the mother’s ability to provide a stable environment. Father’s Right to Custody Fathers have the right to request custody of their children, particularly if he can prove that the mother’s new marriage negatively affects the child's welfare. In evaluating such requests, the judge may consider several key factors, including the father's ability to provide for the child, the stability and suitability of his living conditions, and his overall emotional and financial stability. These considerations are essential in determining whether a change in custody is in the best interests of the child, ensuring that the child’s welfare remains the paramount concern in custody disputes. Furthermore, Articles 143 to 144 specify conditions that must be met by a custodian, including sound judgment, maturity, and the ability to care for the child. These criteria apply to both mothers and fathers. Judicial Discretion (Article 156) Courts have the discretion to extend the mother’s custody rights if it is deemed in the child’s best interest, particularly if the child is of unsound mind or has a disability. According to Article 156, the mother is entitled to custody of the child until the male child attains 11 years of age and the female child attains 13 years of age. It is important to note that the law provides the father with an opportunity to claim custody of the child or children once the male child reaches 11 years of age and the female child reaches 13 years of age. The court may grant sole custody to the father if it determines that the mother is unfit to care for the child and the father is better suited to provide for the child's best interest. The father bears the responsibility of establishing before the court that the mother is unfit to care for the child. The court has the authority to modify the custody arrangement if it deems it necessary for the best interests of the child.  

In the light of reports received by the Abu Dhabi Public Prosecution regarding a lack of commitment and discipline in the performance of State dictated punitive community service,it has been held that the Courts can substitute such services for jail time, for the duration of the sentence or until its completion. Punitive Community Service Provisions under Section 7, Article 111 of the Federal Law by Decree No. (31) of 2021 govern the different criminal measures that maybe imposed on a convict, under which Article 111(4) provides community service as a freedom restricting measure. The Articles 121, Article 122, Article 123 and Article 124 state that in cases of petty crimes wherein jail time does not exceed 6 months, alternative punishments in the form of compulsory community services may be decreed by the court. The period of community service enforced on the convict, must not exceed three months. Areas Of Community Service The decree of the Council of Ministers No. 41 of 2017 lists out 19 categories of community service in the following areas: Memorising (Hifz or Tahfiz) parts of the Holy Quran. Serving in the care centres for individuals with disabilities. Serving in nursing homes. Serving in juvenile care centres. Serving in nurseries or kindergartens. Serving in maternity and childhood centres or women's associations. Service in the traffic departments. Relief work or transfer of injured persons. Civil defence services. Collection of donations or distribution of aids and subsidies. Teaching in adult education centres. Cleaning or maintenance of mosques. Cleaning and maintenance of public facilities, roads, streets, public squares, beaches, parks or protected areas. Participating in activities, events and ticket sales. Food control work. Planting and maintenance of public parks or protected areas. Loading and unloading containers in ports. Care of birds and animals in zoos or reserves. Service in petrol stations. Imprisonment Versus Community Service Convicting a person to spend time in jail, especially in case of petty crimes, has often been criticised as this can lead the convict to come in contact with seasoned and often dangerous criminals. The convict may also lose the support system of their family, and such convictions may lead them to be shunned by the larger society, often driving them deeper into a life of crime. The overall negative effect may have long term implications. In such scenarios, the option of community service, in the place of a jail sentence, may be immensely beneficial. The sentenced person will now have an opportunity to reflect on his actions in an environment that is sure to fuel feelings of guilt and remorse. Misuse Of Provisions Although these provisions were laid down to help and recondition petty criminals, it has been reiterated that if the Order for community services are not carried out with the commitment and seriousness that it requires, such Orders will be reverted to jail time. This has also been explicated under Article 124 of the Federal Law by Decree No. (31) of 2021. The judiciary often goes to great lengths to not only provide justice to the victims, but also ensure that the judgement that it passes benefits in the rehabilitation and the upliftment of the offenders. But such judgements aimed at aiding in rehabilitation must not be seen as a weakness of the judiciary, as this will only give way to harsher punishments towards the wrongdoers. Author: Dr. Hassan Elhais

Until recently, the UAE courts only allowed registration of islamic marriages. However, newly added legal provisions now allow non-Muslim couple to register marriages in the UAE courts. Accordingly, residents of UAE can marry inside or outside the country and then take a few steps to authenticate the marriage as per law. IMPORTANCE OF ATTESTATION Attestation is the process of proving that a document is authentic and valid, by verifying it before relevant authorities. It is a legal acknowledgemnt of the authenticity of a document and a verification that proper processes were followed. An attested document fulfills multiple legal needs, such as family sponsorship, purchasing property, or enrolling children in educational institutions etc. ATTESTATION WHEN MARRIAGES ARE SOLEMNIZED OUTSIDE UAE A marriage that occurs outside the UAE can be attested in the UAE through a straightforward process. Once the marriage is solemnized, a marriage certificate will be required to be obtained from the appropriate authority of the place where the marriage took place. A marriage registration office or a similar department of the government issues state recognized marriage certificates. The marriage certificate must subsequently be notarized by a notary public and then attested by the Ministry of Foreign Affairs of the Country as well as the UAE embassy in the country. The Certificate is finally attested by the Ministry of Foreign Affairs (MoFA) in the UAE. The marriage certificate is now ready to be submitted for the use of obtaining visa, immigration department or other legal purposes. ATTESTATION WHEN MARRIAGES ARE SOLEMNIZED WITHIN UAE Federal Law N0 (41) of 2022 on Civil Personal Status and Abu DHabi Law o.14 of 2021 provides provisions for civil marriages in the UAE. To be married as per civil personal status laws, one must submit an application to either the Abu Dhabi Judicial Department website, or the Dubai Court, by filling out the marriage application form and submitting the required documents. The couple will be given a date and time when the marriage ceremony is to take place. On the said date, at the end of the ceremony, the couple will be required to sign the marriage certificate. There is no further action required once the marriage certificate has been issued. The marriage contract between a Muslim couple should be registered with a sharia court. Although the certificate thus obtained is valid within UAE; however, to be used outside UAE, the certificate may be attested by the Ministry of Foreign Affairs, and then by the embassy of the country where the document is required. In conclusion, attesting a marriage certificate serves as more than a mere legal requirement; it provides significant advantages for a couple as they navigate their future, whether in the UAE or anywhere else they choose to reside. Author: Dr. Hassan Elhais

In the current world, where trade ties are vital in strengthening the economy of a country, it is often necessary to enter into legal contracts with various entities around the world.It is also necessary that these contracts are based on agreements and policies common to all, so as to secure the interests of all parties. A common aspect in trading and contracts is the question of default of agreements and how such defaults can be remedied. As the legal system in the United Arab Emirates is based on Sharia (Islamic Law), questions often arise on the imposition of interest on commercial settlements and Arbitration orders and whether the same can be enforced in the UAE. Riba and Interest Riba literally translates to ‘increasing’ or ‘excessive’, and generally refers to Interest or Usury.  Due to its nature of increasing the gap between the rich and the poor, and with a view to promote equity in commerce, Riba has been forbidden in Islam. But certain scholars have interpreted Riba to include only Usury, arguing that when interest implies to an increase in debt amount which is an adjustment to inflation, such amounts do not fall under the ambit of Riba. As a result of the varied interpretation available, although the UAE Penal Code prohibits interest between individuals, certain forms of interest in the commercial ambit are permissible. UAE Penal Code Chapter 5, Article 458 of the UAE Penal code strictly forbids Usury or interest between two people. The penalty of imposing interest on a person is a minimum imprisonment of one year, and fine of not less that AED 50,000. The Article also forbids latent interest, i.e., any commission or benefit specified by a creditor as a consideration, wherein such commission has no corresponding legal benefit from the creditor. Article 459 issues further stringent penalties in case of repeat offenders of Usury.  UAE Civil Code With reference to contracts entered between parties, Article 714 of the UAE Civil Code (Civil Transaction Law) states that if such a contract stipulates the payment of a benefit that exceeds the contract requirement, other than ensuring the rights of the borrower, that stipulation is void, but the contract remains valid. UAE Commercial Code The law perceives the interest imposed on delayed payment in a different manner. Pursuant to Article 72 of the UAE Commercial Code, interest on commercial loans is permitted as per stipulations in the contract, or the market rate at the time, provided that the said interest does not exceed 9% until full payment. The interest here is seen as a compensation for the delay in the payment of loan. However, in an open hearing held on 9/6/2021 in Appeal No. 1 of 2021, the General Assembly Cassation in Dubai has passed a decision that interest rates in commercial transactions must be reduced to 5% or below. Similarly, Courts in Ras Al Khaimah and other emirates are also employing their discretionary power to impose interest at a rate that does not exceed 5%. A pattern has also emerged in the Abu Dhabi courts where the interest rates now awarded range between 1% and 3 %. Arbitration Proceedings Interest may also be assessed in the context of Arbitration proceedings. Here too, levy of interest is permitted to compensate delay in payment, as long as all such interests are calculated at an appropriate rate. Usury, defined as lending money at inflated rates of interest has been banned across many religions since ancient times. The practice of Usury has negative effects on both economic and social aspects of society. It exploits the poor to such an extent that people engaged in it often find themselves in an endless cycle of borrowing money from different lenders. The money received from Usury are rarely invested to create any economic value, but rather, lent to other desperate individuals thus pulling more people into poverty. A famous saying goes ‘Money is more valuable than anything you could do with it’ and this perfectly ties to the practice of Riba. Author: Dr. Hassan Elhais

In the UAE, non-citizens constitute approximately 70% of the country’s population. This is made up of residents and tourists present in the country.People arriving in the UAE for the purpose of tourism, enter on a tourist Visa, or a temporary visa. Even so, the tourists in the UAE are liable to access all the amenities available to its citizens, and only lack certain rights like the right to work. People on tourism visa are equally liable to contractual obligations and penalties similar to residents of the country. If a tourist is found to have defaulted in payment of dues owed to another person or entity, or has outright refused to pay for services used by him, he will be liable to discharge such dues or payments, or else be made to face the consequences. Under Part 5, Article 319 to Article 327 of the Civil Procedure Code (“Code”) of UAE explains the laws regarding detention of a debtor and how he can be banned from travelling out of the country. TRAVEL BAN UNDER CIVIL PROCEDURE CODE As per Article 324 of the Code, a creditor may request a competent judge to issue an immediate order, prior to the disposal of the suit, to ban a debtor from travelling abroad, if the following conditions are met: If the debtor is at flight risk If the debt is AED10,000 or more. The debt should be of a definitive amount If the debt is not of a definite amount, then the Judge may evaluate the debt using written evidence and the creditor's guarantee to cover damages REMOVAL OF TRAVEL BAN Travel ban in such cases are automatically removed if the debtor discharges his debt, or if the creditor revokes legal proceedings. TRAVEL BAN UNDER CRIMINAL LAW If the creditor makes a criminal complaint against the debtor regarding non-payment of dues in the form of a complaint of theft, fraud or breach of trust, and the debtor is then charged by the authorities, an automatic travel ban will be imposed on the debtor. Travel Ban in such cases will be lifted only after the acquittal of the debtor. HOW TO CHECK THE STATUS OF A TRAVEL BAN If a person suspects that a travel ban may be imposed on him/her in Dubai, they may check the status of the ban in the following link: https://www.dubaipolice.gov.ae/wps/portal/home/services/individualservices/financialcircularpayment?firstView=true Similarly, to check if someone has a travel ban on them in Abu Dhabi, they may check the status of the ban here: https://www.adjd.gov.ae/sites/eServices/EN/Pages/Estafser.aspx One may also enquire about the status of cases filed against them by visiting the official page of UAE’s Public Prosecution, using the link below: https://www.pp.gov.ae/webcenter/portal/PublicProsecutionPortal/pages_generalenquiry/casesinquiry Author: Dr. Hassan Elhais

Obtaining a driver’s license is a rite of passage for every individual. It is a symbol of coming of age for teenagers and young adults, as well as the first significant step that one takes after moving to a new country. The driver’s license issued by the UAE government allows an individual to drive in all the seven Emirates of the UAE, and serves as a document of proof showing that one has the knowledge of the traffic rules in the country and the competence to drive. New Regulations Governing Driver's License The recently passed Federal Decree Law No. 14 of 2024 on traffic regulation (“Law”) has made some significant changes on the provisions regulating driver’s license and vehicular licenses, including the minimum age for the application of the driver’s license. Conditions that Make one Eligible for As per Article 10 of the new Law, a person may apply for their driver’s license at the age of 17. Additional requirements for the application of driver’s license include completing the medical examination and the driving test conducted by the licensing authority. It is obligatory to carry a driver’s license in Dubai and subsequently submit the license to the authorized representative whenever requested for verification. It is the duty of a vehicle owner to ensure that his vehicle is not used by anyone who does not hold a valid driver’s license. Driving License for Visitors and Tourists UAE has approved a list of countries who driver’s licenses are considered acceptable and valid in the UAE during transit and visitation. One may also use the international driving license for the same purpose. Suspension of Liscense As per Article 12 of the law, a driver’s license may be suspended by the licensing authority in the following scenarios: If the license holder is found to lack the capacity or the medical fitness necessary to operate the vehicle or if the traffic control authority deems it necessary, the license may be suspended in accordance with the security and traffic safety regulations Learner's License Articles 14 and 15 laws down the laws related to learners and driving instructors. People who want to learn to drive must do so only after acquiring a learner’s license issued by the licensing authority. Similarly, to teach driving, one must hold a training permit and the specific license required to operate the specialized vehicle used for the purpose of training new drivers. The Law also specifies that new learners must not drive on public roads in populated areas. Driving schools must also be duly licensed by the prescribed authority. Vehicle Registration Requirements All vehicles that are intended to be driven on the roads, except military vehicles, vehicles owned by the rulers of the country, foreign transit vehicles and certain other designated vehicles, must be licensed and registered with the competent authority. Their license plate must be displayed in the manner prescribed by law. Additionally, the vehicles must be insured with a licensed insurance company. All vehicles must be in good technical condition, properly equipped, and compliant with the specifications provided by the state. In the event of selling a car, the transfer of ownership must also be notified and registered with the licensing authority. Vehicle Registration Requirements Article 26 states that any modifications to the vehicle must be done in compliance with the conditions and regulations set by the licensing authority. Prior approval and inspection of the authority is required before the use of modified vehicles. As per article 27, the licensing authority may recall a vehicle for re inspection. This may include a technical inspection of the vehicle. In case the inspection highlights deficiencies in the vehicle, the authority will outline the deficiencies and defects. The owner of the vehicle will be prohibited from using the vehicle until all the deficiencies are rectified and the vehicle is approved for use. If multiple inspections are necessary, the owner will be required to pay the inspection fee only once. Any grievance regarding the inspection results can be filed with the licensing authority within 10 days. Vehicle Repair After Accident According to article 28, car repair shops must not undertake repairs of any vehicle showing signs of accident or damage, without the vehicle repair permit issued by the traffic control authority. Vehicle Rental or Leasing As per article 29, renting or leasing vehicles must not be carried without obtaining a license from the competent authority. Before renting out a vehicle to an individual, the renting company must verify the validity of his driver’s license.

Cheque In simple words, a cheque is an order to a bank to pay a particular sum of money from the account of the issuer of the cheque, written on a specifically printed form. The issuer of the cheque is called the drawer, while the person to whom the cheque is issued is the bearer. The bank that holds and transfers the money for the drawer is called the drawee. Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law lays down various provisions regarding cheques. Article 514 of the law defines a cheque as a commercial paper with an order issued by the drawer to the drawee bank, to pay on the date fixed therein as the date of issuing a specific amount of money to a third person namely the beneficiary or to bearer. Even with the advent of payment technologies and various online payment options, cheques continue to be widely used in the UAE, especially in the real estate sector. They provide a secure way to transfer money between two people. Due to the large expatriate community in the region, securing future payments becomes a hassle, which is solved by issuing cheques that can be paid as and when the payment is due. Furthermore, strict legislations around cheques and cheque bounce cases contribute in making cheques a reliable way to transfer money. Bounced cheques can result in both civil and criminal proceedings against an individual. Essentials of a Cheque Article 627 of the commercial transaction law lays down various conditions required to issue a valid cheque. The word ‘cheque’ must be written on the cheque, in the same language in which the details of the cheque is written. The payment of money must be unconditional The cheque must contain the legal name of the person (drawer) issuing the cheque The cheque must contain the legal name of the entity (drawee) obliged to make the payment to the bearer of the cheque. The place where the payment is made must be mentioned on the cheque Date and place of execution of the cheque must be mentioned in the cheque The cheque must contain the signature of the executor of the cheque, and which must be identical to the standard signature on record with the bank Additionally, as per article 629 of the law, the bank must draw a cheque that has been issued and is due in the state. The cheque must contain the name and the account number of the account holder, i.e., the drawer of the cheque. The cheque must be encashed within 6 months of its issue, as per article 649 of the law. If the cheque contains all the above-mentioned information, it will be issued by the bank without any hassle, unless the bank account of the drawer does not hold sufficient funds, as agreed in the cheque, or the bank has been issued a protest by the drawer, also known as an order for stop payment. Dishonour of Cheque or Cheque Bounce When a bank refuses to cash a cheque due to insufficient funds, a stop payment order or due to a cheque not meeting the essentials mentioned above, the cheque is said to have bounced, or dishonored. Provisions governing cheque bounce cases have seen sweeping changes in the UAE in the past few years. Earlier, cheque bounce cases were treated as a grievous crime, and the drawer of the cheque faced possible jail time or fine. The older criminal provisions thus placed an undue burden on the UAE criminal justice system. The new laws have made significant changes in the treatment of cheque bounce cases. Cheque bounce cases can now be treated as civil or criminal cases, depending on the circumstances around the case. Article 630 of the Federal Decree-Law No. 50 of 2022 states that no cheque must be issued unless the drawer has sufficient funds in his account that can enable the honoring of the cheque, in accordance with the agreement made at the time of issuing the check. As per article 648 of the law, if the account holds funds less than what is prescribed in the cheque, the bank may pay the available funds to the bearer of the cheque, unless the bearer rejects it. The drawer may issue a protest, or a stop order, to the drawee bank only in cases of loss of cheque, or bankruptcy of the drawer, as per article 651. According to article 667 of the law, if a cheque is dishonoured as a result of insufficient funds in the bank account, the cheque will be considered an executive instrument, and the bearer has the right to execute the cheque by force, as per civil procedure laws. Civil recourse in Cheque Bounce Cases As per the new laws, cheque bounce cases in the UAE have evolved from a criminal offense to a civil matter with heightened financial penalties. Issuing a cheque with insufficient balance in the bank account does not automatically lead to criminal liability anymore. Instead of reporting to the police, in case of cheque bounce, one may now directly approach the court for an execution order for full payment, or the payment of the remaining amount, in cases where they have chosen to accept partial payment from the bank. This alternative ensures that the bearer of the cheque has a quicker way to recover funds. Criminal Penalties and Jail Time Cheque bounce will be considered a criminal offence in the following instances as per articles 673 to 684 of the Federal Decree-Law No. 50 of 2022: Lying about insufficiency of funds or leading to dishonour of cheques even though there are funds in the account, will lead to a fine of not less than 10% of the value of the cheque, with a minimum fine of AED 5000. Intentionally issuing a cheque with the knowledge that there is insufficient fund in the account leading to dishonour of cheque can lead to fines of not less than 10% of the value of the cheque, with a minimum of AED 1000. In case of repetition of the offence, the fine will be doubled. Instructing a bank to dishonour the cheque for fraudulent reasons, fraudulently closing the bank account or withdrawing the full balance before the presentment date, or intentionally causing the freezing of the account in any way will lead to imprisonment between 6 months to two years and/or fine of 10% of the cheque value, of a minimum of AED 5000. Repetition of the offence will cause the penalty to be doubled. Intentionally signing or executing the cheque in a way that will cause the rejection or the dishonour of the cheque will lead to imprisonment between 6 months to two years and/or fine of 10% of the cheque value, of a minimum fine of AED 5000. In case of repetition of the offence, the penalty will be doubled. Forging a cheque or tampering with the cheque to attribute it to a third party, knowingly executing such cheques, or knowingly accepting money issued as a result of such cheques will lead to a minimum imprisonment of one year, and a fine between AED 20,000 to AED 100,000. Similar punishment will be levied for committing any acts related to cheque forgery, such as importing, acquiring or selling equipment or software that is used in forgery crimes. fraudulently using or benefiting from a cheque that is drawn in the name of a third party or whose use is associated with a fraud will lead to a minimum imprisonment of one year, and a fine between AED 20,000 to AED 100,000. The news laws around cheque bounce cases represent a significant step towards streamlining the legal process and reducing the burden on the criminal justice system. These changes also help in swifter recovery of funds, wherein the issuer of the cheques can focus on the return of money, rather than the stringent criminal liabilities that they were subject to earlier. The aggravated fines will serve as a deterrent of the crime, thus ensuring a fairer outcome to all parties involved. It is always advisable to seek guidance from the best lawyers in Dubai to handle cheque bounce cases effectively and ensure compliance with UAE laws.

The UAE government has taken steps to move towards a fully digitized tax system by adopting E-Invoices. The E-invoicing process will be mandatory for all business to business (B2B) and business to government (B2G) transactions, regardless of the VAT registration status of the entities involved. E-Invoicing E-invoice means an electronic invoice that is generated in a particular format, and is directly linked to a central database. The invoice data will be issued and exchanged electronically between a supplier and buyer through an Accredited Service Provider. The UAE government is working towards implementing E-invoicing throughout the country with a view to digitize the invoicing systems and execute real time tax reporting to the UAE Federal Tax Authority (FTA). This process seeks to simplify, standardize and automate the exchange of invoices. Advantages of adopting E-invoicing The new process is predicted to decrease invoice processing costs by 66%, as seen in other countries that have adopted E invoicing correctly. Due to the validations and controls built within the automation system, this new process will reduce errors and deliver invoices at a much higher pace. This will ensure faster payments and better capital flow to the business. The new system will make it easier to analyse data regarding every aspect of invoicing, which can be used to study and improve flaws in the business plan. Government imposed E-invoicing process will push small businesses in the UAE to adopt and adapt to digitization. They will be able to gain access to the latest technologies, at an affordable price, enabling them to be at a level playing field with larger businesses. The submission of data in near real time with e-invoicing will simplify compliance. According to the Ministry of Finance, apart from the clear advantages of implementing E-Invoicing, the new process will minimize intentional and unintentional leakages in VAT submission which is an important revenue for the government and which has contributed towards key infrastructure developments in the country. Federal Decree-Law No. 16/2024 The UAE government amended certain provisions in Federal Decree-Law No. 8/2017 On Value Added Tax, through Federal Decree-Law No. 16/2024, to adapt to the future E-invoicing rollout. The amendment has altered the definition of tax invoice, tax credit note, and non-resident. Certain new words and definitions were added, such as E-Invoicing System, Electronic Invoice, and Electronic Tax Credit Note. As per the amendment, in addition to the "documentation" and "intention to pay" conditions, a new condition has been incorporated for the purpose of input VAT recovery. Here, the taxable person is required to retain the tax invoice in accordance with the e-invoicing system when it is required to be issued or is issued in electronic format. Additionally, the newly added articles 65 and 70 states that a taxable person who is subject to the e-invoicing system should issue an electronic tax invoice or an electronic tax credit note, as the case may be. The DCTCE E-Invoicing Model UAE has adopted a decentralized 5 corner E-invoicing model. The Decentralized Continuous Transaction Control and Exchange (DCTCE) model uses the Peppol AS4 protocol. Below is a step-by-step process in the E-Invoicing model involving a supplier, buyer, accredited service provider and the Federal Tax Authority: The Supplier (C1) sends the E-Invoice data to the Accredited Service Provider (C2). Unstructured invoice formats such as pdf, word document, images, scanned copies and emails are not e invoices. E-invoices must be in xml format. C2 validates the E-invoice data, and transmits it to the buyer’s accredited service provider (C3). If the invoice data is not in the standardized xml format, C2 converts the data into the said format before sending the same to C3. C3 sends an acknowledgment to C2 regarding the receipt of the invoice and transmits the E-invoice to the Buyer (C4). C2 reports the data in the invoice to the central data platform managed by the FTA (C5). C5 sends an acknowledgment to C2 regarding the receipt of the invoice data C2 forwards the acknowledgment by C5 and C3 to C1. The Ministry of Finance has updated all the information regarding the E-invoicing rollout planned for 2025, in its website, through a designated page. The E-Invoicing process will improve efficiency, transparency and accessibility, allowing UAE businesses to engage seamlessly with the data generated by the system.

INTRODUCTION The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025. The new law has made considerable changes in the provisions relating to termination of marriage, child custody and the maintenance rights of the wife. This article is part 1 in a series of articles to explain the new law explaining the changes made to laws relating to the termination of marriage. Please note that although this is not an exhaustive note on the changes under the new law, I will be covering the substantial changes that are noteworthy. Choice of Applicable Laws As per the old family status law no. 28 of 2005, the default laws applicable to a family case was the UAE laws, as long as none of the parties requested to apply the laws of their home countries. However, this was amended wherein it was clearly mentioned that the UAE law will apply if none of the parties requested to apply the laws of the place where the marriage was concluded. However, the new law, for the first time clearly states that the UAE law will be applicable if the parties do not choose to apply any foreign law. Thus, the law gives both parties the chance to decide which law they will be subjected to, by their own agreement. This approach will give spouses more control on the legal framework which governs the relationship between them. Previously, couples had to carefully choose the place where the marriage was to take place, as this would determine the financial rights, the rights of the couple over their children, and the grounds for any divorce application filed by either party. It would become increasingly challenging to resolve the matter after the conclusion of the wedding ceremony. However, with the issuance of the new law, both parties have the right to decide the law governing their marriage at any point after their marriage, provided that the applicable foreign law does not violate public order and public morals. Submission of the Case to Family Guidance Under article 16 of the old law, it was mandatory to submit any divorce, custody or maintenance claim to the Family Orientation Committee, commonly known as family guidance. Under the new law, the case is to be submitted to the court which will then decide if the case is required to be submitted to the family guidance department or not. Calculating Time Period Under the old laws, calculation of time period pertaining to age, and other relevant factors were calculated using the lunar calendar, as per the moon sightings, which had about 354 days a year. As per the new Laws, these time periods will now be calculated as per the Gregorian calendar, or the solar calendar, consistent with the global practice. Gifts Given During the Engagement Period Under the new law, gifts given during the engagement period will not have to be returned unless it was given under the condition to continue the marriage. However, gifts given as part of the Dowry or gifts exceeding AED 25,000 must be returned unless they are consumable gifts. Marriageable Age Between a Couple The new law prohibits marriages between a woman who is thirty years younger than the man, if the woman has not been married earlier. The Rights of Descent Under the old laws, children born in a marriage that was null and void, was not given the right of Descent. However, the new law grants these children the right of descent even if the marriage is null and void. Additional Grounds to Obtain Divorce   a) Divorce due to usage of drugs and other substances The new law specifically states that using drugs, alcohol or psychotropic substances will be considered a valid reason to claim a divorce. Previously, although the above reasons could be used before the court to claim a divorce, it was not listed clearly in the law. The reasons were raised as per the rulings of the Court of Cassation, instead of based on federal law. b) Divorce due to medical condition that prevents the parties from engaging in marital relations Under the old laws, either of the spouse had the right to ask for a divorce due to any medical condition that does not allow for marital relations between them. The new law confirms the same rule to a couple and additionally provides the court the authority to appoint an expert to evaluate such medical conditions and to grant one year grace period for medical treatment to the spouse who requires it, before granting the divorce. c) Divorce due to abandonment of the family Under the old laws, the wife had the right to claim divorce if the husband abandoned the family for more than one year. The new law has shortened this period to 6 months, under the condition that the wife will need to give 6 months’ notice period to the husband to either to return to the marital house or enable the wife to relocate to the husband’s residence. d) Divorce due to the detention of the husband Under the old laws, the wife may claim divorce if her husband is imprisoned for three years or more, and has served at least one year of the the jail sentence. The new law applies the same rule where the wife can apply for divorce after the husband has been granted three years imprisonment and has served one year of the jail time. However, the new law adds two additional requirements wherein the divorce will not be issued unless there is more than six months left before the husband is released from prison and any request for divorce will not be accepted if the husband is released within the time the litigation process is completed.   Amendments in the Khula Regulation The UAE personal status law grants a Muslim wife the right to terminate her marriage without any reason and without suffering any harm, through the claim of a specific type of divorce called Khula, which is considered as a single divorce indicating that the Muslim wife will be able to marry the same person in the future under a new contract and with a dowry. As per the new law, Khula may be granted not just with the consent of the husband but it may also be issued by the decision of a judge, in case the husband does not agree to issue the Khula. In exchange for Khula, the wife may give the husband a specific amount of money or any substance equivalent to money, or she may return the dowry received by her. Evaluating the amount of money to be given to the husband is subject to the agreement between the spouses, or a decision of the court in case there was no such agreement. The amount may be given by the wife or a third party. According to article 66 of the same law, Khula cannot be given in exchange for child custody or child support. If khula has been invoked between a couple, it must be duly registered in the Dubai courts within a period of 15 days. A request for registration of Khula may be carried out by the spouses or by any third party who has a legal interest in the matter. Thus, the father of the wife, or her sons or daughters over the age of 18, may apply for registration of Khula if they are able to prove that they have the legal capacity to do so. Once the new law comes into effect, it will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates. Further Articles will follow covering the other important changes under the new personal status law. Author - Dr. Hassan Elhais

INTRODUCTION The UAE has issued a new Personal Status Law, Federal Decree Law No. 41 Of 2024 on the Issuance of the Personal Status Law on the 1st of October 2024. The Law will come into effect on 15 April 2025. This new law has made significant changes to rules relating to termination of marriage, custody of children and financial rights of the wife. This part 2 in a series of articles explaining the changes in the new law. In this article, I will try to highlight the new changes regarding custody arrangements. Age of Custody Under the previous law, namely Federal law No. 28 of 2005, the age of custody for a boy was eleven while the age of custody for a girl was 13. Accordingly, the mother was to be given custody over her sons until the age of 11 and over her daughters until the age of 13. However, under the new law, the custody age ends at 18 regardless of the gender of the child. Furthermore, the child has the right to choose between the parents at the age of 15, provided that the court does not determine that the child's decision is detrimental to the child’s best interests. In my humble opinion, this is the most important and significant change we have in the law, as it is the first time that the custody age has been extended to the age of 18 without differentiation between the gender of the child and giving the child the chance to choose and take decision on which parent he prefers to live with. The new law has excluded cases where the child is critically ill, with mental or physical condition. In such cases, the custody of the child will remain with the mother, provided that the court does not find that the child’s best interest is affected. Educational Guardianship The new Law confirms that the educational guardianship of the child will remain with the mother. However, it gives the Urgent Matters Court the right to decide on guardianship disputes. Accordingly, a mother may approach the court if she is unable to exercise her educational guardianship rights, or a father may petition the court to transfer educational rights from the mother to him if he believes that it will serve the child’s best interest. By granting the jurisdiction over disputes concerning educational guardianship to the Urgent Matter Court, a substantial amount of time will be saved in court cases. Previously, the Urgent Matter Court was seen to decline to decide on some cases regarding educational guardianship, due to lack of urgency, thereby obliging the party to appeal to the subjective courts for the legal process. This process would usually take up to a year and during this period, the child was typically in an unstable position regarding matters of his education, even unable to decide on the school that he must enroll in at the end of the dispute   Implied Consent Under the old laws, in the event that one of the parties wished to assert custody from the custodian as a result of a development of a new circumstance arising after the custody arrangements were decided, such a case was to be filed within 6 months from the date of knowledge of the reason of claiming custody. The reason could range from the wife marrying another individual or committing adultery, or being involved in any action that was detrimental to the child’s best interest, to any other reason that was found to be appropriate. This 6-month period was extended if the claimant had proper justification for delaying the filing of the case. However, the new law extends this period to one year instead of six months, and allows for an extension of the date if the claimant can provide a valid reason for the delay. This change provides significant protection to the children as it was observed in earlier cases that some custody claims were dismissed by the courts as a result of this technical error involving the claimant's failure to submit a claim within the six-month period specified by the previous law. The new law's expanded protection of the children's best interests is consistent with the other child protection laws in effect in the country. Travelling With the Child The new law explicitly grants both the mother and the father the right to travel alone with the child on one or more occasions per year, provided that the total travel period does not exceed 60 days for either parent. The parents may travel after providing proper guarantee to the other parent, and in case the latter objects, they may seek a decision from the court. The law gives both parents the right to request an extension of the 60-day period if it is in the best interest of the child or in cases of medical treatments or for any other reason accepted by the court, after the court hears both parties provided that it was not difficult for one of the parties to attend the proceedings. Thus, the new law clearly affirms and regulates the constitutional right of travel and grants equal rights to both parents. It also prioritizes the child’s best interest by allowing the extension of the travel period beyond the given two months. Leaving The Family House The new law states that if the mother leaves the family home due to any reason, she shall not lose her right of custody as long as it does not affect the child’s best interest. Non-Muslim Mother Under the old law, in case the mother was a non-Muslim woman, she would not have the right to claim custody over her children over the age of 5. The new law has amended this rule granting the court the right to maintain the custody of a minor child with the non-Muslim mother under certain conditions to be decided by the court. Children’s Identity Cards and Passports Under the old law, the children’s Identity Card was to remain with the mother while the passport was to remain with the father unless the mother needed to travel with the child. In such cases, she would be entitled to procure a court order to have the passport delivered to her for the purpose of travel. She would also be required to return the passport at the end of the travel. Although the new law confirms the above provisions, it addresses an additional scenario in which the father is granted the authority to claim custody of the children's identification cards in the event where the documents have been used for travel to harm the interests of the guardian (father), or where they have been used against the child’s best interest or to achieve personal benefits for the custodian without legitimate reason. Thus, the new law seeks to resolve instances where the Emirates ID is used to deceitfully exit the UAE, as GCC nationals are generally permitted to travel within the GCC countries without the need for a passport. It also addresses all cases where the custodian attempts to use the children’s IDs in a manner that compromises the guardianship rights of the father. Criminal Sanctions As per article 251, the new law criminalizes the act of not delivering the child’s documents to the party who has the right to hold the documents, with a potential sentence of imprisonment or a fine between AED 5000 to AED 100,000. Furthermore, if a custodian travels with the child without the consent of the guardian or the court, there could be a potential fine between AED 5000 to AED 50,000 AED or a jail sentence. Significant changes to the relocation rules Under the old law and as per articles 151 and 152, the custodian shall not leave the country without the father’s consent and she may lose the custody completely if she relocated permanently to another country without the father’s consent if the country that she relocated to is far enough to the level where the father cannot travel and return to this country on the same day using road transportation (regular transportation). The new law removed this commitment on the mother which opens the gate for potential disputes around the rights of the mother for relocation and the right of the father to claim custody on the basis of the unauthorized relocation of the child. Upon coming into effect, the New Law will be applicable to ongoing cases in the court that have not received a final order. The law will apply to Muslims, Emiratis and Expats, across the seven Emirates. Further articles will be released to cover the other substantial changes that have been made in the new law. Author - Dr. Hassan Elhais

INTRODUCTION A new federal law regarding personal status has been issued by the UAE government on the 1st of October 2024 and which will come into effect on the 15th of April, 2025. Federal Decree Law No. 41 Of 2024 on the Issuance of the Personal Status Law has made significant changes to provisions relating to termination of marriage, child custody and the financial rights of the wife. This article is part 3 in a series of articles published on the new law. The changes in provisions relating to termination of marriage is covered under part 1 of the series, while changes in provisions relating to child custody has been covered under part 2. Family Support Not Restricted to Money As per Article 95 of the new law, family support to be provided to the wife is not limited to cash money or financial support. Now, family support can be awarded in kind or in the form of benefits instead of financial payments. Maintenance in the form of monetary payments is only one of the many options available to the husband, as opposed to being the exclusive option as per the previous law. Claiming An Increase in Maintenance Under the old law, the wife had the right to claim an increase in the maintenance amount by filing a new case after the expiry of a year. As per article 97 of the new law, the wife now has an additional right wherein along with the right to claim an increase in the maintenance, the wife can also claim for backdated expenses for up to 6 months. Thus, after an order for maintenance has been issued by the court and the wife has waited for 3 years before filing for an increase in the maintenance, she can also claim for backdated expenses for the previous 6 months. Family Support as a Priority Debt Under the old laws, as per article 65, the family support, or the maintenance to be provided for the family was considered a priority debt thereby giving it precedence over all other debts. As per article 98 of the new law, Family support may be classified under two heads, namely: a) The backdated expenses awarded by the court if the husband has not provided for the family in the previous two years, and this expense is generally granted as a lumpsum amount. As per the new law, this debt is not considered a priority debt. Therefore, in the presence of other creditors, backdated expenses under this category will be considered to be at par with the other debts. Priority debts such as unpaid government charges, monthly alimony, unpaid wages to employees, professional fees to be paid to experts and lawyers will take precedence over this category.   b) The monthly ongoing alimony/maintenance awarded by the court will be considered as a priority debt which may be collected before any other debtor’s rights. However, any unpaid judicial fees will be considered a priority, above the right to monthly maintenance.   Eligibility of the Wife for Maintenance As per the old law, the wife would not be eligible for maintenance if she is found to have abandoned the marital house without a valid reason or if she has denied her husband’s conjugal rights. Under the new law, in addition to the above reasons, a new clause has been added wherein the wife does not have the right to maintenance in case she refuses to travel with the husband without a valid reason. Rights Over Jointly Owned House The new law addresses a new situation where a jointly owned house cannot be used or rented, or allowed to be used by a third party regardless of whether they are a relative of the couple, without the consent of both owners who jointly own the property. Maintenance of the Daughter Under the old laws, a daughter is required to be completely supported by the father until she is married. But as per the new law, the daughter is to be supported by her father until she gets married or until she begins working. The same rule will be applicable for the daughter if the daughter is divorced or widowed. Thus, as per the old law, when the daughter is divorced or becomes a widow, she could claim maintenance from her father. As per the new law, she cannot claim this maintenance if she is working. Once the law comes into force, the new Law will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates. Author - Dr. Hassan Elhais

Introduction The UAE established an effective legal system to protect both businesses and individual assets, especially those related to intellectual property (IP). The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation. This following law seeks to protect a different type of IPRs, such as trademarks, copyrights, and patents. Trademark Protection Law Federal decree law No. (36) of 2021 on trademarks under article 2 defines a trademark as any distinctive form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or other marks used to distinguish goods, products, or services from various sources. Trademarks can also include even sounds or smells. The UAE's trademark law provides protection for a business's intellectual property. Business owners can protect their intellectual property by registering their trademarks. According to Article 5 the UAE's ministry of economy has authorized the trademark registration procedure. The ministry of economy is in charge of maintaining and recording the trademark register. Additionally, trademark register should mention owner information, any transfer, assignment, transfer of ownership, mortgage or licence for use and any trademark-related changes. To protect their intellectual property, individuals as well as businesses can apply for trademark registration. The applicants may be allowed to describe multiple categories of goods or services in a single application. Upon successful registration, the trademarks in the UAE are protected for 10 years from the application filing date. Additionally, the trademark owner can apply for renewal during the protection period and subsequent similar periods as per the implementing regulation. The registered trademarks can be assigned, transferred, mortgaged, or licensed to third parties or commercial projects, subject to registration in the trademarks register. According to the trademark law collective trademarks, control marks, insignia of public interest, and geographical indications, provide specific conditions and controls for registration and use. Articles 49–50 state that someone who forges, counterfeits, or unlawfully uses a registered trademark may be subject to fines and jail sentences ranging from AED 50,000 to AED 1,000,000. This includes selling, importing, exporting, or using counterfeit trademarks, even if conducted intentionally. It is also illegal to hold equipment used to fabricate trademarks. According to Articles 51 and 52, if the offense is repeated, the penalty may be doubled. The court could additionally shut down their business, seize their equipment, and publish the conviction at their expense. Copyrights Protection Law The copyright protection in the UAE is regulated by Federal decree law No. (38) of 2021 on copyright and neighbouring rights (copyright law). The copyright law grants protection to innovative literary, artistic, and scientific creations in any form, expression, significance, or purpose. This law establishes the ministry of economy's department of copyright as the central authority responsible for copyright registration. Authorship and joint authorship are defined by the copyright law as those who produce works that are protected by copyright or who receive credit for their work when it is published. Creators of all ages, including children, are able to register their works and receive recognition for their contributions.  Joint authorship is also accepted to protect the rights of multiple individuals who collaborate to create a work. The copyright law gives copyright holders exclusive rights, including the authority to authorize the use of their works. These rights promise permanent protection during the author's lifetime and extend for an additional fifty years thereafter. Regardless, the law recognizes some exceptions to copyright protection, such as ideas, procedures, mathematical concepts, official documents, and certain types of works that may limit the sharing of knowledge. The copyright holders are entitled to both financial and ethical protection for their creations. Economic rights allow them to control the first publication of their work, make ownership claims, prohibit alterations, and reproduce their creations. Moral rights guarantee that the creator is acknowledged and give the author the ability to protest any alteration or misrepresentation that might damage their reputation. If someone uses copyrighted work without permission, the court may stop its use, seize copies, and take legal action as per the provision of Article 35. The accused can challenge this order within 15 days (Article 36). A special committee will handle complaints about copyright decisions and customs can restrict the entry of illegal copies for up to 20 days according to Article 38. According to articles 39-40, using, trading, or distributing protected work without permission can result in jail sentences and fines ranging from 10,000 to 1,000,000 dirhams, and severe punishments for repeat offenders. The court may also destroy illegal copies and close businesses involved in copyright violations (Article 42). Additionally, under Article 43, the copyright owners may have the right to claim compensation for losses. Patent Rights Protection Law Federal law No. (11) of 2021, which ensures the protection and regulation of intellectual property rights related to inventions. Important aspects of patent protection include patent validity and examination, which requires an invention to undergo formal and substantive examinations to meet necessary requirements. Patents are granted if they meet specific criteria, such as novelty, inventive step, and industrial applicability. The law also describes categories of inventions for which patents will not be granted, such as research on plant or animal species, diagnostic and surgical methods, scientific principles, and mathematical methods. Furthermore, patents may be invalidated if certain conditions are not met, such as non-fulfilment of legal conditions, lack of novelty, inventive steps, or industrial applicability, or if the applicant is not the rightful owner of the patent. The patent registration procedure includes submitting an application to the ministry of economy's patent office, paying fees, and complying with requirements. Patent holders in the UAE enjoy exclusive rights to exploit their invention commercially for twenty years from the application filing date. They can also apply for patent renewal during this protection period. According to Articles 67-77 stipulate the legal consequences under patent law. If someone’s industrial property rights are violated, they can ask the court for compensation as per Article 67. The court may also order the seizure of inventions or designs involved in illegal use. In accordance with Article 69, providing false documents or counterfeiting protected inventions may lead to jail sentences and fines between AED 100,000 to AED 1,000,000. The court may confiscate or destroy fake items and publish the conviction at the offender’s expense as per Article 70. Conclusion The law and regulation of IP protection keep on changing with the growth of digital platforms. Individuals and business entities have the right to protect their intellectual property. To ensure the protection of their intellectual property, they are required to register their intellectual properties in accordance with the UAE law. Author - Dr. Hassan Elhais

Introduction The Federal Tax Authority (FTA) of the UAE recently amended some provisions of the UAE VAT Executive Regulations, particularly Cabinet Decision No. 52 of 2017, on the Implementing Regulation of Federal Decree-Law No. 8 of 2017 on the Value Added Tax (VAT Executive Regulations). Amended Key Definitions under the VAT Executive Regulations According to Article 1 of the UAE VAT Executive Regulations, the term virtual assets is defined as a digital representation of value that can be digitally traded or transferred and can be used for investment purposes. This definition, however, excludes the digital representation of securities or fiat money. Additionally, Article 2 clarifies what constitutes a supply of goods. This includes transfers of ownership or the right to dispose of goods, either through written or verbal agreements, as well as compulsory transfers in exchange for consideration. For a transaction to be classified as a supply, the receiving party must have the ability to dispose of the goods as their owner. Even contracts that specify the transfer of ownership or the intention to transfer ownership in the future are also considered supplies. Transactions involving water, energy supply, and real estate are also deemed supplies of goods under this provision. Additionally, the transactions related to the supply of water supply, energy supply, and real estate are also considered as supply of goods. A new Article 3 bis - Exceptions to the supply has been introduced. It states that certain transactions, such as the transfer of ownership or disposal rights to government buildings, real estate assets, and similar projects, are not considered supplies. Examples include the government headquarters, government capital projects, government infrastructure projects, real estate assets used by government agencies, real estate assets allocated for public facilities, and developed government lands used by government agencies. The value of the goods that are supplied to each recipient may not exceed AED 500 within a period of twelve months, as stated in Article 5. Additionally, the total output tax due on all deemed supplies cannot exceed AED 2,000 per supplier during this period. Further, this provision states that any amount above this threshold becomes payable. For government entities and charities, the total output tax is capped at AED 250,000. The 12-month period concludes at the end of the month in which the supply was made. In accordance with Article 30, direct or indirect exports of goods are eligible for a zero rate if specific conditions are met. In order to support this eligible criterion, businesses must maintain documentation such as customs declarations, commercial evidence of exported goods, shipment certificates, or official proof of export. Additionally for services, Article 31 outlines that the export of services may qualify for zero rating if they are not considered performed within the UAE or a designated zone. Scope and definitions of financial services: I. Debt security includes any legal right or interest in receiving money owed by another party, such as options to acquire such rights. II. The term equity security refers to the legal rights or interests that are held in shares of a company or options to acquire shares of that company. III. Life insurance contracts are legally binding agreements that provide financial payouts based on contingencies such as life, marriage, or childbirth. IV. Islamic financial arrangements are financing contracts compliant with islamic sharia and relevant laws. Article 42 (2) further stipulates that financial services involve monetary transactions, credit provisions, and similar activities. These include currency exchange, issuance and transfer of cheques or letters of credit, provision of loans or credit, and renewal or variation of credit contracts. Services related to investment fund management, such as managing fund operations and improving fund performance, are also covered under these financial services. Importantly, virtual asset services, including management, conversion, and transfer, fall within the scope of financial services. Agreements or contracts related to these activities (excluding advisory services) are also classified as financial services. Tax Exemptions for Financial Services In accordance with article 43/2 stipulates that some financial services are exempt from taxation, provided specific conditions are met. These include: Services outlined in Article 42/2 that are not performed in exchange for explicit fees, commissions, discounts, or rebates. Transfer of ownership of equity or debt securities, including issuance and allotment. Provision or transfer of ownership of life insurance and reinsurance contracts. Management of investment funds licensed by competent authorities. Virtual asset-related services, including those supplied as of January 1, 2018. Conclusion: The updated UAE VAT Executive Regulations clarify financial services and virtual assets and add transaction exemptions. This improves compliance, is more in line with current financial practice, and is also consistent with the UAE's changing economic structure.

In the recent years, the UAE has brought about significant changes to its legal provisions regarding relationships between unmarried couples and children born outside the boundaries of a marriage. The law provides a definitive procedure to register and document births of such children, and establish their legal identity. Decriminalization of Consensual Sex and Pregnancy Outside of Marriage Article 410 of Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law, or the UAE penal Code, has decriminalized consensual sex and pregnancy outside of marriage provided that the identification documents and passports of the born child are extracted according to the laws of the State, thus protecting the rights of the child. Birth Registration Birth registration is a straightforward process in the UAE, requiring the submission of certain information including the identity documents and the marriage certificate of the parents. Article 6 of Federal Decree Law No. 10/2022 on the Regulation of the Registration of Births and Deaths states that a birth certificate is to be considered as proof of birth, and will not be considered to be a document to prove paternity of a child. Obtaining a Birth certificate When a Couple is Unmarried As per article 7 of the Law No. 10/2022, to obtain a birth certificate, parents of a child will be required to submit a birth statement, identity documents of the parents and the marriage certificate. However, if the couple is unmarried, thus lacking a marriage certificate, the parties can submit an acknowledgement from regarding the lineage of the child to them. This document must be certified by the embassy of the State to which they belong or by a notary public. Obtaining a Birth Certificate When the father is Unknown If a birth is to be registered but the identity of the father is unknown, article 11 of Law No. 10/2022 states that a hospital or a health facility can issue a birth certificate based on a judicial order obtained from the competent court. Such birth certificates will contain the name and nationality of the newborn, the details of the mother, and other information as prescribed by law, from time to time. Proof of lineage of Children with Unknown Parents Federal Decree Law No. 41 of 2024 on Personal Status, and Federal Decree Law no. 41 of 2022 on Civil Personal Status have issued provisions regarding children with unknown parentage. Article 89 of the Federal Decree Law No. 41 of 2024 states that in case of children with unknown parentage, lineage may be proven by acknowledgement, if the person to whom the acknowledgement is made confirms it, provided that he is of legal age and sound mind, and the age difference between the person making the acknowledgement and the child allows for the possibility of the acknowledgement to be true. Additionally, if the court finds it necessary, the court may request a DNA test. Article 14 of the Federal Decree Law no. 41 of 2022 states that parentage can be proven by marriage or by acknowledgement of parents. A court can order a DNA test to prove parentage only if the child in such cases is of unknown parentage and the difference in age allows the child’s parentage to be true. The legal advancement in the rights granted to children born out of wedlock shows UAE’s commitment towards the protection of children in vulnerable positions. It is also a significant step taken by the country to adapt to the changing needs of a contemporary society. Practical Note: In light of the above, and in case the birth certificate was not issued by the health department, then the parents may submit a petition to the court of urgent matters with specific documents. These documents could be the IDs for both parents, birth notification, parentage acknowledgement by both parties, and any other additional requirement by the court of the Emirate where the request would be submitted.

Recently, the United Arab Emirates (UAE) updated and improved its maritime laws in order to strengthen the role that the maritime industry sector plays in international trade. Federal Decree-Law No. (43) of 2023 on Maritime Law (UAE New Maritime Law) has replaced earlier law. The New Maritime Law addresses the various aspects of maritime activities such as chartering of a ship. The following are the important clauses from the chartering of a ship under the New Maritime Law. Important legal provisions for Chartering a Ship under the New Maritime Law Ship chartering is the method of leasing a ship for the transportation of goods or passengers. Article 1 of the New Maritime Law, a charterparty refers, it is a contractual agreement between a lessor (who provides the vessel) and a charterer (who hires the vessel for a specific purpose). Which outlines the terms and conditions, such as the duration, payment, responsibilities, and operational control. Under this contract the lessor agrees to provide a ship or a portion of the ship offered to the charterer for a specified period or for the purpose of carrying out one or more voyages in exchange for a hire that the charterer will pay. According to the Article 130 states that, the provisions governing ship chartering apply unless the contracting parties agree otherwise, provided that such agreements do not contradict the fundamental nature of the charter party. The ship’s charter party is subject to the laws of the ship’s flag state unless both parties mutually agree to a different governing law. As per the Article 131, a ship's charter party is a binding contract and such contract must be in writing and should include important details such as the names of the lessor and charterer, as well as the ship’s specifications, the quantity and type of cargo, the amount of cargo covered by the hire, loading and unloading locations, and the contractual terms. This agreement is legally binding on both parties and any individuals managing the ship. However, third parties can only be held responsible under the charter party if they were aware of its terms at the time of execution. Subletting the Ship: Unless specifically stated otherwise in the contract, the charterer is permitted to sublet the ship as specified by Article 132. It is important to note that subletting does not release the original charterer from their obligations to the lessor, nor does it establish a direct contractual relationship between the original charterer and the sub-charterer. Additionally, the lessor retains the right to demand that the sub-charterer repay any unpaid hire fees up to the amount that the sub-charterer owes the original charterer. Article 133 describes cargo security and liabilities. The ship's cargo acts as security for paying the expenses of the hire and related fees. While the lessor cannot detain the cargo upon arrival due to non-payment. However, they may seek a court order to place them under custody and request their sale. The lessor also retains a lien on the shipped cargo for 15 days of after delivery unless a third party in good faith acquires rights over them. In accordance with Article 134, the third parties have the right to take legal action against the lessor as a result of the ship's usage. Further the New Maritime Law state that, the sale of the ship does not terminate the charter party. However, if the buyer proves they were unaware of the charter agreement at the time of purchase, they may request its termination. Bareboat Charter Party: A bareboat charter is an agreement where the lessor provides a seaworthy ship to the charterer without supplies, fuel, or crew, in exchange for hire (Article 137). If the contract includes an ownership transfer clause or a promise to sell, it may still be classified as a bareboat charter. The lessor is responsible for repairing defects inherent in the ship, and if such defects cause the ship to be out of service for more than 24 hours, the hire payment is suspended for that period (Article 138). The charterer assumes both the commercial and navigational management of the ship unless agreed otherwise (Article 139). Voyage Charter Party: According to Voyage Charter Party agreement where the lessor provides a fully equipped and crewed ship for one or more voyages in return for hire (Article 140). The lessor must ensure the ship is in seaworthy condition and maintain it throughout the voyage. They may not load any cargo beyond what is agreed upon unless the charterer provides explicit consent. If the lessor violates this rule, the extra freight collected belongs to the charterer, who may also claim compensation for damages (Article 141). Time Charter Party: A time charter is a contract where the lessor provides a fully crewed and supplied ship to the charterer for a specific period in exchange for hire (Article 150). The lessor must ensure the ship is in seaworthy condition at the agreed time and place and must maintain it throughout the contract period. The lessor retains navigational management and is responsible for maintaining the ship and paying the crew, though they may delegate management to another party. Liability for ship loss depends on whether navigational management was transferred to the charterer (Article 151). The charterer assumes commercial management, covering all related costs, such as fuel, port fees etc. They must return the ship upon contract expiration and are liable for damages from its commercial use beyond normal wear and tear (Article 152). Conclusion: The New Maritime Law ensures clarity and balance in ship chartering agreements, protecting the interests of both lessors and charterers while addressing potential disputes and liabilities.

PART 1 | TERMINATION OF MARRIAGE INTRODUCTION The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025. The new law has made considerable changes in the provisions relating to termination of marriage, child custody and the maintenance rights of the wife. This article is part 1 in a series of articles to explain the new law explaining the changes made to laws relating to the termination of marriage. Please note that although this is not an exhaustive note on the changes under the new law, I will be covering the substantial changes that are noteworthy. Choice of Applicable Laws As per the old family status law no. 28 of 2005, the default laws applicable to a family case was the UAE laws, as long as none of the parties requested to apply the laws of their home countries. However, this was amended wherein it was clearly mentioned that the UAE law will apply if none of the parties requested to apply the laws of the place where the marriage was concluded. However, the new law, for the first time clearly states that the UAE law will be applicable if the parties do not choose to apply any foreign law. Thus, the law gives both parties the chance to decide which law they will be subjected to, by their own agreement. This approach will give spouses more control on the legal framework which governs the relationship between them. Previously, couples had to carefully choose the place where the marriage was to take place, as this would determine the financial rights, the rights of the couple over their children, and the grounds for any divorce application filed by either party. It would become increasingly challenging to resolve the matter after the conclusion of the wedding ceremony. However, with the issuance of the new law, both parties have the right to decide the law governing their marriage at any point after their marriage, provided that the applicable foreign law does not violate public order and public morals. Submission of the Case to Family Guidance Under article 16 of the old law, it was mandatory to submit any divorce, custody or maintenance claim to the Family Orientation Committee, commonly known as family guidance. Under the new law, the case is to be submitted to the court which will then decide if the case is required to be submitted to the family guidance department or not. Calculating Time Period Under the old laws, calculation of time period pertaining to age, and other relevant factors were calculated using the lunar calendar, as per the moon sightings, which had about 354 days a year. As per the new Laws, these time periods will now be calculated as per the Gregorian calendar, or the solar calendar, consistent with the global practice. Gifts Given During the Engagement Period Under the new law, gifts given during the engagement period will not have to be returned unless it was given under the condition to continue the marriage. However, gifts given as part of the Dowry or gifts exceeding AED 25,000 must be returned unless they are consumable gifts. Marriageable Age Between a Couple The new law prohibits marriages between a woman who is thirty years younger than the man, if the woman has not been married earlier. The Rights of Descent Under the old laws, children born in a marriage that was null and void, was not given the right of Descent. However, the new law grants these children the right of descent even if the marriage is null and void. Additional Grounds to Obtain Divorce   a) Divorce due to usage of drugs and other substances The new law specifically states that using drugs, alcohol or psychotropic substances will be considered a valid reason to claim a divorce. Previously, although the above reasons could be used before the court to claim a divorce, it was not listed clearly in the law. The reasons were raised as per the rulings of the Court of Cassation, instead of based on federal law. b) Divorce due to medical condition that prevents the parties from engaging in marital relations Under the old laws, either of the spouse had the right to ask for a divorce due to any medical condition that does not allow for marital relations between them. The new law confirms the same rule to a couple and additionally provides the court the authority to appoint an expert to evaluate such medical conditions and to grant one year grace period for medical treatment to the spouse who requires it, before granting the divorce. c) Divorce due to abandonment of the family Under the old laws, the wife had the right to claim divorce if the husband abandoned the family for more than one year. The new law has shortened this period to 6 months, under the condition that the wife will need to give 6 months’ notice period to the husband to either to return to the marital house or enable the wife to relocate to the husband’s residence. d) Divorce due to the detention of the husband Under the old laws, the wife may claim divorce if her husband is imprisoned for three years or more, and has served at least one year of the the jail sentence. The new law applies the same rule where the wife can apply for divorce after the husband has been granted three years imprisonment and has served one year of the jail time. However, the new law adds two additional requirements wherein the divorce will not be issued unless there is more than six months left before the husband is released from prison and any request for divorce will not be accepted if the husband is released within the time the litigation process is completed.   Amendments in the Khula Regulation The UAE personal status law grants a Muslim wife the right to terminate her marriage without any reason and without suffering any harm, through the claim of a specific type of divorce called Khula, which is considered as a single divorce indicating that the Muslim wife will be able to marry the same person in the future under a new contract and with a dowry. As per the new law, Khula may be granted not just with the consent of the husband but it may also be issued by the decision of a judge, in case the husband does not agree to issue the Khula. In exchange for Khula, the wife may give the husband a specific amount of money or any substance equivalent to money, or she may return the dowry received by her. Evaluating the amount of money to be given to the husband is subject to the agreement between the spouses, or a decision of the court in case there was no such agreement. The amount may be given by the wife or a third party. According to article 66 of the same law, Khula cannot be given in exchange for child custody or child support. If khula has been invoked between a couple, it must be duly registered in the Dubai courts within a period of 15 days. A request for registration of Khula may be carried out by the spouses or by any third party who has a legal interest in the matter. Thus, the father of the wife, or her sons or daughters over the age of 18, may apply for registration of Khula if they are able to prove that they have the legal capacity to do so. Once the new law comes into effect, it will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates. Further Articles will follow covering the other important changes under the new personal status law.

Medical practitioners form one of the most important professions in the world. The significance of this profession results in a high number of responsibilities on individuals in the medical field. The UAE Government has enacted various legislations to regulate medical practice. Federal Decree Law No. 4 of 2016 on Medical Liability (“Law”) is one of the most important laws that dictate the roles and responsibilities of medical practitioners. In the article, we will look at the various rules of conduct in the legal profession, particularly with regard to medical error or negligence by a doctor. General Rules in Medical Practice: Under Article 5 of Federal Decree Law No. 4 of 2016, Doctors are restricted from certain activities as mentioned below: Doctors must not treat a patient without his/her consent, except if the patient suffers from a contagious illness that poses a threat to public health and safety or in cases of emergencies where the patient is unable to give consent.  In the latter case, a relative of the patient must be informed of the plan of treatment. Doctors must not abstain from treating a patient in cases of emergency, or drop out of treatment in any case unless the patient has breached the instructions set by the doctor or the abstention or drop out are caused by reasons beyond the control of the doctor Doctors must not abstain from treating an injured patient unless the patient’s condition is outside his competence, provided that the doctor performs first aid on the patient and leads him to a specialist doctor or nearest facility if required. Doctors must not use unauthorized or illegal means in his treatment Doctors must abstain from treatment without physical examination. However, medical practitioners may develop a system to provide telehealth services in accordance with the terms and conditions provided by the law. Doctors must abstain from performing a physical examination on a patient of the opposite gender without the presence of a third party and without the prior consent of the patient, unless otherwise required. Doctors must abstain from performing sex-change operations. Doctors must abstain from accommodating patients in locations other than the places prepared for the purpose, except as required in emergency cases Doctors must abstain from carrying out medical procedures or unnecessary surgeries to the patient without his informed consent Confidentiality in the medical field. Article 5(6) explicitly states that a doctor cannot disclose a patient’s secret that has come to his knowledge during the course of his practice, regardless of whether the patient entrusted such secret to the doctor or the latter discovered it himself. However, confidentiality will be inapplicable in the following cases: If the disclosure was made on the request of the patient If the disclosure is for the benefit of the husband or the wife and was personally disclosed to any of them If the disclosure was made to prevent or report an offence, provided that the disclosure was made to the competent official authority only If the doctor is nominated as an expert in a judicial or official investigation or summoned as a witness in an investigation or a criminal case. If the doctor is assigned to conduct an examination by an insurance agent If the disclosure was made to protect public health and in accordance with the prescribed law If the disclosure was made to defend himself in an investigation Law regarding Surgical operations Article 8 of the Law states that the following conditions must be fulfilled before undertaking a surgical operation: The doctor conducting the procedure must be qualified in the same, according to his scientific specialisation, work experience and the degree of accuracy and seriousness of the surgical operation All necessary tests and analysis must be carried out to ensure that the operation is necessary. The health condition of the patient must allow for the performance of the operation A written consent must be obtained from the patient or the closest relative of the patient, if the patient does not have the legal capacity to make the decision If is it impossible to obtain such consent, a report from the attending physician and another physician from the same health facility and its manager will be sufficient The health facility where the procedure is to be conducted, must be well prepared and equipped. The above conditions may be bypassed only in case of an emergency where an operation is required to be conducted to save the life of a patient or a fetus What is medical negligence under UAE law? Article 6 of the law defines medical error as committed by a practitioner as a result of any of the following reasons: Ignorance of technical matters which are supposed to be known by every practitioner with the same grade and specialization. Failing to abide by the recognized professional and medical rules. The lack of due diligence. Negligence and failure to follow caution. Additionally, Article 5 of Cabinet Decision No. 40/2019 on the Implementing Regulation of Federal Decree-Law No. 4/2016 on medical liability provides further context to medical error. It states that the error will be considered serious if it was committed due to blatant ignorance, or due to unjustified deviation of medical practices and protocols and the actions leads to the death of a patient or an embryo, results in the removal of an organ by mistake, affects the function of any organ, or causes any other severe damage. Punishments and penalties in case of medical malpractice The law lays down extensive penalties for medical malpractice including penalties for medical error. Medical negligence by a doctor may be punished with imprisonment of up to 1 year and a fine of up to AED 200,000. However, if the error causes death, the penalty is raised to an imprisonment of up to 2 years, and fine of up to AED 500,000. Furthermore, if the medical error occurred due to the medical practitioner being under the influence of alcohol or drugs, he may be liable to be imprisoned for up to 2 years, and fined up to AED 1,000,000. Reconciliation with the doctor The law provides a unique form of reconciliation and a path to recovery for a doctor who may have committed a medical error. If the victim of a medical negligence, his attorney or heirs reconcile with the doctor, through the competent health authority, the criminal procedures against the doctor may be terminated. Reconciliation may take place regardless of the stage of the lawsuit, or after the judgment becomes final and the Public Prosecution will order the stay of execution of the penalty should reconciliation take place during its execution. Nevertheless, reconciliation will not stop the aggrieved party from being able to resort to civil courts to claim compensation. It is pertinent to note that reconciliation will not apply in case of repetition of the errors committed by the doctor. Conclusion Medical negligence may vary from misdiagnosis, human error during surgery, to inadequate aftercare. Although it is inevitable, the UAE laws ensure that medical practice does not occur due to blatant and unreasonable actions or inactions. The law protects patients from gross negligence and irresponsible conduct by medical practitioners.

Introduction The UAE has issued a new civil defence law which is governed by federal decree-law No. (35) of 2024 on the reorganization of the civil defence authority. This new civil defence law aimed at strengthening emergency response and disaster management. Establishment of Civil Defence Authority. In accordance with Article 2, which establishes the Civil Defence Authority (CDA) under the National Emergency, Crisis, and Disaster Management Authority (NCEMA). It replaces the previous civil defence authority under the Ministry of Interior and transfers all its assets, rights, and personnel from the former authority to NCEMA. Responsibilities of CDA The new civil defence law stipulates the responsibilities of CDA under Article 3. Developing and implementing new civil defence policies, protecting fire safety, and responding to emergencies. CDA will also be responsible for managing evacuation plans, implementing early warning systems, and establishing public shelters. The authority will coordinate with government agencies, the armed forces, and private entities to enhance national safety measures. The director general of the military may authorize the management and regulation of the activities of the authority. In addition to this, the director general shall be responsible for handling budgets, issuing new policies, and managing emergency preparations. The new civil defence law allows CDA to use private and public property during emergencies, with fair compensation provided for any damages. Additionally, Companies must comply with CDA’s fire safety and emergency planning requirements before obtaining licenses. According to Article (11) some of the CDA officers may have judicial authority to enforce civil defence laws. They can investigate and report violations. In accordance with Article (8) the affected parties may have the right to get fair compensation for harm caused by civil defence operations and apply for compensation within 60 days. A committee may review the application of claims and decide within 60 days. If a claimant disagrees with the decision, they may have the option to appeal to the NCEMA within 30 days. Penalties under the New Civil Defence Regulation Additionally, the new law stipulates the penalties for violations. In accordance with Article 13 offenders may face jail imprisonment or fines. During disasters, penalties may increase to at least a minimum of two months’ imprisonment and fines between AED 20,000 and AED 250,000. Regarding the fees for the civil defence services, the cabinet may decide. It will also set fines for violations of civil defence laws as per Article 12. Conclusion The newly established civil defence regulation aims to promote public safety, increase emergency response efficiency, and maintain national planning for any crisis or disaster. Author: Dr. Hassan Elhais

Introduction: Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan Agreement Notice No. 3692/2012 of the personal loan agreement. This notice stipulates the terms and conditions for loan agreements for both lenders and borrowers.  In accordance with Article 2(1) of the Loan Agreement issued by the CBUAE, the principal loan shall be paid to the customer's account upon completion of all necessary securities and documentation. Additionally, the customer agrees to transfer the monthly income and end-of-service benefits to the bank for the duration of the loan, as well as to provide the bank with a letter from their employer. According to Article 4, the loan and related amounts become immediately due and payable in the event of default, which includes the customer's employment termination, an unauthorized transfer of their monthly salary, a violation of their obligations, and the failure to make consecutive or non-consecutive monthly instalment payments. Accordingly, the agreement may allow the bank to take appropriate actions such as the possible use of end-of-service benefits to settle outstanding amounts. In addition to this, Article 5 may permit the bank to deduct any amounts owed by the customer from funds in the accounts they hold with the bank or its branches. The Commercial Code regulates defaulting on a bank loan in the UAE. Article 409 stipulates that a bank loan is a contractual arrangement between a debtor and the bank, where the bank gives money to a borrower or adds the money to the borrower's bank account based on agreed conditions and time limits specified in the loan agreement as specified in Article 415 of the Commercial Code. The law states that the bank should obtain sufficient securities or guarantees for the loans it grants. The borrower is obligated to repay the loan and its interest to the bank within the specified time limits and according to the agreed-upon conditions. In accordance with the new Commercial code, criminal actions are limited and will only apply to certain cases of bounced cheques. Criminal actions will apply only to specific cases of bounced cheques such as intentional falsification, fraud, providing counterfeit cheques, and withdrawing account balances to prevent payment. According to the Commercial Code, in the event of a default payment, a bank may have the right to deposit a debtor's security cheque. If security cheques are dishonoured due to insufficient amounts, a bank can file an execution case against the debtor. Additionally, under the Civil Procedure Law, the bank can approach the court to seek a travel ban against the debtor as per Article 324. A bank may request a travel ban if there is a fear of the debtor escaping the state, provided the debt is not less than AED 10,000. Conditions for issuing a travel ban include providing written evidence of the debt and a guarantee by the creditor for potential harm to the debtor. Furthermore, Article 327 states that if a debtor with a travel ban does not surrender their passport or is suspected of disposing of money, the court may summon them and impose payment or attendance guarantees. Conclusion: Defaulting on a bank loan in the UAE leads to legal actions as per the law. It is important for both borrowers and creditors to know and understand these legal consequences when dealing with financial transactions in accordance with UAE law. In case of default by the debtor, the bank   is entitled to demand default interest, as stipulated in the loan agreement. Author: Dr. Hassan Elhais

The United Arab Emirates has recently passed a new personal status law, namely the Federal Decree Law No. 41 of 2024 (“Law”) that has brought about significant changes to the personal laws applicable to Muslim in the UAE, both nationals and expatriates. Although the Law was issued in October 2024, it will be enforced six months from the date of issue, i.e., in April 2025. While the new Law has altered provisions regarding divorce, child custody, alimony etc., in this article, we will focus on the changes to the laws regarding international travel with minors. Dubai has emerged as a family destination for people from around the world. Individuals who come to the UAE to work often relocate to the country with their families, due to the security and the many amenities offered by the country. However, when married couples divorce, one of the parents may return to their native country, without the agreement or consent of the other parent. This leads to emotional distress and legal complications, in addition to disrupting the lives of the children involved. It is to prevent these complications that the new personal status law has issued certain provisions governing the possession of official documents of children, and the travel of minor children. Custody and guardianship Before delving into the provisions surrounding child custody, it is important to understand the distinction between a custodian and a guardian in the context of UAE laws. Custody is defined under Article 112 of the new Law as the care, upbringing, and protection of children, and attending to their interests in a manner that does not conflict with the guardian’s right to guardianship. Article 128 further defines guardianship to include the general supervision of a minor’s affairs- without conflicting the authority of the custodian- and taking care of the minor’s property. Thus, both articles refer to the meaning of the other term, highlighting the importance of both entities in a child’s life. Travel with children Article 116 of the new Law stipulates particular guidelines for travel with child under custody. After a divorce, the custodian parent who is usually the mother of the child, can travel with their child after obtaining a written consent from the guardian parent who is usually the father of the child, as per Article 116 (1). Alternatively, the custodian can seek the permission of the court to travel with the child. Article 116 (2) states that the court may grant permission to the custodian to travel with a child for up to 60 days. This period may be extended for certain reasons, such as i) medical treatment ii) an urgent necessity, or iii) if the travel is shown to be for the best interest of the child. Who holds custody of travel documents? As was the case under the old laws, the new Law, under Article 117 provides that the custodian has the right to hold the identification documents and the birth certificates of minor children while the guardian has the right to hold the passports. The guardian may handover the passport to the custodian when the latter requires it to travel with the children. If the guardian refuses to do so, the custodian may approach the court to order the guardian to handover the documents. However, the Law has added new provisions to curb the misuse of the identification documents of the children. Article 124 of the Law states that if the custodian attempts to travel with the children without the consent of the guardian or the court, or uses the said documents in a way to harm the rights of the guardian, against the best interests of the children or for the custodian’s personal gain, the guardian may obtain custody of the documents. In such instances, the guardian is responsible for the expense of obtaining and renewing the identification documents. Criminal Sanctions The new family Law for the first time, imposes penalties on individuals who commits acts that are detrimental to their families. Consequently, the Law imposes criminal sanctions on parties that attempt to disrupt the lives of children, either by harming their rights, or attempting to abduct them from their parents or guardians. Article 251 (3) provides that if a parent does not handover the documents pertaining to the children, without any justification, to the parent who has the right to hold them, he/she may be liable to be imprisoned, and/or fined between AED 5000 and AED 100,000. Furthermore, Article 252 states that if a custodian takes a child out of UAE, without the prior permission of the guardian of the child, or the court, or misuses the children’s identification documents or gains benefits from it without rightful cause, he/she may be liable to be imprisoned and/or fined between AED 5000 and AED 50,000. Conclusion The newly established personal status laws protect the best interest of the children and the rights of guardians while ensuring their well-being. Although the laws do not directly refer to parental abduction of children, it provides a variety of tools and sanctions to deter such activities. Author: Dr. Hassan Elhais

Introduction: Federal Decree-Law No. (31) of 2021 (Penal Code) governs Diya crimes and penalties in the UAE. In accordance with Article 1 of the UAE penal code, the Islamic Sharia principles may be applied to crimes including revenge (qisas) and blood money (Diya). The punishments for additional offenses will be determined in accordance with the current law and the relevant penal laws. When a crime causes death or injury, the term Diya refers to the monetary compensation given to the victim's family. These principles, based on Islamic Sharia principles, serves as an alternative to retribution (qisas) and aim to provide financial support to the victim’s family. The blood money, known as Diya, is given to the relatives of a victim in some crimes against human life. According to Article 383 blood money may only apply when Qisas (revenge) is not enforced. The standard Diya amount is AED 200,000, but courts may increase or decrease this threshold based on the circumstances of the case. Furthermore, according to Article 384, a person who intentionally kills another person risks a life sentence in jail. The death sentence may be applicable if the murder had been planned or related to another crime. Additionally, if the victim's family grants forgiveness, the offender faces a minimum sentence of seven years in prison, with the option to pay Diya. If a person attacks someone and they die without intent, Article 387 states the punishment is up to ten years in prison. The court may order payment of Diya. Offences causing bodily harm are also punished based on the intensity of the crime. If a person causes a permanent disability, Article 388 stipulates that they may be jailed for up to seven years if it was intentional. If it was an accident, Article 389 imposes a sentence of up to five years. Further, the court may have the right to impose the payment of the Diya amount. Additionally, negligent actions leading to death or injury are also criminalized. Article 393 stipulates that a person may be fined and imprisoned for at least a year if they cause death through negligence or recklessness. If more than one person dies, the punishment might be extended to seven years. In addition, the court has the authority to order Diya. Group assaults using weapons are punished under Article 392. If a group of three or more people plans and carries out an attack, each participant faces imprisonment and fines. If the assault results in death or serious injury, Diya may also be required. It’s important to note that Diya is not the sole consequence of causing death or injury. Offenders may also face additional penalties, such as imprisonment, depending on the circumstances and the intensity of the crime. The UAE legal system allows for compensation beyond diya in certain situations, addressing both the financial and moral damages suffered by the victim’s family. Conclusion: The principle of Diya indicates a balance between modern legal systems and traditional Islamic principles. It ensures victims' families receive monetary compensation while upholding justice by enforcing appropriate penalties. Author: Dr. Hassan Elhais

With an enormous population of expatriates in the UAE, a large number of people choose to live in co-living spaces as they are an economical option. Although co living is not banned as per federal or local laws, one must take safety regulations and the tenancy agreement into consideration before choosing co-living options. Co-living in the UAE Co living spaces technically refer to multiple individuals living together with shared amenities and communal areas. Along with obtaining a sense of community, co living spaces allow individuals to share the rent in Dubai, making it a popular option among expatriates. Although the UAE does not disallow sharing apartments and living quarters, a number of people violate fundamental safety laws by accommodating too many occupants in confined areas. This poses tremendous risks to the individuals living in and around such places. Dangers of illegal partitions There are many risks involved in living in illegally partitioned apartments. 1. Construction of partitions using unsuitable materials Partitions are made for short term gain, and with the cheapest materials available. Furthermore, the installation of the partitions may cause structural damages to the walls of the buildings. 2. Non-Compliance with UAE Fire and Safety Code of Practice The Dubai Development Authority Circular No. 333/2019 elaborates on the UAE Fire and Life Safety Code of Practice. The circular talks about the extensive care that is required to be undertaken during the construction and maintenance of buildings, to prevent fire. As per these regulations, buildings must maintain fire protection systems, such as fire extinguishers and fire alarms, to ensure that in case of fires, the situation can be controlled more readily. However, construction of illegal partitions may jeopardize fire safety structures or over burden safety systems, causing a fire hazard. Partitions can also block essential fire exits in the building. Non-compliance with safety regulations can lead to being fined by the Municipality. 3. Lack of ventilation Illegal constructions can reduce and even block scientifically designed ventilation channels in the apartment. This can cause health implications as well as the swelling up of wooden doors and cabinets, and the development of mold in the apartment. 4. Overcrowding and lack of sanitation Partitions are generally implemented in 1-bedroom (1 BHK) and 2-bedroom (2 BHK) apartments. These apartments are designed for a specific number of adults and children. However, when partitioned, the apartments may hold ten to twenty or more people who share one or two bathrooms between them. This causes overcrowding and may result in sanitation problems. 5. Non-Compliance with tenancy contract Dubai Law No. 26/2007 on the Organisation of the Relationship between the Lessors and Tenants in the Emirate of Dubai clearly state that subletting of the property can be carried only with the written consent of the landlord. Furthermore, the law states that the tenant is not allowed to carry out any work to the property that damages the structure of the property. Subletting and partitioning that is carried out without the consent of the landlord is thus illegal and can lead to eviction of the tenants. Conclusion Illegal partitioning poses a threat to the building structure and the tenants who live in the building. It is for this reason that the Dubai Municipality undertakes periodic checks to control illegal partitioning in Dubai. Author: Dr. Hassan Elhais

In the UAE, divorce and related matters are governed by the UAE family Law. Due to the presence of various communities coexisting in the country, the UAE government has enacted separate laws for Muslim and non-Muslim citizens and residents. Thus, the UAE family law is provided under three main laws. Federal Decree Law No. 41 of 2024 governs the personal status matters of Muslims throughout the UAE (“Federal Personal Status Law”). On the other hand, non-Muslims in the UAE except in the emirate of Abu Dhabi is governed by Federal decree Law no. 41 of 2022 (“Federal Civil Personal Status Law”), while the non-Muslims within Abu Dhabi is governed by Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”). Divorce under the Federal Personal Status Law Under the Federal Personal Status Law governing Muslims in the UAE, divorce is one of the ways of separation of spouses. Divorce is defined under Article 53 as the dissolution of the marriage contract by the will of the husband through a word indicating it. The article further explains that the divorce may be stated explicitly or implicitly if the intention of the husband is to divorce his wife. Divorce through text message Article 56 of the Federal Personal Status Law provides instances where divorce will not be deemed to have taken place. As per this Article, divorce will not be considered to have occurred if it was carried out under intoxication, or when the husband was of an unsound mind. Similarly, Divorce is not said to have occurred if it was said under external compulsion, or in intense anger that prevented the husband from controlling his words. Moreover, if the divorce is contingent on the occurrence or non-occurrence of a particular event, it will be considered invalid, unless the intention of the divorce can be proven. If the divorce is communicated by the husband via text messages, it will be considered valid, unless one of the above conditions are applicable to the divorce. Thus, if the divorce was communicated under compulsion, or in a state of intoxication, it shall not be considered valid. Registration of Divorce After the communication of the divorce, it must be registered with the competent authorities within 15 days from the date it was executed. The 15 day time limitation is not applicable to the wife’s right to file a lawsuit to confirm the divorce. According to Article 58 of the Federal Personal Status Law, if the husband fails to register the divorce within 15 days, the wife is entitled to be compensated for the delay. This compensation will be equal to the alimony from the date of the divorce, until the date of registration. Legal Requirements Post Divorce Upon the execution of the divorce, as per Articles 81 to 85, a divorced woman is required to observe a waiting period before entering into another marriage. This waiting period is referred to as Iddah. Upon being divorced by her husband, if the woman is pregnant, the iddah period will last the entirety of her pregnancy. If the woman is not pregnant, the iddah period for a menstruating woman is 3 menstrual cycles, while the iddah period of a non-menstruating woman is 3 lunar months. Divorce in case of non-Muslims As explained above, the UAE has legislated separate family laws for non-Muslims. Under the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law, non-Muslims are required to divorce through the UAE courts. However, the application for divorce does not require the need to prove harm or prejudice on the part of the spouse.   Author: Dr. Hassan Elhais

The UAE traffic laws are stipulated under Federal Decree Law No. 14 of 2024. These laws are applicable throughout the UAE, across the seven Emirates. It is important to follow these rules to ensure the safety of road users and to avoid incurring hefty fines and penalties. Repetition of offences generally lead to aggravated penalties. Here are the major traffic violations in the UAE that everyone should be aware of, and their corresponding penalties. Driving while Intoxicated Driving under the influence is a major reason for accidents and fatalities on the road. The UAE has strict laws against driving under the influence of intoxicants. If a person operates a vehicle under the influence of alcohol, he/she may be subject to imprisonment and/or fine between AED 20,000 and AED 100,000. The act may also result in the suspension of the driving license for one month in case of the first offence and two months in case of the second offence. A third offence will lead to the revocation of the driving license. If a person drives under the influence of drugs, the fine may be between AED 30,000 and AED 200,000 and/or imprisonment. In this case, the first offence will lead to 6 months’ suspension of license, second offence for one year and the third offence will lead to revocation of the license. Nonetheless, if a person driving under the influence of alcohol, drugs or other psychotropic substances causes the death of another person, he/ she may be imprisoned for up to a year, and/or fined a minimum of AED 100,000. Can I drive with a foreign license in the UAE? Driving with a suspended license or a foreign license  Driving with a suspended license could lead to a fine of at least AED 10,000 and /or imprisonment of up to three months. Furthermore, if a person drives with a foreign license that is not recognized in the UAE, he/she may be fined between AED 2000 and AED 10,000. Reoffence will lead to a higher fine of AED 5000 to AED 50,000 and/or imprisonment. Certain foreign licenses are recognized in the UAE and person can drive in the country if he has a recognized foreign license. Driving without a license Driving without a license, or with a license that does not include the particular type of vehicle will lead to a fine between AED 5000 to AED 50,000 and/or imprisonment. Reoffence will lead to a higher fine. If driving with a suspended or revoked license causes the death of another person, it will lead to a minimum fine of AED 100,000 and/or imprisonment Causing a death due to negligent driving If a person causes the death of another person due to his negligent driving, he may be liable to be imprisoned and/or fined a minimum of AED 50,000. Running a red light Running a red light will incur a fine in the UAE. However, if a driver causes an accident and death of another person due to running a red light, it will lead to a fine of a minimum of AED 100,000 and/or imprisonment for a minimum of one year. Misuse of license plate A license plate serves as an identifier of a car. In the UAE, the license plate of a vehicle must be in the form as prescribed by law. Forging a license plate or using a forged license plate, distorting a license plate, allowing another person to use the license without following due process, etc. will lead to a minimum fine of AED 20,000 and/or imprisonment. Failure to cooperate with traffic officials or police officers The UAE laws impose strict penalties on individuals who do not co-operate with law enforcement agencies or flees the scene of accidents. This includes not stopping the vehicle after causing an accident and refusing to provide information, or providing the wrong information to officials. These types of actions can lead to a fine between AED 10,000 and AED 100,000, and/or imprisonment. Can I be penalized under traffic laws even if I am not driving? The traffic laws in the UAE states that a person who crosses the road outside the designated areas and causes a traffic accident can be penalized or imprisoned. Such acts can lead to a fine between AED 5000 and AED 10,000. The offence will lead to graver punishments if a person commits such act on a road with a speed limit of 80 km/h or more. In such cases, the possible fine will be a minimum of AED 10,000, or imprisonment of a minimum of 3 month, or both. Author: Dr. Hassan Elhais

The UAE government has issued a series of changes to its family laws through the recently passed new personal status law, namely Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status. The law will be enforced in the country in April 2025 and will be applicable to Muslims in the UAE, both nationals and expats. The law will be applied to ongoing cases in the court that have not received a final order. The new law has made changes in provisions related to grounds for divorce, child custody and alimony, among others. Divorce lawyers in Dubai are studying the new law and analyzing the impact it will have on the family legal system in the UAE. Custody Laws One of the most significant changes under the new law is the change in the age of custody. The custody of children has been raised to 18, regardless of the gender of the child. In a custody ruling, custody is generally granted to the mother. Previously, mother’s custody extended until a male child turned 13 and a female child turned 11. However, the new law not only raises the age of custody, but also makes it uniform, regardless of the gender of the child. Among other changes in laws related to child custody, a non-Muslim mother’s custody over a minor child may be extended beyond the age of 5, as per the discretion of the court. The law has also made procedural changes to obtaining educational guardianship, enabling parties to approach the Urgent Matter Court to ensure speedy judgements. Termination of marriage The new law has brought in certain changes to the provisions regarding grounds for divorce. Divorce due to substance abuse The law now specifically states that using drugs, alcohol or other psychotropic substances is a valid ground for divorce. Although parties currently use this ground to obtain a divorce, the current law under Federal Decree Law No. 28 of 2005 does not explicitly list this reason as a ground for divorce. Rather, the reason is raised as per established rulings of the Court of Cassation. Divorce due to medical conditions The law has also made changes to the conditions governing divorce due to medical conditions that prevents the parties from engaging in marital activities. As per the new law, if a spouse invokes this ground for divorce, the court has the authority to appoint an expert to evaluate such medical conditions and to grant one year time for medical treatment to the spouse who requires it, before granting the divorce. Divorce due to abandonment If a wife is abandoned by her husband, she may request for a divorce after waiting for 6 months. The older law set this waiting period as one year, but the new law has shortened the time period. However, the wife is now required to give a 6 months’ notice to her husband to return to the marital house or enable the wife to join him at his new residence. Divorce due to the imprisonment of the husband The law allows a woman to seek a divorce if her husband is imprisoned for more than three years, and has served at least one year of the imprisonment. The new law has laid down two additional requirements to invoke this ground, stating that the divorce will not be issued unless there is more than 6 months left before the husband is released from prison, and the divorce request will not be accepted if the husband is released within the time the litigation process is completed. Dubai family lawyers will understand the practical aspect of the law, once the law comes into effect on the 15th of April 2025. The legal experts of family law in the UAE will now adapt these new changes in their practice and advise on their clients matters. Author: Dr. Hassan Elhais

A recent ruling by a UAE court determined that persistent threats by a husband about polygamous cohabitation will be considered to be psychological or mental harm to his wife. Polygamous cohabitation refers to multiple wives living in a single marital house. In this article, we will look into the Personal Status Law under federal Decree Law No. 41 of 2024, regarding polygamous cohabitation.  UAE family Law In the UAE, laws regarding marriage, divorce and other personal status matters fall under the UAE family law. The family laws are enacted under three legislations, namely the Federal Decree Law No. 41 of 2024 regarding the Personal Status of Muslims in the UAE (“Federal Personal Status Law”), the Federal Decree Law No. 41 of 2022 regarding the Personal status of non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021 regarding the Personal status of non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”). Muslim Law on fair treatment of a spouse The Federal Personal Status Law allows a man to marry more than once. However, the law lays down specific rights for spouses in a marriage. Article 16 of the law defines a marriage as a contract between a man and a woman, with the intention of perpetuating the marital relationship between them. The Article states that a marriage must aim at the establishment of a stable family consisting of affection and mercy. Article 49 of the law lists the rights of spouse and states that a spouse has a right to good companionship, in a manner leading to affection and mercy between them. Moreover, the spouses must not harm each other either materially or morally. A Wife’s Right Over the Marital House Article 49 also states that a husband is obliged to provide maintenance to the wife in a manner consistent with custom, and is obliged to equity among his wives in treatment, division, and obligatory maintenance. As per Article 104 of the Federal Personal Status Law, a wife is to live in the appropriate marital house, unless she has specified another place in her marital contract. Under Article 105, the husband may house his parents, and his children from another marriage in the marital house, if he is responsible for their maintenance, provided that this does not cause harm to the wife. However, if the husband is to have more than one wife living in the same house, he must ensure that the house is suitable and allows each wife almost complete independence in the housing in all aspects, including separate entrance, exit, sanitary facilities etc. If a wife is aggrieved by her living situation with respect to other wives, she may request the court to impose additional conditions regarding the marital house. Revocation of Marriage Contract Due to Harm Article 71 of the Federal Personal status Law provides for the revocation of a marriage contract if either the husband or the wife causes harm to the other that makes it impossible to continue the marriage. In such cases, if the harm can be proven by the other party, the court will attempt reconciliation. However, if reconciliation is not possible, the court will rule to grant a divorce. Conclusion Thus, if the wife can prove that her husband has caused harm, she may seek a divorce from her husband. Furthermore, this harm can be carried out physically, in the form of domestic violence, or mentally, such as through verbal abuse, constant threats and other forms of mental harm.

OR MAKING DEROGATORY STATEMENTS ON WHATSAPP With the rise in social media usage and the comfort with which people are expressing their thoughts and views on social media, many users do not realize the real-life implications of their online activities. Time and again, we have been witnessing people spewing hate or making derogatory comments on public platforms, without taking into account the permanent nature of these actions, or the wide reach that comments can have. Provisions under UAE Law The UAE has issued strict legislations against posting untrue or defamatory statements on social media under Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors and Cybercrime (“Cyberlaw”). The losses or damages caused due to such activities are required to be compensated as per Federal Law No. 5 of 1985 on the Civil Transactions Law (“Civil Transaction Law”). UAE Law governing Social Media Activities Article 44 of the Cyberlaw states that if a social media user breaches the privacy of a person by spreading news, electronic images, photographs, footages, comments, data or information, even if true and correct, to harm such person, he/she may be jailed for a minimum of 6 months, and/or fined between AED 150,000 and 500,000. The law prohibits the following activities: Breaching the privacy of a person without his/her consent Spreading misinformation about an individual Spreading negative information about an individual, even if the statements are true. The breach of privacy includes eavesdropping, interception, recording, communication, transmission or disclosure of conversations, or audio or video materials. Taking photographs of others at any public or private place or preparing, communicating, exposing, copying or keeping electronic images thereof. Taking, communication or publication of photographs of the casualties, dead persons or victims of accidents or disasters without permission or consent of the concerned persons. Tracking, detecting, disclosing, exposing, copying or keeping data of geographical sites of third parties. Sending insults on Whatsapp Apart from the above activities, the law also prohibits individuals from using derogatory language or insults against another person on social media, including WhatsApp. There have been several instances where insults and offensive remarks made during WhatsApp conversations have led to legal actions, forcing the offender to pay heavy damages. In a recent case, a woman was ordered to pay AED 30,000 as compensation to another woman, by the Abu Dhabi Family, Civil, and Administrative Claims Court, for insulting the latter woman on social media. Apart from the civil case, a criminal case was initiated against the offender, for insulting the woman on social media by posting offensive comments on her photos. The victim of the woman’s insults claimed that the incident had caused her emotional and psychological harm, which prompted her to seek damages of AED 150,000 for both moral and material losses.  In other similar cases, a man was ordered to compensate his colleague, and a woman was ordered to pay damages to her sister, for making insulting comments on WhatsApp. Aggravated crimes Article 44 of the Cybercrime also prohibits using technology in altering a recording, image or footage for the purpose of defamation or abuse of another person. This can lead to an aggravated prison sentence of a minimum of one year, or to pay a fine between AED 250,000 and AED 500,000. Compensating the victim Although the cyberlaw issues fines on offenders involved in making derogatory comments on social media, the victims of the offence may also be ordered to be compensated for the damages caused under the Civil Transaction Law. Article 293 of the Law states that trespassing against others in their freedom, honour, dignity, reputation, social standing or financial position may be considered as moral damages. Conclusion In the UAE, social media users must be mindful of the consequences of their online activities that can lead to damages to reputations and incite harm against another person. Individuals must always remember that although it is easy to write defamatory and insulting comments on social media, they can have grave legal consequences ranging from payment of damages, fines and even jail sentences.

What is an abortion?  Abortion is the termination of a pregnancy by the removal or expulsion of the embryo or the fetus. Generally, the term abortion refers to induced abortion where the procedure is caried out medically. A pregnancy may also come to an end involuntarily, without any intervention. This is referred to as a miscarriage. Is abortion legal in the UAE? The UAE laws do not allow abortion except under certain cases. The laws regarding abortion are stipulated under Federal Decree-Law No. 4/2016 on Medical Liability (“Law”) and the Cabinet Decision No. 44/2024 on Determining the Cases of Permissible Abortions (“Cabinet Decision”). Abortions under certain circumstances were legalized to preserve women’s health and safety and to reduce illegal practices of unsafe abortions of unwanted pregnancies. The law, under Article 16, states that a doctor must not conduct any abortion procedures or make a prescription intended to induce an abortion except under special circumstances, such as if the life of the pregnant woman is in danger, or if the fetus is malformed. The Cabinet Decision allows additional grounds for abortion such as if the pregnancy was a result of rape or incest, or if the spouses request an abortion, after obtaining the approval of the competent authority. When the life of the pregnant woman is in danger Abortion is permitted if the continuation of the pregnancy endangers the life of the pregnant woman, provided that the following conditions are fulfilled: Abortion must be the only way that the life of the pregnant woman can be saved The abortion will be carried out in a government facility, or in a private facility authorized by the competent authority, to carry out the procedure The abortion must be carried out with the knowledge of the obstetrician and the gynecologist, and based on the approval of the attending physician monitoring the case requiring abortion. The monitoring physician must submit a report containing justification for the abortion. The report must be signed by the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent and sign the report. Abortion is also permitted in case of proven fetal abnormality. The malformation of the fetus must be proven through a medical report supported by at least three consultants specialized in obstetrics, gynecology, pediatrics and radiology, after carrying out all necessary medical examinations. In this case too, the abortion cannot be carried out without the consent of the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent on her behalf. Conditions for performing Abortion Apart from the conditions mentioned above, the Cabinet Decision has set certain other conditions that must be fulfilled or followed before carrying out abortion procedures: The abortion must not result in any medical complications that may pose a threat to the life of the pregnant woman The duration of pregnancy at the time of abortion must not exceed 120 days Although it is important to obtain the consent of the pregnant woman, or her husband, consent from either may not be necessary in emergency cases. If the pregnant woman is not a citizen of the UAE, she must have a valid residence permit of not less than one year before the date of submitting the abortion request. The concerned physicians in charge of the abortion procedure must write a case report, confirming the duration of the pregnancy and explaining the justifications for performing the abortion, the necessary approvals and the procedures that were taken regarding the pregnant woman from the moment she entered the health facility The competent authority must approve the abortion. The pregnant woman must be provided medical and social advice before and after the abortion procedure. Conclusion The UAE legal provisions concerning medical abortions have seen many changes in the past years. The law prioritizes women’s health and ensures that abortions are carried out in a safe manner, in health facilities that are qualified to conduct the examinations.

AGE LIMITS, RIGHTS AND RESPONSIBILITIES The United Arab Emirates has brought about sweeping changes in Family Law, particularly under divorce, alimony and child custody rights. In this article, we will analyse the new laws regarding child custody under the UAE Family Law for Muslims and Non-Muslims. Family Law in the UAE In the UAE, family law is covered under three laws, namely, the Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status Law (“Federal Personal Status Law”), governing Muslims across the seven emirates in the UAE, the Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021, governing Non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”). Child Custody under the Federal Personal Status Law The Federal Personal Status Law replaces the previous law under Federal Decree Law No. 28 of 2005. Under both laws, child custody is divided into guardianship and custody. Guardianship involves the overall welfare of the child, while custody involves the day to day care of a child. Under the new law, the age of custody has undergone major changes. As per the old law, after a divorce, the mother obtained custody over her male children until the age of 11 and the female children until the age of 13, after which the fathers obtained custody of children. However, the new law has homogenised the custody age to 18 for both male and female children. The father is granted guardianship rights over the children during this time However, the Federal Personal Status Law grants children the right to choose between the two parents, after the children attain the age of 15, provided that the judge deems this choice to not be against the best interests of the children. Impact on Travel The change in custody rights also affect the laws regarding travel with a child after a divorce. The Federal Personal Status Law allows both parents the right to travel alone with the children, if they provide proper guarantee to the other parent. In case the other parent objects to the travel, they may seek a decision from the court of law. The law also grants the parents the right to seek extension of the travel period by 60 days if it is in the best interest of the child or in cases of medical treatments or for any other reason accepted by the court. Child Custody under the civil personal status law The civil family laws in the UAE, under both the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law recognises the concept of joint custody of children after a divorce. These laws are in line with the international family law principles, granting both parent equal rights and duties over the children. Thus, both the father and the mother is required to contribute to the day to day care and welfare of the children, as well as undertaking the financial responsibilities of the children equally. Parents are however free to decide on the manner of joint custody, or whether they want to assign specific roles regarding the care and welfare of their children. If the parents are unable to reach an amicable decision, they may approach the court, which will then provide a decision based on the best interests of the children. The parents may also waive their right to joint custody of the children. Additionally, either parent may request the court to disqualify the other parent from being a joint custodian, due to the following reasons: If the child in custody risks being exposed to domestic violence or ill-treatment. If the living conditions provided by the joint custodian to the child in custody is considered inadequate If the joint custodian has behavioural or psychological problems that would harm the child in custody or expose him/her to danger or negligence If the joint custodian does not perform their custodial duties. If the joint custodian commits a crime against morals and honor that prevents them from carrying out their custodial duties or poses a threat to the behavior of the child in custody, provided that their guilt is proven by a final judgment. If the joint custodian does not devote time to caring for the child in custody or is distracted from caring for the child in custody. If the joint custodian abuses drugs, alcohol or any psychotropic substances. If the joint custodian suffers from health issues that prevent them from carrying out their duties with respect to the child in custody. Any other reasons as determined by the competent court and in the interest of the child in custody If a parent successfully proves that the joint custodian is ineligible for custodianship, the court may decree that the remaining parent is the sole custodian of the child.   Author: Awatif Al Khouri

Introduction Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law. The Extradition Law and proceedings in the UAE, as outlined in Federal Law No. 39/2006 and amended by Federal Decree-Law No. 38/2023, establish a comprehensive framework for managing extradition petitions and processes. A detailed summary is provided below Procedures for Extradition Requests and Attachments (Article 33): The provisions of Article 33 were replaced by virtue of  Article 1 of the Federal Decree Law No. 38/2023 The Public Prosecutor, or an authorized representative, is empowered to approach the Central Authority in the foreign jurisdiction to initiate extradition proceedings for individuals who have been sentenced to a minimum of six months or who are facing charges for offenses that carry a penalty of one year or greater. The request for extradition should be submitted in written form, containing the date, signatures, and official seals. It must also include complete identification of the individual, a detailed account of the facts, classification of the offense, pertinent legal provisions, and the basis for the extradition. All documents are required to be transmitted through the Central Authority utilizing diplomatic channels and must be translated into the language of the foreign authority or another language that is accepted, unless otherwise stipulated by a treaty. Arresting the Extraditee in Case of Urgency (Article 34): The provisions of Article 34 were replaced by virtue of  Article 1 of the Federal Decree Law No. 38/2023 In an emergency, the public prosecutor or someone they have authorized may tell the right authorities in the requesting State about an arrest warrant that was issued according to the law. This is done to make sure that the individual who is wanted is arrested and held temporarily. The arrest warrant must be communicated through the Ministry of Interior’s communication department. The Public Prosecution must next complete the relevant extradition paperwork and send it to the requesting State via the Central Authority's diplomatic channels. Legal Classification of the Crime (Article 36-37): If the legal classification of the offence is changed during proceedings, the extradited person may not be accused, tried, or subjected to any procedure affecting their freedom unless the new classification is based on the same facts for which extradition was granted and carries the same penalty or a more severe one With the exception of border offenses, the State may offer a commitment to the Requested State, in line with relevant provisions of the conventions, to refrain from imposing the death penalty on the individual being extradited. In cases of retaliatory offenses, such an action may only be permitted if the victim's rightful heirs give away their Shari’a right. The issuance of the undertaking is to be carried out by the minister, followed by the requisite procedures to modify the penalty. Management of the Surrender and Extradition of Items (Articles 38-42): The Public Prosecutor or their delegate has the authority to transfer items related to a crime to the Requesting State, regardless of whether these items are in the possession of the individual facing extradition or were found subsequently, provided that such transfer does not contravene local legislation. The surrender of items may be deferred if they are required for local judicial or administrative functions. With official oversight, items can be sent overseas upon the request of a foreign entity, as long as all necessary requirements are met and there is no risk to state security, public order, or ethical standards. The tribunal assesses the arguments presented by both the Public Prosecution and the complainant before making a decision. Interested parties are allowed to challenge the surrender within a period of 15 days. Request of Judicial Assistance from Foreign Judicial Authorities to the State (Article 43-58) The State may provide judicial assistance in criminal cases if the offense falls under its jurisdiction and the help is necessary for foreign proceedings. Assistance can include locating individuals, hearing witnesses, presenting detainees, notifying documents, seizing property, providing evidence, sharing records, and freezing funds. All requests are to be formally submitted in writing through the Central Authority by way of diplomatic channels. Submissions should include all the case details, relevant documents, and Arabic translations. Witnesses, experts, or imprisoned persons may provide testimony or expertise under safeguards, including immunity from prosecution. If the sovereignty, security, public order, local procedures, or personal safety are at risk, the transfers or testimonies may be denied. Also, if requests are based on politics, are discriminatory, are against the law, or are not allowed by law, they too can be denied. The Requesting State bears expenses, fees, and remuneration, with advance payment possible. Assets, documents, or proceeds related to the case may be returned or shared according to rules set by the Minister and relevant authorities, with a committee handling revenue-sharing requests. Request of Judicial Assistance from The State Authorities to the Foreign Judicial Authorities (Article 59-63) The judicial authority has the ability to contact the Central Authority for assistance. The Central Authority will initially verify that the request meets the formal criteria before transmitting it to the foreign authority through diplomatic channels. The appropriate date, signature, and seal should be included in the documentation of all requests. In addition, they must include the required translations, as well as exhaustive information about the case, the parties involved, the incidents, the relevant provisions, the procedures, the witnesses, the supporting documents, the additional evidence, and any deadlines for execution. Actions taken under judicial assistance are significant when they are executed in accordance with the regulations established by the foreign authority, unless the domestic authority mandates a specific format, and they have the same impact as if they were conducted within the domestic jurisdiction. A witness, expert, or defendant cannot be prosecuted, detained, or have their freedom restricted for prior criminal acts or convictions before leaving the Requesting State if the assistance involves summoning them. This immunity is valid for 30 days after they are notified that their presence is no longer necessary, excluding periods when departure was impeded for reasons beyond their control. Transfer of Convicts to a Foreign State (Articles 64-71): The Public Prosecutor has the authority to authorize a transfer request under specific conditions: the offense must be punishable in the enforcing state, the conviction must be final, the individual must be a citizen of the enforcing state, consent must be obtained (either directly or through a legal representative), the remaining sentence must be a minimum of six months, and the enforcing state must assume the costs associated with the transfer. Requests should be denied in instances where they interfere with the sovereignty, security, or public order; involve military offenses; diverge in penal codes; permit special amnesty; or pertain to financial obligations or minimal or maximum sentences that apply. Requests must be written in Arabic (or translated) and include personal details, nationality documents, domicile, prison location, certified conviction, remaining sentence, consent, and a commitment against special amnesty. The Public Prosecution guarantees that consent is obtained freely and with full awareness. The State, through the Central Authority, is required to notify the enforcing State of any conditions or processes that may affect the implementation of penalties. Also, it is the responsibility of the State to cover transfer expenses and guardianship responsibilities. Transfer of Convicted from a Foreign State (Articles 72-78): The State may request a foreign State to transfer a national serving a sentence there. Convict’s personal information, proof of nationality, details of imprisonment, and translations of all documents into the language of the convicting State or another officially ratified recognized language must be included in the written request. Sentences are implemented in accordance with state legislation, with time served abroad deducted, and transferred offenders are imprisoned on the Public Prosecutor's decision. The State is responsible for enforcement; however, it must notify the convicted State and give updates upon request. The transferred convict cannot be retried or subjected to legal proceedings for the same incidents that were the subject of the original judgment. Medical release must be reported to the convicting State. While the general amnesty is applied automatically, the approval of the convicting State is required for special amnesty or conditional release. The acknowledgment of amnesty provided by the convicting State is also recognized. Conclusion The UAE's extradition and transfer of convicts legislation is a robust legal framework that enables the country to cooperate with other nations in criminal matters. It sets out the duties, protocols and compliance mandates; it also harmonizes international relationships with local safeguards They ensure that requests, judicial assistance, and transfers are managed appropriately, with all required documentation, consent, and protective measures established. Subsequently, the regulations protect personal liberty, sovereignty of the nation, and the public order. Through these provisions, the UAE confirms its commitment to upholding the rule of law and promoting justice both domestically and internationally.   Author: Awatif Al Khouri

How Long Will a Divorce Take in the UAE? What Couples Should Expect It can be hard to think about getting a divorce in the UAE, especially if you’re an expat or a couple who doesn’t know much about the local legal system. Clients, couples, and partners often ask us, “How long will the divorce take?” The divorce process in the UAE isn’t the same as it is in Western countries. Depending on your situation, the timeline could be as short as a few weeks or as long as a year. This article, written by experienced Divorce Lawyers UAE, explains the timeline in plain language, uses real-life examples, shares interesting facts and figures, and gives you useful advice on how to plan your next steps. A quick look: Why the Timeline is Important The length of a divorce, whether it is contested or agreed upon, matters legally, financially, and emotionally. Your decisions early on will affect how long it will take, from your visa status to child custody, asset division, and future plans. What Factors Affect the Divorce Timeline in the UAE? There are a number of things that affect how long it takes to get a divorce in the UAE. Think of “speed” as the distance between two points: Uncontested Divorce:Like a highway with no traffic that goes smoothly Contested Divorce:Like driving through a city with a lot of stops and turns Here are the things that affect the timeline: Agreement Between Spouses Divorce proceedings are generally faster when both spouses agree on all key issues, including financial arrangements and child custody. Divorce Type (Muslim or Not Muslim) The type of divorce can affect how the case is handled and how long it takes. In the UAE, the Personal Status Courts, which use Sharia law, usually handle divorces between Muslim spouses. In some emirates, like Abu Dhabi, non-Muslim expats can go to Civil Family Courts to settle their disputes. These courts may have different rules and timelines. Court Procedures, Mediation, and Case Complexity In many divorce cases, UAE courts require both spouses to attend family counselling or mediation before the matter can proceed further. These sessions are intended to encourage discussion and help the parties resolve their differences without prolonged litigation. The length of this stage can vary, depending on how many meetings are needed and whether any progress is made. Hard financial and child-related issues The timeline may also be extended where there are complicated financial or child-related issues to resolve. Matters such as dividing property, determining financial support, or setting child custody arrangements often require additional hearings and careful consideration, which can add time to the overall process. Divorce that is in dispute (when issues are contested) When the spouses can’t agree on things like alimony, child custody, or how to divide their property, the divorce process usually takes a lot longer. These cases can take anywhere from six to twelve months, and sometimes longer, depending on how busy the court is and how complicated the issues are. A divorce that isn’t agreed upon can easily last more than a year if there are repeated hearings or appeals. Like a renovation that shows hidden problems with the structure, each issue that isn’t fixed adds time to the process. A breakdown of the timeline step by step Putting in the petition The court will set a date for the first review once all the required papers have been turned in. This step of the process usually doesn’t take long. It can take anywhere from a few days to a couple of weeks, depending on how busy the court is and whether the paperwork was done correctly. Family counseling and mediation In a lot of cases, and depending on the emirate, the people involved have to go to family guidance or mediation sessions before the case can move forward. The goal of these meetings is to help spouses work out their problems in a friendly way. If they can’t agree right away, they may need to have more than one session, which can make the process take longer. Court dates If there is a disagreement over the divorce, the court will often hold more than one hearing. The time between hearings can change a lot, mostly because of the court’s schedule and how complicated the case is. Final Decision Once the court approves or determines the final terms, the judge issues the divorce decree. Fact that expats might find interesting There are no official nationwide statistics available to the public, but many lawyers say that uncontested divorces in the UAE tend to go faster than in most Western cities, where court backlogs can make the process take more than a year. How to Make the Process Go Faster Divorce lawyers in the UAE who have been around for a while say: Get things in order early Before you file, make sure you have your marriage certificate, Emirates ID, children’s papers, financial statements, and translations ready. Say What You Mean If both spouses can agree on the terms right away, it cuts down on time a lot. Get Help from a Professional If you hire experienced Divorce Lawyers UAE, you can avoid delays caused by missing paperwork or misunderstandings. Conclusion In short, there is no predetermined period for divorce in the UAE because each case is different. If both spouses can agree on the main points, the process can go pretty quickly and be done in a few weeks or months. But when there are disagreements about money, kids, or other important issues, the process can take longer and last for six months, a year, or even longer. Staying organized, being open to working together when you can, and getting advice from a knowledgeable divorce lawyer in the UAE can all help keep things moving and protect your interests. No matter what stage you’re at, knowing how the process works and getting ready in advance can make a big difference.   Author: Awatif Al Khouri

When do you need an inheritance lawyer in the UAE? Think of passing an estate to your family like handing over a safe deposit box full of valuables: if the key (a valid will) is clear and everyone knows the code, the handover is calm. If you lose the key, the box stays locked. Family members fight, banks freeze assets, and courts decide the code for you. This guide tells married couples living in the UAE in simple terms when they need an inheritance lawyer, what the law allows, examples from real life that you can use in family conversation, and easy ways to keep your spouse and kids safe. Why is a lawyer important in the UAE? The UAE made a modern civil personal-status system that makes it easier for non-Muslims to make wills and plan for their estates. There are special registries for wills in the UAE. They may make a will with the DIFC, Abu Dhabi Civil Family Courts (ADCFC). The applicable laws would be Federal Decree-Law No. 41 of 2022 on Civil Personal Status and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi. When you need to hire an inheritance lawyer You don't have a will, or your will is old. If a spouse dies without a valid will, the law says how the estate should be divided, which may not be what your family wants. A lawyer who specializes in inheritance writes a clear, legally binding will and tells you where to register it in the UAE. This is the most common reason families need legal help. You or your spouse are living abroad and own property in more than one country. Managing cross-border estates is like managing bank accounts in different currencies: each country has its own rules. Lawyers work with lawyers from other countries to figure out which laws apply and help register or change wills so they are valid in all jurisdictions. You own property, a business, or complicated assets like stocks, insurance, or digital assets. Buying real estate or company shares requires certain papers and sometimes even corporate resolutions. A lawyer keeps the estate from being frozen, figures out who gets what, and helps with the transfer of ownership. Family members don't agree or someone contests the will If heirs disagree with a will, think it was forged, or say that someone had too much power over it, an inheritance lawyer who can go to court can get emergency court orders, protect assets and evidence, and try to reach settlements when possible. You have dependents with special needs or minor children A lawyer can write up provisions (and suggest trust-style mechanisms or court orders) to make sure that children and dependent spouses are taken care of without having to go to court for custody, guardianship, or long-term funds. Use real-life examples to explain this to your spouse. Without a will, there is no roadmap, leaving your family to navigate uncertainty, waste time, and risk ending up in the wrong place while trying to reach their destination. A cross-border estate is like traveling through multiple countries; without proper planning, your loved ones may face delays, fines, and confusion. Having experienced local lawyers in each relevant country acts as a guide, ensuring the process runs smoothly and efficiently. These simple comparisons make it easier to make the decision to write a will. Timelines: What to Look Forward To A simple, registered will can speed up the probate and distribution process (weeks to a few months). It could take months or longer for estates that are complicated, disputed, or cross-border. Registering with a dedicated wills service (DIFC, ADCFC, or Dubai Courts) cuts down on uncertainty and lowers the chance of long court battles. A quick list of useful tips for married couples Draft a will and register it where appropriate (DIFC, ADCFC, and Dubai Courts) Keep the official copy in a safe place (and let your spouse know where it is). Make a list of your most important assets, like your homes, bank accounts, stocks, and insurance policies, and keep proof that you own them. After big life events like the birth of a child, buying a house, or changing your citizenship, read your will again. If you own property in another country, you should talk to both a UAE lawyer and a lawyer in that country. Conclusion An inheritance lawyer isn't just for rich married couples in the UAE; they're also the locksmiths who make sure your family can get into the safe deposit box when the time comes. If you don't have a will, own property in more than one country, own a business, have family problems, or have dependents who are at risk, you should talk to a lawyer. It protects your spouse and children to register a clear will with the right UAE registry.   Author: Awatif Al Khouri

What to Do If You’re Accused of Fraud in the UAE Imagine you’re walking into a busy souk (market), and someone sells you a “genuine” designer bag at half‑the‑price; only later do you discover it’s fake. In the UAE, fraud can look like that: false promises, forged documents, or deceptive schemes. If you’re an expat and find yourself a victim or even accused of fraud, a criminal lawyer becomes your roadmap out of a maze. This article explains clearly how a lawyer can help when fraud strikes: what the law says, what your rights are, and concrete steps you can take to protect yourself. What counts as “fraud” in the UAE: Legal Basics Under Federal Decree‑Law No. 31 of 2021, fraud includes obtaining money, movable or immovable property, or documents by deception—e.g., false name, false identity, or misrepresentation. Deception necessitates that the victim relinquish property or rights; lying alone may not suffice; however, misrepresentation combined with profit frequently results in fraud. In UAE law, fraud requires "fraudulent means" (material acts or external appearances) that convince a victim to surrender property. For “electronic fraud” (online scams, fake banking apps, phishing, identity theft), there is a separate statute: Federal Decree‑Law No. 34 of 2021 on cybercrimes with heavy penalties for online deception. In the UAE, penalties for fraud are stringent, leading to significant consequences. Judges do not evaluate the charge in isolation while rendering a decision. They consider the overall situation, including how much money was involved, the way the offense occurred, and whether there were aggravating aspects such as fraud involving government entities, the use of fake or altered documents, or activity carried out online or through digital systems. The Role of a Criminal Lawyer in Your Case Evaluate whether the act qualifies as “fraud” under UAE law Fraud is a technical crime. A good lawyer assesses whether all legal elements (deception, false identity or misrepresentation, victim’s consent under that deception, actual loss) are present or whether the case can be challenged as a mere misunderstanding or civil dispute instead of criminal fraud. Help victims file criminal complaints and collect evidence If you’re a victim (scam, fraud, cyber‑fraud, bad cheque, real‑estate scam, identity theft), a lawyer helps you prepare a complaint, gather documents and evidence (chat logs, emails, contracts, screenshots), and submit to authorities properly. This increases chances of a thorough investigation and recovery. If someone accuses you, hire a lawyer to help you. Not everyone who is accused of fraud is doing something wrong on purpose. They can also happen when people don't understand each other or when business deals go wrong. It's essential to have a lawyer in these types of situations. A lawyer ensures that your rights are safeguarded during an investigation by the police or when you appear in court. Their assistance can significantly reduce the likelihood of being convicted, fined, or deported.   At the exact same time as charges are pending, you can work off settlements, get back stolen property, or file civil claims. In many fraud cases, civil claims for damages or restitution can happen at the same time as or after criminal cases. A lawyer can assist you in recovering lost funds, assets, or other forms of compensation via appropriate legal avenues. An attorney can assist you in recovering lost funds, assets, or other forms of compensation via appropriate legal avenues.   Obtain protective orders and freeze assets. A UAE lawyer can secure your claim by promptly obtaining precautionary measures in cases of significant fraud or forgery. To prevent the suspect from fleeing, a travel restriction is implemented, and a precautionary attachment is implemented to immediately freeze their bank accounts, property, and vehicles. Typically, these decrees are issued "ex parte" (without the suspect's knowledge) to prevent the concealment of assets prior to a final judgment. When Expats Really Need A Criminal Lawyer Fake "get-rich-quick" schemes or online investment frauds are prevalent among expatriates: Several expatriates are targeted by fraudulent platforms or social media that advertise high returns. These actions can be readily classified as cyber fraud under UAE law. Scams that involve real estate or rentals include the use of forged title deeds, phony agents, and fake bank guarantees. Under false pretenses, individuals who are victims provide funds for down payments or deposits. All scams that involve jobs or business transactions, including fake job offers, fake recruitment agencies, contract fraud, and stealing company money, are scams. Bank fraud, check scams, and identity theft—fake cheques, fake banking apps, and transfers that aren't allowed. Cyber and financial fraud are both very serious crimes. Cross-border fraud or international scams happen when expats live in another country and are involved through offshore companies or deals made in other countries. Cross-jurisdiction law is complicated, and a lawyer helps make sure everything goes smoothly. Without a lawyer, handling legal issues abroad is risky and confusing; with one, you have a knowledgeable guide who ensures safer, faster outcomes, saving time, money, and stress. If you think you might be a victim of fraud, here are some useful tips for expats. Don't talk to the person you think is a fraudster. Don't sign anything else or send any more money. Keep all proof, like chats, emails, bank statements, contracts, and documents, in both digital and physical form. If a significant amount of money is involved, or if the case includes forged documents or identity theft, you should contact a criminal lawyer immediately. Tell the police or other authorities about the fraud. Many emirates in the UAE have official websites for reporting cyber fraud. Don't fall for "pay-to-recover" scams, which are when someone asks for money up front to get your lost money back. Real lawyers or government officials won't ask for a lot of money up front. Stay calm and tell your lawyer everything if you are accused. Maintaining an open and honest relationship with your legal team enables them to better protect you. Behaving in a manner that is characterized by fear or concealing information, on the other hand, can have a huge impact on the outcome of your argument. Conclusion According to the law of the UAE, fraud crimes that take place in the banking, real estate, commercial, or online sectors are regarded as particularly serious. Expatriates may face severe consequences, such as the potential for deportation, imprisonment, substantial penalties, reputational damage, or property forfeiture. If you suspect that an individual has engaged in fraudulent activities or if you have been the subject of an investigation, it is essential that you act promptly. Acquire evidence, retain an experienced criminal attorney, and navigate the UAE's legal system with the appropriate assistance. Author: Awatif Al Khouri

Introduction When a criminal complaint surfaces, most people react the same way—they start searching for the best criminal law firm in the UAE. It’s an emotional moment. There’s uncertainty, pressure, and often very little clarity about what happens next. But the idea that there is one single “best” firm across the country isn’t realistic. Some firms are known for handling serious financial investigations. Others spend most of their time in court defending assault or drug cases. Some are particularly experienced in guiding expats who feel lost in the system. The right criminal law firm that Dubai residents choose often depends less on reputation and more on relevance. In other words, the best firm is the one that fits your situation. Understanding Criminal Law in the UAE Criminal matters in the UAE are mainly governed by Federal Decree-Law No. 31 of 2021 and Federal Decree-Law No. 38/2022. Offences fall into three broad categories: Infractions (Article 31)—In infractions, the penalty may involve detention for a period of not less than 24 hours and not more than 10 days carried out in designated facilities or a fine not exceeding AED 10,000. Misdemeanors (Article 30)—A misdemeanor crime includes a penalty of a jail sentence, a fine exceeding AED 10,000, or the payment of blood money (diya), depending on the nature and consequences of the offense. Felonies (Article 29)—Depending on the seriousness of the offense, penalties under UAE law can include retaliation (Qisas) punishment, the death penalty, life imprisonment, or temporary imprisonment for a fixed term. Most cases begin at the police station. After the investigation, the file goes to the Public Prosecution. If the case moves forward, it will reach the criminal court. For expats, the situation can feel heavier. A case doesn’t just mean court dates; it can also affect employment and residency. That’s why many people look carefully for the best criminal law firms that UAE residents already have confidence in. What Actually Makes a Criminal Law Firm Stand Out? Marketing language can be impressive, but it rarely tells you what you really need to know. Instead, look at practical points: Does the lawyer regularly handle criminal cases? Have they worked on matters similar to yours? Are they realistic when discussing possible outcomes? Is the fee structure transparent from the start? Do they respond promptly when something urgent happens? The best criminal law firm that UAE clients often end up choosing is usually not the one making the strongest claims. It’s the one that feels steady, prepared, and transparent. Comparative Breakdown: Choosing Based on Your Situation Different types of allegations call for different kinds of experience. Here’s how that tends to play out. Scenario 1: Business-Related Criminal Allegations Example: Breach of trust, cheque disputes, fraud complaints. Best Fit: A firm that has experience in handling both paperwork and the criminal procedure of the court. It is important to look over the agreements, deals, and other private communications. Scenario 2: Assault or Public Order Offences Example: Physical dispute, alcohol-related incident, verbal insult complaint. Best Fit: A firm that spends a lot of time in criminal court. These cases often move quickly. With early advice, the case can be influenced in the correct direction. Handling witness statements and presenting arguments can be easier when handled by experienced criminal law firms. Scenario 3: Charges Associated with Drugs Even possession of small amounts of drugs can constitute a drug offense in the UAE. Best Fit: Experienced criminal defence law firms in Dubai that handle serious cases as part of their core work. Scenario 4: First-Time Minor Offence (Expat) Example: Small dispute, unintentional violation. Best Fit: Experienced firm that practices transparent communication and prioritizes a practical approach. In these cases, the best criminal law firm in the UAE can be the one that delivers clear answers and doesn't make things worse. Awatif Mohammed Shoqi Advocates and Legal Consultancy is a full-service firm that manages such cases, handling business-related criminal matters, court-based offenses, drug charges, and first-time expat cases with practical guidance and clear legal support throughout the process. Things to Watch Out for in a Criminal Defense Firm Exercise caution if You are assured of a certain outcome. From the start, fees are unclear. The lawyer representing you is someone you never met. Difficult questions are brushed aside. Criminal defence requires trust. Honest advice, even when it’s not what you want to hear, is usually a better sign than bold assurances. Questions You Should Always Ask Before deciding on a criminal law firm, Dubai residents may suggest considering asking the following: Have you handled cases like mine? Will you personally represent me in court? What are the realistic risks? Could this affect my visa or travel status? What will the total cost likely be? The answers and the tone in which they’re given often tell you everything you need to know. So, Which Law Firm Is Truly the Best? There isn’t one single firm that qualifies as the best criminal law firm in the UAE in every situation. The right choice depends on: How serious the allegation is Whether business or financial issues are involved Immigration concern Budget Your level of comfort with the lawyer A firm that excels in complex financial crime may not be the ideal choice for a minor public dispute. What matters most is alignment between the case and the firm’s real experience. Conclusion It can be stressful to deal with criminal cases. Particularly for foreigners, the procedure may seem strange and daunting. The best criminal defense attorneys that UAE citizens can rely on will carefully advise you, clearly state your case, and take prompt action when needed. Rather than focusing only on who claims to be the best, focus on who understands your situation and gives you straightforward advice. That approach usually leads to choosing the right criminal law firm in Dubai or anywhere else in the UAE for your specific needs. Author: Awatif Al Khouri

A Lawyer's Guide to What to Do After an Arrest in Dubai Getting arrested in Dubai can be scary, especially for expats who don't know the laws in the UAE. The legal process can be scary and confusing, from being questioned by the police to being held. Knowing what to do after being arrested can help you protect your rights, avoid misunderstandings, and get the best possible result. Some quick facts about arrests in Dubai Article 48 of the Federal Decree Law 38/2022 promulgating the Criminal Procedures Law deals with the rights of the accused after arrest. The Dubai Police handle both minor and major offenses. For some crimes, the law can send people to jail, punish them, or deport them back to their home country. It's really important for foreigners to know how the system works and what their rights are. Step 1: Stay calm and work together. Don't panic or fight back when you're arrested. If you resist physically, you could face more charges. Pay attention and don't argue with the officers. When you're in a storm, staying calm helps you get through it safely. Step 2: Use your right to have a lawyer represent you Before you make any statements, you have the right to talk to a criminal lawyer. A lawyer makes sure that your rights are protected and can stop you from making false or coerced confessions. Step 3: Don't say anything that might get you in trouble. Don't talk to other people about the case, post about it on social media, or try to explain yourself to people you don't know. Things you say in passing can even be used against you. It's like telling the other team your game plan in real life. Anything you say can be used in court. Step 4: Write down everything As soon as you possibly can, write in the time, location, and names of the officers, as well as what took place. Make sure to keep copies of any paperwork, invoices, or IDs that are related to your case. Your lawyer can make your case stronger by keeping evidence safe. Step 5: How to leave jail or stay there The police in the United Arab Emirates could give bail or sentence someone to prison, depending on the crime. A lawyer talks to you about the terms of your bail, helps you post bond if you need to, and makes sure that the terms of your release are fair. Tip: Having a lawyer there early on makes it more likely that the bail terms will be fair. Step 6: Look into things and ask questions If the police keep asking you the same questions, always have your lawyer with you. They will tell you what to say and do, as well as how to act like a professional. Lawyers additionally make sure that your statements are put in correctly along with, if required, translated. Step 7: Preparing to safeguard yourself To collect evidence, attorneys review documents, interview witnesses, and engage in various other activities. Inquiries may arise regarding unlawful searches, errors that occurred, or discrepancies between police reports. Step 8: Get a lawyer to help you in court. When you go to court, a hearing, or try to make a deal, your lawyer is there for you. They fight for you, ask questions, and bring up things that could help your case. Depending on the situation, a good lawyer can help you get probation, lower your penalties, or keep you from going to jail. Step 9: Get help after the trial If someone is found guilty, lawyers can help with appeals, getting a shorter sentence, or rehab programs. Expats might need to return to their country of origin or encounter difficulties with mobility. Lawyers assist in reducing the likelihood of these risks occurring Driving under the influence (DUI) and other drug- or alcohol-related traffic offenses are common problems for expats in Dubai. Disagreements at work that lead to criminal charges, such as fraud or breach of trust Accusations of cybercrime, like posts or messages on the web Drug-related arrests, where even having drugs by accident can have serious effects Helpful Tips for Expats Always be calm and polite. Ask for a lawyer right away Don't talk about your case in public or online. Write down everything that happens in detail. Keep any proof of the event safe. Listen carefully to what your lawyer says. Conclusion Being arrested in Dubai is a significant issue, especially for expatriates who may not be well-versed in the legal system of the United Arab Emirates. he outcome of your case can be significantly impacted by taking prompt action, being composed, and getting the right legal assistance. Initial advice from a seasoned criminal attorney is essential for safeguarding your rights, facilitating communication with law enforcement, and effectively navigating court processes. By implementing appropriate support and a strategic approach, it is possible to mitigate legal risks, enhance your reputation, and secure your future more effectively. Author: Awatif Al Khouri  

Introduction Extradition requests in the UAE are primarily governed by Federal Law No. 39 of 2006 Concerning International Judicial Cooperation in Criminal Matters, which has been recently updated by Federal Decree-Law No. 38 of 2023. The United Arab Emirates (UAE) cooperate with other nations to address these criminal challenges, and this cooperation is based on international agreements, treaties, or the concept of reciprocity. The Extradition procedure Article 7 stipulates a couple of legal conditions for a person's surrender. The formal extradition process known as "surrender" occurs when the United Arab Emirates transfers a wanted individual to a foreign court for investigation, trial, or imprisonment. The law establishes specific legal requirements that must be met for such a surrender to be authorized: The act for which extradition is sought must be a crime in both the requesting state and the UAE, punishable by deprivation of liberty for at least one year or a more severe penalty. Addressing dual criminality, it doesn't matter if the states term the crime by different names or categories. If the individual has already been convicted, extradition is only permitted if they have at least six months remaining on their custodial sentence. Requirements for Formal Documentation under Article 11 The UAE Central Authority (Ministry of Justice) must receive a formal extradition request in writing through diplomatic channels. The requesting state must translate it into Arabic and sign and certify it formally. The request must contain the person's name, description, pictures, and any other information that can help prove their identity, nationality, and whereabouts. The requesting state must also give the exact language of the law that applies to the crime or a copy of it, as well as the details of the sentence, together with a written warrant from the foreign court authority. A comprehensive outline of the case, including the type of crime, the exact actions the person is accused of, and the date and place of the offense, should be included. If already found guilty, then judgment evidence, such as an official copy of the judgment, proof that it can be carried out, and information about the term given. Judicial and Administrative Review The Central Authority verifies that formal requirements are met and then refers the request to the Public Prosecution. A Competent Court of Appeal hears the request in a closed session with the Public Prosecution and the person sought present. The Minister of Justice has to consent to the extradition if the court finds the request valid. Both the Public Prosecutor and the requested person have 30 days to appeal the court's decision before the Court of Cassation. Interpol Red Notice and Extradition An Interpol Red Notice is an international arrest alert that serves as a precursor which allows the UAE to detain a person urgently. This is, however, distinct from a formal extradition request, which is a more comprehensive legal and diplomatic request that must comply with the specific documentation and translation requirements outlined in Article 11 of the Law. INTERPOL is a neutral platform for international cooperation, however, it is not authorized to compel member states to make an arrest. Extradition and international arrest warrants (specifically INTERPOL Red Notices) are distinct legal instruments that collaborate to expedite the arrest and return of fugitives across borders. A Red Notice is a global request that is sent to law enforcement agencies worldwide to locate and provisionally detain an individual who is pending extradition, surrender, or some other form of legal action. People often think that a Red Notice is an international arrest warrant, which is not true. It is an international warning issued when a country requests an arrest warrant or a court order from its own judicial system. Extradition is the formal judicial procedure by which a person is surrendered by one state to another for the purpose of prosecution or serving a sentence. In the UAE, this is governed by Federal Law No. (39) of 2006. Grounds for Denying Extradition Extradition must be refused if any of the following conditions exist under Article 9: Citizenship: The person sought is a citizen of the UAE. UAE Jurisdiction: UAE laws provide jurisdiction to local judicial authorities over the specific offense. Political or Military Character: The offense is of a military nature or is a political offense. However, political offenses do not include terrorism, war crimes, genocide, or crimes against heads of state and their families. Discriminatory Purpose: There are substantial grounds to believe the request is intended to punish the person based on race, religion, nationality, or political opinion. Legal Finality (Ne Bis In Idem): The individual has been previously tried, acquitted, or convicted for the same offense, or the case has expired due to the statute of limitations. Conclusion The process of international alerts and extradition is elaborately designed to prevent individuals from being unfairly treated and to ensure that no border can be used as a simple escape from justice. In the UAE, the process is a strict legal journey governed by Federal Law No. 39 of 2006. It begins when a country sends a formal request through diplomatic channels to the Ministry of Justice. For an extradition to happen, the crime must be a serious one (usually punishable by at least a year in prison) in both the UAE and the requesting country. Ultimately, a UAE court must review the case, and the Minister of Justice must give the final approval before anyone is sent abroad. INTERPOL acts as the global messenger in this process. Their most famous tool, the Red Notice, is a powerful global alert that informs police in 196 countries that a person is wanted. People with an active notice are very likely to be arrested immediately when they try to cross a border, making foreign travel extremely risky for them. Even though these tools are necessary for global security, they are balanced by laws that protect people. People can contest these alerts through an independent organization known as the Commission for the Control of INTERPOL’s Files (CCF), ensuring that global policing remains neutral and fair. Author: Awatif Al Khouri

Introduction As the world becomes increasingly digital, we are more connected than ever. But this development has also brought new and more intricate threats that could hurt the economy and society. The United Arab Emirates is known for being a leader in technology and innovation. To secure the public’s trust and also national security, it is important to protect the digital environment. The UAE enacted Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors, and Cybercrime was enacted on January 2, 2022. It was further amended by Federal Law No. 5/2024. This comprehensive framework does not merely update old penalties; it redefines the standards of digital citizenship. By moving from a reactive model of cybersecurity to a proactive, governance-based system, the law addresses the complexities of the fourth industrial revolution, ranging from the industrialization of disinformation via "e-robots" to the subtle breach of personal privacy on social media platforms. The Architecture of Information Integrity: Understanding Article 52 At the heart of the UAE’s response to the viral nature of misinformation is Article 52, a provision specifically designed to halt the spread of "fake news". The law targets any individual who uses an information network to disseminate, circulate, or recirculate false data or rumors that contradict officially announced news. Three main things usually have to happen for an act to be considered a crime under this article. It must be false or misleading information that is likely to change people's minds or disturb the peace, and it must go against what the government has said. The consequences are harsh: a minimum of AED 100,000 in fines and a minimum of one year in jail. The law also knows that rumors can be particularly serious when things are dire. False information can spread quickly and hurt people. That's why the punishments are much harsher in cases of emergencies, epidemics, or disasters. The law says that in these situations, the person must spend at least two years in prison and pay a fine of at least AED 200,000. This is because, in a crisis, even one piece of information that hasn't been checked can quickly cause panic, lead people astray, and have a big impact on the economy or public health. The Industrialization of Disinformation: E-Robots and External Influence In an era where technology can automate the spread of falsehoods, the law introduces specific measures against the "industrialization" of disinformation. Article 54 addresses the use of automated programs or electronic robots that are created or modified to disseminate misleading information. The penalties include imprisonment of 2 years or fines between AED 100,000 and AED 1,000,000. The UAE has expanded its laws to apply even to actions taken outside the country. So, if someone spreads rumors from abroad, they can still be investigated and prosecuted under UAE law. Article 55 also targets anyone who asks for or accepts gifts or benefits, inside or outside the UAE, in return for publishing illegal content or spreading false information in the country. This helps the UAE address digital campaigns that try to disrupt its social or economic stability, no matter where the funding comes from. Social Harmony Over Absolute Transparency: The Privacy Provisions Perhaps the most culturally distinct aspect of Decree-Law No. 34/2021 is its prioritization of "social harmony" over "absolute transparency". Under Article 44, it is a criminal offense to use information technology to breach the privacy of an individual or their family life. This includes: Eavesdropping and interception of communications. Taking photographs or videos of others without their permission and saving or publishing them, even in public spaces. Publishing news or images, even if true, with the specific intent of harming an individual. The law imposes a minimum of six months' imprisonment and fines not less than AED 150,000 and not more than AED 500,000 for privacy breaches. If the material is modified, such as through deepfake technology, to defame the victim, the prison term increases to at least one year. National Status and the Protection of State Symbols The law also provides robust protections for the reputation and status of the State and its institutions. Article 25 criminalizes mocking or harming the reputation and standing of the UAE, its founding leaders, the national flag, currency, anthem, or any national symbols. Violators may face not more than five years in prison and a fine of not more than AED 500,000. Similarly, Article 20 imposes a life sentence for anyone who manages a website or publishes information aimed at changing the ruling regime, effectively prohibiting the use of digital platforms for political destabilization. "Unlawful content" is broadly defined in Article 1 to include anything that harms national security, sovereignty, or public confidence in state institutions. Platform Accountability: The Gatekeeper’s Duty Under the 2021 law, responsibility isn’t just on the person posting content—it also applies to the people running the platforms. Simply put, platform owners and administrators need to stay aware of what’s being shared and take action if something inappropriate or unlawful comes up. Article 53 makes this especially clear. If unlawful content is found on a platform and the authorities officially notify the owner, they must remove it promptly. Failing to do so can lead to heavy fines, ranging from AED 300,000 to AED 10,000,000. Administrators are now considered the "gatekeepers" of the digital space. Furthermore, Article 19 mandates that all online content must comply with "media content standards" issued by competent authorities. Failure of a website manager to comply with these standards can result in up to one year of imprisonment. Infrastructure Protection and Financial Security Beyond the realm of speech and privacy, the law establishes a rigorous defense for the nation’s digital infrastructure. Articles 2 through 5 address unauthorized access to information systems (hacking). The penalties follow a sliding scale based on the target: Basic Hacking: Even if no data is stolen, unauthorized access to a system carries a fine between AED 100,000 and AED 300,000. Government Systems: Hacking a government website is a high-value target offense. Unauthorized access alone carries "temporary imprisonment" and a fine of up to AED 500,000. If the hack results in damage or obtaining data, the sentence can escalate to a minimum of seven years and a fine of up to AED 1,500,000. For both individuals and businesses, the law is there to protect against growing risks like online fraud and extortion. For example, under Article 40, using tricks like phishing emails or pretending to be a bank to steal money is treated very seriously. It can lead to at least one year in prison and fines of up to AED 1,000,000. Enforcement, and Extraterritoriality, The Telecommunications and Digital Government Regulatory Authority (TDRA) and the UAE Cybersecurity Council guide the enforcement of these provisions. The TDRA coordinates the Internet Access Management (IAM) policy, which directs internet service providers to block prohibited content categories and take down fraudulent or privacy-invading sites. Citizens and residents are encouraged to play an active role through specialized reporting portals such as the eCrimes platform by the Ministry of Interior, the Aman service in Abu Dhabi, and the Dubai Police eCrime website. Conclusion: The Standard of Digital Citizenship Federal Decree-Law No. 34 of 2021 ensures that the technological developments do not affect the public order or personal dignity. By codifying strict rules for information integrity, reputation management, and platform accountability, the UAE has created one of the most rigorous cyber-regulatory environments in the world. The law makes it clear that being anonymous online does not remove your responsibility. You can communicate and share, but you should think before posting, make sure your information is accurate, and treat others with respect online. For businesses, the expectations are even higher. Companies need to build compliance into their systems from the start, keeping an eye on content and making sure their platforms are used responsibly to avoid serious legal trouble. This law is designed to build trust. It makes the digital world safer and more reliable, helping keep the UAE a secure place for living, working, and doing business. Author: Awatif Al Khouri

Introduction Being sent back to another country from the United Arab Emirates is one of the most dangerous legal situations a person can be in. In these cases, there are usually criminal charges in another country and a request to move someone from the UAE to that country. The first question that comes to mind for both residents and foreigners is simple: Which UAE international extradition law firm can locals trust to handle these difficult cases well? Not every problem can be solved by one company. It really depends on how much experience you have, how well you know international law, and how well you can defend people who are accused of crimes in more than one country. People can find the right lawyer if they know how extradition works in the United Arab Emirates. When one country asks another to let go of someone who has been charged or convicted of a crime, this is called extradition. Extradition in the UAE is governed by both federal laws and international treaties. These agreements make it easier for countries to work together on criminal cases and make it harder for people who are accused of serious crimes to avoid prosecution by moving to another country. A typical process for extradition might include the following steps: A foreign country asks for extradition or issues an arrest warrant. The UAE government checks the request to make sure it follows both local and treaty rules. The courts in the UAE check that the legal requirements for extradition are met. The government decides whether or not to extradite someone. The Necessity of Lawyers in Extradition Matters International extradition cases are very different from regular criminal cases. Usually, they have: Looking into crimes that cross borders Arrest warrants from other countries Messages from Interpol Countries working together in a legal way A lawyer who works on extradition cases needs to know about both international law and the criminal law in the UAE. Attorneys often work with the country's poor legal teams. Most of the time, a reliable international extradition law firm in the United Arab Emirates will check to see if: The crime in question is serious enough to warrant extradition under UAE law. The request is in line with the treaty. The case is about political or procedural issues. The law says that the prosecution must happen within a certain amount of time. These legal issues can sometimes be used to stop an extradition request. What Are the Traits of a Good International Extradition Law Firm? Good legal representation It is different from regular criminal defense in some ways because extradition cases are very specific. Knowledge of international criminal law An extradition lawyer who knows what they're doing should know how criminal laws work in more than one country. The lawyer can use this information to find differences between legal systems or problems with a request from another country. Understanding how Interpol works. An international arrest notice or an Interpol alert is often the first step in an extradition case. Lawyers who know a lot about this area can fight these notices and deal with the risks that come with travel restrictions between countries. Have been involved in court cases in the UAE Even if a request comes from another country, the courts in the UAE play a big role in deciding whether or not it is legal. Because of this, lawyers need to be able to present their cases to judges in their area. Cooperation with foreign lawyers in a planned way You will often need to hire lawyers in the country that wants to extradite you in order to protect yourself. A legal team with a lot of connections can work together to plan defenses in different places, collect evidence, and fight procedures. Great at dealing with problems You might have to stay in jail or not be able to travel if you are extradited. Lawyers often have to work quickly to protect their clients' rights because they are under a lot of time pressure. Awatif Mohammed Shoqi Advocates & Legal Consultancy is a law firm in Dubai that helps people, businesses, and entrepreneurs with a wide range of legal issues. The company helps clients with complicated criminal and international legal problems who may be under investigation or in court in more than one place. What UAE Courts Think About Extradition Requests Sometimes, UAE courts say no to requests for extradition. Instead, judges carefully check that the request is completely legal. The following things may be taken into account by courts: If the crime is illegal in both the country that asked for it and the United Arab Emirates, If the crime is bad enough to get someone deported, If the case has a political angle If the request follows the rules of the treaty Also, the courts can make sure that the process was safe. Extradition may not happen if the legal requirements are not met. Common Situations That Lead to Extradition Requests People from other countries who live in the United Arab Emirates often have trouble with extradition when Crimes that hurt the economy or cost people money In some countries, you can get an arrest warrant for business-related crimes, fraud, or financial crimes. Investigations Across Borders When different jurisdictions work together on an investigation, they may ask for extradition in cases that involve more than one jurisdiction. Arrest warrants in other countries A warrant from another country may require the person's transfer. Red Notices from Interpol Police all over the world can see these notices. They could lead to an arrest or questioning. A lawyer must think carefully about each case before making any decisions. Practical Advice If you think you might have an extradition problem in the United Arab Emirates, you should be careful and get expert legal advice. Here are some good things to do: Get legal help right away. Getting legal advice early on can help you avoid problems and better understand what's going on. Don't leave the country until you know what's going on. International notices may keep you at airports or other places. Get the right forms Lawyers may be able to figure out how strong a case is by looking at court documents, legal records, and letters. Get help from lawyers who know a lot about international criminal cases. General criminal lawyers may not always know what they need to know for extradition cases. How to Choose the Best International Extradition Law Firm in the UAE You should look at a law firm's past actions, reputation, and advertising when deciding whether to hire them. Here are some important things to think about: Has the lawyer ever worked on cases where a client was sent back to their home country? Are they ready to handle cases of international crime? Do they know what Interpol does? Can they work with lawyers from other countries if they need to? UAE citizens should usually work with an international extradition law firm that knows both international criminal law and the laws of the UAE. Conclusion In the UAE, cases that involve international extradition need complicated legal processes that go beyond normal criminal defense. They need to be smart in court, work with governments all over the world, and read treaties carefully. It's important to choose a reputable international extradition law firm to protect your legal rights, whether you live in the country or are an expat. People should look for lawyers who have successfully defended criminals in other countries, know how international law works, and are good at working with the UAE legal system. They should think about more than just names or rankings. Awatif Mohammed Shoqi Advocates & Legal Consultancy and other Dubai law firms that deal with cross-border criminal cases help people with complicated legal issues that span multiple countries. Early legal advice and a well-thought-out legal plan can have a big effect on extradition cases in the United Arab Emirates. Author: Awatif Al Khouri

What Residents and Expats Need to Know About Crimes Against Honor and Modesty Under UAE Criminal Law One message. A very angry argument. A post on social media sent out of anger. In a lot of countries, these kinds of things could end in apologies or lawsuits. But in the UAE, they can quickly become criminal cases. Crimes against honor and modesty are some of the most misunderstood parts of UAE criminal law for expats, working professionals, business owners, tourists, and families with members from different countries. Most people charged with these crimes never meant to break the law, and every experienced criminal lawyer in the UAE will tell you the same thing. This article clearly and accurately explains what crimes against honor and modesty are under UAE criminal law, why they are important, and how to stay out of serious legal trouble. What are crimes against modesty and honor in the UAE? Crimes against modesty: Indecent or offensive conduct, such as inappropriate physical behaviour, public indecency, sexual harassment, or sharing obscene images, videos, or messages. Crimes against honor: Insults, defamation, abusive language, offensive gestures, or accusations that damage someone’s reputation. These offences often arise from words, actions, or digital communication, not physical violence. They can occur through texts, voice notes, social media posts, emails, or even private chats. Truth is not always a defence; even true statements may be criminal if they harm someone’s honor or dignity. Private communication is not automatically protected if the content is offensive or shared without consent. Defamation or cyberbullying online Important Fact: In the UAE, intent is not always necessary. If they hurt someone's honor or modesty, even "jokes" or emotional reactions can be crimes. Why These Crimes Are More Important in the UAE Respect, privacy, and public morals are very important to the law in the UAE. This is true for both citizens and non-citizens. Fact that is interesting According to statements from the UAE's courts, a lot of criminal complaints involving expats have to do with insults, defamation, or modesty-related behavior, especially through messaging apps. A Real-Life Example Imagine that the UAE is like a shared office space. What you say, post, or do affects everyone around you, and there are strict rules about what you can and can't do. Insult and Defamation: Words Can Be a Crime Many people contact a criminal lawyer in the UAE after being accused of insult or defamation. Under UAE law, an insult can include cursing at someone, even in private, making offensive hand gestures, or making accusations that harm another person’s reputation. It can also involve voice notes, text messages, or WhatsApp communications that contain abusive or offensive language. An important legal point to understand is that, in the UAE, truth is not always a defense. Even a statement that is factually correct may still be considered a criminal offence if it damages a person’s honor or dignity. Cybercrime, or crimes that happen online and on social media A lot of people in the area are shocked to find out that: Messages on WhatsApp Reviews on Google All Instagram stories can be used as evidence in a crime. Fact that is interesting Under the UAE Cybercrime Law, individuals can face legal consequences for insulting or defaming others, or for sharing private content without consent, even in private chats. Advice from a Criminal Lawyer in the UAE: Never share screenshots of private conversations, and never post accusations online or attempt to “defend yourself” publicly during a dispute. Crimes that have to do with sexual harassment and modesty Behaviors that cross personal boundaries are also crimes against modesty. For instance Messages that you don't want with sexual language Unprofessional comments at work, staring, gestures, or being too close to someone that makes them uncomfortable Indecent behavior in public Important Note In the UAE, consent rules are very strict, and the cultural context is very important. Analogy In the UAE, what might seem like casual flirting in other places can be seen as breaking the law, like going through a locked door without permission. A Big Difference Between Public and Private Many expats believe that private conversations are “safe,” but under UAE law this is a dangerous misunderstanding. The truth Private messages can be used as proof in public. You can file a complaint even if only one person saw the message. Courts care more about the effect than the number of people who see it. A criminal lawyer in the UAE often tells clients that privacy does not protect them from being charged with a crime. Punishments for Crimes Against Honor and Modesty Punishments for crimes may include: Penalties Being in jail Deportation for foreigners Criminal records that affect jobs and visas Important Information Some crimes let people make up, but only through the law, not by saying sorry. Common Mistakes Made by Expats and Residents: When to Get a Criminal Lawyer Responding with feelings instead of the law Deleting messages (which can make people more suspicious) Not answering police calls Putting explanations on social media If you say you're sorry, you automatically close cases How to Keep Yourself Safe (Useful Advice) ✔ Wait before sending messages ✔ Don't insult others, even when you disagree ✔ Never share private information ✔ Think of online platforms as public places. In Conclusion Under UAE criminal law, crimes against honor and modesty are not minor issues; they are serious offenses with real consequences. What makes them so hard is that a lot of them come from normal conversations, texting, or cultural differences. People living in the UAE, tourists, expats, and professionals can protect their reputation, freedom, and future by knowing the law, following local customs, and getting advice from a qualified criminal lawyer in the UAE. Author: Awatif Al Khouri

Common Mistakes Non-Muslims Make When Getting Divorced in the UAE (Helpful Advice for Foreign Couples) Divorce is hard no matter where you are, but it's even harder when you're living abroad. Recent changes to the law in the UAE have made things clearer for non-Muslims, but many expats still make mistakes that cost them time, money, and emotional energy. This article talks about the most common mistakes that non-Muslims in the UAE make when they want to get a divorce, why those mistakes are important, and how to avoid them in simple terms. A quick look at the law The Federal Decree Law No. 41 of 2022 in the UAE deals with the civil personal status system for non-Muslims.  Meanwhile, the Abu Dhabi Personal Status Law (Abu Dhabi Law No. 14 of 2021 for non-Muslims) regulates personal status matters for non-Muslims in the emirate. This makes it easier for expats to understand the rules about marriage, divorce, custody, and inheritance. Non-Muslims can also choose to use the laws of their home country for family matters in some cases, but that choice has limits and consequences. Mistake: Thinking that the laws of your home country automatically apply A lot of expats think that the divorce laws in their home country apply to them while they are in the UAE. In fact, Federal Decree-Law No. 41 of 2022 sets up a civil framework for non-Muslims in the UAE. The courts can use UAE civil personal status law unless the parties choose their own law. Not understanding or making a choice on purpose can lead to unexpected results in property division, child custody, and maintenance. Tip: Talk to a UAE family lawyer early on to find out if using your home law or UAE law is better for your case. Be ready to explain why you made that choice. Mistake: Taking too long to decide on jurisdiction Deciding on jurisdiction is very important. Filing first and accurately can lock in the forum that will help make decisions about your money and custody. Some wealthy expatriates choose to move to Abu Dhabi on purpose because its civil family courts are supposed to be private, quick, and specialized. These are all good things for complicated asset cases. Think of jurisdiction as picking the referee for a game. The score will be affected by the rules that the referee enforces, so make sure you choose wisely before the whistle blows. Tip: Talk to your lawyer about where to file and what proof you need (where you live, where you got married, where your property is). Mistake: Not knowing the importance of papers and evidence The UAE courts seek detailed paperwork, like marriage certificates, passports, visas, tenancy or title deeds, bank records, and papers that prove where kids reside and go to school. If you don't have all the records you need or if they're not legitimate (like merely screenshots of accounts or missing marital translations), it could take longer for your hearing and affect your case. Tip: Prepare a folder (both a physical copy and an encrypted digital copy) with certified translations of important papers and proof of income and assets. Mistake: Not considering the effects of residency and visa Visa status is a real concern for expat spouses after a divorce. Divorce can affect residency visas that are linked to a spouse or employer. Each person must plan how they will stay in the UAE legally (if they want to). Make a plan for your immigration before the decision. Tip: To make sure your legal and visa plans are in sync, talk to both your immigration lawyer and your family lawyer at the same time. Mistake: What happens legally when you make public accusations and respond inappropriately on social media People's actions, such as making accusations that could be crimes in the UAE, can change the outcome of criminal proceedings and custody. Don't post too much about the case on social media, and be nice to each other when you talk. Tip: Talk to them in a professional way and follow your lawyer’s recommendations on what to tell the public. Mistake: Not considering mediation and settlement options The law in the UAE for non-Muslims allows for amicable divorce, mediation, and negotiated consent judgments. Settling can be much faster and less expensive than going to court over every issue. If you or your ex-partner move later to the country, the settlement must be carefully written so that it can be enforced in all jurisdictions. Tip: If you're going to mediation, you might want to have a lawyer there. Also, make sure that any settlement is filed with the court so that it is easier to enforce. Mistake: Not getting an independent valuation or financial disclosure Disputes often happen later because assets weren't fully disclosed or were hidden. Get independent appraisals and make sure you know everything before you sign any settlement, whether it's for a business, an offshore account, or a property you both own. Tip: If you have a lot of complicated financial accounts, hire a forensic accountant. It's a good investment that usually saves money in the long run. Mistake: Thinking that "no-fault" means "no consequences" "No-fault" means you don't have to prove wrongdoing to get a divorce. Recent changes have made it possible for non-Muslims to get a no-fault divorce, but courts still look at things like the needs of the children, the length of the marriage, the earning potential of each person, and their contributions when making decisions about money. However, you still need to make a strong case for support, custody, or asset division. Tip: Even if you don't have to go to court, make sure you have a clear plan for your finances and your kids. Facts and information that are quick and interesting. Conclusion The United Arab Emirates’s modern family courts, especially the Abu Dhabi Civil Family Court, make divorce for expats faster and more private, but careful planning—choosing the right law, organizing documents, considering finances and visas, and getting professional advice—is essential to avoid stress and extra costs. Author: Awatif Al Khouri

Introduction Buying real estate in Dubai is a major milestone. To make things official, buyers and sellers use the Dubai Land Department’s standard Property Sales Contract, commonly known as “Form F,” which sets out the terms of the agreement clearly and formally. Transfers typically go smoothly, but occasionally one party must or chooses not to proceed. Having the right legal support in Dubai can really make the whole process easier when you’re buying, selling, or renting a property. Real estate lawyers in the UAE help break down the fine print, guide you through the rules, and look out for your best interests so you can move ahead with confidence and without unnecessary stress. Both buyers and sellers should be aware of their legal rights in the event that a real estate transaction falls through. A property dispute lawyer in Dubai can assist in resolving these circumstances, which may arise for a number of reasons. This article examines the main UAE laws that apply in situations where things don't go as planned, as well as the options available to both parties. Why do property deals fall through There are a lot of things that could go wrong with a deal. A buyer might get scared, or a seller might change their mind because they got a better offer. A lot of the time, people have real-world problems, which is why consulting a reliable real estate lawyer in Dubai can help protect your interests and navigate these challenges smoothly. Financial Issues: The buyer may not be able to convince their bank to approve their most recent mortgage. Issues with clearance: The seller may not be able to obtain a No Objection Certificate (NOC) from the developer or community management, or the seller's bank may take longer than anticipated to send a letter stating they owe nothing. Missed Deadlines: It's possible that some of the contract's strict deadlines won't be fulfilled. What happens to the deposit of 10%? Most of the time, the buyer gives a 10% security deposit when they sign Form F. The broker has this deposit check, but they can't cash it or give it to either party without a written agreement from both parties or a court order. If there is a disagreement and the parties can't agree, the person who is wronged usually has to go to the Dubai Courts to get their deposit back or get paid. The person who has the check must keep it until the court decides who has the right to the money. What happens if you don't pay: Buyer and Seller Form F lists the exact outcomes of defaults: If the Buyer Defaults: If the buyer doesn't finish the transfer on the agreed date because of something they did or didn't do, the seller can end the deal and keep the deposit. If the Seller Defaults: If the seller doesn't finish the transfer, the buyer can get their full deposit back and the seller has to pay them the same amount as compensation, according to the standard terms. The UAE Civil Code says that a contract can usually be ended by both parties agreeing to it, a specific clause in the contract, or a court order. If a case goes to court, the judge will look at the evidence, figure out who is at fault, and then make a decision. Does the Agent's Commission Require Fees? The broker's commission is a frequent issue when a deal goes wrong. In order to recover their professional fees, agents frequently file lawsuits against both the buyer and the seller, claiming that they performed their duties by facilitating the signing of the contract. Dubai Law No. 85 of 2006 about the Real Estate Brokers Register says that a broker can only get paid if the deal goes through. The broker can only charge fees after the condition is met if the contract is based on that condition (like getting a mortgage). But if the deal falls through because one side acted in bad faith or broke the rules, the courts can decide to give the agent their fees based on what the contracts said. For example, some contracts say that the agency will still get paid if both parties agree to cancel the contract, or that the broker will get 20% of the security deposit for administrative costs if one party doesn't pay. In such cases, consulting a skilled property dispute lawyer in Dubai can help clarify your rights and protect your interests in court. The amount of compensation and the court's decision A lot of sellers and buyers who sue for damages use the 10% penalty clause in Form F. But the courts have a lot of freedom to make choices. Article 390 of the UAE Civil Code allows both parties to agree in advance on a fixed compensation amount. If one party requests it, a judge can adjust this amount to match the real harm or loss suffered. If the court finds that losing the full 10% deposit is excessive and does not reflect the actual damages, the judge may reduce the compensation. The court will also consider who was truly at fault and whether the person who failed to pay made a genuine effort to do so. Additional Terms and Conditions The Significance of 'Additional Terms and Conditions' is a document that can change the usual rules in Form F. People often use it to avoid standard terms or to protect themselves from unexpected issues. For example, extra terms might include: Mortgage Clauses: The buyer needs final mortgage approval for the deal to happen. If the bank does not approve the loan, the contract is canceled, and the deposit is returned with no fees. Custom Compensation Splits: If the buyer does not pay, the seller gets 80% of the deposit, and the broker gets 20%. Force Majeure Definitions: These terms explain what 'Acts of God' or events beyond anyone's control mean, such as pandemics, strikes, or government delays. If one of these events happens, the transfer date is moved back automatically or the contract is canceled without penalties. Conclusion If you want to get out of a property contract that has gone bad, you need to think carefully about your legal strategy. If you're a seller trying to get paid for a broken contract or a buyer trying to get your deposit back because your financing fell through, the wording of your Form F and its additional terms will have a big impact on your rights. The best way to protect your money if you are in a real estate dispute is to hire a real estate dispute lawyer in the UAE to help you reach a settlement or represent you in court. Author: Awatif Al Khouri

Real Estate Market in Dubai is one of the most attractive sector, an investment hub for investors and also for people planning to relocate. To maintain a sense of order and equity in this vibrant market, the Emirate has put in place a robust legal structure governing the interactions between landlords and tenants. This relationship is primarily anchored in Dubai Law No. 26 of 2007, as amended by Dubai Law No. 33 of 2008 (the "Tenancy Law"), and is supported by Dubai Decree No. 26 of 2013, which provides the mechanism for dispute resolution under Dubai tenancy regulations. Understanding the rules that protect both landlords and tenants is important. The article below is a breakdown of the landlord-tenant relationship to help navigate when disputes arise. I. The Basis of the Relationship: Transfer and Maintenance In most cases, landlords must handle major repairs and keep the building safe, unless both parties have a different written agreement under Dubai tenancy law. If a landlord doesn't fix these problems in a reasonable amount of time, tenants can tell the authorities about the problem or take legal action, like filing a rental dispute Dubai claim. The law also protects tenants from being treated badly. For example, Article 34 says that landlords can't turn off basic services like water, electricity, or air conditioning, no matter what the disagreement is about. This strengthens tenant rights in Dubai. Maintenance Responsibilities: One of the most common points of contention in Dubai is the responsibility for repairs. Article 16 clarifies that the landlord is responsible for the maintenance and repair of any "defects or faults" that affect the tenant's intended use of the property throughout the duration of the lease. This includes significant issues such as: Problems like faulty plumbing and leaks Electrical malfunctions can also be an issue. Structural flaws in the building that affect safety Many contracts have a "minor maintenance" clause, which means tenants pay for small repairs under a certain amount, like AED 500. Unless both parties agree in writing, the responsibility of major repairs usually lies with the landlord, reflecting standard Dubai rental law guide practices. These problems need to be fixed within a reasonable time by the landlord; if not, the tenant can report the issue to the authorities or take legal action. It provides protection to the tenants from unfair landlord behavior and strengthens tenant rights in Dubai. II. Eviction Process and Tenant Protection Eviction is a sensitive area of the law, and Dubai provides definitive rules to prevent arbitrary displacement under Dubai tenancy law. Tenants have a "Right to Renewal" if they have fulfilled their contractual obligations, which means a landlord can't refuse to renew a lease without a valid, legally recognized reason, an important aspect of tenant rights in Dubai. Article 25(1) states that a landlord can only request eviction before the contract ends under specific circumstances Unauthorized Subletting: Renting out the property to someone else without getting written approval from the landlord. Illegal Use: Using the property in ways that go against public order or accepted moral standards. Damage and Endangerment: Making changes that could risk the property’s safety, or causing damage either on purpose or by being careless. Breach of Contract: Failing to follow any part of the lease within 30 days after being asked to correct the problem. Commercial Abandonment: For business premises, leaving the property unoccupied for 30 consecutive or 90 non-consecutive days in a single year. These provisions balance landlord rights in Dubai with tenant protections. Eviction Upon Expiry (12-Month Notice): If a landlord wants to reclaim the property for reasons other than the tenant breaking the lease, Article 25(2) requires a strict notice period under Dubai landlord-tenant law. Acceptable reasons include: Demolition or Reconstruction: Required by urban development or chosen by the owner with the right permits. Major Maintenance: This applies when repairs or upgrades cannot be completed while the tenant is living in the property, and a technical report confirms this. Personal Use: The owner can end the tenancy if they want to live in the property or have a close family member move in, as long as they show they do not have another suitable place to live. Sale of the Property: The owner can end the tenancy if they plan to sell the property. The landlord must give the tenant at least 12 months' notice in these situations. For this notice to be legally binding in Dubai, it must be sent by a Notary Public or registered mail, which is very important under Dubai tenancy regulations.. III. Dispute Resolution: The Role of the RDSC When a relationship breaks down, whether due to "apartment malfunctions" or "unjust eviction," the Rental Disputes Settlement Center (RDSC) serves as the specialized judicial forum for the resolution of any rental dispute or landlord-tenant dispute in Dubai. Established by Dubai Decree No. 26/2013, the RDSC was created to provide a "simple and expeditious mechanism" for settling rental conflicts in Dubai and its free zones under Dubai rental law guide principles. The Process of Resolution: The RDSC is designed to favor mediation over litigation initially. The Arbitration and Reconciliation Department was established according to Article 10 of the law. It facilitates settlement through mediation and documents the settlement through a binding contract, and if the settlement fails, it proceeds to the judge for a formal ruling. If the RDSC determines that an eviction was wrongful, for example, if the tenant was evicted by the landlord for personal use but then immediately re-leased the property to a new tenant, the former tenant may be entitled to compensation for the moving costs, the difference in rent for a new property, and also for inconvenience, further reinforcing tenant rights in Dubai. IV. Practical Advice for Landlords and Tenants To keep a good working relationship and avoid a landlord-tenant dispute in Dubai, the RDSC, both landlords and tenants can follow these practical tips under the Dubai landlord-tenant law guide:: Keep Good Records: Landlords should keep proof for any reason they might need to evict a tenant. Tenants should save copies of maintenance requests and rent payments. Register with Ejari: In Dubai, it is required by law to register every tenancy contract through the Ejari system as part of Dubai tenancy regulations. Formal Correspondence: Do not rely only on instant messaging for important notices. For eviction notices, use a Notary Public to ensure they meet the requirements of Article 25. Access to Property: Tenants in Dubai have the right to remain in their home and keep all the benefits of their lease until the eviction process is finished, according to the tenant rights in Dubai. Conclusion In Dubai, landlords and tenants are required to obey the law. The restrictions are there to protect landlords' money and make sure they can get their property back when they need to, as long as they follow the Dubai tenancy law. The legislation also performs a superb job of preventing renters from being kicked out unfairly and from living in substandard conditions. So, both sides need to be well familiar with Dubai Law No. 26 of 2007. The Rental Dispute Settlement Center (RDSC) is where landlords and tenants may go to settle any issues. This makes the real estate market in Dubai work more smoothly, clearly, and confidently. Author: Awatif Al Khouri  

Introduction Rental disagreements are more common in Dubai than many people realize. With thousands of new tenancy agreements signed each year, most go smoothly, but issues still arise at the time of the lease. A landlord may increase rent without prior informing the tenant, and the landlord may face delayed rent payments or issues with damage to the property. Other common issues include eviction notices, maintenance responsibilities, or getting the security deposit back at the end of the lease. If these problems get worse, it often helps to talk to a landlord-tenant lawyer in Dubai. A lawyer can look over the tenancy agreement, review the communication between both sides, and explain how UAE tenancy laws apply to your case. For many residents, especially expatriates, the legal process can be confusing. Learning the basics of tenancy law is the first step. The Legal Framework Governing Tenancy in Dubai Landlord and tenant relationships in Dubai are primarily subject to Law No. 26 of 2007, later amended by Law No. 33 of 2008. Legal responsibilities of both the landlord and the tenants during the tenancy period are mentioned and explained under this law. The legislation addresses several key issues, including: procedures for raising the rent Rules for giving an eviction notice How to renew a tenancy agreement maintenance responsibilities Responsibilities for the security deposit If a dispute comes up and the parties cannot settle it on their own, the case can be taken to the Rental Disputes Settlement Centre (RDC). This tribunal is part of the Dubai Land Department and handles tenancy disputes. The RDC process often takes less time than going to court. However, you still need to have the correct documents and follow the required legal steps. Having an experienced landlord-tenant lawyer in Dubai can really help here. Situations That Commonly Lead to Tenancy Disputes Many tenancy disputes in the UAE start with everyday situations. A small disagreement can quickly turn into a formal dispute if the landlord and tenant see the contract differently. Some of the most common disputes include: Eviction notices Eviction is allowed in some cases, but there are strict rules. For example, if a landlord wants to evict for personal use or to sell the property, they usually need to give 12 months’ written notice through a notary public or by registered mail. Rent increase disputes Dubai’s rental rules set limits on when and how rent can go up. Most of the time, landlords have to give at least 90 days’ notice before renewing the lease. Unpaid rent If rent is not paid, landlords can start legal action through the RDC after giving the right notice. Security deposit disagreements Disagreements often happen when tenants move out, and money is taken from their deposit. Responsibilities regarding repairs and maintenance Often arguments arise between landlords and tenants over who bears the expenses for repairs, especially if these details are not mentioned in the tenancy agreements. A landlord-tenant lawyer in Dubai can help when such issues arise, leading to a solution or guidance according to UAE law. Why Many People Seek Legal Advice Early Landlords and tenants can represent themselves at the Rental Disputes Settlement Centre, but many people prefer to talk to a lawyer before starting. Usually, legal advice starts with a simple review of documents. These might include: the tenancy contract Ejari registration certificate payment records emails or written communication between the parties eviction notices or rent increase notices These documents often reveal where the issue began. For instance, a rent increase may not have included the correct notice period, or an eviction notice may not have followed the proper legal process. Lawyers who handle property disputes often see the same issues. Many conflicts happen just because one side is not sure about the legal rules in Dubai’s tenancy law. In tenancy disputes in the UAE, lawyers like Mrs. Awatif Al Khouri, who have experience with civil and commercial cases in the UAE, usually start by reviewing the tenancy agreement and related documents. Often, once everyone understands the legal position, both sides can settle without a long court process. Formal proceedings at the Rental Disputes Settlement Centre may be needed if negotiations between parties do not work out. Filing a Case Before the Rental Disputes Settlement Centre Either side can file a claim with the RDC if a tenancy dispute cannot be settled by negotiations. Below are a few simple steps to follow: Preparing the tenancy contract and Ejari certificate. Submitting identification documents and supporting evidence. Filing the case through the RDC system or through the Dubai REST application. Paying the required filing fee. Attending hearings scheduled by the tribunal. The RDC makes a decision, and these decisions are legally binding and can be enforced by the authorities. Practical Steps That Help Avoid Tenancy Disputes While there are legal solutions, it is always better to prevent disputes. Taking a few simple steps can make a big difference. Ensure the tenancy contract is properly registered with Ejari. Keep written records of important communication. Follow the correct legal procedure when issuing rent increases or eviction notices. Address maintenance concerns early and document them in writing. Seek legal advice before taking major legal action. Conclusion Dubai’s rental market is always changing, and disagreements between landlords and tenants can still happen even with clear contracts and rules. Knowing how tenancy law works in the UAE helps both sides protect their rights and avoid conflict. If a dispute does happen, talking to a landlord-tenant lawyer in Dubai can make your legal options clear. Experienced lawyers, like Mrs. Awatif Al Khouri, often help clients by reviewing tenancy agreements, settling disputes through negotiation, and representing them at the Rental Disputes Settlement Centre if needed. Getting legal advice early often leads to a quicker and more practical solution for both landlords and tenants. Author: Awatif Al Khouri

Introduction An INTERPOL Red Notice is a vital component of the international alert system, functioning as an official communication to law enforcement agencies worldwide, requesting the location and provisional detention of a specified individual. A critical distinction is that a Red Notice does not constitute an international arrest warrant. Instead, it acts as an international alert based on a domestic arrest warrant or a court order originating from the judicial authorities of the member country that submitted the request. While INTERPOL facilitates the dissemination of this information, it lacks the authority to compel any nation to act, consequently, each member nation independently assesses the legal implications of the notice and its own jurisdiction to effect an arrest, in accordance with its domestic legal framework. This system's main goal is to prevent criminals from escaping justice by fleeing to other jurisdictions. The Red Notice is issued on i-24/7 network, notifying all 196 member countries of the wanted fugitive and the details. This system enables fugitives to be brought to justice even when a significant amount of time has passed since the original crime. The notice contains two primary types of information, i.e., identifying Information (including name, date of birth, nationality, physical description ) and crime details. The Legal Framework: INTERPOL’s Constitution The Constitution of INTERPOL sets up a legal framework for the organization's activities that establishes a balance between effective global policing and the protection of fundamental rights. Article 2 of the INTERPOL Constitution states that the primary objective of the organization is to make sure and encourage the possible mutual assistance between all criminal police authorities. This principle of cooperation is subject to two essential restrictions, that the activities must remain within the limits of the laws existing in the various member countries, and all actions must be conducted in the "spirit of the Universal Declaration of Human Rights (UDHR)" without infringing upon civil and political rights. In contrast to Article 2, which specifies INTERPOL's mandate, Article 3 exclusively prohibits it from engaging in certain activities. It prohibits the organization from undertaking any intervention or activities of a ‘political, military, religious, or racial character.’ Red Notice Publication 1. The Request from NCBs and Tribunals The first step is a formal request, which a member country's National Central Bureau (NCB) or an authorized international tribunal must send to the General Secretariat. 2. The Review The Notices and Diffusions Task Force (NDTF) does a formal Review once a request is received from any member state. NDTF ensures the data aligns with the Rules on the Processing of Data (RPD) and the fundamental principles of INTERPOL’s Constitution.  This assessment examines the identification and court records of the accused and also analyzes whether any violations of human rights were involved. 3. The Decision The NDTF either authorizes or denies the publication of the notice. Authorized Red Notices are published by the General Secretariat and distributed simultaneously to all member countries, becoming searchable in INTERPOL's global databases Consequences of a Red Notice An INTERPOL Red Notice has both global and national effects. The Red Notice is a global notification that simultaneously notifies law enforcement authorities in all 196 member countries about a sought fugitive, thereby ensuring immediate international visibility. This collective notification prevents criminals from easily evading justice by moving to other jurisdictions. The notice is an official request for police all across the world to find and arrest someone temporarily. This action is intended to secure the individual while awaiting further legal steps, such as extradition, surrender, or similar judicial actions. Despite its international reach, INTERPOL cannot compel law enforcement in any country to perform an arrest. Prohibited Offences and Exclusions INTERPOL strictly limits the issuance of Red Notices to serious ordinary-law crimes, explicitly excluding specific categories of offences to maintain its legal integrity and neutrality. The first group of exclusions pertains to behavioural and cultural norms that may be viewed as controversial among different nations, such as prostitution, the possession of drugs for personal consumption, or offences related to the damaging of honour. The organization also bars alerts for family and private matters, including adultery, bigamy or polygamy, and instances involving a failure to pay child support or alimony. Furthermore, Red Notices are generally prohibited for administrative violations and private disputes, such as traffic offences, defamation, and the issuance of unfunded checks, unless the activity is clearly intended to facilitate a serious crime or is suspected of being connected to organized criminal networks. Conclusion Receiving a Red Notice is not the final word. Articles 2 and 3 of INTERPOL's Constitution set strong rules for how the organization operates. These rules safeguard people from persecution and infringements on their human rights. INTERPOL is a unique platform for international police collaboration that helps its member countries to prevent and combat crime. The Repository of Practice (recently updated in November 2024) is an important assurance that INTERPOL is fair and transparent in assessing requests for international cooperation.  The Repository shows how the organization's knowledge and use of its basic legal concepts have changed throughout time. INTERPOL has a strong way to balance the needs of global security with the protection of basic individual rights. Author: Awatif Al Khouri

A criminal lawyer in the UAE gives practical advice on what not to do when facing criminal charges. When you are charged with a crime in the UAE, it can be very scary, especially for expats, business owners, tourists, and families with people from different countries. In the UAE, many crimes that might not be taken seriously in other places are not tolerated at all. A small misunderstanding, an emotional response, or bad advice can quickly lead to big legal problems. From the point of view of a criminal lawyer in the UAE, this article talks about the most common and expensive mistakes people make when they are charged with a crime in the UAE and how to avoid them. This guide is made for expats, working professionals, investors, tourists, and people who have lived in the area for a long time. It uses simple language, real-life examples, and helpful tips. Why UAE Criminal Law Is Different (Important Background) Before talking about mistakes, it's important to know one thing: The Federal Decree Law 31/2021 promulgating the Crimes and Penalties Law, the Federal Decree Law 34/2021 combatting rumors & cybercrimes, Sharia principles, and other rules about public order make up UAE criminal law. Not knowing the law is not a defense Some things you do, like making rude comments online, bouncing checks, or saying mean things, are against the law. Police reports can stop you from traveling right away. The UAE government says that thousands of criminal complaints each year involve expatriates. This is usually because they don't know the law, not because they want to commit a crime. Mistake 1: Speaking with the police without a criminal lawyer in the UAE A lot of people think that being "honest and cooperative" will help them. It's important to work together, but talking without a lawyer can affect your case a lot. An Example from Real Life It's like signing a business contract without reading the fine print. By the time you realize you made a mistake, it's already too late. Why Is This Dangerous? Statements are written down and can be used as proof. Misunderstandings can happen when people speak different languages.Emotional explanations may seem like confessions. Advice Always ask to talk to a criminal lawyer in the UAE before you give a full statement. Mistake #2: Thinking that laws from other countries apply in the UAE People who move to Dubai or Abu Dhabi often think that what is legal in their home country is also legal here. This is a risky assumption. Common Examples Verbal insults or gestures are against the law. Complaints on social media = cybercrime Drinking alcohol in places that aren't licensed is a crime. A fact that is interesting The UAE Cybercrime Law says that online defamation can get you fines and jail time, even if you post it on private messaging apps. Advice Always look at your situation through UAE law, not the law of your home country. Mistake #3: Not paying attention to police notices, calls, or summons Some people don't answer police calls right away because they're scared. This often makes things worse. Why This Doesn't Work Not showing up can lead to arrest warrants. There may be travel bans without warning. Your case moves forward without you having to do anything. If the police contact you, get in touch with a criminal lawyer in the UAE right away and respond through the right legal channels. Mistake #4: Trying to "settle" criminal cases on your own Some people try to settle business or personal problems informally, especially when it comes to bounced checks or disagreements with partners. Check Your Reality The state, not individuals, brings criminal cases to court. Private settlements don't automatically close criminal cases. Settlements that aren't done right can lead to new crimes. For instance If you pay money to "withdraw" a police case without any legal paperwork, the case may still be open. Advice Always make settlements official through a criminal lawyer in the UAE and the courts. Mistake #5: Putting the Case on Social Media It might feel good to tell your side of the story online, but it's not safe from a legal point of view. Why This Is Important Cases that are still going on are private Accusations made in public may be considered defamation. Authorities keep an eye on digital platforms Facts Under UAE law, it's a crime to share screenshots or voice notes without permission, even if they're true. Advice Don't talk to anyone online; let your criminal lawyer in the UAE do it for you. Mistake #6: Not taking travel bans seriously. A lot of expats only find out about a travel ban at the airport. How Do Travel Bans Happen? Filed a criminal complaint An investigation by the police has begun. Registered court case Advice A criminal lawyer in the UAE can look into your legal status and, if it's possible, ask for the travel ban to be lifted. Mistake #7: Not Hiring a Criminal Lawyer Not all lawyers work on criminal cases all the time. To understand UAE criminal law, you need to know how things work there. What to Look For? Experience with criminal courts in the UAE Knowledge of how the Public Prosecution works Ability to communicate in more than one language Conclusion Being charged with a crime in the UAE is serious, but most of the damage is done by mistakes that could have been avoided. If you talk to someone without legal advice, think that foreign laws apply, ignore official notices, or choose the wrong lawyer, you could turn a small problem into a big one that changes your life. Expats, professionals, investors, and tourists can protect their freedom, reputation, and future in the UAE by getting help from a qualified criminal lawyer in the UAE early, staying informed, and following the law. Being aware is not only protection; it's also power. Author: Awatif Al Khouri

Introduction It can be scary to deal with a criminal case in the UAE, especially if you don't know much about the country's legal system. The criminal process has strict rules that are very different from those in many other countries. These rules cover everything from police investigations and public prosecution procedures to court hearings and possible punishments. A criminal lawyer is very important because they help people through this process, protect their legal rights, and make sure that the law is applied fairly at every step. This blog talks about what a criminal lawyer in the UAE does, when you need their help, and why getting legal advice in accordance with the Federal Decree Law No. 38/2022. In the UAE, crimes range from small traffic violations to white-collar crimes, cybercrime, assault, theft, and drug-related crimes. In the UAE, aspects of both civil law and Sharia law can apply to personal and criminal cases, and this combination can influence how investigations are conducted and how matters are decided in court. What a criminal lawyer does—main tasks 1) Getting help and advice from a lawyer Criminal lawyers in the UAE can explain your rights to you, help you understand the charges against you, and suggest ways to fight them. 2) Being there for investigations and arrests A criminal lawyer can be with you when the police question you to make sure that everything is done correctly and that your rights are protected. They tell you what to say and what forms to fill out. 3) Being represented in court Criminal lawyers help their clients with things like making deals to plead guilty, going to preliminary hearings, and going to court for trials. 4) Talking things over and reaching an agreement You don't have to go to court for a lot of small things, like getting a traffic ticket, having a fight at work, or getting into an argument online. A lawyer talks to the police to get good results without having to go to court for a long time. 5) Representation in appeals and after the trial If the court finds you guilty, criminal lawyers can help you with appeals, getting your sentence reduced, or getting a pardon. Their role goes beyond courtroom representation, as they also safeguard your legal rights over the long term. When expats really need a lawyer who specializes in criminal law 1) Arrest for a crime they are accused of Getting arrested, even for small crimes, can be stressful and hard to understand. A lawyer makes sure you know your rights, gives you advice on bail, and helps you not make mistakes that could make things worse. 2) Claims of cybercrime The UAE has strict laws against cybercrime, so expats can be charged with a crime for anything they say, post, or leak online. 3) Arguments about money or jobs that require a lot of work Fraud, embezzlement, or not paying debts in business can all lead to criminal cases. Lawyers help you deal with evidence, protect your property, and make deals. 4) Drug- and alcohol-related crimes It is against the law to have or use drugs that are illegal. Even small amounts can get you in trouble with the law. It's important to have a lawyer to lessen the effects. 5) Assault and traffic violations You could be charged with a crime if you drive while drunk, get into an accident, or get into a fight. Lawyers make sure that the defense is done correctly and work with the police and insurance companies when they need to. Easy ways to talk about what a criminal lawyer does If you don't have a lawyer, you could lose time, money, or freedom if you make a mistake. A lawyer is like a map, a translator, and a guide all in one. They make sure you get to the right station quickly and safely. Negotiation or settlement is like getting a third party to help you work out a disagreement before it turns into a fight that costs a lot of money. Helpful tips for expats living in the UAE Know your rights, such as the right to remain silent, the right to an attorney, and the right to appeal. Write down everything, such as police reports, witness statements, contracts, and medical records. These can be very important pieces of evidence. As soon as you can, hire a lawyer. The sooner you do it, the better your chances of getting good results. Don't speak for yourself; even small mistakes can make things worse under UAE criminal law. Learn about the UAE's laws and customs. In some countries, things that aren't a big deal, like drinking too much or publicly criticizing someone, can be crimes. Conclusion Expatriates who don't know much about the UAE legal system need criminal lawyers. They help clients through the legal process, protect their rights, and work toward the best possible outcome by negotiating or appealing. This helps reduce stress, keep costs down, and make sure clients are properly represented in tough situations. Author: Awatif Al Khouri

Introduction The recent heavy rain and storm conditions seen across the UAE have led to a lot of discussion about insurance coverage and who is legally responsible when property or vehicles are damaged. These events have also shown that insurance disputes are rarely decided by policy wording alone, especially when it is storm damage in the UAE.   Under UAE law, the position is seen from different perspectives. The first is the insurance policy itself, including what it covers and what it excludes. The second is the wider legal framework under the Federal Decree Law No. 5/1985, UAE Civil Transactions Law. In practice, both matter. A claim may appear straightforward on paper, but liability often turns on how the facts, the policy terms, and the Civil Code work together. The Federal Decree Law No. 25/2025, promulgating the Civil Transactions Law, will replace the Federal Decree Law No. 5/1985 on the Civil Transactions Law of the United Arab Emirates State on 1st June 2026.   Legal Framework for Insurance Contracts The legal basis for insurance contracts is found in Article 1026 of the Civil Code. This article says that an insurance contract is an agreement in which the insurer agrees to pay the insured a certain amount of money when a certain risk happens, in return for a premium.   From a legal perspective, a few basic principles shape how these contracts are understood.   First, the policy wording remains the starting point. The scope of cover depends mainly on the terms agreed between the parties, including the insured risks, limits, conditions, and exclusions. Second, courts in the UAE don't just read contracts as they are. They also think about how risky the situation is, what the contract is for, and what both sides thought the policy would cover. Third, the burden of proof is shared in a practical way. The insured must show that the loss falls within the policy cover. If the insurer wishes to reject the claim on the basis of an exclusion, it must establish that claim.   In cases involving rain, storms, or flooding, the answer will usually depend on the type of policy in place. Damage of this kind may fall within comprehensive cover unless the policy clearly removes that risk through a specific exclusion, such as a natural disaster clause or a consequential loss exclusion.   Force Majeure and the Idea of External Cause A key issue in claims related to weather events is whether the event can legally be considered a force majeure, or an external cause that removes liability.       Relevant Civil Code Provisions Article 287 of the Civil Code provides that a person will not be liable for loss if the damage arose from an external cause beyond that person’s control, such as force majeure, a natural event, or the act of a third party. Article 273 deals with the effect of force majeure on contractual obligations. Where performance becomes impossible because of force majeure, the corresponding obligation comes to an end, and the contract may be terminated.   Causation and the Court’s Approach   Although these provisions appear broad, UAE courts do not apply them lightly. For force majeure to relieve a party from liability, the event must be the only real cause of the damage. In other words, it must be the sole, direct, and effective cause.   The argument for force majeure is weakened when damage results from a combination of bad weather and human mistakes. These mistakes can include poor maintenance, delays, carelessness, or a lack of proper safety measures. The same principle applies when the damage could have been reasonably avoided or lessened. Even if the weather was severe, a party may still face liability if the loss was increased by something that should have been anticipated or addressed earlier.   Motor Insurance: Third-Party Liability and Comprehensive Cover For vehicle-related claims, the distinction between third-party liability insurance and comprehensive insurance is essential. Under the UAE regulatory framework, including the Unified Motor Vehicle Insurance Policy, not all rain or flood damage is treated in the same way.   Mandatory third-party liability insurance only covers damage caused to others. It does not cover damage to the insured’s own vehicle. So if a car is damaged by floodwater, a third-party policy will generally not respond. Comprehensive insurance offers wider protection. Depending on the policy wording, it may cover accidental damage caused by rain, storms, or flooding. Even then, the final position still depends on the exact terms of the contract.   Some policies exclude large-scale natural events, catastrophic incidents, or acts of God. There has also been regulatory guidance indicating that rain damage may be covered under standard policies in many cases. However, where authorities formally classify an event as a natural disaster, insurers may rely more heavily on the wording of exclusions, which can affect the outcome of claims.   Property Damage: Building Structure and Contents In property-related disputes, it is also necessary to separate structural damage from damage to personal belongings or movable assets.   The landlord is responsible for the damage to the structure of the buildings involving the roof, walls, foundation, and other essential parts of the building. They are mostly covered by the building’s insurance. The movable property usually owned by the tenant, whether for personal or business purposes, is typically covered by a separate insurance policy.   It's crucial to know the distinction between these two things. Most of the time, insurance just covers the outside of the structure. You need different insurance for your personal and company property. To hold the landlord responsible for damage to movable property, a renter must show that the weather did not cause the loss completely. They need to show that it was caused by a structural collapse that happened before or by the owner's carelessness.   Negligence, Contributory Fault, and Loss of Cover   Even where the starting point appears to favor the insured, recovery may still be refused or reduced if the insured person’s own conduct contributed to the damage. The court's concern is to figure out whether the loss was entirely due to the insured event or if the claimant's actions played a role in the outcome   For instance, think about a time when someone drove into a flooded area even though it was clear that it was dangerous and they were warned. The insurance company might say that the driver was careless in this case, which means that the claim isn't covered.   Another example is when a vehicle, already exposed to water, is started by the owner, which then causes more serious internal damage. In that case, the original water ingress may be one issue, but the later engine damage may be treated differently because it resulted from avoidable conduct.   The same reasoning can apply where reasonable precautions were not taken. If a person leaves a car in a place known to flood, even though they could have parked it elsewhere, this could be used to argue that the insured person contributed to the damage.   Claim Denials and Legal Remedies   If an insurer denies a claim, the policyholder isn't necessarily out of help.   The first step usually involves filing a complaint with the relevant regulatory body. This action can then initiate a formal review of the insurer's position, which might lead to mediation or administrative advice.   If the issue isn't settled, you can go to court. At this point, the court usually looks at the policy's coverage, the facts of the case, the reason for the loss, and any witness that is needed to explain the technical issues. Expert opinions are often very important in insurance disputes about weather-related damage. This is especially true when there are disagreements about the cause of the damage, specifically whether other factors played a role or if the weather was the only cause. Conclusion In the United Arab Emirates, determining insurance liability for natural disasters involves several factors. While the insurance policy's wording is important, the Civil Code's rules about causation, external causes, and contractual obligations also play a significant role. The insured's actions are also important, especially if the facts show that the loss could have been avoided or lessened. For that reason, claims involving rain, floods, or storms need careful legal and factual review. The outcome will usually depend on the exact policy terms, the type of insurance involved, the cause of the damage, and whether any negligence played a part. As these issues arise more often, court decisions will continue to shape how insurance responsibility is understood in the UAE. Author: Awatif Al Khouri

Introduction The legislative framework in the UAE that regulates family and personal status matters has undergone a substantial transformation, transitioning to a more sophisticated and inclusive system. This transformation is anchored by the enactment of Federal Decree Law No. 41 of 2024, that abrogates and replaces Federal Law No. 28 of 2005. This modernization initiative is intended to meet the requirements of the UAE's notably diverse population and making sure it follows international standards. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, which provides non-Muslims with a civil path, and the pioneering Abu Dhabi Law No. 14 of 2021, which provides a progressive and flexible judicial system that is specifically tailored to the foreigner’s culture and customs, are all examples of specialized laws. These laws collectively make the UAE a globally competitive destination. Choice of Law under the Personal Status Law (Federal Decree-Law 41 of 2024) The 2024 enactment is the main set of rules for personal status issues in the UAE when either or both parties are Muslim. While it functions as the default law for many residents, the law provides a sophisticated "opt-out" mechanism for the nation’s large expatriate community. As per Article 1(3), non-nationals are legally entitled to insist on the application of their "own law" or any other "law agreed upon for application," provided that this choice is permissible under the state's applicable law. This ensures that the UAE’s diverse population can maintain legal continuity with their home countries. Both the new law (2024) and the previous law (Federal Law 28 of 2005), provide frameworks that give a pathway for expatriates to opt out of the UAE’s default personal status provisions. The new law explicitly introduces the concept of mutual agreement on a specific law, whereas the old law focused more narrowly on the ‘law of their country’ (nationality). However, the new law adds a critical caveat, i.e., such an application must be "permitted by the applicable legislation in the State". The rules governing which court hears a case remain largely consistent, focusing on the defendant's physical presence in the UAE. The old law under Article 5 says that the UAE courts had jurisdiction over personal status litigation if the alien defendant had domicile, residence, or place of business in the State. This is mirrored in the new law under Article 3(1), which grants State courts competence over lawsuits brought against foreigners who have a domicile, place of residence, or place of work in the State. Both laws allow UAE courts to hear cases against foreigners who do not reside in the UAE if the lawsuit concerns an opposition to a marriage to be contracted in the UAE or/ the dissolution of a marriage where the wife resides in the UAE and the husband has abandoned her or been deported or/ alimony claims for parents, wives, or minors residing in the UAE. Furthermore, the law allows a foreigner through specialized inheritance provisions, to ensure their will is executed according to the laws of their home country rather than the default UAE provisions, granting foreigners the explicit right to register a Will to dispose of their assets located within the State. The inheritance provisions allows to use their home country law if explicitly requested or a will registered according to those standards. Together, these rules bring the federal framework in line with international standards for legal planning and respect for religion. Choice of Law under the Civil Personal Status Law (Federal Decree-Law 41 of 2022) The 2022 law on Civil Personal Status provides a specialized civil pathway at the federal level specifically for non-Muslim UAE citizens and non-Muslim foreigners residing in the State. Party autonomy is prioritized by this legislation, which permits individuals to determine the legal framework that regulates their family affairs. Article 1(1) says that both sides can insist on their own country's laws about marriage, divorce, inheritance, wills, and establishing parentage. Article 1(2) also gives parties more options by permitting them to mutually agree to apply other personal status laws currently in effect in the UAE instead of this specific Decree-Law. While heirs can typically seek the application of their home country’s inheritance laws, Article 11 (3) stipulates that they cannot do so if there is a registered will to the contrary. If a foreigner dies without a will, the law provides a default civil distribution, one half of the inheritance is allocated to the spouse, while the remaining half is shared equally among children without gender discrimination. However, a registered will allows a foreigner to completely bypass these default rules. Law No. 14 of 2021 On the Civil Marriage The Law No. 14 of 2021 On Civil Marriage and Its Effects (as amended) in Abu Dhabi provides a specialized legal framework designed specifically for non-Muslim foreigners and nationals. This law addresses the complexity of the expatriate experience by offering a "flexible and developed judicial mechanism" that respects international practices and the cultural backgrounds of its diverse population. Article 11 deals with inheritance flexibility. While the default distribution under this law splits an estate equally between a spouse and children, with no gender distinction, Article 11(3) allows heirs to request the application of a different law especially home country law, provided there is no registered will stating otherwise. Article 13(2) allows spouses to register their wills simultaneously with their marriage contract which helps them decide how to divide their money in the future. Article 17 provides for the creation of a dedicated Personal Status Court that offers all procedures in both English and Arabic reducing the language barrier for expatriates. Conclusion Through its comprehensive structure, the UAE continues to strengthen its position as a competitive international business hub.  It also makes the country more appealing to international talent through specialized judicial mechanisms. This system offers broad federal flexibility under Federal Decree-Law No. 41 of 2024 and Federal Decree-Law No. 41 of 2022, which allows non-nationals to have their personal status matters governed by the laws of their home country. Abu Dhabi Law No. 14 of 2021 also included innovative civil safeguards that create a more advanced legal system that respects the culture and customs of foreigners by applying internationally recognized civil principles to them. Central to these reforms is the guarantee of equal rights and responsibilities for men and women, specifically concerning testimony, equal inheritance distribution, and other rights. Through this refined multi-tiered approach, the UAE provides a stable, modern, and predictable legal environment for its diverse population. Author: Awatif Al Khouri

Introduction The UAE’s legal landscape for personal status law is going through a considerable transformation with the passage of Federal Decree Law No. 41 of 2024, which took effect on 15 April 2025, superseding the previous Federal Decree Law No. 28 of 2005 and introducing substantial changes to child custody, among other areas. The traditional gender-based custody responsibilities are thus shifted with a system focused on parental equality and the best interests of the child. The Personal Status Law is fundamentally based on traditional Sharia principles; however, the recent amendments take into account changing societal norms. Unification of Custodial Age The most significant shift is the consolidation and expansion of the age at which custody ends, eliminating the prior gender-based discrimination, as clearly stipulated by Article 123(1). Under the old law, Article 156(1) provides that the mother’s right to custody ends when a boy reaches 11 years of age and a girl reaches 13 years of age. Custody and guardianship of a child are two different concepts under the law. Custody refers to the "care, upbringing, and protection of the child" and to a child's daily needs. However, guardianship means general supervision over the minor’s personal and legal affairs, together with the care of the minor’s property without affecting the custodian's rights. Hence, guardianship is divided into guardianship over the minor and guardianship over the minor's property. Generally, custody is the responsibility of the parents as long as the marriage is intact, however, if the marriage ends, custody first belongs to the mother, then to the father, then to the maternal grandmother, and then to the paternal grandmother. However, the court may deviate from this order in the child’s best interests. The new legislation provides a uniform limit for all children, thereby providing stability for children throughout their minority period. In addition, the new law introduces a provision granting a child autonomy at 15, meaning a child has the right to choose which parent to live with. Article 122 is a major procedural update as compared to the previous legislation. Upon reaching 15 years of age, a child now has the legal right to choose which parent to reside with. However, the court's decision serves as the final authority, ensuring it corresponds with the child's best interests. The court will respect the choice made by the child unless the court determines that the child’s best interest requires a different arrangement. Expanded Rights for Non-Muslim Mothers The religion of the custodian was a strict barrier to long-term custody of the child. Article 145 of the old law mandated that if a mother followed a different religion from that of the child, particularly in cases involving a non-Muslim mother, her custodial rights were limited until the child attained the age of five. The court maintained limited jurisdiction to grant exceptions, but this discretion was significantly restricted by the established age threshold, which mandated that the period of fosterage ends upon the child's reaching the age of five, regardless of the child’s best interests. The removal of the age cutoff can be seen in the new law. Article 113(8) requires a custodian to share the child’s religion but provides a specific exception: if the mother follows a different religion (Non-Muslim), the court may decide to maintain custody if it is in the child's best interests, under conditions determined by the court. In contrast to earlier frameworks, there is no stipulation for the compulsory termination of custody at the age of five, potentially allowing non-Muslims to maintain custody until the child reaches 18. Promotion of Parental Equality The new legislation signifies advancements in parental equality. A major shift is the distribution of educational responsibilities between the parents. While the father or legal guardian often maintains primary responsibility over the child's upbringing and discipline, Article 112(3) stipulates that the custodial mother acts as the educational guardian, thereby granting her authority over school management. This confers upon her the legal ability to manage school-related affairs, including enrollment and academic decisions, as long as these decisions serve the child's best interests. If any conflict arises on this matter, this will be resolved by a Magistrate of summary justice. Likewise, Article 117(3) explicitly empowers the female custodian to keep the child’s original birth certificate and identity documents.It is also worth noting that Article 121(1) of the new law expands the non-custodial parent's visitation rights. Under the prior framework, Article 154 pertained the right to visit and be visited; however, the new provision goes further by specifically mentioning the non-custodial parent’s right to overnight stays and to take the child out, thereby promoting a more sustained relationship with both parents. Comprehending the "Best Interest of the Child" The best interest standard is the decisive factor in custody cases. The "best interest of the child" is a fundamental legal criterion standard asserting that a child's well-being should always come first in all legal and social decisions. The “best interests of the child” as defined by the Federal Law on Child's Rights (Wadeema’s Law) in Article 1 is as ‘placing the interests of the child above everything else and having priority and preferences in all circumstances, regardless of the interests of other parties’. This shall have priority in all the decisions and actions taken in his/her regard. Conclusion The change from the Personal Status statute 2005 to the 2024 statute is more than just changing the existing thresholds. The nation's legal custody framework has undergone significant transformation. The 2024 Personal Status Law prioritises the child's needs over traditional hierarchies. This will enhance the stability of the child's family and provide them with a stable environment by eliminating historical gender-based disparities and standardising the age at which custody terminates. Equally significant is the child’s right to choose their resident parent at age 15. Also, it is worth noting that the shift to a Gregorian calendar for time calculation under Article 2 reflects the commitment to modernising family justice. The 2024 law cements the nation’s commitment to a modern, dynamic and welfare-centric legal framework. Author: Awatif Al Khouri

When Do You Need a Child Custody Lawyer in the UAE? Important Things Every Parent Should Know To raise kids well, you need a strong base, clear plans, and builders you can trust, just like when you build a house. When a family breaks up or has legal problems, that foundation needs legal support. This guide will help you know when it's time to hire a child custody lawyer if you're a married couple in the UAE and are worried about what might happen to your kids if you separate, move, or disagree. We'll explain the law, give you examples from real life, and use simple analogies to help you make smart, calm choices about your kids' future. What UAE law says about custody and how it has changed In the past, when Muslims were in charge of the law, the mother usually had physical "custody" of the children, while the father had guardianship (making decisions about education, travel, etc.). Boys stayed with their mother until they were 11, and girls stayed with their mother until they were 13. As per the latest amended law, Federal Decree 41/2024, on the Issuance of Personal Status Law, the mother can retain the custody of the child till 18 years of age; also, upon attaining the age of 15, the child can choose to reside with either parent. For non-Muslims, as per Federal Decree-Law No. 41/2022 on Civil Personal Status, custody laws have changed. Joint custody until the child turns 18 is now the norm, which means that both parents are equally responsible for raising the child, and the child, who is 15 or older, can choose which parent to live with, as long as the court agrees that it's in the child's best interest. When Do You Need a Child Custody Lawyer in the UAE? Custody issues are especially hard for expatriate families with property in more than one country, kids born abroad, or who travel internationally a lot. This is because differences in jurisdiction, enforcement, and guardianship laws can create long-term legal risks. A lawyer can help make sure that custody arrangements follow UAE law while also taking international factors into account. If parents can't agree on where their child should live, when they should visit, or who should make important decisions about their education, healthcare, or travel, they should get a lawyer. A lawyer can present your case, gather evidence, and work to find a solution that is best for the child, either through negotiation or court proceedings if necessary. If there are worries about a parent's ability to care for their child, neglect, abuse, or the possibility of moving the child outside of the UAE, without permission, a lawyer can take immediate legal action to protect the child. This could include supervised visitation or travel restrictions. Also, when a child turns 15 or older and may have a preference for who they want to live with under UAE law, a lawyer can help with the legal and emotional issues that come up at this time, as well as make a formal case if a parent thinks the child's preference may not be in their best interest as they get closer to adulthood. Using real-life examples to explain custody and legal help Without a lawyer, a custody agreement is just a verbal promise between builders. The house can be built, but if a wall cracks later, there is no warranty. A custody agreement with a lawyer is like a signed blueprint and warranty. If something goes wrong, you have proof to back up your rights. When parents don't agree and don't use a mediator, it's like two chefs cooking in the same kitchen without a shared recipe. Things can get messy. A lawyer is like the head chef who makes sure that everything is ready for one meal. What parents should know about custody law under the new rules Key Aspect What It Means for You The child's choice at 15 When a child turns 15, they can choose which parent to live with, but the court still checks to see if it's in their best interest. Custody ends when a child turns 18, unless they have special needs. The child is an adult after they turn 18. Custody ends, but support or guardianship may still be needed. Guardianship vs. Custody Custody is about taking care of someone physically, while guardianship is about making decisions for them (like where they go to school, how they travel, and how they spend their money). If the law allows, they can go to different parents. What parents should do right now: Talk about custody early on, not just when you get divorced. Written agreements, like a will or family agreement, can help even couples with stable marriages, especially if they live abroad. Keep important papers on hand, like birth certificates, passports, proof of residence, school records, proof of a parent's income or housing, and so on. These can help if there are custody problems. If you think you might have to travel or move for work, tell a lawyer. Get custody or guardianship clauses that let you travel or visit regularly while still respecting both parents' rights. If both parents work, think about making a clear schedule for joint custody. The court is more likely to see both parents as capable if they work together well and are stable. Don't wait when your child's safety is at risk. If you think the child might be in danger (because of neglect or an unstable environment), talk to a lawyer right away. The law lets the court order protection or supervised supervision if necessary. Conclusion Child custody in the UAE is now fairer and more adaptable, but that adaptability also makes things more complicated. If parents are going through a divorce, moving, or fighting, or if they just want to make sure their kids have a good future, hiring a child custody lawyer is more than just an option; it's often necessary. A lawyer can help you turn informal promises into legally binding contracts, which protects your children's rights, well-being, and stability, whether you're deciding to separate, getting ready for court, or just making plans for the unexpected. Talk to your spouse, get the papers you need, and, if you need to, talk to a family-law lawyer you trust. A strong, well-built foundation is the only thing that will do for your children's health. Need Expert Legal Advice? Speak with Awatif Mohammad Shoqi Advocates & Legal Consultancy Today. Family matters require both legal expertise and sensitivity. We guide you through complex issues with clarity and care. Speak to our family lawyers today—call or WhatsApp us confidentially. Author: Awatif Al Khouri

Moving to or living in the UAE as an expat brings many opportunities, but when family life hits a rocky patch, the legal system can feel like a maze. For many mothers, the loudest fear is: "Could I actually lose my children?" The short answer is that while the law generally recognizes the mother as the natural "custodian" (the one who provides day-to-day care), that right isn't absolute. UAE law is built on a "risk-based" assessment of what is best for the child. If you are navigating a separation, understanding these risks is the first step to protecting your family’s future. The Difference Between Custody and Guardianship To understand child custody in the UAE, you first have to understand that the law splits parenting into two roles: The Custodian (Usually the Mother): This person handles the daily life of the child, meals, sleep schedules, schooling, and emotional support. The Guardian (Usually the Father): This person is the legal protector. They handle the "big picture," like signing for passports, managing finances, and approving which school the child attends. Problems usually arise when these two roles clash, or when one parent argues that the other is no longer fit for their role. When Does a Mother Face the Risk of Losing Custody? Under the Personal Status Law and the Civil Personal Status, the court's only priority is the "Best Interest of the Child." However, there are specific "red flags" that can lead a judge to transfer custody to the father or another relative. Remarriage This is a typical source of worry. Traditionally, a mother may lose custody if she remarries a man who is not a "Mahram" (a close relative) to the child. Nonetheless, UAE courts today are far more accommodating, particularly in recent years. You have a good chance of retaining custody if you can demonstrate that your new husband is supportive and that keeping the child with you is more stable than moving them. Mental and Physical Well-Being A custodian needs to be "fit" to give care. The court may intervene if a mother is unable to care for the child due to a contagious illness or a severe, untreated mental illness. This is why maintaining a stable, healthy environment is your best legal defense. Moral Conduct and Lifestyle The UAE is a society that values its cultural and religious heritage. If a mother’s lifestyle is proven to be "detrimental" to the child, such as issues with substance abuse, a criminal record, or behavior that is publicly scandalous, it creates a significant legal risk. Relocation Without Consent You cannot simply pack up and move to another country (or even a distant city) with the child without the father's permission or a court order. Doing so can be seen as "abducting" the child from the guardian’s supervision, which is one of the fastest ways to lose custodial rights. Navigating the Legal Landscape Because every family situation is unique, you cannot rely on "one-size-fits-all" advice. This is where the guidance of a seasoned professional becomes life-changing. Mrs. Awatif Al Khouri is a prominent figure in the UAE legal community, known for her empathetic yet sharp approach to family law. When facing a custody battle, having someone like Mrs. Awatif Al Khouri on your side ensures that your side of the story isn't just told, but is framed within the specific nuances of UAE law. Whether you are a local, national, or an expat, she helps parents navigate the high-stakes environment of the family courts, turning a high-risk situation into a manageable one. Finding the best family law attorney means looking for someone who understands that these aren't just "cases," they are lives. Working with a highly rated family lawyer in the UAE helps you document your fitness as a parent so that the "best interests" of your child are clearly visible to the judge. We are seeing the continued impact of laws that favor joint custody for non-Muslim expats. This means the law starts with the assumption that both parents should be equally involved. For Muslim families, maternal custody often lasts until the child reaches 18, rather than the old "cutoff" ages of 11 or 13, provided the mother remains fit for the role. Conclusion If you are worried about your status as a mother, take these practical steps: Stay Involved: Be the primary point of contact for the school and the doctor. Additionally, document this involvement. Keep Communication Professional: Even if the relationship with your ex is high-conflict, keep your texts and emails focused on the child. These can be used as evidence of your temperament. Instead of waiting for a court summons, get legal advice as soon as you can. When things start to get confusing, talk to a highly rated family lawyer in the UAE. Losing child custody is a scary thought, but the legal system in the United Arab Emirates is getting better at placing children with the parent who can give them the most stable and loving home. You can protect your child's future by knowing the risks and taking steps to avoid them. Author: Awatif Al Khouri

A Full Guide for UAE Residents on Divorce Lawyers in Dubai (For Married Couples) The process of divorce can be akin to the act of replacing the engine of a vehicle that is already in motion; it is challenging, emotional, and full of steps you didn't plan for. This easy-to-read guide will help you and your spouse in the UAE to understand when you need a divorce lawyer and what that lawyer does. It includes essential instances for securing legal aid, pragmatic advice for protecting your children and funds, precise information, and authentic examples that can be utilized during calm family discussions. Quick Information You Need To Know In the UAE, the first official step in a divorce case is usually to register at the Family Guidance Section. Before moving forward, courts often require reconciliation or conciliation sessions. Dubai's statistics authority has released divorce rates for Emiratis in Dubai. For 2022–2023, the rate is about 1.9–2.0 per 1,000 people who are married. The UAE now has more than one legal way to handle family matters. For Muslims, there is Muslim personal-status law (Federal Decree Law No. 41 of 2024), and for non-Muslims (Federal Decree Law No. 41 of 2022), there are different rules. The rules that apply depend on the couple's personal status and choices. The rules for child custody and guardianship have been changed, and courts usually act in the "best interest of the child," taking into account the child's age and well-being. Recent studies sum up those changes in custody. When to Hire a Divorce Lawyer When you need help with the paperwork and the official process A lawyer can help you register your divorce case with the Family Guidance Section, get the paperwork ready, and help you through the steps you have to take to try to get back together. This cuts down on delays and mistakes when filing. If the divorce is contested (there are disagreements about money, custody, or property) When parents fight over their kids or spouses fight over money or property, a contested divorce can take a long time and be very stressful. A lawyer negotiates, goes to hearings with you, and, if necessary, files motions to protect your assets or asks for emergency measures. Cross borders (like an expat spouse or foreign assets) It gets more complicated when one or both spouses are expatriates or own property outside of the UAE. Lawyers work with lawyers in other countries to make sure that custody, maintenance, and asset division can be enforced across borders. If there are kids, guardianship, or money involved Child custody, visitation, guardianship, and maintenance (alimony/child support) are typically the most contentious matters. The courts look out for the child's best interests, and family lawyers who know what they're doing can help you make parenting plans and gather financial evidence to support a fair outcome. As per Article 123, the custody ends when child attains 18 years of age; however, the child can choose to reside with either of the parents upon attaining 15 years of age. If you think someone is committing fraud or coercion, or you need to protect your assets, If you think someone is hiding money, forging signatures, or trying to move assets, you may need to take legal action right away. A lawyer can get emergency court orders to freeze assets and keep evidence safe. Simple comparisons to help you understand how it works Two people sharing a moving checklist and packing together is faster if they both agree to get a divorce. Contested divorce means that two people are packing for different places and arguing over which boxes belong to whom. This takes longer and needs mediators like lawyers and courts. Family Guidance (conciliation) is like having a neutral mechanic check your engine before you decide to replace it. Timelines: What married couples can really expect If the paperwork, agreements, and reconciliation are simple, a mutual or uncontested divorce can be finished in a few weeks to a few months. Contested divorces can take anywhere from a few months to more than a year, depending on things like custody disputes, complicated assets, and appeals. Plan for changes and make sure to include them in your plans. A quick list of useful tips for married couples Start with your passports, marriage certificate (notarized), children's birth certificates, bank statements, and property/title documents. Think about mediation. It can be faster, cheaper, and better for kids when it works. Family Guidance units in the UAE help people get back together. Protect urgent needs right away: if kids' safety is at risk or property is being taken, call your lawyer right away. There are emergency orders. Be honest about assets that are in more than one country. Not doing so will slow down cases and could get you in trouble with the law. Keep the conversation calm, and when you can, use simple examples to help the other person understand what you're saying. Conclusion A divorce lawyer is not just for when things go wrong for married couples in Dubai and the rest of the UAE. They are your map, translator, and negotiator when things get complicated, emotional, or cross-border. If your case involves disagreement, children, property, foreign assets, or urgent safety or asset risks, you should talk to a family lawyer right away. Good legal help keeps your kids, your money, and your future safe, and it can also help you get through a tough time more easily. Author: Awatif Al Khouri

For many expat couples in the UAE, getting married is now not only a religious or cultural choice, but also a legal one. By allowing non-Muslim civil marriage, the UAE has made it possible for expats to get married without having to follow religious rules. If you're getting married, are already married abroad, or are just thinking ahead about legal protection, it's important to know about civil marriage. This is especially true if you ever need help from Divorce Lawyers again. This article talks about civil marriage for people who aren't Muslim, who can apply for it, how it works, and why it's important for expats living in the UAE. What does it mean to have a non-Muslim civil marriage in the UAE? A non-Muslim civil marriage is a marriage that is legal and follows civil law instead of religious law. A civil marriage doesn't need a religious ceremony or a guardian (wali), unlike a religious marriage. The process is based on a contract, is open to everyone, and is based on both parties' free will. For example, getting married in a civil ceremony is like starting a business instead of joining a club. It is a legal contract that the state recognizes and is meant to make things clear, safe, and legally protected. Who is allowed to get married in the UAE? Non-Muslim couples, including expatriates from any country, can get married in the UAE. Couples who live in the UAE and those who come to the country just to get married can both use it. There are a few things that need to happen for someone to be eligible: both people must be at least 18 years old, they must both agree to the terms freely and without pressure, and they must not be closely related by family. This choice has become very popular with mixed-nationality couples, professionals, and expats who want the law to be clear and consistent in different places. Where Can You Sign Up for a Civil Marriage? Civil family courts are now in charge of registering civil marriages. Abu Dhabi was the first emirate to set up this system. A civil marriage certificate is valid all over the UAE once it is issued. Many couples who live outside of the UAE choose Abu Dhabi because the process is easy, they can apply online, and they get their marriage certificates quickly. Interesting fact: Since the law went into effect, thousands of civil marriages have been registered, showing that there is a lot of demand from expats. A Step-by-Step Guide to the Civil Marriage Process Here's a simple breakdown: 1.) Application Online Send in the application along with copies of your passport and basic information. 2.) Review by the Court The civil court checks to see if someone is eligible and has given their permission. 3.) Marriage Agreement The couple signs a civil marriage contract, and in some cases, no witnesses are needed. 4.) Marriage Certificate Given The certificate is legal in the UAE and can be made legal for use in other countries. Tip: A lot of couples talk to divorce lawyers before they get married to learn how civil marriage will affect property, custody, and divorce later. Does the UAE allow civil marriage? Yes, most of the time. But whether a civil marriage certificate is accepted outside the UAE depends on the laws of the country where you want to use it. You might need the following to use a UAE civil marriage certificate in another country: Apostille or proof Recognition by the right embassy or consulate Real-life example: A couple from Europe gets married in Abu Dhabi under civil law. They then make the marriage certificate legal so they can use it back home for things like visas, taxes, or inheritance.   The main differences between civil marriage and religious marriage: Civil Marriage Governed by civil law No religious ceremony is needed Rights for both spouses that are not based on gender Divorce rules that are clear and the same for everyone Religious Marriage Governed by religious law Ceremonies of a religious nature are necessary The religion that applies decides rights. The rules for divorce are different for each religion. Divorce lawyers often tell couples who live abroad that this difference is even more important if the marriage ends later. What Happens When a Civil Marriage Ends? When a civil marriage ends, civil personal status law, not Sharia law, is what matters. In practice, this often makes it possible to get a no-fault divorce, makes the process easier, and treats both spouses equally. A lot of expats, especially those from Europe, North America, or other civil-law countries, are used to and can count on this way of doing things. It's a good idea to talk to divorce lawyers early on if you're thinking about getting a civil marriage. This way, you'll know how civil law would handle things like divorce, child custody, and dividing up property. Children, Custody, and Getting Married in a Civil Ceremony Getting married in a civil ceremony does not get rid of parental duties. In any case that has to do with kids, the courts look at what is best for the child and what kind of stable living arrangements they need. You still have to pay child support, and issues of custody and guardianship are handled by civil personal status law instead of religious rules. Why civil marriage is important even if you're already married A lot of couples think they only need legal help when things go wrong, but it's usually better to plan ahead. Civil marriage can be good because it protects both spouses equally, makes it easier to figure out which laws apply, and makes it easier to deal with divorce lawyers in the future if legal issues come up. Final Thoughts  Non-Muslim civil marriage in the UAE is a big step forward for expats and couples who want clear laws and fair treatment. It offers a modern option for people who don't want to get married according to religious law, and it sets up a clear legal framework for things like divorce, child custody, and inheritance in the future. If you know how civil marriage works and how divorce lawyers deal with these issues, you can make smart choices whether you are getting married, are already married, or are just planning ahead. Soft Legal Disclaimer This article is for general informational purposes only and does not constitute legal advice. Laws and procedures may vary depending on individual circumstances and emirate. For tailored guidance, consult qualified Divorce Lawyers in the UAE. Author: Awatif Al Khouri

INTRODUCTION The United Arab Emirates has established itself as a top destination for ambitious construction and real estate development because it keeps investing in infrastructure, tourism, and mixed-use developments. This also made it more likely that there would be problems during the project's duration. Disagreements about construction in the UAE often happen because of vague contract terms, project delays, changes to the scope of work, payment disputes, and the difficulties of dealing with many different parties. Given the technical and commercial complexity of these projects, disputes are rarely straightforward. In light of this, effective dispute management requires legal expertise and a practical understanding of construction works and practices LEGAL FRAMEWORK OF CONSTRUCTION DISPUTES 1. Civil Law UAE’s legal framework for construction is transitioning from the Federal Law No.5 of 1985 Concerning the Civil Transactions Law to the Federal Decree-Law No. 25 of 2025, which comes into force on June 1, 2026. Both laws regulate construction via "Muqawala" in Old Law or "Contracts for Work," in New Law, but the New Law adds more detailed responsibilities and judicial powers to ensure fairness in contracts. Under the Old Law, a Muqawala contract says that one party must do work in exchange for money from the employer and the contractor is usually responsible for any losses that happen because of their work. The New Law keeps this basic concept but changes the words to "Contract for Work" between a "contractor" and a "client." One of the differences in the New Law is the contractor's duty to disclose the truth. The Old Law says that contractors must follow technical requirements while using materials provided by the employer. New Law, on the other hand, says that the contractor has the duty to disclose the client right away if they find any problems with the materials or any other issues. If the contractor doesn't give such notification, they are responsible for all the problems that come up. The New Law gives the client stronger options for dealing with performance breaches. Under Article 818, a client can issue a notice to remedy a breach if a contractor's work is defective. The New Law significantly strengthens the client's position by explicitly allowing them to hire a third-party contractor to finish or fix the defective work, with the original contractor covering the costs, if the contractor doesn't respond to a request for repairs. Furthermore, the New Law includes a provision for contractual equilibrium. This allows courts to adjust payments or extend deadlines if unexpected and unforeseeable events significantly disrupt the contracts. Decennial Liability Under the Old Law, specifically Articles 880 to 883, contractors and architects are held jointly liable for a period of 10 years for the total or partial collapse of buildings or any defect threatening structural stability or safety, upon delivery of the work. Any agreement attempting to exempt or limit this liability is void. Legal claims must be filed within three years of either the building's failure or the moment the flaw is found. The New Law largely preserves this 10-year decennial liability framework under Articles 821 to 824, but clarifies the joint and several nature of the obligation between the contractor and the engineer (the term now used instead of architect). It says that this liability still stands even if the collapse was caused by a defect in the ground or if the employer gave permission for the work to be done incorrectly. The New Law also preserves the rule that any provision attempting to exclude or limit this liability is void. The three-year limitation period to bring an action following a collapse or discovery remains unchanged. The Limitation Period Both laws stipulate a three-year limitation period for certain defined types of legal actions. Although the standard limitation period for civil claims generally extends to 15 years, a 3-year rule applies to construction projects involving the collapse of buildings or major safety defects. Contractors and engineers are responsible for structural integrity for 10 years. As a result, any claim for compensation based on this responsibility has to be made within three years of the collapse or finding. Beyond the decennial liability and limitation periods, several other critical provisions govern construction disputes in the UAE. Contractual Equilibrium One of the most essential things that might cause problems on construction sites is changing the price and time. Under the Old Law, contractors who had a lump sum contract usually couldn't ask for additional funds because of rising costs of materials or labor. This was only possible if the employer agreed to adjustments under Article 887(1). However, the New Law introduces a "contractual equilibrium" clause (Article 829). This clause allows the court to change the payment or give the parties more time to conclude the contract if something happens that they didn't expect and that has significant impacts on the contract's financial basis. The objective is to find a balance between the interests of both parties. Right of Retention and Subcontracting Construction disputes often involve a contractor withholding the work due to non-payment. Both frameworks permit a contractor to exercise a right of retention over property where their work has produced a beneficial effect, allowing them to keep the item until the agreed consideration is paid under Article 879 (Old Law) and Article 820 (New Law). Regarding subcontractors, the general rule remains consistent, a main contractor may delegate work unless prohibited by contract or the work’s nature requires personal performance. Crucially, a subcontractor has no direct claim against the employer for payment unless the main contractor has formally assigned that right to them. Priority Rights (Lien for Payments) For construction disputes involving insolvency or non-payment, both laws provide contractors and architects (engineers) with a special priority right (privilege). This right is connected to the buildings or structures that were built or repaired, but only to the extent that their work increased the property's value. To be valid against other parties, this right must be registered in the land registry, and its priority is determined by the date of registration. When the law doesn't directly deal with a certain construction issue, UAE courts follow an arrangement of sources. The Old Law says that Sharia comes first, then custom. The New Law makes this clearer by adding a last step, if there is no rule in Sharia or tradition, the court will determine based on natural law and the norms of justice. 2. Dubai Law No. 7 of 2025 concerning the Regulation of Contracting Activities The law was published in the official Gazette on July 8, 2025 and came into force on January 8, 2026, sets up a complete legal system to control contracts in the Dubai Emirate. The law's primary objectives are to advance the contracting sector, ensure the proper execution of projects according to urban planning standards, and establish clear foundations for the classification of contractors. Under Article 4, the scope of this law is expansive, applying to all contractors and contracting activities throughout Dubai, including special development zones, free zones, and the Dubai International Financial Centre (DIFC). Contractors' responsibilities are specified in Article 15, mandating adherence to building, safety, and environmental regulations, while also prohibiting the execution of "sham projects" designed for unlawful profit. Article 22 stipulates administrative penalties for those who violate the rules with fines of 1,000 to 100,000 AED (which can be doubled for repeated violations), having suspension of their activity, or having their classification lowered. Finally, Article 26 sets a time limit for correcting a status. All contractors who are now working must follow the rules of the law within a year of it being passed. Given the law becomes effective six months after its July 2025 publication (January 2026), contractors have until January 2027 to finalize their registration and classification. 3. FIDIC CONTRACTS In the UAE construction industry, FIDIC contracts are very common, especially for large and complicated projects. This is because they provide a clear way to define roles, responsibilities, and how risks are shared among everyone involved in the project. Standard forms such as the Red, Yellow, and Silver Books are commonly adopted, but they are often tailored through particular conditions to reflect local legal requirements and commercial practices, sometimes altering the intended balance of risk. In these contracts, the importance of proper contract administration is underscored, which includes the function of the Engineer, strict notice provisions, and structured processes for managing variations and claims. As a result, it is essential that everyone involved has a good understanding of how FIDIC works in the UAE, both practically and legally. DISPUTE RESOLUTION There are many ways to settle disputes in the United Arab Emirates, and the parties can choose the one that works best for them. Mediation and negotiation Mediation and negotiation are informal, voluntary ways to settle disagreements that do not involve court. In negotiation, the two parties negotiate with each other directly, but in mediation, a neutral third person helps them reach a solution that works for both sides. These ways are cheaper, more private, and faster than other alternatives. Arbitration Arbitration is the preferred method for resolving disputes within the UAE's construction sector. The UAE Arbitration Law (Federal Law No. 6 of 2018, amended by Federal Decree Law No. 15 of 2023) provides the legal framework. This approach offers a private and adaptable setting, allowing parties to select arbitrators possessing the requisite technical expertise to adjudicate the dispute. Litigation Litigation involves resolving disputes through the UAE judicial system, particularly when arbitration has not been agreed upon. Litigation is a strong way to enforce the law, although it is usually more formal and takes longer than other ways to settle disputes. Dispute Adjudication Boards and Expert Determination Dispute Adjudication Boards or DABs, are designed to address the inevitable disagreements that crop up during a project's life. DABs are made up of neutral specialists who arrive at decisions or suggestions which helps keep disagreements from getting worse. Expert determination is a means to settle technical or financial issues by employing an outside expert when specific knowledge is required. CONCLUSION The UAE has a well-established legal and institutional setup to handle these issues. This framework provides several avenues for resolving disputes, such as court proceedings, arbitration, and other alternative methods. Therefore, choosing the best route is crucial for preserving business ties, avoiding unnecessary hold-ups, and getting results quickly and affordably. Author: Awatif Al Khouri

Introduction Contractual obligations may become difficult to perform due to unforeseen external events that disrupt normal commercial operations. In recent years, particularly in the wake of the COVID-19 pandemic and various geopolitical tensions, the term "force majeure" has come under increased scrutiny in the realm of business agreements. Consequently, businesses are now meticulously examining their contracts and assessing the adequacy of their "force majeure" provisions in light of the risks posed by these tensions. However, force majeure is only available in certain situations and cannot be invoked merely because performance has become harder or more expensive. The doctrine works within certain legal limits, and its application depends on whether the event in question makes it absolutely impossible to perform the contract. Historically, the doctrine was codified in the Civil Code under Federal Law No. 5 of 1985, which established the legal framework governing circumstances that prevent or significantly hinder contractual performance. The UAE approved a new set of laws called Federal Decree-Law No. 25 of 2025 on Civil Transactions, which is set to come into force on 1 June 2026. Although the new law keeps the basic rules on "force majeure" and "extraordinary circumstances," it also clarifies when performance is impossible and when it is still possible but too difficult.   It is important to understand the difference between these two terms when deciding whether geopolitical factors can justify breaking or changing a contract. Legal Framework of Force Majeure Clause and Exceptional Circumstances The doctrines of force majeure in the UAE law (Civil Code of 1985)  under Article 273 and exceptional circumstances under Article 249 provide legal ways to deal with cases where events beyond the parties' control make it impossible to perform the contract. Both theories are based on unexpected events that neither party could have predicted. However, they are very different and should only be used in certain circumstances. When an unexpected and uncontrollable event makes it objectively impossible to fulfill a contractual duty, this is called "force majeure" in the UAE law. When a contract has a  "force majeure" clause, the problem will be addressed according to the terms of the contract. Article 273 of the Civil Code, on the other hand, also covers situations where performance is impossible because of "force majeure." This will apply even if there is no specific clause in the agreement. In such situations, the law recognises that a party cannot reasonably be expected to fulfil an obligation that can no longer be performed in reality. In bilateral agreements, if an event totally ceases performance, each party may no longer have to do what they agreed to, and the contract may come to an end automatically. The idea also applies when something becomes partially or temporarily impossible, except for that part of the contractual duty, the rest of the agreement remains valid for both parties. The theory can also be used as a defense against liability if the party that was supposed to be responsible can show that the failure to perform was caused by things that were out of their control. The Force Majeure clause does not automatically release parties from obligations, its application depends on legal conditions and factual circumstances. To apply, the event must be unforeseeable at the time the contract was concluded, unavoidable despite reasonable efforts to mitigate its impact, and must render the performance of the contractual obligation objectively impossible rather than merely difficult, costly, or inconvenient. The concept of exceptional circumstances, which is sometimes called hardship, is different from force majeure. This idea is used when performance is still technically possible but too hard to do because of unexpected public events. In cases where unforeseen events do not prevent performance but make the obligation excessively burdensome, relief may be sought under Article 249 of the Civil Code. Instead of terminating the contract, the law allows judges or arbitral tribunals to step in and make things fair between the parties to maintain the balance of the contract. So, the difference between these two doctrines is very important, force majeure deals with situations where something really can't happen, while the doctrine of exceptional circumstances tries to ease extreme suffering without ending the contract. Application of Force Majeure Clause in Form F Real Estate Agreements The Dubai Land Department (DLD) issues Form F, also known as the Unified Sale Agreement or MOU, as the standard contract that documents the mutually agreed-upon terms between the buyer and seller in a property transaction. It includes the purchase price, the security deposit (10% in most cases), the completion date, the broker's commission, and the obligations of both parties prior to the transfer. If a force majeure event occurs in Dubai real estate practice, the parties may be excused from fulfilling the terms of the contract, and the contract may be terminated without penalty. However, Form F in Dubai real estate does not always include a comprehensive force majeure clause in most of the transactions. Regardless of its absence, the UAE Civil Code principles continue to be applicable. Therefore, the courts may continue to assess force majeure clause in accordance with civil law principles. The concept of force majeure is strictly interpreted by the courts. If a party violates the Dubai property Form F contract, the resulting legal ramifications will depend on the specific party at fault. In instances where the buyer fails to fulfil the transaction, the vendor may have the right to retain the 10% deposit made at the agreement's inception. Conversely, if the seller defaults and refuses to finalize the property transfer, the buyer may be entitled to either compensation or the return of the deposit, potentially with additional damages contingent upon the circumstances. Nevertheless, if a party can successfully demonstrate that the non-performance stemmed from a force majeure event, this may function as a legal defense, thereby absolving the party of any liability associated with the said breach. When a dispute arises, and one party claims a force majeure clause or refuses to perform contractual obligations, the first step is to carefully review the Form F contract, particularly the wording of force majeure and other relevant clauses, the agreed-upon completion date, and any penalty provisions. The affected party may issue a formal legal notice requesting the completion of the transaction or the termination of the agreement, and, if applicable, the return of the deposit, if the issue remains unresolved. If the situation remains unresolved, a complaint can be lodged with the UAE courts. The court will then determine if the circumstances meet the criteria for force majeure. They'll also consider whether the event genuinely hindered the transfer of the property and, consequently, whether the deposit should be returned or managed in accordance with applicable legal guidelines. Conclusion: Evaluating ‘Force Majeure’ Clause When UAE courts apply the concept of force majeure, they are very careful and go no further than the law allows. To validate a claim, the party making it must demonstrate a clear connection between the unexpected event and their inability to fulfil the contract. The event must go beyond being merely inconvenient or expensive; it must clearly make performance impossible. Loss of income or higher costs are usually not enough on their own. Courts also consider whether the event was beyond the parties' control and not something they could reasonably have expected. Situations such as transport disruptions, airspace closures, or trade restrictions may qualify if they genuinely prevent contractual performance. In order to invoke the force majeure clause in the UAE, the party must also establish that the unforeseen event was the direct and exclusive cause of the breach. It also needs to show that all reasonable steps were taken to lessen the effects of the event, that the party acted in good faith, and that they properly told the other party according to the deadlines agreed upon. When evaluating a force majeure clause in the UAE law, several key factors must be examined. The clause's scope must be analyzed to ascertain if the enumerated events adequately encompass disruptions resulting from geopolitical instability or unforeseen circumstances. A thorough examination of the procedural requirements for invoking the provision is essential, encompassing the notice deadline and any associated responsibilities. Furthermore, a comprehensive review of the entire contractual framework is warranted, with particular attention to the governing law and dispute resolution clauses, given their influence on the interpretation and enforcement of the force majeure provision. Author: Awatif Al Khouri

Introduction When you've poured your heart, soul, and savings into building a brand in the UAE, the last thing you want is to find a "twin" business operating down the street with a similar logo. Your brand identity is more than just a name in the fast-paced markets of Dubai and Abu Dhabi; it's your reputation. For expats and residents who are used to different systems back home, figuring out brand protection in the UAE can feel like a maze. That's when finding the right expert makes all the difference. Why Your Trade License Isn't Enough One of the biggest misconceptions I hear from business owners is: "I have a trade license, so my name is protected." Unfortunately, that’s not quite how it works. A trade license gives you the right to operate, but it doesn’t give you ownership over the brand name itself. Without trademark registration, another company could potentially register your name as their trademark and legally prevent you from using it. Navigating these regulations requires a blend of legal technical knowledge and local experience. Having worked in the UAE legal system for more than thirty years, Mrs. Awatif Al Khouri is now a reputable name for people looking to safeguard their intellectual property. She doesn’t just look at the law as a set of rules on a page; she understands how the law and the system work in practice. A Simple 4-Step Roadmap to Brand Protection If you’re looking for a trademark lawyer in Dubai, you should expect them to walk you through these four essential stages: The "Safety Check" (Search): Before you get attached to a name, a lawyer conducts a deep search to ensure it doesn't clash with existing marks. It's better to find out now than after you've printed 10,000 business cards. Strategic Classification: Trademarks are grouped into "classes" (e.g., Class 25 for clothing, Class 43 for restaurants). If you register in the wrong class, you aren't actually protected. A trademark lawyer in Dubai makes sure you're protected when it matters the most. The Waiting Period: Others have 30 days to object to your application after it is published in the Trademark Journal. Final Certification: Once cleared, you get your certificate. This grants you exclusive rights in all the Emirates for ten years. Why a Local Expert Makes the Difference You could think about signing up on your own, but the UAE system is different from what a global online service provides. A trademark lawyer in Dubai who specializes in this area offers several levels of protection: Strategic Classification: They help you figure out which classes give you the most value for your money. Reaction to Oppositions: You need a trademark lawyer in Dubai who can protect your brand's existence if another business contests your registration. Enforcement: Registration is just the beginning. If you find counterfeit goods or someone using your name in Sharjah or Abu Dhabi, your lawyer is the one who sends the cease-and-desist letters and coordinates with the authorities. Mrs. Awatif Al Khouri emphasizes this proactive approach on a regular basis. Her firm, Awatif Mohammad Shoqi Advocates & Legal Consultancy, is well known for its meticulous attention to detail. Whether you're writing a response or handling a complex dispute where someone is trying to use a confusingly similar logo, her experience ensures that your brand is protected and your rights are fully upheld. Conclusion It is important to reach out to a trademark lawyer in Dubai if you need help in brand protection in the UAE. When you rebrand, you want to make sure the new name is "bulletproof." You've seen a competitor using a logo that strikingly resembles yours. As a global brand entering the UAE, you must localize your intellectual property protection. Working with an expert like Mrs. Awatif Al Khouri provides more than just legal representation. It offers a professional partnership with a practitioner who understands the local regulatory landscape and the commercial importance of protecting your brand identity globally. Author: Awatif Al Khouri

A delayed handover can burn months of revenue. A variation order can trigger a chain reaction of claims. And a single payment dispute can freeze financing. If you’re a founder, investor, or principal in a family-owned business, construction and infrastructure risk isn’t theoretical—it hits cash flow, timelines, and reputation. That’s why arbitration law is a go-to dispute resolution path for major UAE projects. It’s typically designed to be private, specialized, and contract-driven—closer to a “boardroom process” than a public courtroom battle. In this article, you’ll learn how arbitration law works for UAE construction and infrastructure disputes, where cases usually arise, and practical steps to protect your position before and after a dispute starts. Why Construction Disputes Often End Up in Arbitration in the UAE Construction is complex by nature: multiple parties, technical scope, tight deadlines, and constant change. In the UAE, this complexity shows up clearly in arbitration caseloads. A DIAC caseload report summary noted that construction and real estate disputes dominated DIAC’s 2023 caseload (close to 60% of DIAC administered cases), and construction contracts were the most common underlying contract type (40%). For founders and investors, that’s a signal: construction arbitration is not an edge case—it’s mainstream commercial risk management. Real-life analogy:  If litigation is like taking a crowded public highway (formal, slower, less flexible), arbitration can be like using a managed express lane—still rules-based, but more tailored to commercial reality. The Legal Backbone: UAE Arbitration Law (What You Should Know) The UAE’s main arbitration framework is Federal Law No. 6 of 2018 (Arbitration Law), which allows parties to agree to arbitration either as a clause in a contract or as a separate agreement—even after a dispute starts. DIAC’s 2022 Arbitration Rules explicitly note that the UAE Arbitration Law is largely based on the UNCITRAL Model Law—a widely used global standard—helping international parties feel more comfortable with UAE-seated proceedings. There have also been amendments (for example, Federal Law No. 15 of 2023) updating parts of the arbitration framework. Founder/investor takeaway:  If your contract has a well-drafted clause, arbitration law can offer a predictable process that matches commercial expectations—especially for high-value claims. Where UAE Construction & Infrastructure Arbitration Disputes Usually Come From Most claims are not “bad actor” stories. They’re more like a domino effect: one delay triggers another, cost overruns build, then payment disputes follow. Common triggers include: Delay and disruption (site access, approvals, design changes) Variation orders and scope creep (pricing and authority disputes) Payment and certification disputes (interim payments, final account) Defects and handover issues (snag lists, performance standards) Termination and suspension (cause, notice, consequences) In the MENA region, standard forms like FIDIC are widely used and often sit at the heart of dispute interpretation.  This matters because your claim strength often depends on notices, records, and contract mechanics—not just “who feels right.” Arbitration vs Litigation for Founders and Investors: The Practical Differences When deciding how to proceed, founders and investors usually care about three things: time, confidentiality, and enforceability. Confidentiality Arbitration is typically private by design (subject to applicable rules and circumstances), which can be attractive when you’re protecting investor confidence or managing reputational risk. Technical decision-making Arbitration lets parties appoint arbitrators with industry/legal expertise suitable for complex construction disputes (depending on rules and availability). Enforceability across borders For cross-border enforcement, the UAE is a party to the New York Convention through Federal Decree No. 43 of 2006.  That supports recognition and enforcement of foreign arbitral awards internationally (subject to limited grounds to refuse). Practical Tips to Win Before the Dispute Starts (Founder/Investor Checklist) If you want arbitration law to work for you, build the runway early. 1) Draft a clause that actually works Use clear wording on: Seat (onshore UAE vs other) Institution (e.g., DIAC) and rules Number of arbitrators Language Governing lawDIAC publishes its rules and model guidance that can help align drafting with its procedures. 2) Treat notices like “insurance paperwork” In construction disputes, missing notice deadlines can be like failing to file an insurance claim on time—you may still be “right,” but you can lose leverage. 3) Build a dispute-ready record system Investors love dashboards—apply the same thinking: Daily reports Instructions/variations logs RFIs/submittals Programme updates Payment certificatesGood records often decide outcomes more than loud arguments. 4) Consider early neutral evaluation or negotiated milestones Many disputes settle when parties quantify risk. A structured early case assessment can reduce the “everyone overestimates their case” problem. How the UAE Landscape Supports Arbitration Users The UAE has continued investing in arbitration infrastructure: DIAC (Dubai) with updated 2022 rules arbitrateAD (Abu Dhabi International Arbitration Centre) launched to replace ADCCAC, with new rules and model clauses Ongoing commentary indicates a pro-arbitration trend in UAE court decisions since the 2018 Arbitration Law (note: outcomes depend on facts and procedure). Conclusion For founders and investors, construction disputes are not just legal events—they’re business events. The right approach to arbitration law can protect timelines, preserve confidentiality, and improve enforceability—especially when your contracts, notices, and records are strong. The best time to think about arbitration law is before you need it: draft a workable clause, run disciplined project controls, and treat documentation like financial reporting. Then, if a dispute does arise, you’re not improvising—you’re executing a plan. Author: Awatif Al Khouri

Arbitration vs Litigation in the UAE: Cost, Time, and Confidentiality Comparison (Founder & Investor Guide to Arbitration Law) If you’re a founder or investor in the UAE, a dispute can feel like a sudden sandstorm: everything is fine—until visibility drops and decisions become urgent. One of the first strategic choices you’ll face is arbitration vs litigation. The right choice can protect cash flow, limit reputational risk, and keep sensitive terms out of the public eye. This guide explains—using simple language—how arbitration law compares with court litigation in the UAE on cost, time, and confidentiality, plus practical tips you can use before signing your next contract. Quick UAE context: what “arbitration law” means here In the UAE, “arbitration” is a formal dispute-resolution process governed primarily by UAE Federal Arbitration Law (Federal Law No. 6 of 2018).  Many UAE business disputes also go through institutions like the Dubai International Arbitration Centre (DIAC). DIAC reported 355 cases registered in 2023 and stated the total value of cases registered exceeded AED 5.5 billion—a reminder that arbitration is widely used for high-value commercial disputes. Arbitration vs litigation: the plain-English difference Litigation (court) A judge decides the dispute in the UAE courts. The court may appoint experts to examine technical issues (common in commercial and construction disputes). Arbitration (private tribunal) Parties appoint one or more arbitrators to decide the dispute under arbitration law and agreed rules (often DIAC rules in Dubai matters). It’s commonly chosen for complex commercial disputes because parties can select decision-makers with industry expertise and tailor procedure. Analogy: Litigation is like taking a dispute to a government service counter with fixed steps. Arbitration is like hiring a structured, regulated “specialist panel” to resolve it—still formal, still binding, but more configurable. 1) Cost comparison: what founders and investors should budget for Litigation costs typically include Court fees (vary by emirate and claim type) Legal fees Court-appointed expert fees (often significant in technical cases) Translation and document handling (common in cross-border matters) Arbitration costs typically include Legal fees Arbitrator fees Institutional/admin fees (e.g., DIAC administrative costs) Hearing venue/technology costs (depending on format) Expert and translation costs (if needed) What’s “cheaper” in real life?  There’s no universal winner. Arbitration can be cost-effective when it reduces procedural back-and-forth, focuses the issues, or avoids multiple court levels. Litigation may be less expensive in smaller disputes—but for high-value and technical disputes, expert reports and multiple hearings can add up. Founder/investor tip: In your contracts, decide early: Who pays arbitration costs if you win? Whether you can recover legal fees Whether you want a sole arbitrator (often lower cost) or a tribunal of three (often more robust but higher cost) 2) Time comparison: speed, delays, and control Litigation timelines Court schedules vary and complex disputes often require: Multiple hearings One or more expert reports (which can extend timelines) Appeals (in some cases) Arbitration timelines Arbitration can be faster when: The procedure is streamlined The tribunal limits unnecessary evidence Parties cooperate on schedules Some arbitration rules include expedited paths. For example, DIAC Rules include mechanisms that can streamline procedure (and the rules modernized arbitration management). Reality check (important for planning): arbitration is not automatically faster. If parties fight every procedural step (documents, witnesses, jurisdiction challenges), arbitration can still take time—especially in large construction disputes. Founder/investor tip: If speed matters, negotiate: A clear seat and institution A timetable clause (or reference to expedited procedures when eligible) Limits on document production 3) Confidentiality: where arbitration often has an edge Litigation confidentiality (generally lower) Court processes are typically more public than arbitration. Even when some steps happen in chambers or through case management, court proceedings are generally treated as open to the public as a principle (with exceptions). Arbitration confidentiality (often higher, but check your rules) Arbitration is commonly private, and institutional rules can include confidentiality provisions. For example, commentary on DIAC Rules notes confidentiality expectations (including treatment of awards) as part of modern arbitration administration. Founder/investor tip: If confidentiality is a priority (pricing, shareholder terms, IP, project delays), do not rely on assumptions. Put it in writing: Add a confidentiality clause in the contract Choose rules/institutions with clear confidentiality provisions Restrict publication of awards unless both parties agree When arbitration makes sense for founders & investors Arbitration often fits best when: The dispute is high value You need specialized decision-makers (construction, infrastructure, EPC, finance) You want confidential handling You anticipate cross-border enforcement DIAC’s published caseload and multi-billion AED case value illustrate that UAE arbitration is heavily used for major commercial matters. When litigation may be the better option Litigation may make sense when: You need quick court orders in a context where court intervention is the practical route The dispute is small enough that arbitration fees don’t make economic sense Your contract has no arbitration clause (or it’s defective) Conclusion For founders and investors, the arbitration vs litigation choice is less about “which is best” and more about “which fits the business risk.” Arbitration law in the UAE offers a structured way to resolve major disputes with more privacy and procedural flexibility, while litigation provides the state court route with its own processes and expert-driven fact finding. The smartest move is to decide early—in your contract, not in the middle of a dispute. Build a clause that reflects your risk priorities: cost control, speed, confidentiality, and enforceability. That’s how arbitration law becomes a business tool—not just a legal concept. Author: Awatif Al Khouri

Rent increases in Dubai can sometimes seem sudden and hard to understand, especially if you're not sure if the landlord is following the law. A lot of tenants only start to worry about a rent increase after they get a notice, and by then, the situation is already stressful. But the truth is much more reassuring: Dubai has clear laws that control how much rent can go up, and tenants are well protected when those limits are broken. If you are having a problem with a rent increase in Dubai, knowing your rights and when to hire an RERA rental case lawyer can help you deal with it without feeling rushed. Understanding Rent Increase Rules in Dubai In Dubai, rent increases are not left to the discretion of the landlord. They are governed by Law No. 26 of 2007 (as amended by Law No. 33 of 2008) and regulated through the Real Estate Regulatory Agency (RERA). The RERA Rental Index is the most important part of this system. It compares your current rent to the average market rate for similar homes in your area. Based on this comparison, the law only allows limited increases. If your rent is already close to the area's average, it cannot increase. You can only raise it somewhat if it falls below that level, and the amount you can raise it depends on how much lower it is below the market rate. This framework ensures that rent changes are planned and reasonable, rather than sudden. For tenants, this means one thing: not every increase is valid, even if it is presented as standard practice. The Importance of the 90-Day Notice Even where an increase is legally justified, the law places equal importance on how and when it is communicated. If a landlord intends to increase the rent, they must give at least 90 days' written notice before the tenancy renewal date. This is not a mere formality; it is the law. If the notice is delayed, ambiguous, or not properly communicated, the increase may be unenforceable. In practice, this is one of the most prevalent reasons tenants oppose rent increases. So, before focusing on the amount of increase, it is always worth stepping back and asking: Was the process followed correctly? When Does a Rent Increase Turn Into a Dispute? A rent increase dispute in Dubai typically arises when something about the increase does not align with the law or feels unreasonable in practice. This can happen when: The increase goes beyond what the RERA index allows. The landlord does not rely on the index at all. The 90-day notice requirement is not met. The valuation of the property looks like it's too high. There is pressure to agree to terms that aren't legal. At this point, a lot of tenants don't know what to do next. Some people agree just to keep the peace or hope that the issue resolves itself. But in reality, this is the point where clarity and often legal guidance become most valuable. How a RERA Rental Case Lawyer Helps A RERA rental case lawyer brings structure to what can otherwise feel like a confusing situation. Rather than reacting emotionally or informally, a lawyer helps you assess the situation step by step, starting with whether the increase is legally valid at all. They review your tenancy contract, the notice served, and the applicable RERA index data, and then guide you on the most What to do next. This could mean: Writing a formal letter to the landlord Pointing out legal problems with the increase Talking about new terms Or, if necessary, starting a case before the Rental Dispute Resolution Center. Timing is often the most important thing. Taking care of the problem early on, with a clear legal position, usually leads to fairer results. Mrs. Awatif Al Khouri is known for handling these kinds of disagreements in a calm, solution-oriented way, making sure that tenants aren't rushed into making decisions but instead led toward practical resolutions that are legally sound. Taking the Matter to the Rental Dispute Settlement Center If talking about the problem doesn't work, tenants can take their case to the Rental Dispute Settlement Center (RDSC) in Dubai. The process is designed to be relatively straightforward. You submit your complaint along with key documents such as your tenancy contract, Ejari certificate, identification, and the rent increase notice. A filing fee, typically calculated as a percentage of the annual rent, is required. Once the case is registered, the matter is reviewed and scheduled for a hearing. Both sides are given the opportunity to present their position, and the tribunal considers factors such as: Compliance with the RERA Rental Index Whether proper notice was served The terms of the tenancy agreement A decision is then issued, which is legally binding. While the process is accessible, having legal guidance can help ensure that your case is presented clearly and effectively. Practical Steps to Handle a Rent Increase Dispute If you find yourself facing a rent increase that does not seem right, a few simple steps can help you stay in control of the situation. Start by checking the RERA Rental Index to understand whether the increase falls within permitted limits. Then review the notice carefully, both its timing and its content. It is equally important not to agree to new terms too quickly. Even informal acceptance can weaken your ability to challenge the increase later. Keeping all communication in writing and acting early rather than waiting until the renewal date can also make your position much stronger. Why it's important to stay calm and organized Disputes over prices, especially those over rent, often need to be resolved quickly. People tend to react quickly, either by accepting the increase or reacting defensively. However, in Dubai’s legal system, outcomes are rarely decided by urgency alone. They depend on documentation, compliance with legal requirements, and how clearly your position is presented. A well-handled dispute can lead to: The increase is being canceled A reduction to the legally allowed amount More time to negotiate or plan your next steps On the other hand, rushed or informal methods can put too much of a financial strain on people. Conclusion Landlords in Dubai don't want to scare tenants with rent increases. The law sets up a system that protects the rights of both landlords and tenants. Your increase is both justified and properly communicated. If you are in Dubai and are having a disagreement about a rent increase, the best thing to do is to stay calm and know what you are talking about. Take the time to figure out where you stand, make sure you know what the law says, and take action early when necessary. Even a tough situation can be handled with the right advice and a steady approach. Author: Awatif Al Khouri

If you think of guardianship as the official keys to make big decisions for a child, like where they go to school, get medical care, travel, and deal with legal issues, then custody is the key to the front door where the child lives every day. For married couples in the UAE (including many expats), it's important to understand guardianship matters now, not just "if" something goes wrong, but so you can calmly plan for your child's future. This guide tells you what guardianship means in the UAE, when you should get legal advice, how to explain it to your spouse using simple examples, and useful things you can do this week. A quick summary of what this article is about What is the difference between guardianship and custody? How guardianship works in the UAE now and what has changed in the law recently. Important times when parents should think about choosing or fighting for a guardian. Married couples and expats can use these helpful tips and steps. Trusted official resources and recommended images to use on your family planning pages. What does it mean to be a legal guardian? If the parents are not around or have died, legal guardianship gives someone the right to make important long-term decisions for a child, like where they go to school, what kind of healthcare they get, and whether or not they can travel. Guardianship and physical custody (who the child lives with every day) can be two different things. In short, guardianship means making big decisions, and custody means taking care of someone every day. Short facts you can trust about why guardianship is important in the UAE The UAE's new Personal Status updates (Federal Decree-Law No. 41 of 2024) bring about important changes to family law, such as rules about guardianship and custody. These changes show that modern families are moving toward rules that are easier to understand and focus on children. As per Article 123, the custody ends when the child attains 18 years of age. Non-Muslim residents can choose guardians and register wills (DIFC Wills, ADJD Mirror Wills, or Dubai Courts) to make their plans for guardianship clearer and easier to follow. The DIFC Wills Service lets you register guardianship wills in particular. A Simple Way for Couples to Understand Guardianship and Custody Think of your child’s life as a ship on a journey. The custodian (custody) is the ship’s captain, responsible for daily care—meals, bedtime routines, and taking the child to school. The guardian, on the other hand, is the admiral, setting the course and approving major decisions such as education choices, travel outside the country, or significant medical treatment. Both roles are essential: sometimes one parent holds both, while in other situations they are shared or divided. When these roles are clearly defined in writing, families can avoid conflict and uncertainty later on. When married couples and expats should think about guardianship—important situations You're writing a will or plan for your estate. If you have young kids, make sure to name a guardian in your will so that your wishes are clear and can be followed. For expats, registering a will in DIFC or ADJD can make it easier to enforce in the UAE. One parent often travels or works in another country If a parent travels a lot for work, you might want a temporary or permanent guardian who lives nearby and can make quick decisions (like signing off on school or medical care). You want to move to another country Cross-border rules affect guardianship. Talk to a lawyer about guardianship rules before you move so you don't have to deal with arguments later about where the kids should live or which law applies. The parents get a divorce, and you want clear rules for making decisions. Separation can change who makes small and large decisions on a daily basis. A guardianship order or a clear parenting plan lowers the chances of future fights and gives the courts a guide to follow if there are any. If parents suddenly become unable to care for their children or die There is a difference between temporary guardianship (immediate care) and permanent guardianship (long-term custody and decision-making). Appointing trusted guardians can help you avoid emergency court battles and the possibility of placing the child outside the family. How to choose a guardian in the UAE: a quick guide In your will, make a written appointment. To make things clearer, you might want to use the DIFC, ADJD, or Dubai Courts Will services. Pick a trustworthy local guardian (expats are often told to get a temporary local guardian). Make sure your will is easy to find by keeping it with the registry and telling your spouse or trusted family where it is. Check it often and make changes after births, divorces, or other big life events. A checklist of useful tips for married couples Make a short "family guardianship plan" and talk about it openly. What will happen if you both leave? If you want to make sure that your UAE assets are more secure, register a guardianship clause in your will with DIFC or ADJD. Put all of the kids' passports, school records, and medical records in one place. If you live in another country, get legal advice in both the UAE and your home country before making final arrangements for cross-border guardianship. Conclusion In the UAE, every married couple should plan for the legal guardianship of their child, which gives them the power to make important decisions about their child's life. If you're an expat, travel for work a lot, or just want to make sure your kids have a safe future, appointing and registering a guardian will make things less stressful, keep your family safe, and stop expensive court fights. Talk to your family about what you want, then write it down in a will and register it with the right UAE registry. That small thing you do today will make your kids' lives much more stable tomorrow. Author: Awatif Al Khouri

A step-by-step guide from an inheritance lawyer on how to file an inheritance case in Dubai Families often don't want to deal with legal paperwork when a loved one dies. But in Dubai and the rest of the UAE, inheritance issues need to be handled with care and correctly, especially for expats and married couples. This guide tells you in plain English how to file an inheritance case in Dubai, what papers you need, and when you should talk to an inheritance lawyer. Think of it as a legal guide that will help you avoid delays, stress, and expensive mistakes during a time that is already hard for you. What Does This Article Talk About? Who in Dubai needs a lawyer for inheritance? How expats and couples can pass on their property in the UAE How to file an inheritance case in steps Useful advice for keeping your family safe What Expats and Couples Need to Know About Inheritance Law in Dubai In Dubai, who gets what when someone dies depends on their religion, nationality, and whether or not they have a will. Muslims: Sharia law governs inheritance (Federal Decree Law No. 41 of 2024). Expats who are not Muslim: May use the law of their home country or UAE civil law. They may make a will with the DIFC, Abu Dhabi Civil Family Courts (ADCFC), or local courts. The applicable laws would be Federal Decree-Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi DIFC Wills: Let non-Muslims give out their property the way they want to (Dubai Law No. 15 of 2017 with DIFC Wills & Probate Registry Rules) A lawyer who specializes in inheritance law can help you figure out which law applies and make sure the right court procedure is followed. In real life, filing an inheritance case without a lawyer is like putting together furniture without instructions. You might be able to do it, but mistakes are likely and expensive. Step 1: Find out if there is a will. The first thing an inheritance lawyer will ask is if the person who died had a will that was filed with the court. Was it registered in Dubai Courts, DIFC Wills, ADCFC or somewhere else? Why this is important: A valid will makes the process of passing on property easier and faster. If you don't have a will, the courts will decide how to divide your property according to the law. Step 2: Get the Death Certificate from the Government To start an inheritance case in Dubai, you need to send in: Original death certificate (Arabic translation required) If the death happened outside of the UAE, the certificate must be Attested in the country where it was issued The UAE Ministry of Foreign Affairs has verified this. To avoid rejection, an inheritance lawyer usually takes care of attestation and translation. Step 3: Get a Legal Heir Certificate A legal heir certificate shows who has the right to inherit. Most of the time, the required documents are Copies of heirs' passports Certificate of marriage (for couples) Birth certificates for kids Emirates ID (if needed) If this step is done wrong, it can delay cases for months. This is one reason why many families hire an inheritance lawyer early. Step 4: Take the inheritance case to court After the heirs are confirmed, the inheritance lawyer files the case with the Dubai Personal Status Court or a probate case with the DIFC Courts (for DIFC Wills). Review by the Court and First Orders The court first looks over the papers that have been sent in, decides which law applies to the estate, and tells the heirs how to divide the inheritance. In real life, the most common reason for delays in inheritance cases is not disagreements between heirs but missing documents or mistakes in filing. Step 5: Finding and freezing assets, if necessary At this point, the estate's property has been found and is safe. These could be cars, real estate, bank accounts, or shares in a business. Until the legal process is over, assets may be temporarily frozen to keep people who shouldn't have access from getting to them. Step 6: Handing out the goods After the court gives its approval, the will or the law will decide how the estate will be divided up. The assets go to the right heirs, and the process of inheriting is over. Mistakes that expats often make and how an inheritance lawyer can help Believing that foreign wills always work Waiting to file in court Using translations that are wrong Not following the rules for inheritance in the UAE An inheritance lawyer stops these mistakes and makes sure that the rights of the heirs are safe. Useful Advice for Couples and Expats Living in the UAE If you are an expat, you should register a will. Keep your asset records current, and make sure your family knows where important documents can be found. It is also wise to speak with an inheritance lawyer before any issues arise, rather than waiting until a problem develops. Conclusion Filing an inheritance case in Dubai does not have to be complicated. These matters can be handled effectively and with respect when families have the appropriate documentation, understand the legal procedures, and work alongside a knowledgeable inheritance lawyer. Timely legal advice is essential for expatriates and couples. A probate lawyer can help ensure that your intentions are properly carried out in compliance with UAE law while also protecting your loved ones, whether you are planning for the future or handling an ongoing estate. Author: Awatif Al Khouri

If you’re dealing with a separation or divorce in the UAE, one of the first things you’ll come across is custody vs. guardianship in the UAE. For many expats, this can feel unfamiliar because both ideas are often bundled together. In the UAE, they are treated as two separate roles, and understanding that difference early can save a lot of stress later. Custody is about who the child lives with and who looks after them every day Guardianship is about who makes the bigger life decisions Both matter. And in most cases, both parents remain involved, but in different ways. What Custody Actually Means Custody is really about the child's daily life: where they live, who gets them ready for school, and who makes sure they eat, sleep, and feel safe and loved every day. It includes the little things that happen every day that make a child feel safe and at home. When children are still young, courts typically assign them to the mother. That being said, it's not a hard and fast rule. The main question is always which parent can provide a more stable and supportive environment every day. It's not something that can't be changed. The court can step in and look at the situation again if things change, like if you move to a different country, change your living arrangements, or are worried about the child's health. What Guardianship Means Guardianship is different. It’s less about daily care and more about responsibility and authority. A guardian typically handles the following: Education decisions Travel approvals Major medical choices Financial matters relating to the child Most of the time, the father is chosen to be the guardian. This comes with financial responsibilities and a long-term duty to care for the child. Why the UAE Splits These Roles The biggest surprise for many expats is that the parent who lives with the child doesn't always make all the choices. The system divides it into: Custody Guardianship The idea is to make sure the child receives both daily support and structured decision-making, even if the parents are no longer together. What This Looks Like Day-to-Day This is where things become clearer. Even if the child lives with the mother, the father can still choose which school the child goes to. A parent who has custody may need permission before traveling with the child. The guardian may need to agree to big medical procedures. These situations are often where misunderstandings happen, especially if both parents assume they have the same level of authority. A More Practical Perspective From a practical point of view, cases tend to run more smoothly when both roles are understood from the beginning. Professionals like Mrs. Awatif Al Khouri often highlight that many custody disputes aren’t really about rights, they’re about communication breaking down. When parents treat custody and guardianship as shared responsibilities rather than competing ones, outcomes are usually more stable for the child. What Expats Should Be Careful About If you’re not from the UAE, there are a few areas where people often get caught off guard: Travel You may not be able to travel freely with your child without the guardian’s approval, even if the child lives with you. Relocation Moving to another country with your child is not straightforward. Courts will look closely at how it affects the other parent’s access and the child’s stability. Assumptions from Home Country Many expats assume custody includes full decision-making power, but in the UAE, that’s not the case. When Legal Advice Helps It’s worth speaking to a custody lawyer in the UAE if: You’re separating and have children There’s a disagreement about schooling or travel One parent wants to relocate You’re unsure about your rights or responsibilities Working with the best law firm in the UAE for your situation can help avoid procedural mistakes, which surprisingly are often what weaken cases the most. Conclusion At first, the system might seem complicated. But once you see how custody and guardianship fit together, it starts to make sense. One focuses on the child’s everyday life. The other looks at the bigger picture. Understanding that balance early can make a difficult situation far more manageable for both parents and, most importantly, for the child. Author: Awatif Al Khouri

How to Win a Child Custody Case in Dubai Introduction If you’re in the middle of a custody dispute, you’re probably not thinking in legal terms. You’re thinking about where your child will live, how often you’ll see them, and what their life is going to look like after all of this settles. Especially for expats, there’s an added layer of uncertainty. Different system, different expectations. It can feel like you’re trying to figure things out while already under pressure. What helps, though, is understanding one simple reality early on: the court isn’t interested in who’s “right” between the parents. It’s trying to decide what situation is going to work best for the child. That might sound obvious, but it changes how you should approach everything. Child Custody Decisions: Why Stability Matters More Than Blame A lot of parents come into custody cases thinking they need to prove the other side is at fault. Sometimes they focus heavily on past issues, hoping that will tip things in their favor. In practice, that rarely works the way people expect. Judges tend to step back from the conflict and look at the bigger picture. They’re asking questions like: Where is the child more settled? Who has been consistently present? What kind of routine does the child have? It’s less about what went wrong in the relationship and more about what life looks like for the child now. The Quiet Things That Make a Difference This is the part most people don’t realize until they’re already deep into the process. Big claims don’t carry as much weight as consistent, everyday involvement does. If you’re the parent who Knows the child’s schedule without thinking Handles school communication Takes them to appointments Keeps their routine steady On the other hand, trying to suddenly “prove” involvement at the last minute often feels forced. Stability Counts More Than Almost Anything Else You don’t need to present a perfect life. Courts aren’t expecting that. But they do pay attention to whether the child’s life feels stable. Same school, predictable routine, a home environment that doesn’t keep changing. Even small disruptions, frequent moves, unclear plans, and inconsistent schedules can raise questions. How You Act During the Case is Important This is where people sometimes lose ground without realizing it. Custody disputes can get emotional quickly. Messages get sent in frustration, conversations escalate, and things are said that don’t help later. The problem is, a lot of that doesn’t stay private. It often becomes part of the case. From the court’s perspective, how you handle pressure says something about how you’ll handle parenting long-term. Staying measured even when the situation isn’t makes a difference. More than most people expect. Cooperation Over Conflict: How Courts View Co-Parenting You don’t have to agree with the other parent and you don’t have to pretend everything is fine, but completely shutting them out or constantly attacking them usually backfires. Courts generally lean toward arrangements where the child maintains a relationship with both parents, unless there’s a serious reason not to. So the question becomes, are you making space for that or resisting it? That answer often carries weight. Why Legal Guidance Matters More in Expat Custody Cases A lot of expat parents worry they’re at a disadvantage. That’s not really the case, but the situation can be more technical. Things like: Whether one parent wants to relocate Travel permissions for the child Which legal framework applies These details can shape the outcome quite a bit. This is usually where a good child custody lawyer in Dubai or an experienced family lawyer in the UAE becomes essential, not just for court but also for understanding what’s realistic before things escalate. How Minor Decisions Can Weaken a Custody Claim Interestingly, it’s not always major issues that weaken a case. It’s things like: Acting out of frustration and then having to explain it later Not following procedures properly Making decisions that seem small at the time but raise concerns. A More Practical Observation If you look at how a good child custody lawyer in Dubai handles custody matters in Dubai, there’s a noticeable pattern. The approach is rarely aggressive. It’s usually controlled, steady, and very focused on the child’s day-to-day reality. That kind of approach has been reflected in the work of practitioners like Mrs. Awatif Al Khouri, where outcomes tend to come from consistency and preparation rather than confrontation. Conclusion There isn’t a single move that “wins” a custody case in Dubai. But there is a pattern. The parent who comes across as stable, reasonable, and genuinely focused on the child’s life, not just the dispute, is usually the one the court is more comfortable trusting. And once you understand that, the whole process starts to feel a bit clearer. If you’re in this situation, getting the right advice early from a family lawyer in the UAE can make a real difference, not just in the outcome but also in how you handle everything leading up to it. Author: Awatif Al Khouri

Introduction International travel is not merely recreational for numerous expatriate families in the UAE, it is essential for the preservation of family bonds that transcend national boundaries. However, in cases of separation or divorce, a child’s capacity to travel overseas caused legal problems. Under the previous legal framework, the guardian had broad authority to restrict or prevent a child’s travel, which often led to disputes. The 60 Day Travel Provision The 60 day travel provision in Federal Decree-Law No. 41 of 2024 helps resolve parental standoffs regarding international travel. Under the general rule, Article 116(1) says that a custodial parent must obtain prior written consent of the other parent or guardian before travelling with the child outside the State. Article 116(2) gives the court the power to grant authorization for a period not exceeding 60 days in a year in order to avoid unreasonable refusals by the guardian. The court also has the right to extend the 60 days for the child's best interests, for any cause, including medical or urgent necessity that the court  deems appropriate. Also, the court is legally required to implement measures to ensure the child's return to the State. These changes signify a substantial improvement over Article 149 of the 2005 Law, which required the tutor's written approval for any travel outside the State. The previous legislation permitted a parent to submit a refusal by the guardian to the judge, however, it lacked a codified, specific time-limited window for court authorized travel. Under that previous regime, the absence of clear timeframes often resulted in prolonged travel bans that hindered the international lives of expatriate and separated families. The 2025 reforms achieve a balance between the child's right to maintain international relationships and the non-custodial parent's right. Legal Custody and Document Possession One of the most stressful situations for divorced parents pertains to the custody of the child's physical documentation. The new law effectively ends this conflict by clearly dividing responsibilities to prioritize the child’s daily stability. Under Article 117(1), the law acknowledges a balance, i.e., while the guardian (typically the father) generally keeps the child’s passport, he is legally required to deliver it to the mother whenever travel is planned. To prevent this from becoming a point of leverage, Article 117(2) provides a safeguard, if the father "unreasonably refuses" to hand it over, a judge can intervene and order that the mother keep the passport directly. These changes are even more useful for everyday living. Article 117(3) gives the custodial mother the right to keep the original birth certificate and identity card (Emirates Identity Card). This shift is profoundly human, it means that a mother doesn't have to ask for permission every time. The law gives her these powers, which take away much of the stress and allow parents to focus on raising their child rather than fighting over paperwork. Financial Responsibility and Adult Autonomy The 2025 Personal Status Law introduces critical clarity regarding the fiscal and personal rights surrounding a child's records. Article 124 states that the father is legally responsible for all of the child's identification documents, including their issuance and renewal up to date. This provision removes a frequent source of friction, ensuring the custodian has the authority to manage the child's daily needs without being hindered by financial disputes. Parallel to this is the significant advancement of adult autonomy under Article 117(4), which grants children the right to retain their own passports and identity documents once they reach 18 years of age. The 2005 law originally lacked these specific mandates regarding renewal fees and automatic document retention. Historically, the absence of such precise legislation led to frequent disputes over administrative expenses and document possession, which the new reforms now decisively resolve. Safeguards under the law To ensure that expanded travel freedoms do not lead to legal abuses, the law implements rigorous safeguards against parental child abduction. Under Article 252, the law imposes significant penalties on any custodian who takes a child out of the UAE without the guardian's permission or a court order. Violators face imprisonment and/or a fine ranging from AED 5,000 to AED 50,000. Furthermore, Article 124 acts as a deterrent against the misuse of identification documents. While the custodian is entitled to hold the child's papers, they are strictly prohibited from using them for travel without consent or in any way that harms the guardian’s rights or contradicts the child's best interests. If these provisions are violated such as using documents for unauthorized personal gain, the guardian is legally empowered to request that the court strip the custodian of these documents to prevent further risk. Conclusion The 2025 legal changes are a big step forward in finding a balance between the needs of modern, mobile families and the necessity for stability. These changes to custody laws in the UAE place the child's right to have a normal life first, while also making sure that both parents' rights are protected in a clear and enforceable way. The change to the Gregorian calendar under Article 2 for the calculation of all time periods is a significant update that further aligns the UAE with international standards. Federal Decree-Law No. 41 of 2024 makes the UAE's family law a welfare-based system that focuses on the child's stability during minority period. Author: Awatif Al Khouri

Living in another country gives you freedom and opportunities, but you also have to learn the laws there. The UAE has some of the strictest drug laws. Even a small mistake, like taking the wrong medicine, having a small amount of a controlled substance, or carrying things that are not allowed, can get you in a lot of trouble, including long prison sentences, fines, deportation, and travel bans. In this article, we talk about the legislation, typical mistakes, and how a lawyer may protect your rights. What UAE law says: drug offences & penalties (short overview) The UAE follows a stringent zero‑tolerance approach to narcotics and psychotropic substances. Under the governing law (Federal Decree-Law No. 30 of 2021 on Combating Narcotics and Psychotropic Substances), possession, use, trafficking, import/export, or even unintentional carrying of controlled substances is strictly prohibited, unless authorized for medical or scientific purposes. Under Article 41, a penalty can result in a minimum of 3 months’ imprisonment or a fine of AED 20,000–100,000 for an act committed for the first time. For a second offense within three years, you could go to jail for at least 6 months or pay a fine of AED 30,000 to AED 100,000. For a third or later offense, you may go to jail for at least 2 years and pay a fine of at least AED 100,000. Ignorance or unintentional exposure (for example, through tainted objects) is rarely an acceptable defense. How a criminal lawyer may aid with drug-related offenses In a thorough manner, a criminal attorney will carefully assess the legality of the search, the reliability of the drug testing, and the appropriate handling of the evidence. All of these aspects will be taken into consideration. In certain instances, a case may be completely dropped, or the charges against the defendant may be reduced as a result of relatively minor procedural faults. This may occur occasionally. In addition, it is the duty of an attorney to make certain that the rights of their client are safeguarded in accordance with the guidelines established by the UAE. The right to have a fair trial, the right to have legal representation, the right to have aid with translation, and the right to have medical examinations are all included in this. At the very beginning of the process, the attorney will create a defense strategy that is oriented on safeguarding the client and lowering fines to the maximum extent feasible. This defense strategy ensures that the client is protected. In certain circumstances, individuals, particularly those who are coming into contact with the legal system for the very first time, may have the opportunity to participate in alternatives to incarceration, such as rehabilitation or treatment programs. Those who are not citizens are at risk of experiencing consequences that are far more severe than those previously mentioned. It is possible for convictions to result in a range of immigration implications, such as deportation, travel restrictions, and other restrictive measures. The ability to communicate these risks in a manner that is both clear and brief while yet adhering to the limits of the law is a skill that an attorney possesses. This allows the attorney to lessen or manage the effects of these risks. When someone is being detained, questioned, or arrested, it is vitally important for them to have legal counsel. It is the responsibility of an attorney to prevent confessions from being gained by coercion, to make certain that the appropriate procedures are followed, and to make every effort to get bail or release whenever it is feasible to acquire either of these outcomes. Real-life situations when expats commonly need to hire a lawyer Expatriates commonly seek the advice of legal counsel in practical situations, particularly at airports or border crossings. This makes it a common practice for them to do so. Those who are found to be in possession of even trace amounts of illegal drugs, prescribed medications, or contaminated things in their luggage are susceptible to arrest. This includes tourists and travelers who are in transit. In terms of accusations that are associated with drugs, the UAE maintains a policy of zero tolerance. As a consequence of this, even behavior that is regarded as being social or informal might potentially result in legal repercussions. It is possible that having skilled legal representation can have a substantial impact on the protection of one's rights and future in situations like these. It is essential to obtain the services of a lawyer in circumstances when an accusation or arrest has been made without adequate explanation. This is because it is possible to question the validity of the arrest, the evidence that was supplied, and any procedural flaws that may have occurred along the proceedings Simple analogies to explain the lawyer’s role Going it alone is akin to entering a minefield; even a small quantity, an outmoded prescription, or a lack of legal representation can have dire repercussions. Hiring a lawyer means you have an expert who knows how to handle the situation, the law, and the best methods to go about it. The difference between mitigation and no representation is like having a skilled pilot fly through turbulence: it doesn't ensure a perfect landing, but it makes it far more likely that everything will go well compared to going it alone. Practical tips for expats: what to do (or avoid) Never assume something is “just for personal use”—even small amounts of controlled substances can lead to prosecution. Leave anything potentially questionable behind. Always carry a proper prescription and documentation if using medication containing controlled substances. If arrested, ask for a lawyer immediately; do not sign statements or confess before legal advice. Gather and preserve any evidence—prescriptions, receipts, medical records, witness contacts; this helps legal defense. Do not trust “pay‑to‑resolve” schemes—only a licensed lawyer or authorized authority can help legitimately. If you know someone facing charges, act quickly—delays often reduce chances of bail or mitigation. Conclusion The UAE’s zero‑tolerance drug laws leave no room for error. For expats, the stakes are extremely high: jail time, heavy fines, deportation, travel bans, ruined records, and personal trauma. A criminal lawyer isn’t just helpful; they can be the lifeline when the worst happens. Author: Awatif Al Khouri

Legal Problems and Practical Solutions for Foreigners in the UAE Who Are Charged with a Crime Generally, the UAE is a safe place to reside, work, or visit; however, foreigners may experience anxiety when they are accused of committing a crime or encounter legal obstacles. Some laws may be unfamiliar to you, events may occur rapidly, and the consequences may be detrimental. Therefore, understanding the mechanics of criminal defense and when to consult a criminal counsel in the UAE can be the deciding factor between a manageable outcome and life-altering repercussions. This article talks about the real legal problems that foreigners face in UAE criminal cases, how the system works, and the practical ways to protect your rights. A Simple Guide to Criminal Law in the UAE The UAE has a civil law system that is heavily based on federal law. This is different from common-law countries like the UK or US. The Public Prosecutor, brings criminal cases to the court. Important point: Intent is not always necessary. Even if you "didn't mean it," some things can still be illegal. This is why it's important to get advice from a criminal lawyer in the UAE. What kinds of crimes do foreigners in the UAE usually get charged with? Crimes in relation with money and business This often catches expats and investors off guard. For example: Bounced checks (if there is fraudulent intent) Breach of trust Lying or cheating Liability of company directors A real-life example: A check is just a way to pay in many places. In the UAE, it's more like a legal promise. Cybercrimes Things people often do wrong: Threats or insults on WhatsApp Defamation on the internet Sharing private or confidential information Recording someone without their permission A casual message sent in anger can turn into a police report   Drugs, alcohol, and behavior in public Both tourists and residents can be charged with: Alcohol Consumption in public places & without license Possession of drugs (even small amounts) Gestures or words that are disrespecful   Accusations of personal and moral wrongdoing Bullying Attack Disputes at home Complaints of defamation Fights between friends can turn into criminal cases. Common Legal Problem Foreigners Face Barriers to Language and Procedure: Arabic is the language of all official business. Without proper legal translation and representation, things can get confusing. Where Travel Ban Applies? A criminal complaint can lead to an automatic travel ban, sometimes before you are notified. Investigations move quickly, limiting your time to respond. Delaying legal representation can restrict your defense options. Criminal cases may also impact your visa and residency status. Consequences upon Conviction Penalties Jail term Deportation Blacklist Steps You Can Take Legally as a Foreigner in the UAE Foreigners have the right to: ✔ Legal representation ✔ Help with interpretation ✔ The presumption of innocence ✔ The right to appeal ✔ Bail (if applicable) A qualified criminal lawyer in the UAE makes sure that these rights are upheld. How A Criminal Lawyer UAE Helps Early Case Intervention Taking legal action early can: Avoid getting arrested Avoid travel bans or remove (if applicable) Close cases that are still being looked into   Representation for the police and prosecution Your lawyer helps in: Questioning by the police In Investigations by the prosecution Hearings in the court Defense and Negotiation That Works Not every case goes to court. A lot of them are solved by: Legal notes Settlements Case dismissed because of lack of evidence Appeals and lowering sentences If found guilty, a criminal lawyer in the UAE can help: To appeal Try to reduce the sentence Convert jail time to fines, where possible   Facts That Are Interesting (100% True) The UAE is always one of the safest places, but the law here is strictly followed. With the right legal help, many criminal cases involving foreigners are settled before they go to trial. Advice for Foreigners Who Are Accused of a Crime ✔ Don't talk to the police without a lawyer. ✔ Don't sign documents you don't understand especially Arabic documents ✔ Don't talk about your case on social media. Call a criminal lawyer in the UAE right away. Keep copies of your contracts, visas, and passports. Conclusion It can be scary to be accused of a crime in another country, but knowing what to do and acting quickly can make all the difference. Understanding the UAE criminal law, the rights, and how important it is to hire a good criminal lawyer can help keep your freedom, reputation, and future safe. The right legal defense can turn uncertainty into control, whether you are an expat, a business owner, a tourist, or an investor. Author: Awatif Al Khouri

Introduction No one plans to deal with a drug case in the UAE. Yet it happens more often than people think, especially with expats who are unfamiliar with how strict the rules are here. Sometimes it’s not even intentional. It could be medication from back home, something left in a bag, or even a situation where a person didn’t realize how seriously certain substances are treated. But once a case starts, it becomes very real, very quickly. That’s usually the point where people begin searching for a drug crime lawyer in the UAE, hoping to understand what they’re facing and what can actually be done. Why these cases escalate so quickly The UAE doesn’t take a relaxed approach to narcotics. The law, mainly Federal Decree-Law No. 30 of 2021, is strict by design. It’s meant to deter, not excuse. What catches people off guard is how broad the scope can be. It’s not just about large quantities or trafficking. Even small amounts, or simply testing positive, can lead to legal trouble. There have been situations where someone thought they were completely fine, only to find themselves being questioned because of something they didn’t think twice about earlier. That shock is very real, especially for people who have never dealt with the legal system before. The reality of the penalties There isn’t a single outcome that applies to every case. It depends on the details of what was found, how it was found, and what the authorities believe the intent was. For some, it may involve fines or short-term detention. For others, especially where there is suspicion of distribution, the consequences become far more serious. And for expats, there’s always that added layer in the background: the possibility of deportation once everything is over. This is why people often say the same thing after the fact, they wish they had taken the situation more seriously from the very beginning. Where a narcotics lawyer really makes a difference From the outside, it might seem like a straightforward process. But in reality, drug cases often come down to details that aren’t obvious at first glance. A narcotics lawyer in Dubai doesn’t just “represent” you in court. They look closely at how everything unfolded. Was the search carried out properly? Was the testing handled correctly? Is there a clear basis for the charge, or Are assumptions being made? These questions matter more than people expect. In some cases, they can completely change how the situation is viewed. What people mean when they say “the best lawyer.” Most people start by asking for the “best.” What you really need is someone who understands this specific type of case and knows how to handle it calmly. Experience helps, of course. So does knowing how the courts tend to approach these matters. But beyond that, it often comes down to how the lawyer deals with pressure and how clearly they guide you through it. Some practitioners are known for exactly that. Mrs. Awatif Al Khouri is often appreciated not because of titles but because of the way she handles complex situations steadily, measuredly, and focused on keeping the client informed rather than overwhelmed. That kind of approach can make a difficult situation feel more manageable. What the process actually feels like On paper, there are stages: investigation, prosecution, Court, Judgment. In reality, it doesn’t feel that neat when you’re going through it. There’s uncertainty, waiting, and a lot of questions. You may not always know what comes next. You may hear different things from different people. That’s normal. This is where having the right legal support matters most, not just for the legal arguments but for clarity. Someone who can explain what’s happening in plain terms, without making things sound more complicated than they already are. If you’re in this situation right now The instinct to panic is completely understandable. But the way you respond early on can make a difference later. It helps to slow things down, even slightly. Don’t rush into signing documents you don’t fully understand. Don’t assume things will “sort themselves out.” Most importantly, speak to someone who deals with these cases regularly. The earlier that happens, the more options you usually have. In practice, working with experienced professionals such as Mrs. Awatif Al Khouri is often helpful at this stage, as they tend to focus on giving clear, practical guidance without adding to the pressure of an already difficult situation. Choosing the right person to represent you At some point, it becomes less about searching online and more about how you feel after speaking to a lawyer. Do they explain things clearly? Do they seem to understand your situation without overpromising? Do you feel like they are actually listening? Conclusion Drug cases in the UAE are serious, even when they might not feel that way at the beginning. That’s just the reality of how the law works here, and it’s why taking things seriously from the start really matters. The right drug crime lawyer in the UAE or narcotics lawyer in Dubai won’t be able to change what has already happened, but they can make a real difference in how your case is handled, explained, and argued. And in situations like this, that can go a long way. Just as important is having someone who stays calm and keeps things clear for you. People often value practitioners like Mrs. Awatif Al Khouri for that reason—someone who doesn’t overcomplicate things and instead helps you understand where you stand and what comes next. Author: Awatif Al Khouri

Introduction The United Arab Emirates has established a comprehensive legal framework to combat Money Laundering (ML), Terrorism Financing (TF), and Proliferation Financing (PF) that aligns with international norms and FATF guidance. The cornerstone of this regime is Federal Decree Law No. 10 of 2025, which superseded previous legislation to address evolving financial threats and enhance the nation's ability to safeguard its digital and physical economy. The legal framework implements an "all crimes approach" to money laundering, meaning that handling the proceeds of any felony or misdemeanour is a criminal offence. A conviction for the original predicate offence is not necessary to establish the illicit source of funds, as money laundering is considered an independent offence. A Predicate Offence is defined as “any act constituting a felony or misdemeanor, including terrorism financing, proliferation financing, and evasion of direct and indirect taxes, in accordance with the applicable legislation of the State” under Article 1 of the 2025 Law. Terrorism financing is a crime that includes the collection of funds for terrorist acts, people, or groups on purpose, no matter whether the funds are from legitimate or illegitimate sources. Furthermore, proliferation financing is legally defined as the illicit trade in materials or technology contributing to the development of weapons of mass destruction, in accordance with United Nations Security Council resolutions. High-Risk Sectors The UAE's status as a global trade centre generates particular vulnerabilities in numerous sectors such as Financial Institutions, Designated Non-Financial Businesses and Professions (DNFBP) and Virtual Assets (VA) among other sectors. The banking sector is the most common place for financial crimes due to its size and global interconnectedness. It is commonly the target of impersonation fraud and Business Email Compromise (BEC). Article 3 of Cabinet Resolution No. 134 of 2025 includes Real Estate and Dealers in Precious Metals and Stones (DPMS) under the DNFBP sector. Real Estate, which is classified as a high-risk sector because it allows for the movement of large sums in single transactions, is often used to obfuscate the proceeds of drug trafficking and fraud. Dealers in Precious Metals and Stones are also vulnerable due to the cash-intensive nature of the business and the ease with which gold and diamonds can be moved across borders. Virtual Assets (VA) are considered to have a high level of residual risk because blockchain technology makes transactions anonymous, and mixers conceal their origins. Article 1(1) of AML Law defines virtual asset as a “digital representation of value that may be digitally traded or transferred and may be used for payment or investment purposes, excluding digital representations of fiat currencies, securities, or other Funds.” The institutional frameworks for AML/ CFT in the UAE The United Arab Emirates (UAE) has established a comprehensive institutional framework to combat money laundering (ML) and terrorist financing (TF), involving cooperation between numerous federal and local authorities. The overall direction of the nation’s anti-financial crime efforts is led by the Higher Committee Overseeing the National Strategy on AML/CFT, which is responsible for evaluating strategies and proposing essential draft laws. The National Committee (NAMLCFTC) is responsible for making policy decisions, developing national strategies, and determining risk levels across industries. The General Secretariat of the National Committee (GS-NAMLCFTC) is responsible for operational leadership and national coordination. This body ensures that changes are consistent across all seven emirates and that they comply with international standards, such as those set by the FATF. The UAE Financial Intelligence Unit (UAEFIU), housed within the Central Bank, is an independent group and a key part of the country's ability to identify criminals. All financial institutions, virtual asset service providers (VASPs), and non-financial organizations send Suspicious Transaction Reports (STRs) and information about criminal proceeds to the UAEFIU. It analyzes this data and disseminates intelligence to relevant law enforcement agencies for further investigation. FIs, DNFBPs, and VASPs must report any suspicious transaction, regardless of the amount involved. Suspicious transaction is defined to include transactions related to funds for which there are reasonable grounds to believe that they are earned from any misdemeanour or felony or related to the financing of terrorism or of illegal organisations, whether committed or attempted. The UAE utilizes a risk-based supervisory regime to ensure that private sector entities comply with their AML/CFT obligations. Supervision is carried out by the Central Bank of the UAE (CBUAE), the Ministry of Economy (MOEc), the Ministry of Justice (MOJ), the Securities and Commodities Authority (SCA), and the Virtual Assets Regulatory Authority (VARA) for virtual assets. The Regulatory and Enforcement Framework The UAE utilises an integrated legal framework to combat these crimes, and enforcement includes Targeted Financial Sanctions, Asset Recovery, Confiscation , and stringent penalties. Targeted Financial Sanctions (TFS) under Article 1 are the immediate freezing of funds belonging to individuals or organizations on domestic or UN terrorist lists. Asset Recovery is a comprehensive process that includes identifying, tracing, seizing, and ultimately confiscating assets derived from criminal activity or funds of equivalent value. Confiscation refers to the permanent removal of ownership rights over such property or funds once they are proven to be linked to a crime, according to Article 1. The law also imposes strict penalties for offences under Articles 26 and 27, for money laundering and terrorism financing. Companies or other legal entities may be subject to considerable financial penalties that may exceed AED 100 million, while individuals convicted of these crimes may be sentenced to several years of imprisonment. Furthermore, the law mandates the deportation of foreign nationals upon the conclusion of a custodial sentence for serious financial crimes under Article 36. Conclusion The United Arab Emirates has shown that it is fully committed to making its financial system stronger against the evolving challenges of money laundering and funding terrorism. To ensure that policy-making and financial intelligence operate efficiently, the state has established a sophisticated institutional framework. This framework is supported by rules and regulations governing the financial sector, real estate, and precious metals dealers. Furthermore, the UAE's proactive response to emerging threats, especially in the virtual assets sector, shows its capacity to promptly address problems arising in the global digital economy. In this regard, the National Strategy for Anti Money Laundering and Countering the Financing of Terrorism 2024-2027 is a significant progression, and the objective remains to combat complex financial crimes and preserve the country's status as a secure, transparent global financial hub. Author: Awatif Al Khouri

Introduction If you’re going through a divorce in Dubai, chances are the first question on your mind is not about assets. It’s about child custody. Who will they live with? Will I still make decisions for them? Can my spouse take them out of the UAE? I’ve seen many parents assume they already know the answer. Some believe the mother automatically gets custody. Others think the father controls everything. The reality under child custody law in Dubai is more balanced and more case-specific than most people expect. Before the process starts, understanding custody vs. guardianship is one important clarification. In the UAE, “custody” and “guardianship” are not the same thing. Custody (hadana) usually means daily care, where the child resides and who is in charge of school routines, food, homework, and basic parenting. Guardianship (wilaya) typically remains with the father in Muslim family cases. This includes financial responsibility and major decisions like education, travel permissions, and official documentation. This distinction alone surprises many expats. Even if one parent has physical custody, the other usually still has legal authority in important matters. The Custody Process in Dubai—Step by Step Step 1: Family Guidance (Mandatory Mediation) Before a judge hears anything, parents must attend the Family Guidance Section. This is not a courtroom. It’s a structured mediation session. The goal is simple: can the parents agree on custody and visitation without litigation? Sometimes they can. And when they do, it saves time, cost, and emotional strain on the child. If no agreement is reached, the file is referred to the Personal Status Court. Step 2: Custody Case Filing A formal claim is to be submitted to the court. Documents typically include: Marriage and divorce certificates Children’s birth certificates Emirates IDs and passports Proof of residence Any evidence showing who has been caring for the child Everything must be translated into Arabic if it isn’t already. This is usually the stage where people realize the process is more technical than expected. A small procedural error can delay hearings. That’s why many parents consult a child custody lawyer in Dubai at this point, not because they want conflict, but because they want clarity. Mrs. Awatif often explains to her clients that custody cases are rarely lost because someone “doesn’t care,” but because paperwork was incomplete, deadlines were missed, or the right evidence was not presented at the right time. Working with the best child custody law firm ensures that documents are filed correctly, supporting evidence is organised properly, and the case is positioned clearly before the court from day one. Step 3: Court Hearings The judge will schedule hearings where both sides explain their positions. In reality, the court focuses on practical questions: Who has been the primary caregiver? Where is the child most stable? Is schooling consistent? Are there signs of conflict affecting the child emotionally? Judges are generally cautious about disrupting a child’s routine unless there is a strong reason. Step 4: Appointment of Social Expert If custody is seriously disputed, the court may appoint a social expert. This part is often underestimated. The expert may visit homes. Speak to both parents. Sometimes speak with the child, depending on age and maturity. The report assesses stability, emotional environment, and parenting approach. Judges rely heavily on these reports. This stage showcases responsible parenting. This is also where it can be quite helpful to get advice from a child custody lawyer in Dubai who has been doing this for a long time. Step 5: Temporary Orders (If Necessary) In cases of emergency, especially for travel, the court usually issues temporary measures. For expats, this is significant. The UAE courts are careful about international relocation. Without guardian consent or court approval, a custodial parent is typically unable to permanently relocate a child abroad. Travel restrictions may be imposed if there is concern about removal from the country. Step 6: Judgment The judges issue a final decision after reviewing submissions and social reports, if any. The child's best interest and the benefit of the child are considered by the court The judgment usually states: Physical Custody The schedule for visitation Responsibilities of the guardian Financial obligations Conditions on Travel Who Usually Gets Custody? In most Muslim cases, the mother usually gets physical custody of the child, provided she is capable of taking responsibility. However, it is not automatically applied Courts observe: Stability of Emotions The place of residence (surroundings) Involvement of parents Ability to meet daily needs In cases of non-Muslim families, joint custody is presumed and may be common. Nevertheless, the court evaluates the best interests of the child. Can Custody Be Changed Later? Yes. Custody is not permanently fixed if circumstances change significantly. Relocation, remarriage, and proven instability affect the child’s environment. Through these factors, by a formal court application, custody arrangements can be altered. Practical Advice for Parents If you are navigating this process, keep a few things in mind: Judges notice parental behavior. Hostility rarely helps. Stability matters more than dramatic allegations. Keep documentation of school involvement and expenses. Avoid making decisions based on emotion alone. When looking for the best child custody law firm in the UAE, make sure they have experience in UAE family courts and not just general legal work. You need to know how local judges handle family disagreements in custody issues. Awatif Mohammed Shoqi Advocates and Legal Consultancy is known for its focused experience in UAE family law matters, guiding parents through custody disputes with a practical, child-centered approach and a strong understanding of Dubai court procedures. A child custody lawyer in Dubai can guide you through realistic expectations, especially if your case involves international elements. Conclusion Even if the process feels personal, the custody decisions are structured and process-driven. Above everything, the responsibility of the court is to protect the child's interest and benefit for child custody under UAE law. The judges' sole focus is on stability, safety, and continuity Divorce changes family dynamics. It does not remove parental responsibility. And that principle sits at the heart of how Dubai courts decide custody.  Speaking to an experienced child custody lawyer in Dubai can help you clearly understand your rights and responsibilities. Choosing the top child custody law firm in the UAE simply means your case is handled with care, and your child’s best interests remain the priority throughout. Author: Awatif Al Khouri

Inheritance issues in Dubai can be scary, especially when you think about how much it will cost to hire a lawyer. Many families think that hiring a lawyer for probate or estate issues is too expensive. An affordable inheritance lawyer in Dubai is more than just the lowest fee. It's about getting the right legal help without having to pay more, wait longer, or deal with more problems. This article explains how inheritance law works in the UAE, what factors influence legal fees, and how to find a cost-effective solution without sacrificing your rights. Understanding Inheritance Law in Dubai There are different laws that govern inheritance in Dubai based on religion and nationality: Muslims must follow Federal Decree Law No. 41 of 2024, which includes Sharia-based rules for inheritance. Federal Decree Law No. 41 of 2022 lets people who aren't Muslim choose civil inheritance rules. In some cases, Dubai courts may also accept registered wills and use foreign law. For non-Muslim expats, there is greater flexibility. You can distribute your assets through a registered will instead of the default rules. Without a will, the estate is distributed based on statutory provisions, which may not reflect your personal wishes. This is where a good and affordable inheritance lawyer in Dubai becomes important. Not to complicate things, but to simplify them early and avoid disputes later. What Does an Inheritance Lawyer Actually Do? An inheritance lawyer in Dubai typically helps with: Drafting and registering wills Filing probate applications before the court Obtaining succession certificates Handling asset distribution, including bank accounts and property Resolving disputes between heirs. For clients, the key is to understand that getting legal assistance early on is generally less expensive than rectifying problems later. Many disputes emerge as a result of poor planning. What Makes a Lawyer “Affordable" in Dubai? When something is affordable, it doesn't mean it's cheap in the sense of cutting corners. In other words, it means: A clear fee structure You should know exactly what you're paying for. Some cheap probate lawyers in Dubai charge a set amount to write wills or filings for probate. Good organization of papers Court filings have to be in Arabic, which means that translation costs can add to the total cost. A lawyer who keeps track of paperwork well can cut down on unnecessary copies. Useful advice, not overcomplication You do not need long legal explanations. You need clear steps and realistic outcomes. Avoiding litigation where possible Disputes between heirs can quickly increase costs. A good lawyer focuses on settlement first. Common Cost Concerns in Inheritance Cases Many people hesitate to seek legal help because of cost concerns. Here is what usually affects pricing: Court filing fees Translation and attestation costs Complexity of the estate Number of heirs involved Whether there is a dispute If the estate is straightforward and uncontested, costs are usually manageable. Problems arise when there is no will or disagreements between family members. How to Keep Legal Costs Low If you are looking for an affordable inheritance lawyer in the UAE, these practical steps can make a big difference: Prepare your documents early. Have copies of passports, Emirates IDs, property documents, and bank details ready. This reduces time and legal fees. Register a will in advance. This is one of the most cost-effective steps. It avoids confusion and court delays later. Act quickly after a death Delays in filing probate can create additional legal complications. Choose experience over trial and error. Hiring the wrong lawyer often leads to higher costs in the long run. Inheritance for Expats: Why Planning Saves Money For expats in Dubai, planning for your estate is very important. If you don't have a will: Your assets might be frozen for a short time. Distribution follows the law as it stands. Family members may have to wait longer to get their money. If you want to: You decide how your estate is distributed. Guardianship for children can be clearly defined. The process becomes faster and more predictable. A practical and affordable legal approach focuses on prevention rather than correction. A Useful Way to Get Legal Help Families don't often need complicated legal plans. They need help, that is: Easy to understand Concentrated on results Mindful of costs Experienced professionals like Awatif Al Khouri have been dealing with inheritance and family issues for a long time in a practical way. Most of the time, the focus is on resolving issues efficiently rather than escalating them. Choosing the Right Lawyer for Your Budget When selecting a cheap probate lawyer in Dubai, focus on the following: Experience in UAE inheritance and probate law Ability to explain things clearly Transparent pricing A practical approach to dispute resolution Avoid choosing based only on the lowest price. The right balance is between cost and reliability. Conclusion Finding an affordable inheritance lawyer in Dubai is not about cutting costs at every step. It is about making smart decisions early, understanding the legal framework, and choosing a lawyer who works efficiently. Inheritance issues are often emotional and time-sensitive. A clear, cost-effective legal approach can reduce stress, protect your assets, and ensure your family is taken care of. Professionals such as Awatif Al Khouri are often recognized for handling such matters with a balance of legal precision and practical understanding, helping clients navigate inheritance issues without unnecessary financial strain. In the end, the most affordable legal solution is the one that resolves your matter correctly the first time. Author: Awatif Al Khouri

In a dispute under Civil Personal Status Law for Non-Muslims, Awatif Mohammad Shoqi Advocates & Legal Consultancy acted for the father for the sole custody of the children in what became a significant child custody case in Dubai. The matter was heard at all three levels of the Dubai Courts and offers practical guidance on how the “best interests of the child in the UAE” principle is applied when parents reside in different jurisdictions. The client, represented by Advocate Awatif Al Khouri with the assistance of legal consultants Mr. Karim Adam and Mr. Faraz Salat, sought to ensure continuity and stability for his two children in Dubai following the breakdown of his marriage. The parties had moved to Dubai with the intention of settling there, but the marriage later broke down due to irreconcilable differences. Following the separation, the mother left the UAE and returned to her home country. In spite of this, the father continued to provide the children with care and guidance while they resided with him, strengthening his position in seeking custody rights for the father in Dubai under the UAE law. The case was first heard before the Court of First Instance, where the legal team sought divorce and custody on the father’s behalf. The Federal Decree-Law No. 41 of 2022 on Civil Personal Status was applied by the court to grant the divorce and order joint custody of the children under Article 10 of the law, which implies joint custody as the default action following separation to ensure shared parental responsibility. This reflected the statutory approach to joint custody vs. sole custody UAE matters. The father was granted custody during the school week, while the mother was granted custody on weekends and half of the school holidays, despite the fact that she resides outside the UAE, as per the order. But this arrangement proved to be extremely challenging to perform. In reality, however, this arrangement was difficult to implement. The mother was permanently based in France, while the children’s schooling and day-to-day life were firmly established in Dubai. For these reasons, the firm asked the father to appeal the custody decision and seek sole custody in the UAE as a more practical and legally sustainable outcome. Before the Court of Appeal, the legal team concentrated on how the arrangement worked in practice rather than in theory. They submitted that although joint custody may be suitable in principle, it is not workable where one parent is permanently based in another country. The children were settled in Dubai, attending school in Dubai, and also doing well under the father's care, which was also highlighted by the team. The Court of Appeal undertook a detailed review of the case and appointed a specialized custody committee to assess the children’s situation. The committee's report became a decisive factor in the proceedings. It recorded that although the mother had expressed an intention to return to Dubai at some point in the future, she was, at present, settled in France. The Committee concluded that preserving the existing arrangement, under which the children remained stable with their father in Dubai, was in the best interests of the child in the UAE. Considering the circumstances, it was also observed that joint custody was only possible theoretically but not practically, since its core requirement was that both parents be able to exercise direct and continuous supervision for the children. The Court of Appeal overturned the custody decision issued by the Court of First Instance on the basis of the above observation. Hence, the court in its judgment awarded sole custody to the father in Dubai, granting the father full guardianship, including responsibility for the children’s education and healthcare. The court held that the best interests of the child in the UAE are the overriding consideration and may justify a departure from the default presumption of joint custody. As the main and key concern was stability for the children, awarding sole custody in the UAE was the best and most workable legal outcome. This decision of the Court of Appeal was challenged by the mother before the Court of Cassation. The mother presented her arguments by stating that the law was wrongly applied and also ignored her rights. She also requested new claims, which were not put forth in the earlier stage of proceedings, for retrospective alimony and compensation. In its final judgment, the Court of Cassation dismissed the appeal in full and upheld the decision in favor of the father secured by Awatif Mohammad Shoqi Advocates & Legal Consultancy. The Supreme Court maintained that shared custody is the norm, but the courts can provide sole custody in the UAE if it is in the child's best interests. The court agreed with the decision to give custody to the father since it was based on reasonable grounds and supported by facts, especially since the mother's residence was in another country and she couldn't share custody. It also rejected the additional financial claims, confirming that matters not raised before the Court of First Instance cannot be introduced for the first time on appeal. This case demonstrates the approach adopted by UAE family courts in prioritizing the practical well-being of children over stringent procedural norms in joint custody vs. sole custody UAE cases. It also speaks about the importance of legal representation while navigating the Civil Personal Status Law. Advocate Awatif Al Khouri, supported by Mr. Karim Adam and Mr. Faraz Salat and the firm, not only achieved a favorable outcome but also reinforced that the best interests of the child in the UAE remain the primary consideration for custody matters in Dubai. Author: Awatif Al Khouri

Overview Divorce is rarely straightforward, and when significant assets are involved, the legal questions can become genuinely complex. This case, which was heard by the Dubai Courts and ultimately reached the Court of Cassation, is a good example of how those questions get answered in the UAE. Both parties were expatriates, and the dispute touched on some fundamental issues: who really owns an asset when a marriage ends, how to prove something was wrongfully taken, and what financial support does one spouse owe the other? The answers the courts reached have real practical value for anyone navigating a similar situation. Background The couple got married according to the rules of Sharia. When their relationship ended, they first went through the Family Guidance Committee, which is a required step before court proceedings can begin. However, they were unable to come to an agreement. The case then went to court. The husband was represented throughout the proceedings by Awatif Mohammed Shoqi Advocates and Legal Consultancy. The main issue was money and property: who had the right to financial help and who owned different valuable things. Judicial Proceedings The Court of First Instance first affirmed the divorce based on an admission made during the public prosecution procedures. The divorce was considered final, and the court determined the amount of financial support owed, which comprised monthly maintenance, a housing allowance during the waiting period, and a consolation payment. The sums were calculated using the evidence provided and the date from which entitlement could be determined. The dispute over the other asset raised a question that comes up often in divorce cases: Does the name on the registration documents settle the question of ownership? The court said yes, unless there is a written agreement showing that the registration was merely a formality and that the asset was actually held for someone else. No such agreement existed, so ownership stayed with the registered party. At the same time, a request to make the other spouse continue paying off a financing agreement was rejected. Mrs. Awatif Al Khouri, the Emirati Advocate representing the husband, advanced the argument that the loan was between one party and the bank alone. The court agreed and stated that a party cannot enforce a contract that they were never part of. Claims advanced by both parties alleging misappropriation of assets. Every one of those claims was dismissed at every level of the court process. The reason was simple: the person making a claim has to prove it. Suspicion is not evidence. The courts consistently applied the foundational principle that the burden of proof rests on the claimant and that allegations of this nature require direct evidence. Court of Appeal When the case went to the Court of Appeal, the judges took a much closer look and increased the financial awards to better reflect his means and the lifestyle the couple had shared during the marriage. The decisions on asset ownership and the theft allegations were left unchanged. The court also confirmed a straightforward point: if you accept an asset knowing it has a loan attached to it, you accept the loan along with it. Court of Cassation The Court of Cassation dismissed the appeal and upheld the lower court's decision. In doing so, it restated two principles that matter well beyond this particular case. First, with respect to movable assets, the court confirmed that the trial court retains full discretion in evaluating witness credibility and that inferential testimony is insufficient; direct evidence is needed. The second is about being responsible for contracts. A financing arrangement is a private deal between two or more people. One spouse cannot be forced to keep paying a debt after a divorce if they didn't sign the contract. The fact that they paid during the marriage, whether out of kindness or as part of how the household was run, does not make it a legal obligation once the marriage is over. Conclusion Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy represented the client at all stages of this case. The matter illustrates several features of high-value matrimonial litigation in the UAE that practitioners and parties alike should note. The judiciary's strict adherence to formal evidentiary requirements: registration governs title, written instruments govern contractual arrangements, and unsubstantiated allegations of wrongful taking will not succeed regardless of the value of the assets concerned. Author: Awatif Al Khouri

It is never easy to deal with a loved one's estate. Because of a mix of local laws, international factors, and procedural requirements, the process can feel even more complicated in Dubai. It makes a big difference to know how probate works and how the right lawyer can help, whether you are an expatriate or a UAE national. This guide tells you what to expect, how probate works, and how to choose the best probate lawyer in Dubai for estate cases. What You Need to Know About Probate in Dubai Probate is the legal process of making a will official, paying off debts, and giving property to the heirs. In the UAE, a mix of laws governs probate. Probate in Dubai is governed by a combination of federal laws and emirate-specific procedures, including Federal Decree-Law No. 41 of 2024 on Personal Status, Federal Decree-Law No. 41 of 2022 on Civil Personal Status, and the Civil Transactions Law, as well as Dubai Courts' inheritance procedures, DIFC Wills and Probate Registry rules, and Dubai Land Department regulations for asset transfer. For expats, things can be more complicated. If there is no registered will, the UAE's inheritance laws may automatically apply. This is why you often need legal help right away when you go through probate. Why You Need Legal Help with Probate Cases A lot of people think that probate is just filling out forms. In real life, estate cases in Dubai often include: Bank accounts are frozen. Transfer of real estate limits Problems with owning a business Assets and beneficiaries that cross borders A probate lawyer in Dubai helps you get through these problems quickly and in accordance with the UAE laws. In practice, delays or mistakes can lead to months of complications. This is where professional legal support becomes necessary. Important Steps in Estate Administration in the UAE A probate lawyer in Dubai usually helps with the following: Getting a Death Certificate The first step is to get an official death certificate, which must be signed if it is given out. Freezing and Finding Assets Banks and other financial institutions usually freeze accounts right away. The probate lawyer in Dubai helps find and list all of the assets. Validating the Will (If Available) If the deceased has a registered will, the court will verify its validity. For non-Muslims, this could involve wills registered with DIFC or other recognized registries. Requesting a Probate Order The lawyer files the probate application with the relevant court in the UAE. Paying Off Debts All debts, obligations, and costs must be paid off before distribution in line with the law in the UAE. Dividing up the assets Lastly, the estate is given out according to the will or the laws of inheritance that apply. What to Look for in a Good Dubai Probate Lawyer It's not just about qualifications when you choose a probate lawyer in Dubai. It's about real-world experience and the way of doing things. A good understanding of UAE inheritance laws A probate lawyer in Dubai should know about both Sharia law and laws that aren't based on Islam. Both are often involved in estate cases. Knowledge of court procedures Probate involves filing papers, getting approvals, and going to court. A probate lawyer in Dubai who works on estate cases all the time can avoid delays and mistakes in the process. The ability to solve problems that go beyond borders Many people who live in Dubai own property or have family members abroad. A good lawyer knows how to work on cross-border matters. Advice that is clear and useful A good probate lawyer in Dubai makes options clear without getting too involved with the law. The Importance of Legal Advice in Difficult Estate Cases In real life, probate cases can get very complicated very quickly. For instance: A property can't be sold because the paperwork isn't there. A bank account is still frozen because the court orders are not finished. Family members are fighting over a will. Having experienced legal help in these kinds of situations can help you avoid stress and financial loss. Professionals like Mrs. Awatif Al Khouri often deal with sensitive probate matters like these, especially when careful legal structuring and practical solutions are needed. Her approach shows how important it is to balance legal compliance with real-world outcomes. Common Mistakes to Avoid in Probate Cases Many individuals unintentionally delay the probate process due to avoidable errors: Not registering a will in advance. Delaying the application for probate Not finding all of the assets early. Trying to file legal documents without help Not following the rules for inheritance in the UAE. These significant delays can make things take much longer and make things harder for beneficiaries for no reason. Probate for Expats vs. UAE Citizens Expats In some cases, you can choose to use the law of your home country. Must make sure that the will is properly signed up Have to deal with cross-border legal problems. For UAE Nationals Sharia law usually decides what happens with inheritance. Distribution follows set legal shares. There is more structure to court supervision. A probate lawyer in Dubai helps ensure the process is tailored to the person's family and legal situation. Conclusion In Dubai, probate is more than just a legal process. It is a planned process that needs to be done carefully, especially when multiple assets, jurisdictions, or family interests are involved. The right probate lawyer in Dubai ensures that the estate is managed smoothly, legally, and without unnecessary delays. From court filings to asset distribution, professional support provides clarity during an otherwise difficult time. Experienced professionals such as Mrs. Awatif Al Khouri highlight the value of practical, client-focused legal assistance in estate matters. Her involvement in complex and cross-border probate cases reflects how the right guidance can simplify even the most challenging situations. If you are dealing with an estate case in Dubai, acting early and choosing the right legal support can make all the difference. Author: Awatif Al Khouri

When it comes to inheritance, the UAE uses a mix of civil law and, in some cases, Sharia law. Religion, nationality, and whether a valid will has been registered are all things that affect what law applies. Federal Decree Law No. 41 of 2024 covers personal status issues for Muslims, such as inheritance. Federal Decree Law No. 41 of 2022 gives non-Muslims more freedom. For example, they can use the law of their home country or give out assets based on a registered will. If you don't plan ahead, your assets could be frozen when you die, and they may be distributed according to default legal rules. This can cause family members to have to wait, argue, and lose money. Key Elements of Estate Planning Most of the time, a good estate plan in the UAE includes: Writing and filing a will If you write a will correctly, it will make sure that your assets are given out the way you want them to be. You can also name guardians for your minor children. Structuring Assets You can set up your properties, bank accounts, and investments in a way that makes things easier when you pass them on. Planning for guardianship People often forget about this. If you're an expat with kids, you need to make it clear who will take care of them. Without this, the courts may have to make decisions about custody, which could lead to results you didn't want to look forward to. Family law mostly decides who gets custody of children, but inheritance planning and guardianship clauses in wills are very important for making sure your kids' future is safe. How a Good Lawyer Can Help You Choosing the best estate planning lawyer in Dubai for inheritance planning in the UAE is not just about drafting documents. It is about understanding your personal situation and aligning it with UAE law. A highly rated  estate planning lawyer in Dubai will typically: Explain how UAE inheritance laws apply to your specific case. Advise whether you should opt for UAE law or your home country law. Draft a will that complies with local legal requirements. Ensure proper registration with the relevant power. Talk about custody and guardianship issues in a clear way. A good estate planning lawyer in Dubai will also plan ahead to avoid problems and set up your estate in a way that lowers risks. Practical Challenges Without Proper Planning Many families in the UAE face issues simply because planning was delayed or ignored. Some of the most common problems include: Bank accounts have been frozen for months. Property transfers are being delayed due to a lack of paperwork. Arguments in the family about how to divide up assets. Not sure who will be in charge of the kids Legal actions that could have been avoided completely These kinds of situations can be hard. Well-thought-out inheritance planning in the UAE can avoid these problems for the people you care about. What Family Law Does for Inheritance Inheritance planning in the UAE and family law are closely linked. Marriage, divorce, and child custody are all things that can affect how assets are distributed. For example, in the event of divorce or remarriage, your estate plan may need to be updated. Similarly, custody arrangements can influence guardianship provisions in your will. A lawyer who understands both inheritance and family law ensures that your plan is complete and consistent. This is why many individuals prefer working with a highly rated estate planning lawyer in Dubai who can handle both aspects together rather than treating them separately. A Practical and Human Approach to Planning Estate planning is not only about legal compliance. It is also about understanding your family dynamics, financial goals, and long-term intentions. Professionals who take a practical and human approach tend to focus on: Clear communication in plain language Advice that makes sense based on what happens in the UAE Custom solutions instead of one-size-fits-all templates Being aware of family situations, especially those that involve kids In many cases, experienced professionals like Mrs. Awatif Al Khouri are known for helping families navigate complicated legal systems while keeping the focus on real-world results and emotional clarity. When dealing with sensitive matters, this kind of approach makes a big difference. What to Look for in the Best Inheritance Planning Lawyer When choosing an estate planning lawyer in Dubai for inheritance planning in the UAE, consider the following: Experience in UAE inheritance laws They should be familiar with both Muslim and non-Muslim frameworks. Understanding of cross-border issues This is especially important for expats with assets in multiple countries. Strong drafting skills A will must be precise and legally enforceable. Knowledge of court procedures In case disputes arise, they should be able to handle them effectively. Clear communication Legal advice should be easy to understand and actionable. Final Thoughts Inheritance planning in the UAE is not something to delay. Whether you are an expat or a UAE national, having a clear and legally sound estate plan protects your assets and your family. It also ensures that sensitive issues such as guardianship and custody are handled according to your wishes, reducing the risk of disputes or uncertainty. Working with the best estate planning lawyer in Dubai can make this process straightforward and stress-free. With the right guidance, you can create a plan that reflects your goals and follows all UAE laws. Professionals like Mrs. Awatif Al Khouri combine their legal knowledge with a practical understanding of family needs. This helps people plan their inheritances with confidence and clarity. In the end, estate planning isn't just about money. s. It is about protecting the people who matter most. Author: Awatif Al Khouri

Introduction In recent years, child custody rules in the UAE have changed a lot. The new approach is more modern and practical, aiming to meet the needs of today’s families, especially those in the diverse expat community. These changes are mainly due to Federal Decree-Law No. 41 of 2022 on Civil Personal Status. These new rules have changed how expats in the UAE think about custody. Rather than giving one parent most of the control, the focus is now on shared parenting and making sure both parents stay involved in raising their child. Overall, the system is shifting toward a more balanced approach, with the goal of protecting the child's well-being while handling both parents' rights and obligations equally. The Foundations of Civil Family Law for Non-Muslims Federal Decree-Law No. 41 of 2022 on Civil Personal Status was a major turning point in the development of civil family law in the UAE. Before this change, Federal Law No. 28 of 2005 mostly dealt with personal status issues involving non-Muslims. This law allowed for the use of foreign laws in some cases. The law introduced in 2022 created a separate civil framework for non-Muslim foreigners living in the UAE. Article 1 of the 2022 decree-law lets the parties choose the law of their home country or another relevant legal framework to be used, as long as the court agrees. This shows a careful approach that balances the rights of the parties with judicial supervision. The Civil Personal Status Law's main point is that spouses should be treated equally, especially when it comes to marriage, divorce, and parental rights. This principle also applies to custody arrangements, where the law uses a modern shared parenting model. Joint custody is the primary framework giving both parents the same rights and responsibilities when it comes to raising their child until they turn 18, unless the court decides otherwise that it is in the child's best interests to do so. From a procedural standpoint, the law significantly enhances the efficiency of managing family disputes. Article 3 states that divorce cases go straight to court without having to go through Family Guidance Committees first. This cuts down on delays in the process, which is especially important in this case. However, when there are additional claims regarding custody, maintenance, and guardianship, then the matter still needs to be first tried before the mediation process in accordance with the local Emirate-specific rules for mediation. Article 7 says that either spouse can file for divorce without having to show that the other spouse did something wrong or hurt them. This makes things easier and less confrontational. This means that courts can spend more time on things that come up after the divorce, like custody, support, and the child's health. The law stresses how important it is to put the child's well-being first. The Joint Custody and Shared Parental Responsibility Article 10 says that joint custody governs post-divorce parenting arrangements in civil family matters involving non-Muslims. This means that both parents must stay involved in raising the child. The court may deviate from this framework and grant sole custody when necessary to protect the child's best interests. Cabinet Resolution No. 122 of 2023, which sets out the Executive Regulation of the 2022 law, also helps put this framework into action. Articles 13 to 20 of the Regulation give clear instructions on how to set up custody arrangements, such as who is responsible for what, and when custody arrangements can be looked at and changed. The UAE’s civil family law system focuses on putting children’s needs first, using both judicial discretion and structural safeguards. Article 10(4) of Federal Decree-Law No. 41 of 2022 on Civil Personal Status allows the court to decide on the best custody arrangements for a child’s well-being. The court can also end joint custody if it is in the child’s best interest. This judicial discretion is backed by rules in Cabinet Resolution No. 122 of 2023. Financial considerations arising after divorce are addressed separately under Article 9 (7) of Federal Decree-Law No. 41 of 2022 and Article 7 of Cabinet Resolution No. 122 of 2023, which allow the court to assess the financial capacity of the obligated parent when determining maintenance and related obligations. These provisions operate alongside custody arrangements but do not determine custody itself, which remains governed by the child’s best interests. Child Autonomy and the Custodial Choice Threshold A key aspect of the changing custody system in the UAE is that it is becoming more common to let the child decide where they want to live. The idea of custodial preference has changed from strict, age-based rules to a more flexible system that takes into account the child's maturity and best interests. Federal Decree-Law No. 41 of 2022 on Civil Personal Status says that joint custody usually lasts until the child turns 18. This law allows both parents to be responsible for the child while he or she is still a minor. At 18, the child becomes fully legally responsible, and custody arrangements terminate. Relocation Rights and International Travel Protocols. For expatriate families in the UAE, child’s relocation and overseas travel remain among the most difficult aspects of post-divorce planning. The legal framework aims to combine a parent's freedom of travel with the child's right to maintain a stable and steady relationship with both parents. Article 21 of Cabinet Resolution No. 122 of 2023 says that neither parent can take the child out of the state on their own while they are sharing custody. If either parent doesn't agree, the traveling parent must get permission from the right court, which may set conditions, such as guarantees to make sure the child comes back. In every case, the matter is still up to the court to decide. Article 22 of Cabinet Resolution No. 122 of 2023 sets up a way for either parent to go to the competent court after a divorce and stop the child from traveling for a short time. The court has the discretion on whether the restriction is justified, but the request must be backed up by stated objections. In practice, this provision is used when there is a worry that travel might mess up custody arrangements or harm the child's well-being, making sure that mobility is balanced with the child's needs, stability and the rights of both parents. Enforcement Mechanisms and Penalties for Non-Compliance In the UAE, joint custody is more than just an agreement between parents; the courts make sure it works in real life. The court can get involved if there are problems. Under Cabinet Resolution No. 122 of 2023, it can change or even take away a parent's joint custody if the arrangement is no longer in the child's best interests. This could happen if the parent is neglectful, abusive, or doesn't fulfill their parental duties. In more serious cases, the Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law, under Articles 379, 380, and 382, punishes people who refuse to give back the child, abduct a child, or don't pay child support. Article 15 of Federal Decree-Law No. 41 of 2022 further confirms that other laws may apply to matters not specifically addressed in the decree law, making sure that enforcement is always possible. The system is meant to make sure that custody arrangements are followed in a fair and organized approach that prioritizes the child's stability at all times. The Impact of Abu Dhabi's Civil Family Court The Abu Dhabi Civil Family Court created a different process for non-Muslims that emphasizes joint custody and equal roles for both parents in Abu Dhabi. This system offers a more balanced approach to parenting after divorce by encouraging both parents to stay involved in their children's lives. It puts the child's well-being first and supports joint parenting, instead of sticking to strict traditional custody roles. Conclusion Child custody in the UAE for expatriates has changed. The system now tries to keep both parents involved in ways that really help the child, instead of following strict rules or giving one parent all the power. Changes to the law show a more realistic and fair way to handle things in court. They also make sure that children, especially as they get older, have a say in decisions that affect them. Clear rules about travel, moving, and enforcement now help lower conflict and give families the structure they often need after separation. The main goal of the system is to bring stability during a tough time and to make sure decisions are based on what is best for the child in the long run, not on disagreements between parents. Author: Awatif Al Khouri

Introduction A defence against an INTERPOL Red Notice centres on proving that the notice violates INTERPOL’s internal regulations, specifically its Constitution and the Rules on the Processing of Data (RPD). This is because a Red Notice is not an international arrest warrant but an alert based on a domestic warrant. A successful defence focuses on challenging the compliance of the data within INTERPOL's system rather than arguing the underlying criminal case itself. Grounds for Defence: Constitutional Violations The most robust defences are built on Articles 2 and 3 of the INTERPOL Constitution. Under Article 2, INTERPOL is mandated to act in the "spirit of the Universal Declaration of Human Rights (UDHR)". A defence can argue that the request infringes upon fundamental rights, such as freedom of expression, assembly, or association, if it violates the fundamental rights. Article 3 strictly forbids INTERPOL from issuing notices for undertaking activities of a political, military, religious, or racial character. Pure Political offences are the offences where the charge is inherently political, such as treason, espionage, or sedition. The Red Notice shall not be issued for such offences.  For crimes that have both ordinary and political elements (e.g., a crime committed during a coup), the predominance test is used to determine whether a Red Notice can be issued. If the political aspect prevails in the request, a defence would argue that the request is motivated by a desire to persecute a political opponent rather than to prosecute a genuine crime. Prohibited Offences Defence Under Article 83 of the RPD, certain categories of offences are explicitly excluded from the Red Notice system. A defence can seek deletion if the notice concerns behavioural or cultural norms, such as prostitution or drug possession for personal use. Family/Private Matters, including adultery, bigamy, or failure to pay child support, are also excluded. Furthermore, Administrative/Private Disputes, including defamation or traffic violations, are prohibited unless they are linked to serious or organised crime. Application of Predominance Test The predominance test is the legal yardstick INTERPOL uses to decide if a case with both political and criminal elements is eligible for global cooperation under Article 3 of its Constitution. INTERPOL does not weigh the culpability of an individual, instead examines specific evidentiary factors (Article 34(3) of the RPD) on a case-by-case basis to see if the ordinary-law aspect of the crime prevails. The test is not used for "pure" offences (e.g., treason, espionage, or desertion), which are automatically excluded from INTERPOL channels. It applies only to "relative" (mixed) offences that combine political, military, religious, or racial motives with ordinary criminal acts such as murder or fraud. Offences that pose a serious threat to life, liberty, or property, such as bombings or kidnapping, are typically viewed as predominantly ordinary-law crimes, even if the motive was political. The term predominantly ordinary-law crimes refers to a legal determination made through the "predominance test" in cases involving "relative offenses". INTERPOL assesses whether the criminal methods used were proportionate to the stated political objective. If the victims are civilians or non-combatants, the ordinary-law nature of the crime generally prevails over any political context. Under the "Belgian Clause", in line with extradition law, evidence that a crime involved the assassination or attempted assassination of a Head of State (or their family) serves as a special evidentiary standard. Such acts are never considered political offences under the predominance test and are processed as predominantly ordinary-law crimes. The test allows for global cooperation on terrorism when acts seriously threaten life, regardless of political motives. Another example is that if a person commits murder to create disorder during an election, the seriousness of the homicide makes the case predominantly ordinary-law in nature, despite the political context. However, acts such as murder committed by military forces during an armed conflict are often excluded because the military and political aspects predominate. Challenging and Deleting a Red Notice The Commission for the Control of INTERPOL's Files (CCF) is a separate entity that makes sure that the organization follows its rules when it handles personal information. Individuals can access, correct, or challenge data recorded in INTERPOL’s files through CCF. Individuals who suspect they may have been the subject of an alert may contact the CCF directly to determine whether a Red Notice has been issued for them. Applications submitted to the CCF are treated with full confidentiality throughout the review process. The Commission is composed of members with the specific expertise required to evaluate the legality of data processing. Its primary functions include processing requests from individuals regarding information contained in the organization’s files, providing expert advice to INTERPOL concerning any project or set of rules involving the processing of personal data and ensuring that all data processing remains in compliance with the INTERPOL Constitution and the Rules on the Processing of Data (RPD). If the CCF concludes that a Red Notice does not comply with INTERPOL’s rules, it will decide to cancel and delete the data. Once a deletion finding is made, the data is immediately removed from all INTERPOL databases. A notification is sent to all 196 member countries informing them of the CCF’s decision. Following a successful challenge and the subsequent removal of a notice, the individual concerned may be issued a formal certificate confirming that they are no longer the subject of a Red Notice, which can be used to assist them if they encounter travel difficulties in countries whose domestic records have not yet been updated. Although the nation that initially requested the notice may continue to maintain the individual on its own domestic wanted list. To maintain the long-term integrity of the global alert system, the Notices and Diffusions Task Force (NDTF) conducts systematic and continual reviews of existing notices. This rigorous oversight ensures that alerts are not only legal at the time of issuance but remain so throughout their lifecycle. Conclusion To maximize the effectiveness of a legal challenge against Red Notice, defence strategies should leverage INTERPOL’s updated Repository of Practice (November 2024). This document gives important information about how the organization uses human rights and neutrality standards in real-life situations. For instance, people who are wrongfully accused of terrorism can be defended by pointing out that there is no "active and meaningful link" to real crimes, as mere association or shared beliefs are insufficient for a Red Notice. Furthermore, for those with refugee status, international law and the principle of non-refoulement generally prohibit the country of origin from using INTERPOL channels to pursue them. A sophisticated defence also scrutinises the coherence between charges and supporting facts, ensuring that general summaries are not used to mask politically motivated requests or cases lacking evidence. Finally, if a notice is successfully removed, obtaining a formal certificate of deletion is essential to avoid future travel complications and ensure databases are updated globally. Author: Awatif Al Khouri

For tech startups in the UAE, protecting new ideas is not only the law; it's also good business. Your intellectual property can be your most valuable asset, whether you are making software, hardware, AI tools, or fintech solutions. This is where it really matters to work with the right patent lawyer in Dubai or anywhere else in the UAE. This guide explains what tech startups should look for, how patent registration in the UAE works, and how to approach the process in a practical and cost-effective way. Why patents matter for tech startups Startups move quickly, but patents need to be filed at the right time. If you file too late, other people may be able to copy your idea. Filing too soon without the right structure can make your protection weaker. A patent gives you exclusive rights over your invention for a set amount of time. This means that no one else can make, use, or sell it without your permission. This can help new businesses: Increase valuation during funding rounds. Build trust with investors. Make it possible to get a license. Keep your market position in competitive areas. Federal Decree Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights governs patents in the UAE. This law covers inventions, industrial designs, and utility models. What qualifies as a patent in the UAE Not every idea can be patented. To qualify, your invention must meet three main criteria: Novelty: It must be new and not publicly disclosed anywhere in the world Inventive step: Someone who is skilled in the field should not be able to see it right away Industrial applicability: It must be able to be used in real life For tech startups, things that can be patented include software with a technical use, AI-powered systems that work, and hardware innovations. But pure business ideas or abstract algorithms that don't have any technical effect are usually not patentable. Patent registration process in the UAE Understanding the process helps startups plan timelines and budgets that work well. Search for and evaluate patents Before filing, a patent lawyer in Dubai will do a search for prior art to see if your invention already exists. This step keeps costs down and helps refine your application. Drafting the patent application This is one of the most critical stages. A well-drafted application defines the scope of your protection. Poor drafting can make your patent easy to challenge or bypass. Filing with the Ministry of Economy in the UAE Along with the application, technical specifications, claims, and other documents that support them are sent in. The testing phase The authority checks the application to make sure it follows the law. This could mean complaints or requests for clarification. Publication and grant Once approved, the patent is published and granted, giving you enforceable rights. The full process can take several years, so early planning is important. What to look for in a patent lawyer in Dubai Choosing the right patent lawyer in Dubai is not about finding a single “best” option. It is about identifying the right fit for your startup’s needs. Strong technical understanding A patent lawyer working with tech startups must understand the product. This is especially important for AI, blockchain, and other SaaS-based solutions. Knowledge of UAE patent laws It is important to know the rules in the area. The UAE has its own rules for filing, deadlines, and compliance. The ability to write strong claims How a patent is written is what makes it valuable. Clear and strategic claims can decide how wide or narrow your protection is. Knowing about international strategy A lot of new businesses grow outside of the UAE. A good patent lawyer in Dubai will help you file patents in other countries using tools like the Patent Cooperation Treaty. Useful and business-focused advice Startups need more than just ideas. You need help figuring out when to file, what to protect, and how to make sure your patents fit with your business goals. Things that tech startups often do wrong Even promising new businesses make mistakes with patents that they could easily avoid. Public disclosure before filing: If you share your idea with investors or online, it can lose its novelty if it isn't protected. Not paying attention to paperwork: Not keeping good records can make it harder to prove that you own something. Filing without a plan: Not every new feature needs a patent; pay attention to the most important ones. Not paying attention to deadlines: If you miss a deadline, you could lose your rights or miss out on an opportunity. Getting legal advice early can help you avoid these problems. Protection of patents and growth of startups Not only are patents defensive tools. They can actively support growth. They can be licensed to generate revenue. They strengthen negotiation positions in partnerships. They make funding talks more believable. Having a strong IP strategy can help your startup stand out in the UAE's growing tech ecosystem. Useful tips for expats and business owners The UAE has a structured and investor-friendly IP environment for expats and foreign founders. You can file patents no matter what country you're in, and the system is in line with global standards. Depending on how your business works, you can also set up ownership through companies or holding entities. Mrs. Awatif Al Khouri often says that startups should think of intellectual property as a long-term asset, not just something they have to do by law. Early structuring can stop disputes and strengthen your position as the business grows. Conclusion Finding the best patent lawyer in Dubai for tech startups is not about rankings. It is about choosing someone who understands both the law and your technology. Patent registration in the UAE requires careful planning, precise drafting, and strategic thinking. With the right guidance, startups can protect their innovations, attract investors, and build a stronger foundation for growth. Experienced legal professionals such as Mrs. Awatif Al Khouri often highlight that the key is to act early, stay informed, and align your intellectual property strategy with your business vision. In a competitive tech landscape, the right legal approach can make a lasting difference. Author: Awatif Al Khouri

Content is one of the most valuable things you can own in the digital world we live in today. Your work can be copied, reused, or misused in seconds, whether you own a business or are an influencer, a designer, a writer, or a tech startup. This is why copyright protection in the UAE is more than just a legal formality. It is a practical need. Understanding how to protect your content and when to seek help from a copyright lawyer in the UAE can make a real difference in safeguarding your rights. Understanding Copyright in the UAE Federal Decree Law No. 38 of 2021 on Copyright and Related Rights is the law that governs copyright in the UAE. This law protects original works like these: Blogs, articles, and other written content Software and digital applications Movies, videos, and music Pictures, designs, and art Content for branding and marketing materials Registering can help you have a stronger legal case if a dispute arises. For expats and businesses, this is especially important because content is often shared across borders, increasing the risk of abuse. Why Copyright Protection is Important in Dubai Dubai is a busy business center with a strong digital economy. People are always creating, sharing, and monetizing from content. This opens up both chance and risk. If your work is not protected properly, you could face: Copying of your work without permission Loss of money because of stolen content Damage to the reputation of your brand Hard to prove who owns what in a dispute A content protection lawyer in Dubai helps you go from reacting to protecting to taking charge. You make a system that protects your content instead of going after people who use it without permission. What a Copyright Lawyer Really Does Giving advice on rights and ownership A lawyer helps you make it clear who owns the content. This is very important for: Employees creating content for businesses Agencies and freelancers Joint collaborations Disputes over who owns what are common when there aren't clear agreements. Writing Contracts Well-written content protection is often necessary in contracts. These could be: Agreements for licenses Non-disclosure agreements Terms for using content Assignment of rights A good contract can stop problems before they start. Signing up and keeping records Copyright exists on its own, but registering your work with the UAE Ministry of Economy shows that you own it. A copyright lawyer in the UAE makes sure the process is done right and quickly. Disputes and Enforcement A content protection lawyer in Dubai can do the following if someone copies your work: Send legal papers Initiate requests to take down Make claims for payment. Represent you in court if necessary This is where legal strategy becomes very important, especially when dealing with online infringement. Common Copyright Issues in the UAE From practical experience, the most common situations include: Social media content is being reposted without permission. Website content copied by competitors Designers are losing rights over their work. Software or digital products are being replicated Influencers facing misuse of their images or videos These issues are not always intentional. Sometimes they arise due to a lack of awareness. However, the financial impact can still be serious. Choosing the Right Copyright Lawyer in Dubai When choosing a Copyright Lawyer in Dubai, consider this: Knowledge of UAE Copyright Law The legal system in the UAE is set up in a certain way. A lawyer who knows the laws and how they are enforced can work faster and better. A Practical Way The goal is more than just legal advice; it's real-life solutions. This includes quick action against violations and clear ways to stop them from happening in the first place. Comprehension of Digital Content Copyright issues in the modern world often have to do with online platforms, social media, and digital assets. A content protection lawyer in Dubai should understand how these ecosystems work. Strong Litigation Capability If a dispute escalates, it becomes very important to have someone represent you in court. A Practical Look at Content Protection It's not just about legal rights when it comes to content protection. It's about having control, being clear, and having faith. A lot of clients only ask for help after their work has been used in the wrong way. At that point, things get more complicated. Early legal advice can help you: Correctly structure ownership From the start, protect your work. Avoid costly disputes later. Give your content long-term value. This is especially important for startups, creative people, and businesses that need to be online. In real life, lawyers with a lot of experience often have a better idea of how disputes really play out in the UAE. Mrs. Awatif Al Khouri is known for combining courtroom experience with practical advisory work, which is especially important in copyright matters. This kind of insight helps clients not only respond to issues but also anticipate them. It also ensures that legal strategies are aligned with real enforcement mechanisms in the UAE. Final Thoughts Finding the best copyright lawyer in Dubai is not about choosing a name. It is about finding the right combination of legal knowledge, practical experience, and strategic thinking. If you create, publish, or rely on content in any form, protecting it should be a priority. The UAE offers a strong legal framework for copyright protection, but its effectiveness depends on how you use it. Mrs. Awatif Al Khouri brings valuable insight by combining practical dispute experience with a clear understanding of UAE copyright laws, helping clients take both preventive and enforcement-focused steps with confidence With the right legal guidance, you can protect your work, maintain your rights, and confidently grow your content without fear of misuse. Author: Awatif Al Khouri

Rental disputes happen a lot in Dubai, especially as property prices go up and lease terms change. Legal help can make a big difference if you are a tenant being unfairly evicted or a landlord dealing with a tenant who isn't paying. Cost is a big worry for a lot of people. The good news is that you can find a good, affordable rental dispute lawyer in Dubai. This guide explains how to approach rental disputes in a cost-effective way, what to expect from the legal process, and how to make informed decisions if you are looking for a cheap rental lawyer in Dubai or an affordable tenancy lawyer in the UAE. Understanding Rental Disputes in Dubai Dubai has a clear set of laws about renting. The Dubai Land Department's Rental Dispute Settlement Center (RDSC) takes care of most disagreements. The process is meant to be easy to understand, but it can still be hard to understand if you don't know much about the law. Some common problems that come up when renting are: Rent increases that aren't fair. Problems with the security deposit Arguments about maintenance* Ending the lease early Notices of eviction Dubai's tenancy laws, especially Law No. 26 of 2007 and its amendments, as well as rules from the Real Estate Regulatory Agency, govern these disagreements. The system is good for tenants in many ways, but both tenants and landlords can avoid expensive mistakes with help from the law. Why it's still important to hire a lawyer Sometimes, in an effort to save money, people attempt to resolve rental problems independently. This may be effective in straightforward circumstances, but when the case becomes more complex, it typically results in delays or poor outcomes. An affordable tenancy lawyer in the UAE can help you: Understand your legal position clearly. Draft and file claims correctly Represent you before the Rental Dispute Centre Negotiate settlements to avoid long-lasting arguments Even when prices are important, getting the right legal advice early can help you save money overall. If you make mistakes when filing or miss deadlines, you may have to pay more later. What Makes a Lawyer “Affordable” in Dubai Affordable does not mean low quality. It means value for money and efficient handling of your case. When looking for a cheap rental lawyer in Dubai, consider the following: Clear Fee Structure A good lawyer will tell you how much things will cost up front. This could include fees for consultations, filing, and representation. Knowledge that is specific Lawyers who deal with rental disputes a lot tend to work faster and better, which saves money. Flexible Payment Options Some legal professionals offer staged payments or consultation-based billing, which is helpful for individuals managing budgets. Cost-Saving Tips Before Hiring a Lawyer If you are trying to manage legal costs, a few simple steps can make a big difference: Prepare Your Documents Have your tenancy contract, Ejari registration, payment records, and communication with the other side ready. Try to negotiate first Sometimes, disagreements can be settled directly between the landlord and tenant before they get worse. Get Advice Early A short consultation can help you understand your rights and stay out of court if you can. Stay Away from Delays If you wait too long, your case may get more complicated and cost more. Procedure for Rental Dispute The Rental Dispute Settlement Center is relevant. It's very clear: Starting the Case You send in your claim and any documents that back it up. There is a fee to pay, which is usually a percentage of the rental value. Stage of Mediation The center may first try to fix the dispute through amicable settlement. Hearing Stage If no settlement is reached, the case proceeds to a judicial committee. Judgment and Enforcement Once a decision is issued, it can be enforced through the relevant authorities. An experienced but affordable tenancy lawyer in the UAE can guide you through each step, ensuring that your case is presented clearly and works well. Finding a balance between the cost and the legal strategy One mistake people make is choosing the cheapest option without thinking about what will happen. In rental disputes, the goal is not only to save money on legal fees but also to keep your money and home safe. For instance: A tenant who is about to be evicted may lose more money moving than they would have to pay for legal help. A landlord who is owed rent may be able to get their money back faster with the help of a good lawyer. A balanced approach looks at long-term value instead of short-term savings. Practical Guidance In many rental disputes, being clear and on time is more important than going to court right away. In practice, professionals like Mrs. Awatif Al Khouri often stress the need for this early legal advice and organized case preparation. Her approach reflects a broader principle in Dubai’s legal environment: resolving disputes efficiently while keeping costs under control. This is particularly relevant for expats who might not know all the local rental laws. Things You Shouldn't Do To keep your legal costs down, don't make these common mistakes: Not paying attention to eviction notices or legal notices. Only trusting spoken agreements. Filing incomplete or incorrect claims Missing deadlines for response or appeal These mistakes often lead to delays, additional fees, and weaker legal positions. When You Should Definitely Hire a Lawyer While some disputes can be handled independently, you should consider hiring an affordable rental dispute lawyer in Dubai if: The dispute involves eviction or large financial claims. There is a disagreement over the legality of the rent increase. The other party has already engaged legal representation. You don't know what your rights are under UAE law. In these kinds of situations, legal help is not only helpful but also needed. Conclusion It's not just about picking the lawyer with the lowest fee when looking for an affordable rental dispute lawyer in Dubai. It's about finding someone who knows how the system works and does it well. It allows you to solve the problem without going over budget. Even though Dubai's rental dispute resolution process is meant to be straightforward, you must be familiar with the relevant rules and tactics to navigate it. Professionals like Mrs. Awatif Al Khouri often say that the key to resolving rental disputes is not making things more complicated but making them clearer. A well-planned approach can save time and money for both landlords and tenants while making sure that everyone gets a fair deal. In a city where rental relationships are always changing, having access to affordable and reliable legal support makes all the difference. Author: Awatif Al Khouri

Real estate is a major sector of the Dubai economy and thus requires a comprehensive and transparent legal framework to regulate the complex relationship between landlord and tenant. As the city developed from a regional commercial center into a global metropolis, the legislative framework underwent substantial reforms to maintain stability, encourage investment, and protect the rights of the people. The principal laws governing these arrangements are the Dubai Tenancy Law (Dubai Law No. 26 of 2007) and its amendment (Dubai Law No. 33 of 2008). Such regulations and certain laws, such as Decree No. 43 of 2013 on rent increases, are considered part of a legal system that aims to minimize conflict and provide clear solutions through the Rental Dispute Settlement Center (RDC). Dubai Tenancy Law: Scope Law No. 26 of 2007 is the law governing all leasehold interests in the Emirate except for hotel facilities and free accommodation provided by the employer. The legislation was introduced to formalize the informal arrangements through a formal system of written and registered contracts. Article 4 of this law provides that the relationship must be governed by a written tenancy contract signed by both parties, which shall specify the property, the purpose of the tenancy, the duration, and the rent value. A significant development came with Article 4 of Dubai Law No. 33 of 2008, which made the registration of tenancy contracts, and any amendments, mandatory with the Real Estate Regulatory Agency (RERA) through the Ejari system. The duration and renewal of these contracts are regulated by Articles 5 and 6 of the law. Where no term is expressed, the lease shall be deemed to be valid for the term expressed for payment of rent. Importantly, per Article 6, if a tenant remains in possession of the premises after the lease has expired without objection from the landlord, the contract is automatically renewed for the same term, or for one year, whichever is shorter, on the same terms as the prior agreement. Rules for the Dubai Rental Index and Regulatory mechanisms for rent hikes The way rental rates are determined and subsequently adjusted is perhaps the most common trigger for a dispute over a rent increase in Dubai. To deal with this, the Dubai government relies upon Decree No. 43 of 2013, which established the tiered rent cap system under the Dubai rental index rules. The scope of this decree covers all properties in Dubai, including special development zones and free zones such as the Dubai International Financial Center (DIFC). At the core of this system is the RERA Rental Index, an online tool that tracks the average market rates based on property type, location, and condition. The tiered structure is intended to allow landlords to bring their properties closer to market value without surprising their tenants with sudden exorbitant increases. The maximum permissible increases are strictly calculated based on how far the current rent sits below the average market rate, forming the basis of tenant rights rent increase in the UAE protections. Under Article 14 of Law No. 26 of 2007, in Dubai, the landlord must provide the tenant with a written notice of any proposed rent increase at least 90 days prior to the expiry of the contract. If the 90-day notice is not given, any increase is null and void, and the contract must be renewed at the current rate. Property Maintenance Law in the UAE and the Duties of Maintenance The responsibilities of maintenance are one of the main causes of landlord-tenant disputes in Dubai. The property maintenance law in the UAE is based on a legal framework that provides a clear hierarchy of obligations. The landlord has the primary burden of major repairs. Article 15 of the Law No. 26 of 2007 provides that the landlord shall hand over the property in a manner which enables the tenant to obtain the “intended advantage". Article 16 describes the landlord's responsibilities for repairs in Dubai. It stipulates that the landlord is responsible for the property's maintenance and must repair any flaws that harm the tenant's pleasure, unless the parties agree otherwise. In a typical RDC case, the tribunal distinguishes between major and small maintenance. Major maintenance generally includes structural integrity, mechanical systems, plumbing, electrical distribution, and air conditioning units. Minor maintenance will often be defined in the contract as repairs. However, if the contract is silent, the law defaults to the landlord's responsibility. Further to the above, tenant maintenance rights in the UAE include the “Quiet Enjoyment” under Article 17, which prohibits the landlord from making any changes to the property or its utilities that affect the tenant’s full use. Article 34 clearly states that landlords cannot cut off essential services such as electricity, water, or air conditioning. These acts are deemed unlawful interference. In case of disconnection of services, tenants should inform the local police station immediately for documentation of the incident and then approach the RDC for a restoration order. Security Deposits and the Tenant Deposit Refund in the UAE Security deposits serve as a guarantee for the maintenance of the property upon the expiry of the tenancy contract, as permitted by Article 20 of Law No. 26 of 2007. The law states that the landlord must refund this deposit, or any remaining balance, to the tenant upon the termination of the lease. Security deposits are often a source of dispute , and the line between damage and "normal wear and tear" is often debated . Article 21 of the law states the tenant must only return the property in the same condition it was received, except for normal wear and tear or beyond the control of the tenant. To avoid a dispute over a security deposit in Dubai, standard legal advice for tenants is to take time-stamped photographs or videos of the property at the beginning and end of the tenancy to document the condition of the property. If the landlord refuses to return the deposit without an itemized list of deductions and proof of the actual cost of repairs, the tenant may file a case at the RDC. The Rental Dispute Settlement Center (RDC) and Filing a Claim The Rental Dispute Settlement Center (RDC) in Dubai is the specialized judicial body that manages rental conflicts in the Emirate. The RDC Dubai process is designed to be efficient, often resolving cases faster than the traditional civil courts. Procedural Steps for Filing a Claim The first step in any file rental dispute in Dubai action is an attempt at an amicable settlement. If mediation fails, the formal litigation process begins. Preparation of Documents: All documents, including the tenancy contract, Ejari certificate, passport copies, and evidence of communication, must be translated into Arabic. Filing the Complaint: The case can be filed online via the RDC website. Conciliation Department: The case is first referred to the Conciliation Department, where a mediator attempts to reach a binding settlement. First Instance Hearing: If no settlement is reached, the case moves to the First Instance Court, where a judge reviews the evidence and issues a judgment. Appeal Stage: Judgments from the lower court can be appealed. Execution Department: The final stage is the enforcement of the judgment by the Execution Department, which can include the collection of funds or physical eviction. Eviction Protocols and Judicial Grounds for Termination Eviction in Dubai is strictly regulated under Article 25 of Law No. 33 of 2008. The law divides the grounds for eviction into those occurring during the contract term and those occurring upon its expiry. Eviction During the Term of the Lease A landlord may seek eviction before the contract ends if: The tenant not paying the rent within 30 days of receiving a formal notice to pay. The tenant sublets the property without the landlord's written approval. The tenant uses the property for illegal or immoral activities. The tenant causes damage to the property through gross negligence or unauthorized structural modifications. Eviction Upon Lease Expiry If a landlord wishes to evict a tenant at the end of the contract term, they must provide a 12-month written notice served via Notary Public or registered mail. Valid reasons include: Demolition or reconstruction of the property. The property requires a comprehensive renovation that cannot be performed while the tenant is occupying. The owner wishes to sell the property. The owner wishes to use the property for personal use or for the use of their first-degree relatives. Article 26 of Law No. 33 of 2008 prohibits a landlord who evicts a tenant for personal use from re-letting the premises for a period of at least two years (residential) or three years (commercial). If this rule is violated, the former tenant may sue for damages in the RDC. Ejari Registration and Tenant's Rights The Ejari system is a key enforcement tool for rentals. The framework requires all tenancy contracts to be registered to make sure they are legally recognized and enforceable. In Dubai, it is common for rental disputes to arise under the Ejari when contracts are not registered or are poorly documented. In such situations, Ejari registration is important as it is usually a precondition to lodging claims with the RDC and enforcing contractual protections. Conclusion Dubai’s tenancy framework is a balanced legal system that aims to protect both landlords and tenants and ensure stability in the fast-moving real estate market. The law provides clear mechanisms for regulation and enforcement, ranging from rent increase disputes in Dubai that are governed by the Dubai Rental Index rules to issues around tenant rights in the UAE. The Rental Dispute Center has jurisdiction over most disputes, such as landlord-tenant disputes in Dubai, security deposit disputes in Dubai, and Ejari rental disputes in Dubai. The parties can file a rental dispute in Dubai through a structured RDC Dubai process. Whether it is pertaining to the repair obligations of a landlord in Dubai, the maintenance rights of a tenant in the UAE, or related issues like unpaid rent in the UAE, the legal framework ensures that both parties function within clearly defined rights and obligations. Most disputes are not caused by a lack of legal certainty but a lack of awareness. Understanding key principles like Ejari registration and deposit protections can significantly reduce conflict and ensure compliance in Dubai’s ever-changing rental landscape. Author: Awatif Al Khouri

Introduction The UAE does not take financial crimes lightly and has strict laws and quick enforcement. Whether it is fraud, embezzlement, breach of trust, or cyber-related financial crime, the consequences can be dire, including imprisonment, fines, asset freeze, and deportation for expatriates. If you are facing such allegations, choosing the right financial crime lawyer in the UAE becomes one of the most important decisions you will make. The right legal approach can significantly affect the outcome of your case. This guide explains how financial crime cases work in the UAE and what to look for in a strong defense lawyer. What Counts as Financial Crime in the UAE Financial crimes, sometimes known as white-collar crimes, usually entail non-violent crimes committed for financial benefit. Here are some common examples: Fraud, misrepresentation The embezzlement or misuse of company finances Breach of Trust Forgery and use of forged documents. Money laundering. Cyber-related financial fraud These offenses are primarily governed by: Federal Decree-Law No. 31 of 2021 (UAE Penal Code) Federal Decree-Law No. 10/2025 on Anti-Money Laundering Federal Decree-Law No. 34 of 2021 on Cybercrime Each law carries its own penalties, and in many cases, multiple laws may apply to the same problem. How Do Financial Crime Cases Proceed? Understanding the process enables you to identify areas where legal experience is most useful. Complaint and Investigation. A report to the police is often the first step in a financial crime investigation. During the investigation, authorities may freeze bank accounts, obtain documentation, and impose travel restrictions. Public Prosecution Review The case is referred to the public prosecutor, who evaluates if there is sufficient evidence to proceed. This is a critical stage in which early legal involvement can aid in determining the outcome. Criminal court proceedings. If charges are filed, the case will go to court. Evidence, witness testimony, and expert reports are analyzed. Judgment and Appeal The court renders a decision, which can be appealed to higher courts based on the circumstances. A qualified fraud lawyer in Dubai will focus significantly on the early phases, where many cases can be impacted before they go to trial. What Makes the Best Financial Crime Lawyer in the UAE Financial crime lawyers require a particular skill set. In-depth knowledge of financial evidence Financial crime cases often depend on documents, transactions, and audit trails. A good fraud lawyer in Dubai will know how to read and challenge this evidence. Experience with the regulators Cases of money laundering or corporate fraud will often involve several authorities, including banks and financial regulators. Strategic Defense Strategy The best financial crime lawyers in the UAE don’t just react. They create a clear strategy from the beginning, focusing on: Test of Intent Challenging the credibility of evidence Spotting procedural errors Client asset protection Courtroom experience Court cases involving financial crime can get complicated. Strong advocacy skills are essential, especially with respect to cross-examining witnesses and presenting technical arguments in a clear way. Common defenses in financial crime cases Although every case is unique, some common defenses are: No criminal intention Many financial disputes are civil in character. Proving the non-existence of intent can shift the case significantly. Disputing evidence Challenging how evidence was obtained or interpreted can weaken the prosecution’s case. Contractual or commercial dispute argument In some cases, what appears to be fraud may actually be a business dispute. Procedural violations If proper legal procedures were not followed during the investigation, this can impact the case outcome. The importance of early legal advice One of the biggest mistakes is waiting too long to speak with a financial crime lawyer in the UAE. Early intervention can: Avoid Escalation. Help improve communications with authorities. Protect your assets and business interests. Decrease the risk of detention or travel bans. Financial crime cases are fast, so timing is critical. Practicalities for Expatriates & Residents If you are an expat, you may face additional consequences from being accused of a financial crime: Travel bans Bank accounts frozen Employment termination Deportation after judgment This is why having a fraud lawyer in Dubai who understands both criminal law and practical realities is essential. The Role of Experience in Complex Cases Financial crime cases are rarely straightforward. They often involve multiple parties, cross-border transactions, and technical financial records. Professionals like Mrs. Awatif Al Khouri have extensive experience in complex financial crime matters, where legal strategy needs to align with both court procedures and practical business realities. Her approach in such cases typically focuses on understanding the full background of the transaction, identifying legal gaps in the allegations, and ensuring that the defense is both technically sound and practically effective. This kind of experience becomes especially important in high-value or sensitive cases. How to Select the Right Lawyer When choosing a financial crime lawyer in the UAE, consider the following: Experience with white-collar crime Understanding of UAE criminal and financial legislation. Capable of handling complex documents Strong courtroom presence. Clear communication with practical recommendations Conclusion Being charged with a financial crime in the UAE can be stressful, but with the right legal advice, the difference can be significant. These things are not just about the law. They include strategy, time, and a deep understanding of financial and procedural complexities. Choosing the right financial crime lawyer in the UAE or fraud lawyer in Dubai means finding someone who can protect your rights at every stage, from investigation to trial and beyond. Experienced professionals such as Mrs. Awatif Al Khouri demonstrate how a well-structured defense, combined with practical insight, can help navigate even the most complex financial crime cases in the UAE. Author: Awatif Al Khouri

Extradition cases in the UAE move quickly, often with serious consequences for the person involved. If you are facing a request from another country, the most important step is not reacting late but acting early. This blog explains how extradition works in Dubai, what legal protections exist, and how to choose the right extradition defense lawyer in Dubai to stop or challenge the process effectively. Understanding Extradition in the UAE Extradition in the UAE is governed principally by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, as well as bilateral treaties between the UAE and other countries. In simple terms, extradition allows one country to request that the UAE surrender a person accused or convicted of a crime. However, this does not mean every request is automatically accepted. The UAE courts carefully review whether the request meets strict legal conditions before approving it. When Can Extradition Be Stopped in the UAE? Extradition is not automatic. There are several legal grounds under UAE law that can be used to resist or stop the extradition process. A strong extradition defense lawyer in Dubai will assess these early and build a strategy around them. No Dual Criminality The act must be considered a crime in both the requesting country and the UAE. The chance of an unfair trial or violations of human rights UAE courts may turn down the request if there is a real chance of being treated inhumanely or given an unfair trial. The requesting country must provide proper documentation and evidence. Weak or incomplete submissions can be grounds for refusal. Ongoing UAE Proceedings If the person is already being investigated or tried in the UAE for the same matter, extradition may be delayed or denied. Why Preventive Defense Matters One of the biggest mistakes people make is waiting until detention or arrest happens. By that stage, options become limited. A preventive approach allows an extradition defense lawyer in Dubai to Monitor whether an international notice exists (such as an Interpol alert) Prepare legal arguments before court proceedings begin. Communicate with authorities proactively. File objections early in the process This early intervention can significantly improve the chances of stopping extradition in the UAE. Key Stages Where a Lawyer Can Intervene An experienced extradition defense lawyer in Dubai will work on more than one stage: Before the Arrest Do a risk assessment Look for international alerts Give advice on travel and legal risks. After an arrest or detention Question the legality of detention. Apply for bail where possible. Check the document and the extradition paperwork. During court cases Use UAE law to argue against extradition. Present human rights and fairness arguments. Appeal Stage If the court approves extradition, the decision can often be appealed before higher courts, which is a very important step for the defense. What to Look for in a Lawyer Who Will Defend You in Extradition In these situations, it's very important to pick the right extradition defense lawyer in Dubai. Not all criminal lawyers know enough to handle cross-border extradition. Here are key qualities to consider: 1. UAE Court Experience The lawyer must be familiar with local criminal courts and procedures, not just international law. 2. Knowledge of Federal Law No. 39 of 2006 A strong understanding of extradition law and how courts interpret it in practice is essential. 3. Strategic and Preventive Approach The lawyer should focus on stopping extradition early, not just reacting after arrest. 4. Experience with International Cases Handling cross-border legal issues requires coordination with foreign jurisdictions and an understanding of treaties. 5. Ability to Act Quickly Time is critical in extradition matters. Delays can reduce available legal options. If you are at risk, here are some helpful tips: If you think you might be subject to an extradition request, do these things right away: Don't travel outside the country without getting legal advice first. Get all the papers that have to do with your case. Don't talk to foreign authorities without a lawyer present. Talk to a lawyer before you talk to the police. Getting legal help early can prevent things from getting worse and make your case stronger. When it comes to complicated extradition cases, the difference is often in how the defense is set up from the start. The best lawyer to stop extradition in the UAE is one who knows a lot about both UAE criminal law and international cooperation, and can find technical and strategic defenses that other lawyers might miss. Mrs. Awatif Al Khouri is often in charge of high-stakes criminal and cross-border cases, where early intervention, procedural accuracy, and experience in court are very important. In cases of extradition, this level of focused legal strategy is not an option; it is required. Conclusion Cases of extradition in Dubai are serious, move quickly, and are very complicated. But they can be challenged. UAE law has clear protections in place, and with the right legal strategy, extradition can be delayed, fought, or even stopped. The most important thing is to act quickly and hire an extradition defense lawyer in Dubai.  who knows both the law and how things work in the UAE courts. Your best weapon is preventive defense. Working with experienced counsel such as Mrs. Awatif Al Khouri ensures that every legal avenue is explored, from procedural defenses to human rights arguments, giving you the best possible chance to remain protected within the UAE. Author: Awatif Al Khouri

In the UAE, relocating minors across borders is not seen as a routine choice for parents. It is a legal issue that involves custody rights, parental authority, and judicial oversight. If you try to travel with a child without knowing these things, you could be stopped right away at immigration points or have to go through legal proceedings later. This blog examines whether a mother may travel with a child without the father’s permission under UAE law, with a distinction between the applicable legal regimes. Applicable Legal Framework in the UAE Family matters in the UAE are governed primarily by two legislative regimes: Federal Decree-Law No. 41 of 2024 on Personal Status Law Federal Decree-Law No. 41 of 2022 on Civil Personal Status Law Position Under the Civil Personal Status Law (Non-Muslims) The civil personal status regime signifies a deviation from the traditional custodial framework by implementing a shared parental responsibility paradigm. The nature of parental power In most cases, custody is shared, unless ordered. Both parents retain equal legal authority over the child. There is no automatic presumption of exclusive paternal guardianship. As a result, decisions affecting the child, including international travel and any child travel restrictions in the UAE, are treated as shared parental decisions. One Parent Traveling Alone In principle, neither parent has the right to make unilateral decisions that significantly impact the child if the other parent disagrees. So: A parent can only travel with the child if there are no child travel restrictions or no objections. If the other parent objects, the matter becomes justiciable. The objecting parent may seek a travel ban or a preventive order. Therefore, while the civil law does not impose a strict requirement of paternal permission, it equally does not permit unilateral relocation or travel in situations that are in dispute. Court Action When there is a disagreement, the court will decide if travel is allowed. The most important thing to consider is what is best for the child, based on factors such as: Purpose and length of trip Chances of not returning Current custody arrangements The child's welfare and safety The court may give permission with conditions, deny travel, or set up safety measures. Position Under the Personal Status Law (Muslims) The 2024 Personal Status Law framework keeps the difference between custody and guardianship, which has a direct effect on travel rights. Guardianship and Custody The custodian, responsible for daily care The guardian is responsible for major decisions concerning the child. International travel is treated as a significant legal decision, falling within the sphere of guardianship. Need for Guardian Approval In general: A custodian can't take the child out of the UAE without the guardian's permission. The guardian can ask for a child travel restriction These kinds of orders are enforceable through immigration authorities. This position represents a systematic distribution of parental responsibilities rather than an arbitrary practice. The Court's Choice and Exceptions There is no limit. Courts can still let someone travel without the father's permission if there is a good reason. Where permission is granted: The trip is temporary and well-defined. There is no risk of permanent relocation. The trip is in the child's best interest. Courts may set conditions like financial guarantees or clear deadlines for returns. Child Travel Restrictions in the UAE A child travel restriction is a legal measure that keeps a minor from leaving the UAE as a precaution. Important features: Either parent can ask for it. In disagreements, it is often given on a temporary basis. It can be enforced right away at all UAE ports of exit. Once the restriction is in place, it works no matter what the custody status is, and it can't be bypassed without a court order. Applications for Travel Permission That Are Urgent If you need to travel right away, you can ask the right court for: Temporary lifting of a travel ban One-time travel authorization Preventive orders allowing travel subject to conditions Such applications are typically assessed on an expedited basis but require precise legal framing and supporting evidence. When there is an urgent need for help, child travel disputes need both quick procedures and clear substance. Mrs. Awatif Al Khouri has handled complicated family law cases in the UAE, such as those involving travel bans, custody fights, and emergency court applications. In these kinds of cases, it's often necessary to carefully follow both the law and court rules. Conclusion There is no clear answer to the question of whether a parent can take a child on a trip without the father's permission in the UAE. Under the civil personal status regime, parental authority is shared, although unilateral actions are, however, legally contestable. According to the personal status law, parental permission is still a key requirement for international travel. In both systems, the court is in charge, and it makes decisions based on what is best for the child. Early legal assessment is important in sensitive situations that involve travel. Mrs. Awatif Al Khouri has handled these kinds of disputes in both court and advisory settings, showing how important it is to have a structured and legally sound approach when parental rights and cross-border movement come together. Author: Awatif Al Khouri

When it comes to inheritance in Dubai, it's important to find a good balance between legal requirements, family ties, and personal wishes. There may be questions about how to read or use a will in some cases, especially when the assets, beneficiaries, or legal frameworks are different. Because the UAE has a wide range of laws, disputes can involve both civil and Sharia principles, depending on the situation. People can better understand and feel more confident about how to deal with these problems by learning how the law deals with them. Understanding Will Disputes in Dubai A will dispute happens when someone challenges the validity, interpretation, or execution of a will. In Dubai, these disputes are handled through the courts, and the applicable law depends on several factors. For Muslims, inheritance is typically governed by Federal Decree Law No. 41 of 2024 on Personal Status, which is based on Islamic law. The Federal Decree Law No. 41 of 2022 on Civil Personal Status grants non-Muslims more freedom. For example, they can distribute their possessions in accordance with a registered will. Abu Dhabi Law No. 14 of 2021 also helps expats in Abu Dhabi because it makes it clear how to divide up an estate when there is no will. For example, it says that all children should get the same amount of money, regardless of their gender. Common Reasons for Contesting a Will Disagreements or uncertainty about what the deceased wanted can often lead to disputes in Dubai. Such situations can get out of hand very quickly, especially when they involve important assets or family ties. Why it's important to get legal help in will disputes It's not just about reading a will when there are disputes. They need to know UAE laws, court procedures, and the rules for presenting evidence very well. Even a small technical problem, like not registering or witnessing correctly, can change the outcome of a case. A well-structured legal approach helps in: Assessing whether the will is legally valid Identifying the correct law that applies to the estate Preparing strong documentation and evidence Representing your position before the court Exploring settlement options to avoid prolonged litigation In many cases, disputes can be resolved faster when both sides receive clear and practical legal advice from the beginning. How to Settle a Contested Will in Dubai There are usually several steps to take when dealing with a contested will in Dubai. The general steps are the same for all cases, but they may differ. Going over the Will and Estate Papers The first thing to do is to carefully read the will, property records, bank accounts, and any other papers that support it. Figuring out what law applies The court will decide which law applies based on the person's religion, nationality, and whether or not they have a will. Making a Claim If a disagreement can't be worked out peacefully, the case goes to court. Proof and Hearings Both sides make their cases, using documents, witnesses, and expert opinions if needed. Decision and Enforcement The court makes a decision, which could mean moving assets around or confirming that the will is valid. Because this process is legally and emotionally complicated, it's important to hire a will dispute lawyer in Dubai at all times. Key Challenges in Contested Will Dubai's legal system is flexible, but this also makes some things harder: Assets in more than one country: Many expats own property in more than one country. Different legal systems: There are problems when the law in your home country and the law in the UAE don't agree. Wills that aren't registered: Not registering them can cause problems. Family fights: Stressful emotions can make it hard to make decisions To deal with these problems, we need to be clear about the law and have a practical, problem-solving attitude. Helpful tips for avoiding or dealing with will disputes There are steps you can take to lower the risk, even though not all disputes can be avoided: Write a will that is clear and follows the law Change the will often to reflect changes in your life Keep good records of your assets and beneficiaries. Talk to family members about your plans when you can. Get legal advice as soon as possible if a disagreement comes up Following these steps can make a big difference in keeping you out of long, stressful legal battles. A Practical Way to Deal with Disputes Experience in the UAE courts is very important when it comes to contested cases in Dubai. A will dispute lawyer in Dubai who works with family and estate disputes on a regular basis knows how judges think about fairness, evidence, and the best interests of dependents. Mrs. Awatif Al Khouri is well-known for her extensive experience in litigation in UAE courts, including handling sensitive family and inheritance disputes. Her method is to combine strong legal arguments with practical solutions, making sure that clients can get through tough times with confidence and clarity. Choosing the Right Legal Support If you are dealing with a contested will in Dubai, the right will dispute lawyer Dubai, will help in: Honest and clear advice from the start A good understanding of both civil and Sharia law when it comes to inheritance Experience with court cases and settling disputes Ability to deal with private family issues with care Final Thoughts Contested wills in Dubai can be complicated, especially since there are many different cultures and legal systems that come together. It's important to know your rights and act quickly when you're contesting a will or defending one. A good legal strategy can help you protect your interests, lower the level of conflict, and make a confusing situation easier to understand. With help from professionals like Mrs. Awatif Al Khouri, people can handle will disputes with more confidence and a clear path ahead. Author: Awatif Al Khouri

Rental disputes in Dubai are rarely as simple as they first appear. What may begin as a delayed rent payment or a tenant refusing to vacate can quickly turn into a legal issue that requires strict compliance with UAE tenancy laws. For landlords, having the right landlord lawyer in Dubai or a rental claim lawyer in the UAE is not just helpful; it is often essential. This guide walks you through the legal landscape in a clear and practical way, helping landlords understand their rights, avoid common mistakes, and choose the right legal support. Understanding Rental Disputes in Dubai Law No. 26 of 2007, as amended by Law No. 33 of 2008, and rules from RERA govern Dubai's rental system. These laws try to find a middle ground between the needs of landlords and tenants, but they also have strict rules about how things should be done. From a landlord’s perspective, the most common disputes usually arise from: Non-payment of rent Tenants refusing to vacate after notice Disagreements over rent increases Property misuse or illegal subletting Damage to the property What many landlords do not realize is that even when they are clearly in the right, failing to follow the correct legal process can weaken or even invalidate their claim. Why Landlords Need a Rental Dispute Lawyer It's easy to think that a rental dispute is simple, especially when the problem seems clear. But Dubai's legal system is very organized, and even small mistakes in how things are done can have big consequences. A good rental claim lawyer in the UAE does more than just file a case. They help you approach the situation strategically. They begin by assessing whether your claim is legally strong. For example, in eviction cases, the lawyer will check whether the correct notice period has been given and whether it has been served through the proper legal channels. They also ensure that all notices are drafted correctly. This is particularly important because improperly served notices are one of the most common reasons landlords lose otherwise valid cases. Beyond that, a lawyer represents you before the Rental Disputes Center (RDC), ensuring that your case is presented clearly, supported by proper documentation, and aligned with how the RDC typically evaluates disputes. The Legal Rights of Landlords in Dubai Dubai law does provide landlords with strong rights, but these rights must be exercised carefully. A landlord has the right to evict a tenant, but only under specific conditions. For instance, if rent remains unpaid after a formal 30-day notice, eviction proceedings can begin. Similarly, eviction for personal use or sale requires a 12-month notarised notice. Landlords also have the right to increase rent, but only in line with the RERA Rent Index and with proper notice. Arbitrary increases are not enforceable. In cases where tenants breach the tenancy agreement, such as damaging the property or leaving early without agreement, landlords may also be entitled to ask for compensation. The most important thing to remember is that the law protects landlords, but only if they follow the right steps. What Makes the Best Landlord Lawyer in Dubai? Not all lawyers approach rental disputes in the same way. The best ones combine legal knowledge that is useful in real life. A good landlord lawyer knows more than just the law; they also know how the Rental Disputes Center works in real life. They know what kinds of evidence are important, how cases are usually judged, and how to make your claim stand out. effectively. They also focus heavily on documentation. In Dubai, cases are often decided based on records, Ejari registration, payment history, written communication, and properly served notices. Equally important is their ability to give practical advice. In some situations, pursuing eviction may not be the most efficient solution. A good lawyer will help you explore alternatives such as negotiated settlements or structured payment arrangements, depending on what works best for your situation. The Importance of Strategic Legal Thinking In more complicated cases, the outcome often depends on how well you prepare rather than what you say in court. From Mrs. Awatif Al Khouri's point of view, the key to winning legal battles is careful planning to make sure that all the documents, notices, and procedural steps are in order before the case reaches the RDC. This kind of strategic thinking can really help, especially in disputes that are worth a lot of money or are very private. Common Mistakes Landlords Should Avoid Many landlords unintentionally weaken their position by making avoidable errors. One of the most common mistakes is serving notices incorrectly, either informally or without following legal requirements. Others rely too heavily on verbal agreements, which are difficult to prove in court. Failing to register Ejari, attempting to force a tenant out without legal process, or ignoring required notice periods can also lead to serious legal setbacks. In Dubai, the courts prioritize compliance. Even a strong case can fail if the process is not followed properly. Choosing the Right Rental Claim Lawyer in the UAE Choosing the right lawyer is an important choice. It's important to know how to handle tenancy disputes, but it's also important to know how to follow RDC rules. A good lawyer should be able to explain your choices in a way that is easy to understand and doesn't use a lot of legal jargon. They should also have a plan for how to write and prepare cases. For expats and landlords managing property from abroad, communication becomes even more important. You need someone who can guide you step by step and keep the process transparent. Ultimately, the goal is not just to win a case but to resolve the dispute efficiently and with minimal disruption. Conclusion Rental disputes in Dubai are not just about proving a point; they are about following the law exactly and making your case well. For landlords, the little things can make the difference between success and failure. For example, how a notice is served, how documents are put together, and how the case is set up from the start. If you hire the right landlord lawyer in Dubai, you can be sure that your rights are protected and your case is handled with the care it needs. In this case, it's very important to have experienced legal advice. Mrs. Awatif Al Khouri often asserts that the outcome of a rental dispute is mostly decided before it even gets to court by careful planning, good paperwork, and smart choices. This point of view makes a simple but important point: to win a tenancy dispute, you need to do more than just react to problems. You need to be clear about what you want, be ready, and get the right legal advice from the start. Author: Awatif Al Khouri

Introduction The UAE Contracts are governed by two primary legislations, the Civil Code and the Commercial Transactions Law. The Civil Code Law under Federal Decree Law No. 25 of 2025, to be enacted on 1st June 2026, abrogates the Federal Law No. 5 of 1985 governs general civil transactions, while the Commercial Transaction Law, established by Federal Law No. 50 of 2022, specifically addresses commercial and merchant transactions, where the primary goal is to make a profit. Fundamental Principles of Contract Law According to Article 113 of the 2025 Civil Code, a contract is formed when an offer and acceptance come together, showing a shared intention to create legal effects. Article 113(2) concerns pacta sunt servanda, which stipulates that a validly formed contract constitutes private law between the parties and can only be revoked or amended by mutual agreement or on legal grounds. A contract shall satisfy the principles of good faith. This duty also extends to the negotiation, as well, when a party who withdraws from negotiations in bad faith can be held liable for the other party’s actual losses. For a contract to be legally valid, Article 124 provides for three requirements. Consent The object of the contract is certain, lawful, and capable of existing The purpose must be lawful. Specific Commercial Law Principles The Commercial Transactions Law governs the commercial and merchant transactions, both commercial physical and virtual activities. These businesses shall be governed by the agreement between the parties and the provisions of the Commercial Transaction Law (2022). In the absence of a specific provision or commercial custom, the Civil Code shall apply, provided its application does not conflict with the general principles of commercial activity. Some of the specific commercial law principles are as follows: Article 373 of the civil law does not assume joint liability. However, Article 69 of the Commercial Law says that if two or more people owe a business debt, they are automatically jointly responsible unless the law or an agreement says otherwise, in contrast to the Civil Law. Civil transactions are subject to specific evidentiary requirements, and Article 8 says that evidence is governed by provisions in force at the time evidence was prepared. While the Commercial Law expedites the process, and commercial obligations can be established by all means of evidence, regardless of the amount involved, as provided under Article 91. In Commercial Law, Article 71 provides that if a merchant performs a service or business related to their commercial activities for a third party, they are deemed to have done so for consideration, unlike civil law, which says that the work is for free if the work is of a nature customarily performed gratuitously or falls outside the person’s professional vocation. While civil courts can grant an exception ‘reasonable period of grace’ for performance under Article 311(2), commercial courts are generally prohibited from granting a debtor a time limit for payment unless the creditor consents or under general exceptional circumstances as provided under Article 82. Interest is prohibited under civil law based on Sharia principles. Any agreement that includes a benefit more than the main amount is generally regarded as null and void. The contract remains valid, as indicated in Article 591(2). But Article 72 of the Commercial Law makes it clear that a creditor can get interest on a business loan. The contract sets the rate; if no rate is given, the market rate is used, provided it does not exceed 9%. The general limitation period for actions to enforce a right under civil law is 15 years, though there are shorter periods for some transactions. Under Commercial Law, to ensure the finality of business dealings, Article 92 provides that cases related to merchants’ obligations are barred after 5 years from the date the performance falls due. Steps for Handling Disputes Under Commercial Law The handling of disputes involves a structured process that prioritizes contractual agreements, commercial customs, and efficient evidentiary rules. 1. Reviewing the Contractual Disputes The first step is to refer to the agreement between the parties. Article 2 of the Commercial Law stipulates that commercial businesses and merchants are primarily governed by their specific agreements, unless they contradict the general commercial principles. Also, parties to commercial transactions are encouraged to specify a mechanism of dispute resolution within their contract. 2. Formal Notification Official summons and notices on commercial matters must be served through the Notary Public as provided under Article 81 of the Commercial Law. 3. Hierarchy of Law Article 2 of the Commercial Law says that in the absence of any specific agreement, the rules of commercial customs and practices shall apply. It is to be noted that a special or local custom will have precedence over general custom. The rules for previous dealings among the parties are also considered a special custom. In the absence of a commercial custom, civil law applies, unless it does not contradict the general commercial principles. Where the legislation is silent, the court adjudicates according to the Islamic Sharia principles. Natural law and equity will serve as the gap-fillers. Judicial Remedies In cases of breach, the buyer has several options through the court: The act provides for specific performance, i.e., execution in kind. This remedy aims to force the defaulting party to fulfill the exact terms of the agreements rather than just paying money for the breach. Article 102 of the Commercial Law provides for applying for a court order by the merchant to compel the seller to deliver the specific item. The court may refuse this execution in kind if it would be unduly onerous for the debtor. Rescission is the judicial undoing of a contract, intended to release both parties from their obligations because one side failed to perform. Article 234(1) of the Civil Law states that if one party fails to perform a material obligation, the other may apply to the court for rescission. Rescission under Articles 192 and 237 of the Civil Law has the primary effect of returning the parties to their pre-existing situation. Article 102 of the Commercial Code states that if a seller fails to deliver, the merchant has the explicit right to cancel the contract. The party may demand damages. and compensation for losses, considering the contract terminated. Parties can agree in their contract, and the agreement will be terminated ipso facto upon a breach of contract without the need for a specific court judgment to confirm the termination, provided a formal notice is served (Article 235 of the Civil Law). The court provides for damages either as a standalone remedy or in combination with rescission or execution in kind. Damages are generally assessed based on actual loss. Under Article 222 of the Civil Code, if two parties have mutual obligations that are both due, either party may withhold performance of their own obligation (for instance, like paying the price), if the other party fails to perform their reciprocal obligation (for instance, like delivering the goods). Dispute Resolution Mechanisms Resolving disputes in commercial transactions meticulously is an essential element in managing risk in this globalized international environment. These disputes are usually resolved through formal court procedures or alternative dispute resolutions. 1. Litigation The UAE offers a civil law jurisdiction system through the onshore courts and common-law jurisdiction through the offshore courts. The onshore courts follow the federal laws. The offshore court in the free zones follows common-law jurisdiction through its laws aligned with the international judicial system. Onshore Courts The litigation process in the UAE is primarily governed by Federal Decree Law No 42 of 2022, which came into force on January 2, 2023. The UAE judicial system provides for a three-tier system, supplemented by specialized offices. Case Management Office (CMO): CMO is responsible for preparing and managing cases before they are referred to a judge. They are established at the seat of each court, and their duties include registration, service of process, exchange of submissions, and expert reports. Court of First Instance: These courts have the jurisdiction to hear all matters, disputes, and proceedings of civil, commercial, and personal status claims, provided it is not excluded by a special provision. Court of Appeal: This court hears the appeals against the orders and judgments issued by the First Instance Court. Court of Cassation: This court is the highest level of appeal and entertain challenges based on statutory violations, application problems, or procedural nullity.A case commences when the plaintiff submits a statement of claim to the CMO. Once the legal fees have been paid, the lawsuit will be fully registered. The case is referred to the appropriate courts, and pleadings are often held in open court, unless in sensitive cases. Following completion of the procedures, the court issues a reasoned and signed judgment. A party has 30 days to appeal a ruling to the Court of Appeals, and a final challenge can be filed within 30 days of the appellate judgment within the Court of Cassation. Offshore Courts Apart from the onshore courts, the free zone areas have their own common law jurisdiction system. Dubai International Financial Center (DIFC), following English language, has its own laws and an independent court, DIFC Courts, as governed by Law No 2 of 2025. Their structure comprises the Court of Appeal, Court of First Instance, and a Small Claims Tribunal. They have exclusive jurisdiction over civil and commercial disputes involving DIFC establishments. They also allow external parties to opt in to their jurisdiction through clear written agreements. Abu Dhabi Global Market (ADGM) is also a financial free zone situated in the Emirate of Abu Dhabi, having its own laws and an independent judicial system. 2. Alternative Dispute Resolution Negotiation and Mediation Negotiation allows the parties to have direct discussions and helps them to reach a conclusion. This is considered the initial step in any kind of conflict. Mediation is a step above negotiation, because in mediation, there will be a neutral third party who facilitates the discussions and helps them to find a middle ground. Arbitration Arbitration is the preferred way for resolving high-value complex disputes. The Federal Law No. 6 of 2018, amended by Federal Decree Law No. 15 of 2023, governs the process of arbitration and is based on the UNCITRAL Model Law. The panel and the arbitrators will be decided and appointed by the parties, and their decision will be binding between the parties. The Arbitration Law helps to uphold party autonomy and is a cost-effective, speedy way to settle disputes. Conclusion The Civil Code provides the general foundation for all obligations, and the Commercial Code introduces specific rules tailored for merchants and business dealings. While handling disputes within commercial transactions, the contract is to be reviewed first in order to identify whether the principles mentioned in the contract are fair and do not conflict with the general principles. And for resolving disputes, they shall adhere to the mechanism of dispute resolution provided in the contract. Author: Awatif Al Khouri

What to do immediately if you receive an eviction notice in Dubai Receiving an eviction notice in Dubai can feel overwhelming. For many tenants, especially expats, it creates immediate stress and uncertainty about what comes next. But before reacting, it’s important to understand one thing clearly: an eviction notice does not automatically mean you have to leave. The laws about renting in Dubai are made to protect both landlords and tenants. In a lot of cases, eviction notices are sent out incorrectly or without following the right legal steps. This is when an experienced eviction lawyer in Dubai can help you figure out what to do and how to respond strategically instead of panicking. Understanding the Legal Framework Dubai Law No. 26 of 2007, as updated by Law No. 33 of 2008, says how evictions can happen in Dubai. These laws make it very clear when and how a landlord can evict a tenant. In short, a landlord can't kick you out just because they want to. There has to be a good legal reason, and the right steps have to be taken. You can fight the eviction if either of these things is missing. When Can a Landlord Legally Evict You? The law distinguishes between eviction during the tenancy and eviction at the end of the tenancy. Understanding this difference is key to building a strong tenant eviction defense in the UAE approach. Eviction During the Tenancy During an active contract, you can only evict someone in certain situations, like not paying rent, subletting without permission, using the property for something else, or causing serious damage. Even in these situations, eviction doesn't happen right away. The landlord has to send you a formal legal notice first and give you a chance to fix the problem. For instance, if you delay in paying rent, you must be given time to pay before any action is taken. Eviction at the End of the Tenancy Most eviction disputes arise at the end of a lease. Here, the law is even stricter. A landlord can only evict you for specific reasons, such as: Selling the property Moving in personally or for a first-degree relative Carrying out major renovations or demolition Even then, the landlord must provide 12 months’ prior notice, and this notice must be served through a notary public or registered post. If these conditions are not met, the eviction is not legally enforceable. Where Tenants Often Go Wrong One of the most common issues is not the eviction itself, but how tenants respond to it. A lot of renters: Assume the notice is automatically valid. Talk about things instead of writing them down in legal documents. Delay taking action Leave the property without looking into their rights. These reactions, while understandable, can make your position much weaker. A more careful and well-thought-out response can often change the whole thing. How an Eviction Lawyer in Dubai Can Help At this stage, the role of an eviction lawyer in Dubai is not just procedural; it is strategic. A lawyer will begin by carefully reviewing the eviction notice. This includes checking whether it was served correctly, whether the legal grounds are valid, and whether all statutory requirements have been met. In many cases, small technical errors in the notice can make it invalid. If the eviction seems illegal, the next step is usually to file a complaint with the Rental Dispute Center (RDC). Filing a case can put the eviction on hold and allow the matter to be reviewed under the law. Another critical aspect is identifying misuse of eviction grounds. It is not uncommon for landlords to claim they intend to move into the property or sell it, only to re-rent it later at a higher price. Such actions are not permitted, and tenants may be entitled to compensation if this is proven. In some situations, however, the best approach may not be litigation but negotiation. With the right legal guidance, tenants can often secure additional time to vacate or agree on fair compensation terms that don't make the case worse. Law firms with a lot of experience, like Awatif Mohammed Shoqi Advocates and Legal Consultancy, often stress this kind of early, organized approach. The goal is to figure out the risk early on and keep the tenant safe before matters become more complex. What You Should Do Immediately If you have received an eviction notice, the steps you take in the first few days are critical. Start by reviewing the notice carefully. Check whether it has been properly notarized or sent through registered mail and whether it provides the required notice period. Next, get together all the important papers, like your tenancy agreement, your Ejari registration, proof of payment, and any messages you sent to your landlord. These will be the basis of your defense. Most importantly, don't let your feelings get the best of you. It's normal to feel angry or anxious, but informal responses or words of agreement can create complications later. At this point, seeking advice from an experienced eviction lawyer in Dubai is not just helpful; it can be decisive. Key Tenant Rights to Keep in Mind Many tenants are not fully aware of the protections available to them under UAE law. For example, you cannot be evicted without proper legal notice. Rent increases and evictions are treated as separate issues, and one cannot be used to justify the other. Landlords are also not allowed to force tenants out through pressure, threats, or informal arrangements. Additionally, if a dispute is filed, tenants generally have the right to remain in the property until a decision is issued. These protections form the backbone of any effective tenant eviction defense UAE strategy. When Legal Help Becomes Essential Some problems can be solved by talking directly to the other person, but there are times when you need legal help. If the eviction notice isn't clear or is too casual, if the landlord is putting pressure on you to leave quickly, or if you think the eviction is just a way for the landlord to rent the place again, you have to act right away. Timing is very important in eviction cases. The sooner you ask for help, the more choices you have. Conclusion Eviction situations in Dubai are not always as clear-cut as they seem. Even though the process may seem urgent, the law gives tenants a lot of rights. Made sure that those rights are exercised appropriately and timely. A calm, well-informed, and legally sound approach can make a big difference. The most important thing is to act quickly, whether that means successfully fighting the eviction, getting better terms, or getting more time. In practice, this is where lawyers like Mrs. Awatif Al Khouri and her team stress the need for early action, checking the notice's validity, finding flaws in the landlord's case, and helping tenants through a structured defense strategy before the situation escalates. If you get an eviction notice, take a step back, think about your situation carefully, and get the right advice. An experienced eviction lawyer in Dubai can help you with a lot of things that seem like a big deal at first. You can navigate it with clarity and confidence. Author: Awatif Al Khouri

Intellectual property is one of the most valuable assets for businesses and individuals in Dubai. From brand names and logos to software and creative works, protecting these rights is essential in a competitive and fast-growing market. When people look for the best IP law firm in Dubai, they often want a single, clear answer. In fact, the UAE's legal market is very varied, and it is better to understand what makes an IP law firm good and how to pick the right one for you. The legal framework for intellectual property in the UAE Intellectual property rights in the UAE are governed by federal legislation. The key laws include: Federal Decree-Law No. 36 of 2021 on trademarks Federal Law No. 38 of 2021 On Copyrights and Neighboring Rights Federal Law No. 11 of 2021 On the Regulation and Protection of Industrial Property Rights These laws set rules for the registration, use, and enforcement of trademarks, patents, designs, and copyrights. In practice, IP protection involves many authorities, such as the Ministry of Economy for registration, the UAE courts for disputes, and customs authorities for stopping counterfeit products. Because of this, an IP law firm in Dubai does more than just file applications. It includes protecting rights in real-life situations. What defines the best IP law firm in Dubai? Instead of focusing on names, it is more useful to focus on capability. The strongest intellectual property law firms in Dubai usually demonstrate the following: Full legal support The company should be able to take care of all aspects of IP, from registering it to licensing it to using it in business to resolving disputes. After registration, problems may arise, so enforcement capability is critical. Experience in court Infringement cases often need quick legal action. An intellectual property law firm in the UAE that has worked with UAE courts before is better able to protect your rights quickly and effectively. A good understanding of business IP law in Dubai has a lot to do with business. The best lawyers come up with solutions that are both legally sound and good for business. Cross-border awareness Many IP matters involve international elements. Firms with regional or global exposure can better handle multi-jurisdictional protection and disagreements. Proven dispute resolution A strong firm is recognized by its expertise in handling trademark infringement, counterfeit goods, and licensing disputes. Why enforcement is more important than registration One of the most prevalent misconceptions is that registering a patent or trademark is sufficient. In actuality, the true challenge frequently begins after registration. Businesses in Dubai frequently face issues such as: Unauthorized use of trademarks Counterfeit products in the market Online misuse of intellectual property Breach of licensing agreements These situations require quick and effective legal action. A firm that can only handle registration but not enforcement may not be sufficient for long-term protection. How to choose the right IP law firm in Dubai Selecting the right intellectual property law firm depends on your specific goals. Instead of asking which firm is the best overall, consider: Have they dealt with identical IP problems before? Are they able to manage both disputes and advisory work? Do they know the authorities and procedures in the United Arab Emirates? Do they offer concise and useful guidance? The ideal intellectual property law firm in the UAE  is one that comprehends your industry and provides solutions tailored to your situation. The importance of knowledge in complicated intellectual property matters In the United Arab Emirates, intellectual property issues often overlap with other areas of law, such as contracts, business disputes, and the rules. A trademark dispute may also include things like unfair competition or breaking a contract. Because of this, it's important to have legal experience to effectively deal with IP issues. Mrs. Awatif Al Khouri's experience with lawsuits can be very helpful in these kinds of situations. Her approach shows an important truth about Dubai's legal system: protecting intellectual property often requires a mix of legal knowledge, court strategy, and business sense. Conclusion There is no single law firm that can be described as the best IP law firm in Dubai for every situation. The legal market includes several strong firms, each with different strengths and areas of focus. The key is to choose a firm that can not only register your intellectual property but also protect and enforce your rights when it matters most. A well-rounded legal approach, supported by experienced professionals such as Mrs. Awatif Al Khouri, ensures that your intellectual property is properly secured and effectively defended in the UAE. Author: Awatif Al Khouri

For many residents and expats, one of the first questions after a police complaint or criminal case is: Can you leave the UAE with a criminal case?" The answer depends on the type of case, its stage, and whether a travel ban or legal restriction has been issued. The existence of a criminal case does not stop everyone from traveling. But once a complaint is filed and is being investigated, the police, Public Prosecution or court may take measures to ensure that the accused is available for investigation, hearings, and enforcement of any final judgment. The UAE’s criminal procedure is largely dictated by Federal Decree-Law No. 38 of 2022 on Criminal Procedure, while the crimes and punishments are defined by Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law. Can You Travel While a Criminal Case Is Pending? You may be able to travel only if there is no active travel ban, arrest warrant, court order, or other restriction preventing you from leaving the UAE. In practice, criminal cases may lead to travel restrictions where the authorities need to secure the person’s presence. The decision on whether to impose a travel restriction will be based on a number of factors, including the seriousness of the complaint, the evidence available, the risk of non-attendance and the current stage of the case. Therefore, one should not assume that he is free to travel just because he has not received written notice. What Is the Role of the Public Prosecution? The Public Prosecution is responsible for criminal investigations and also determines whether a case should proceed to the court. This is not merely an administrative power. It has the legal competence to assess evidence, to interrogate the parties, to decide procedurally, and to refer cases to the competent court. In travel-related issues, the Public Prosecution may become involved where the accused person’s presence is required for investigation or where there is concern that the person may leave the UAE before the case is resolved. The court may also impose, continue, or lift restrictions depending on the circumstances. What Happens If You Try to Leave with a Travel Ban, and Can a Travel Ban Be Removed? If there is an active travel ban, you may be stopped at immigration or the airport. This can result in missed travel, questioning, or further legal complications. It is risky to go to the airport without first checking the status of a criminal case, especially if the complaint is recent or still under investigation. A travel ban may be removed when the legal reason for it no longer exists. This may happen if the complaint is settled where legally allowed, the case is dismissed, the accused is acquitted, the judgment is executed, or the competent authority accepts an application to lift the restriction. In circumstances such as for medical treatment or family emergencies, a person may, where appropriate, seek a temporary travel authorization. Approval is not automatic. The authority may consider the nature of the case, the risk of non-return, supporting documents, and whether guarantees are necessary. Are Settlements Enough to Travel? Settlement may help in certain criminal cases, especially where the matter includes a private complaint or financial claim. However, settlement does not always end criminal liability. Some offenses may continue because they involve the public right or public interest. Therefore, even after settlement, it is important to confirm that the criminal file has been closed and that any travel ban has actually been removed from the system. Why Legal Advice Matters Before Traveling Criminal cases in the UAE can go through different stages, such as police complaint, prosecution, court, appeal, and enforcement. Each phase may impact travel rights in different ways. Mrs. Awatif Al Khouri, a senior Emirati advocate, is often approached in criminal matters when residents, expats, and business persons need clarity on prosecution steps, court procedures, and travel restrictions. The aim in such cases is to respond to the allegation and also to establish whether the person is safe to travel or whether a formal request needs to be made. Practical Steps Before Leaving the UAE If you have a criminal complaint or suspect one has been filed, find out if there is a travel ban, arrest warrant, hearing date, or prosecution requirement. Keep copies of any settlement, complaint number, judgment, proof of payment, or official clearance. It is also important to respond to police, prosecution, or court notices on time. Ignoring summons or hearings can worsen the situation and may lead to stricter measures. Conclusion So, can you leave the UAE with a criminal case? You can leave only if there is no legal restriction preventing travel. A pending criminal case may lead to a travel ban where the authorities need to secure the accused person’s presence for investigation, trial, or enforcement. Before traveling, always verify the case status and take the proper legal steps if a restriction exists. Guidance from a senior criminal law practitioner such as Mrs. Awatif Al Khouri can help individuals understand their position, assess available options, and follow the correct procedure for removing or temporarily lifting a travel restriction. Author: Awatif Al Khouri

The rapid digital transformation of the United Arab Emirates has created a unique intersection between advanced technological infrastructure and a legal system deeply rooted in the protection of individual dignity, social harmony, and national security. In response to the complexities of the digital age, the UAE has implemented one of the most comprehensive and stringent legal frameworks to combat digital misconduct. Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes is the most important law in this system. It replaced old laws to deal with new threats like deepfakes, automated misinformation, and complicated financial fraud. This article examines the overall effects of UAE cybercrime laws. It focuses on how hard it is to protect privacy and defame someone online in a world that is becoming more connected. The Policy Objectives of Federal Decree-Law No. 34 of 2021 Federal Decree-Law No. 34 of 2021 marks a major change in the UAE's regulation of digital technology. Before this, Federal Decree-Law No. 5 of 2012 was the main law that dealt with cyber crimes. But the rapid growth of social media and the move to digital government services meant that a stronger law was needed to deal with the "viral" nature of online content and the complexity of modern cyberattacks. The main goal of the 2021 law is to keep "social harmony" and "public order." In the UAE, this means protecting the state's reputation and the personal honor of its residents. The UAE legal system prioritizes people's privacy and prohibits any speech that could incite civil disorder or propagate fear. This idea is reflected in the severity of the punishments, which are intended to be a strong deterrence to improper use of information technology. The law covers both technical crimes like hacking and system tampering and content-based crimes like spreading false information, bullying people online, and publishing things that go against public morals. The law also makes it clear how businesses should be held responsible for the digital activities that their systems or employees allow. Definitions and the Scope of Jurisdiction Federal Decree-Law No. 34 of 2021 gives clear definitions of all the technical parts that fall under its jurisdiction so that enforcement is clear. These definitions are very important because they set the limit for criminal liability in a digital setting. Definitions under Article 1 Information Technology: All the tools and systems used to create, process, store, share, or use electronic information, such as systems, programs, websites, networks, and other things. Information Technology Method: Any device or system, magnetic, optical, electrochemical, or otherwise, used to process, store, or transmit electronic data, including any method that enables data storage or communication. Information Network: A connection between two or more information technology systems, facilitating the exchange of data. Illegal Content: Any content involving a punishable crime or whose publication or circulation may harm state security, sovereignty, public interests, public health or peace, international relations, election integrity, social harmony, or public trust in state authorities. False Data: Rumors or news that are false or misleading, in whole or in part, whether by themselves or within their context. Electronic Robot: A program created or modified to execute automated tasks quickly and in an efficient way. Article 1 and later interpretations make it clear that the law applies to anyone, no matter where they are, if their digital actions have an effect in the UAE. This includes content that is aimed at a person living in the UAE, a local business, or the government's reputation. Legislation against online defamation and insulting language. The UAE legal system places a high value on protecting people's reputations, and online defamation is seen as a serious crime rather than just a civil matter. Article 43 of Federal Decree-Law No. 34 of 2021 is the main law that covers this area. It talks about both defamation (slander) and using insulting language through digital means. Slander and Insult under Article 43 When someone utilizes an information network or information technology system, and they either use language that diminishes their honor or dignity or attribute an incident to someone else that could lead to punishment or public contempt, they are in violation of Article 43 of the Federal Decree Law No. 34 of 2021. Slander is generally believed to be the attribution of a particular incident, such as accusations of criminal activity or professional misconduct. On the other hand, "insult" is defined as using derogatory, demeaning, or offensive language without mentioning a particular fact. The penalties are strict. A person found in violation may face detention and/or a fine ranging from AED 250,000 to AED 500,000. If the act is committed against a public servant in connection with their duties, this is treated as an aggravating circumstance. The provision applies regardless of whether the communication is public or private, provided it is made through an information network or a system for information. UAE courts look at online defamation based on how it affects the person who made the statement. They use a "reasonable person" standard to decide if it is insulting or harmful to their reputation. Intent isn't always important, but it does matter in crimes that violate privacy. Article 44: Protecting Your Privacy and Personal Life Article 44 of the UAE's cybercrime law gives people a strong way to protect their privacy from digital technology. People often use this article when they share private messages, photos, or personal data. The Criminalization of Unauthorized Digital Intrusion Article 44 prohibits the use of an information network or any information technology means to breach the privacy of an individual or their family life. The law specifies several prohibited acts: Eavesdropping and recording: It is illegal to intercept, record, or disclose conversations or communications without the consent of the parties involved. Unauthorized photography: Taking photographs of others in either public or private places, and subsequently storing or sharing them without permission, is a criminal offense. Publication of casualty photos: The law strictly forbids sharing photos or videos of the injured, the deceased, or victims of accidents and disasters. Malicious publication of truth: The publication of news or images, even if true, is prohibited if the intent is to harm a person's reputation. Violation of Article 44 leads to severe legal consequences. A fine of AED 150,000 to AED 500,000 and/or a minimum six-month jail sentence may be imposed for violating someone's privacy through the use of information technology. This includes recording or disseminating conversations, pictures, or data without permission, even if true, when done to harm. If the offense involves altering or manipulating recordings or images for defamation or abuse, the penalty increases to a minimum of one year’s detention and/or a fine ranging from AED 250,000 to AED 500,000. Combating false news, rumors, and inappropriate use of e-robots According to Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes, spreading false information is a serious crime because it can affect public order, national security, and the economy. Articles 52 and 54 talk about spreading false information and using automated tools to spread that information far and wide. Article 52: Spreading False News Article 52 says that it is against the law to publish or share false information, fake news, or rumors that could hurt the economy, public health, or the public good. Violating the law will lead to at least detention for one year and a fine of at least AED 100,000. If the crime is against a state authority or happens during a crisis, the punishment goes up to at least two years of detention and AED 200,000. Creating or using E-Robots under Article 54 Article 54 talks about how automated systems can be used to spread false information. Anyone who creates or changes an electronic robot to spread false information or news, or lets other people do it, shall be sentenced to detention for up to two years and/or fined between AED 100,000 and AED 1,000,000. The penalty may be enhanced in cases when numerous people are implicated, reflecting the higher risk posed by coordinated or large-scale spread of misleading information. Technical Cybercrimes: Hacking, Fraud, and Data Breaches Beyond content-related offenses, the Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes establishes a comprehensive framework addressing technical cyber offenses that impact the security and integrity of information systems and digital data. Unauthorized Access and Hacking (Articles 2 and 4) Article 2 makes it illegal to access websites or information systems without permission. Penalties include detention and fines of AED 100,000 to AED 300,000, which increase if damage, disruption, or misuse of data occurs, and even more if the act is done for an illegal purpose. Article 4 covers more serious crimes, like intentionally disrupting or damaging systems. The penalties are harsher, with fines ranging from AED 500,000 to AED 3,000,000 and provisional imprisonment. Article 40: Online Fraud and Financial Crimes Under Article 40, it criminalizes acts such as creating fake names or impersonation to illegally get movable property, benefits, documents, or signatures using information technology. This rule covers online scams that are meant to trick people and identity theft. If someone is found guilty, they shall be sentenced to at least one year of detention and/or pay a fine of AED 250,000 to AED 1,000,000. Conclusion The UAE's laws against cybercrime and defamation show that the country regulates digital behavior, with a strong focus on protecting people's privacy, dignity, and public order. The Federal Decree-Law No. 34 of 2021 deals with both traditional forms of defamation and the new risks that come with modern technology, such as false information, privacy violations, and online fraud. One important thing to remember is that liability in the digital world is wide and strict. Statements made online, whether public or private, can lead to criminal charges. Even true information can be punished if it is shared in a way that hurts someone else's privacy or reputation. The law also holds people who share or spread harmful content responsible, not just the people who create it. Author: Awatif Al Khouri

Background Our client, a foreign importer of automotive parts represented by Awatif Mohammed Shoqi Advocates and Legal Consultancy, made a deal with an exporter in the UAE to supply goods. Our client made advance payments, and the other party was then required to send goods and issue commercial invoices in return. There were a lot of transactions over the course of about two years, which suggested that there was an established and ongoing trading relationship. The parties did not sign a formal written agreement to govern their business. The Dispute Our client noticed a big difference between the total amount of money sent to the other party and the value of the goods they actually got. Even though they made several advance payments, a large part of the goods that were supposed to be delivered were never delivered. Our client approached the UAE courts to recover the outstanding balance as well as damages for lost profits and other business losses that occurred because the funds were held up for so long, and the supply chain was disrupted. The other party claimed that full delivery had been made. Court of First Instance Because there was no formal contract and the financial trail was so complicated, the Court of First Instance set up a specialized expert committee. The expert committee conducted a thorough review spanning the entire duration of the commercial relationship and confirmed that a substantial outstanding balance remained owed to our client. The Court of First Instance agreed with everything the committee said, ruled in favor of the confirmed outstanding balance, and awarded damages according to the UAE Civil Transactions Law, which says that a party who acts wrongfully must pay for actual losses and lost profits that naturally result from that behavior. The court also asked the other party to pay the court costs, fees, and legal fees. Court of Appeal The other party appealed against the expert committee's methods and results and asked for a new committee to be set up. After a thorough review, the Court of Appeal upheld the original decision in full and ordered the other party to pay for the appeal, including legal fees and the loss of the security deposit. Conclusion This matter illustrates several important principles that arise in international commercial disputes before the UAE courts. The absence of a formal written contract does not prevent a party from pursuing a successful commercial claim. UAE courts are well-equipped to reconstruct the financial and transactional history of a relationship through the appointment of expert committees, drawing on payment records, commercial invoices, and shipping documentation. Author: Awatif Al Khouri

Introduction As a center for international trade and dispute resolution, the UAE has established a clear legal framework for the recognition and enforcement of foreign judgments. The main framework is the Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law and its amendments, which replaced the Federal Law No. 11 of 1992. The Statutory Foundation of Enforcement under Federal Decree-Law No. 42 of 2022 The main mechanism for the domestic enforcement of judgments and orders issued by foreign courts is contained in Section 3 of the 2022 Civil Procedure Law, which comprises Articles 222 to 225. Under Article 222, foreign judgments and orders are enforceable within the United Arab Emirates on the same conditions as those provided for by the laws of the originating country for the enforcement of judgments issued within the United Arab Emirates. An enforcement order can only be made by the competent enforcement judge if the petition satisfies a number of substantive prerequisites pursuant to Article 222(2). These requirements are applied with care so that valid foreign judgments can be enforced without infringing the State's sovereignty or public policy. The first requirement under Article 222(2)(a) is that the UAE courts must not have exclusive jurisdiction over the dispute in which the foreign judgment or order was issued. Furthermore, the foreign court that rendered the decision must have possessed jurisdiction in accordance with the rules of international jurisdiction applicable under its own law. Under Article 222(2)(b), the judgment or order must also have been issued by a court in accordance with the law of the country in which it was rendered and must be duly authenticated or ratified, as applicable. The execution judge is therefore required to verify both the jurisdiction of the foreign court and the formal validity of the judgment under the law of the issuing country before granting enforcement. Article 222(2)(c) provides that the litigants in the case in which the foreign judgment was rendered were duly summoned and represented. The judgment creditor should therefore be able to demonstrate that the parties were informed of the foreign proceedings in accordance with the rules of the issuing country court and that the proceedings were conducted in a manner that allowed for proper representation. This requirement is particularly important in the case where the judgment was issued in the absence of one of the parties, as the UAE execution judge may check whether the summons and representation requirements have been complied with prior to allowing enforcement. The documentation required to satisfy this condition may include proof of service or notification, together with documents showing that the judgment is final and enforceable in the country of origin. The focus at the enforcement stage is on procedural compliance rather than a re-examination of the merits of the foreign dispute. Article 222(2)(d) provides that the foreign judgment or order shall have the force of res judicata in accordance with the law of the court that rendered it. This means that the judgment must be final, binding, and enforceable in the country of origin. The requirement may be satisfied where the judgment has already acquired the force of res judicata under the issuing court’s law, or where the judgment itself states that it has such force. The judgment creditor should, as may be necessary, therefore lead evidence to prove that the judgment or order is final and enforceable. Article 222(2)(e) states that the foreign judgment should not be inconsistent with any judgment or order passed by a UAE court and should not contain anything that is contrary to public order or morals in the UAE. Refusal of enforcement may be justified on the grounds that the same dispute has already been adjudicated by a court in the UAE or that the foreign judgment leads to a result contrary to the fundamental legal, moral or public policy principles of the State. Article 223 The rules for enforcement shall apply to an arbitral award made in a foreign country. Accordingly, a foreign arbitral award may be enforced in the UAE if it meets the requirements for enforcing foreign judgments, provided that its subject matter is capable of being arbitrated under UAE law and that it is enforceable in the State of its origin. Article 224 applies to authenticated documents and to minutes of conciliation ratified by foreign courts. They may be executed in the UAE under the same conditions applied in the foreign country for enforcing UAE judgments. “The application should be submitted to the execution judge, who should verify the enforceability under the law of the authentication or ratification country and ensure enforcement does not contravene the public order or morals of the UAE. Article 225: The Priority of Treaties The default framework is the 2022 Civil Procedure Law, however Article 225 states expressly that the provisions of international treaties and agreements to which the United Arab Emirates is a party shall prevail over domestic legislation. Where a treaty applies, the enforcement process is simplified, and the requirements of Article 222 are often avoided in favor of the rules specific to that convention. The Riyadh Arab Convention (1983) The Riyadh Arab Convention for Judicial Cooperation provides a treaty basis for the recognition and enforcement of judgments among contracting Arab states. Under Article 25, judgments rendered by criminal courts in civil, commercial, administrative, personal status, and civil rights cases shall be recognized if they have the force of res judicata and if the court that issued the judgment had jurisdiction according to the Convention. Reasons for refusal are set out in Article 30, which include a conflict with Islamic Sharia, the Constitution, public order, improper notification in absentia judgments, lack of proper representation for persons lacking capacity, conflicting final judgments, or prior pending proceedings. The GCC Convention (1996) The GCC Convention of 1996 on the Execution of Judgments, Delegations and Judicial Notifications provides a regional mechanism for the enforcement of judgments between GCC states. According to Article 1, judgments in civil, commercial, administrative, and personal status cases rendered by the court in whose territory jurisdiction existed shall be enforceable. Article 2 provides for the refusal of enforcement if the judgment is contrary to the Islamic Sharia, the Constitution or public order; if the debtor was not duly notified; if the dispute has already been finally decided or is pending earlier in the enforcing state; if the judgment relates to official acts of the government of the enforcing state or its officials; or if enforcement is contrary to applicable international conventions. Procedural Mechanics and the Role of the Execution Judge The enforcement process for foreign judgments is designed to be a fast track at the first level. According to the 2022 Law, the judgment creditor files a petition for an enforcement order directly with the execution judge. This judge is assigned to the seat of each Court of First Instance, and has exclusive competence to enforce the writ and to adjudicate summary disputes concerning the enforcement. The Five-Day Mandate In accordance with Article 222(1), the enforcement judge shall decide on the petition for enforcement within five working days from the date of submission of the petition for enforcement. The fast timeline is intended to avoid the dissipation of assets and is indicative of the state’s transition to a more creditor-friendly environment. Documentary Formalities and Translation Requirements The creditor must meet stringent documentary standards for the petition to succeed. All foreign judgments and supporting documents must be authenticated and legalized by the Ministry of Foreign Affairs of the jurisdiction of origin and by the Embassy or Consulate of the United Arab Emirates. Also, Article 5 of the 2022 Law states that Arabic is the official language of the courts. Therefore, all foreign language documents should be translated into Arabic and certified by an accredited translator. The general rule for execution, however, remains tied to Arabic translations, although English is now accepted by some courts in specialized tribunals. Failure to satisfy these formal requirements is one of the most common grounds for refusals of enforcement applications. Once the enforcement judge issues the enforcement order, the judgment debtor must be properly notified according to the UAE procedural rules. The debtor may appeal the enforcement order after notification, within the legally prescribed rules and procedures. Practical Illustration In the case of a foreign family judgment enforcement, the foreign court’s divorce judgment imposed on one spouse financial obligations, including child-related expenses, maintenance payments, and repayment of a loan between family members. The judgment debtor was residing in Dubai and had not carried out the duties imposed by the foreign court. Where the debtor was in the UAE, and the enforcement against him was sought in the UAE, the UAE court applied the applicable framework of enforcement of foreign judgments. The case reaffirms that foreign family judgments are enforceable in the UAE subject to meeting certain statutory requirements. These requirements include the jurisdiction of the foreign court, proper notification and representation of the parties, the finality of the judgment, and no conflict with UAE public order or a UAE judgment. This also means that the UAE enforcement proceedings are not meant to re-open the original divorce issue, or to re-examine the merits of the foreign judgment. The role of a UAE court is rather to satisfy itself that the legal requirements for recognition and enforcement are fulfilled. Conclusion Federal Decree-Law No. 42 of 2022 has put in place a structured framework for the enforcement of foreign judgments in the UAE, with Articles 222 to 225 of the decree-law being pertinent. As a rule, the UAE courts do not consider the merits of the foreign dispute but look into whether the statutory requirements for enforcement are fulfilled. These are jurisdiction, proper notification and representation, finality, no conflicting UAE judgments, and compliance with public order and morals. The framework applies to foreign arbitral awards, authenticated documents, and court ratified conciliation records. Further, treaty-based channels like the Riyadh Arab Convention and the GCC Convention could be applied, wherever applicable. There is a clear legal mechanism in the UAE for the enforcement of foreign judgments, provided that the necessary procedural and substantive conditions are met. Author: Awatif Al Khouri

Financial fraud under UAE law refers to any act of deception, misrepresentation, or unlawful conduct with the intention of obtaining money, property, or financial advantage. It covers offenses like embezzlement, forgery, cyber fraud, and misappropriation of funds, which are punishable under criminal law. Quick Answer Who can take action? Any individual, company, or institution affected by fraud may take legal action. What are the rights? Victims have the right to file criminal complaints and claim damages and restitution of property. Legal rule: Financial fraud is a criminal offense under UAE law and can result in imprisonment, fines, and confiscation of proceeds. Governing law (with full name): Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law Federal Decree-Law No. 34 of 2021 on Combatting Rumors and Cybercrime (as amended) Federal Decree-Law No. 10 of 2025 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organizations Legal System in the UAE In the UAE, financial fraud is controlled through criminal laws and laws against financial crime. Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law This law defines core fraud offenses, including: Fraud and deception Breach of trust Embezzlement Forgery and use of forged documents The court may impose imprisonment and fines based on severity and financial impact. Federal Decree-Law No. 34 of 2021 (Cybercrime Law) This law covers: Online fraud and scam Identity theft and phishing Unauthorized access to the financial system The UAE law imposes harsher penalties on cyber-enabled fraud. Federal Decree Law No. 10 of 2025 (AML/CFT Law) This law introduces: A broad definition of predicate crimes, covering any felony or misdemeanor Criminalization of money laundering and handling illicit proceeds Liability for transferring, converting, concealing, possessing, using, or dealing with proceeds of crime According to UAE law, the proceeds of financial fraud can be deemed to be money laundering without a separate conviction for the underlying fraud offense if they are transferred, concealed, used, possessed, converted, or otherwise dealt with as proceeds of an illicit activity. Practical Use According to UAE Law: Cases of fraud are investigated by the police and the public prosecutor. Courts look at intent, evidence, and financial harm Asset tracing and confiscation may be ordered The court may impose criminal penalties in combination with civil compensation. Key Rules and Conditions Rights of Each Party Victim: Right to file a criminal complaint. Right to claim compensation. Right to request asset freezing Accused Legal representation Right to defend against charges Right to appeal court decisions. Court’s Discretion The court can: Assess intent and degree of fraud Order restitution of money Impose imprisonment or fines Freezing or seizure of assets Exclusions Lack of criminal intent may reduce liability Civil disputes can be distinguished from criminal fraud. Evidence must satisfy legal standards for conviction Legal Questions Based on Scenarios Can financial fraud lead to imprisonment in the UAE? Yes. Under UAE law, financial fraud is punishable by imprisonment depending on the severity and value involved. What happens if fraud is committed online? The UAE’s Cybercrime Law also covers cyber fraud and provides for harsher penalties. Is it legal to settle a financial fraud case privately? Settlement may be possible depending on the circumstances of the case What happens if someone is falsely accused of fraud? The accused has the right to defend the case. The court may dismiss charges if the evidence is insufficient. Can businesses be held liable for financial fraud? Yes. Companies may face penalties, fines, and regulatory consequences under UAE law. Criminal Procedure for Financial Fraud in the UAE Filing a Complaint The victim may file a complaint with the police and submit relevant evidence, documents, payment records, messages, contracts, or transaction details. Investigation The police look into the complaint and the evidence submitted to support it. The matter may then be forwarded to the public prosecution for further action and legal proceedings. Court Referral If the Public Prosecution finds that there are sufficient grounds, the matter can be referred to the criminal court, and charges can be filed. Court Proceeding The court holds hearings, reviews the evidence, hears the parties, and, when financial or technical issues are involved, may consider expert reports. Judgment The court reviews the facts and the evidence and then applies the law. The judgment may include penalties and compensation, restitution, or other orders, as the case may be. Enforcement Judicial authorities are responsible for enforcing court orders, including penalties, restitution, confiscation, and asset recovery actions as required. Legal Representation in Financial Fraud Cases Under UAE law, legal representation is essential in complex financial crime cases. Senior Emirati Advocate Mrs. Awatif Al Khouri, owner of Awatif Mohammed Shoqi Advocates and Legal Consultancy, advises and represents clients in financial crime matters, including fraud investigations, defense, and asset recovery proceedings. Common Mistakes and Misconceptions Many people believe financial disputes are always civil cases UAE law states that fraud may constitute a criminal offense Many people believe online scams are minor offenses Cyber fraud carries severe penalties under UAE law. Many people believe that repayment avoids prosecution UAE law may still pursue criminal liability Many people think that intent is unimportant. Proof of fraudulent intent is required by UAE law. Conclusion Financial fraud is a serious crime with severe penalties under UAE law. The legal framework guarantees accountability and protection for victims in the UAE financial system by offering precise procedures for asset recovery, defense, and prosecution. Author: Awatif Al Khouri

Disputes can arise in many situations, whether between business partners, landlords and tenants, employers and employees, buyers and sellers, or family members. In the UAE, resolving a dispute does not always mean going straight to court. There are several practical ways to deal with a disagreement, depending on the nature of the issue, the documents available, and the urgency of the matter. Dispute Resolution Services in the UAE help individuals and businesses to understand their legal position, choose the right forum, and work towards a fair outcome. The right approach may be to negotiate, mediate, arbitrate, file a complaint before the competent authority, or institute proceedings before the court. Why the Right Dispute Resolution Route Matters Often, the first important step is to choose the correct route. The rental dispute may have to be settled by the competent rental dispute authority. A complaint to the relevant labor authority may be necessary when there is an employment problem. Depending on the terms of the contract, a commercial contract dispute may be suitable for court proceedings or arbitration. In case of fraud, threats, insult, or cybercrime, for example, the police or the public prosecutor’s office may get involved in a criminal complaint. Taking the wrong step can delay the matter and increase costs. This is why a proper legal assessment at the beginning is important. It helps identify whether the issue is civil, commercial, rental, labor, family, criminal, or arbitration-related. Negotiation and Settlement Not every argument needs to be a court case. In many cases, a well-drafted legal notice or settlement proposal can help the parties resolve the matter at an early stage. This is common in unpaid invoices, claims for refunds, breach of contract, property disputes, and business conflicts. A legal notice may state the facts, explain the claim, and provide the other party with an opportunity to resolve the matter before any formal proceedings are initiated. It also establishes a written record that an attempt was made to resolve the dispute. Amicable Resolution and Mediation If both parties want to talk about a solution, then mediation and amicable settlement are useful tools. This can help save time, cut costs, and save relationships. It might be appropriate for family disputes, commercial disputes, tenancy issues, and some civil claims. The Federal Decree-Law No. 40 of 2023 on Mediation and Conciliation in Civil and Commercial Disputes is acknowledged in the UAE legal system for civil and commercial disputes. Mediation can work if both parties are willing to compromise. Court Proceedings in the UAE If a settlement cannot be reached, court proceedings may be required. UAE courts handle various types of disputes, including civil, commercial, real estate, family, labor, and execution cases. The court will usually consider the claim, the defense, supporting documents, and expert reports if technical or financial issues are to be assessed. Documentation is something residents and expats need to understand. Contracts, payment receipts, invoices, emails, WhatsApp messages, bank transfers, cheques, and formal letters could all be used as evidence. Arbitration for Business and Contract Disputes Arbitration is another important method of dispute resolution in the UAE. It is commonly used in commercial, construction, real estate, and investment disputes. However, arbitration is usually available only if the parties have agreed to it in their contract. Arbitration in the UAE is governed by Federal Law No. 6 of 2018 on Arbitration. Arbitration can be useful in complex commercial disputes, particularly where the parties want a private process or specialist tribunal. Enforcement After Decision Winning a case or arbitration is not always the last step. The victorious party may still have to enforce the judgment or award. Enforcement may include measures to recover money, attach assets, or enforce compliance with the decision. This is why the strength of the claim should be reviewed together with the practical possibility of recovery. A strong case is more useful when there is also a realistic enforcement strategy. Mrs. Awatif Al Khouri, a Senior Emirati Advocate with extensive experience before UAE courts, is often recognized for guiding clients through disputes with a practical understanding of both legal procedure and courtroom strategy. Her approach is particularly valuable where clients need clarity on whether to settle, negotiate, file a case, or defend a claim. Conclusion Dispute Resolution Services in the UAE are designed to help people and businesses resolve conflicts in the most effective way possible. The best solution is not always the fastest or most aggressive one. It depends on the facts, documents, legal forum, and chances of enforcement. If you are dealing with a legal matter, be it a contract, property, employment, family, business relationship, or financial claim, early legal advice can assist in making the process more understandable and manageable. With experienced legal support, including the guidance of senior UAE professionals such as Mrs. Awatif Al Khouri, the parties can take informed steps and work towards a practical solution. Author: Awatif Al Khouri

Facing a criminal case in the UAE can be overwhelming, especially when it involves arrest or detention. One of the most common concerns is whether a person can be released while the case is ongoing. This is where the concept of bail becomes important. Under UAE law, bail is not an automatic right in all cases. It is a legal process in which an accused person is released from custody, by making sure that they are available for investigation and trial under certain conditions. What is Bail in UAE Criminal Law? Bail is a temporary release of an accused person awaiting trial, subject to certain conditions set by the authorities to guarantee their appearance in court. It is governed mainly by Federal Decree-Law No. 38 of 2022, which regulates the procedures of arrest, detention, and investigation. The purpose of bail is not to dismiss the case. Instead, it balances two key objectives: Protecting the rights and freedoms of the accused Ensuring the accused appears when required by the authorities When Can Bail Be Granted? You can get bail at various stages of a criminal case. During Police Investigation For minor crimes, the police can release the accused on bail after initial questioning. At the Public Prosecution Stage When the case is referred to the Public Prosecution, it is usually the prosecutor who makes the decision on bail. This is the most common stage at which bail is considered. Court Process Once the case goes to court, the judge can either grant or deny bail. Is Bail a Right in the UAE? Bail is not guaranteed in every case. Authorities assess each situation individually. The decision depends on factors such as: Nature and seriousness of the offense Strength of the evidence Risk of the accused fleeing the country Whether the accused has a fixed residence in the UAE Criminal history, if any For serious offenses, especially those involving public safety, drugs, or financial crimes, bail may be restricted or refused. Types of Bail in the UAE The UAE legal system provides for different types of bail depending on the case: Personal Guarantee A UAE national can be the guarantor, making sure that the accused comes when required. Financial guarantee The accused deposits a certain amount of money as security. If they don’t meet the conditions, the amount may be forfeited. Deposit of Passport The passport of the accused can be held by the authorities to prevent travel outside of the UAE. Combined Conditions Usually, bail is a combination of financial guarantees and passport restrictions. Failure to comply may result in: Bail cancellation Re-Arrest Seizure of financial guarantees Bail Procedure Step by Step Understanding how it works reduces uncertainty. The process of bail in criminal cases in UAE is as follows: Step 1: Summons or Arrest It begins when a person is taken into custody or questioned. Step 2: Investigation The police or Public Prosecution review the complaint, evidence, and statements. Step 3: Applying for bail The suspect or his counsel may petition the Public Prosecution or the court for bail. Step 4: Decision by Authorities The authority reviews the application on legal grounds and evaluates the risk factors. Step 5: Conditions met If bail is granted, the accused must comply with the conditions. Step 6: Release When the requirements are satisfied, the accused is released from custody. Legal Guidance in Bail Matters: Role Bail decisions can have a huge impact on the outcome of a criminal case. Proper legal advice has effectively guaranteed that: The bail application is properly drafted. Supporting documents are submitted correctly. Effectively negotiated conditions. In practice, experienced legal practitioners often make the case strong by presenting effective arguments for release. Professionals like Mrs. Awatif Al Khouri have dealt with complex criminal cases where strategic applications for bail have led to clients being released on bail during pending proceedings. Conclusion: The bail procedure in criminal cases in the UAE is a formal legal system that aims to balance the liberty of the individual and justice. It provides short-term relief but is regulated and monitored by the authorities. Knowing how bail works, when it can be given, and what the stipulations are can make a lot of difference in a criminal case. Experience in the law is critical in complex situations. Mrs. Awatif Al Khouri has shown how a well-prepared bail strategy can help individuals navigate the system more effectively, whilst ensuring compliance with UAE law. Author: Awatif Al Khouri

The legal landscape of the United Arab Emirates has undergone a paradigm shift in its approach to international and domestic arbitration over the past two decades. This evolution is driven by a strategic national aspiration to position the state as a leading global center for the resolution of commercial conflicts, enabled by a dual system of courts to facilitate the existence of civil law and common law pathways to enforcement. The state’s enforcement of arbitral awards is governed by a sophisticated hierarchy of federal statutes, local decrees, and international treaties, ensuring the state’s compliance with its obligations as a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Modern Onshore Arbitration Regime: Federal Law No. 6 of 2018 The main law governing arbitration in the state’s onshore jurisdictions is Federal Law No. 6 of 2018 on Arbitration, as amended by Federal Decree-Law No. 15/2023. The enactment was an important leap forward in the UAE’s arbitration regime as it adopted key principles of the UNCITRAL Model Law, thereby bringing the domestic framework closer to international standards, particularly with regard to procedural efficiency and limitation of judicial intervention. The scope of Federal Law No. 6 of 2018 on Arbitration is broad. Article 2 applies to all arbitrations held in the State, unless the parties specifically agree to apply another legislation, as long as it does not violate public order or morals. Furthermore, the law may apply to international business arbitrations held overseas in which the parties have expressly chosen the law of the state to control the proceedings. According to Article 6 of Federal Law No. 6 of 2018, the arbitration agreement exists independently of the underlying contract. Therefore, the nullity, rescission, or termination of the contract does not affect the arbitration agreement if it is valid in itself, except in circumstances of the parties' incapacity. The challenge to the contract's validity doesn't stop the proceedings; the arbitral tribunal may decide whether the contract is valid. Capacity and Written Conditions An arbitration agreement must be made by a person with legal capacity or by a duly authorized representative, and shall be null and void if not made in such a manner. It also limits arbitration to arbitrable disputes, permits the delegation of procedural decisions to a third party or institution, and affirms that the agreement is binding on legal successors as per Article 4. Article 7 of the law requires an arbitration agreement to be in writing; failing to which it is invalid. This can include signed documents, emails or messages, references to contracts with arbitration clauses, agreements made in court, or even written statements where one party proposes arbitration and the other does not object. Enforcement Mechanism Under Articles 52 And 55 The true value of an arbitral award lies in its enforceability. The legal effect of an award in principle is established by Article 52 of Federal Law No. 6 of 2018, which provides that an arbitral award made in accordance with the law shall have the same force as a judgment of a court. In order to be granted this status, an award must be formally recognized by the competent court in a recognition procedure. Application for enforcement (Article 55) Article 55 provides for the procedure to be followed for recognition and enforcement. A party seeking to enforce an award shall make a written application to the president of the competent Court of Appeal. The application should include: ● The original arbitral award or a duly certified copy. ● A copy of the arbitration agreement. ● A certified Arabic translation of the award and the agreement, provided by an accredited body if the documents were issued in a foreign language. ● A copy of the minutes of the deposit of the award in court. The president of the court, or a delegated judge, is mandated to issue an order for the recognition and enforcement of the award within 60 days of the application, unless a ground for nullity under Article 53 is established. Article 53 Grounds for annulment and challenges to enforcement Article 53 provides a limited and exhaustive list of grounds on which a court may set aside an award or refuse to enforce it. These are mainly procedural and jurisdictional grounds that are intended to protect the integrity of the arbitral process. Procedural and Jurisdictional Grounds The court may set aside an award if the applicant proves any of the following: ● There was no valid arbitration agreement, or it was void or forfeited pursuant to the Law. ● A party lacked legal capacity. ● A party was not properly notified or could not present its case. ● The tribunal has not applied the law agreed by the Parties to cover the subject matter of the dispute. ● The composition of the arbitral tribunal or the appointment of the arbitrators was contrary to the law or the parties' agreement. ● There were serious procedural errors affecting the award. ● The award exceeded the scope of the arbitration agreement. Public Policy and Arbitrability, Article 53 (2) ● The court can also annul the award on its own if: ● That the subject matter of the dispute is not capable of settlement by arbitration. ● The award violates public order or morality. Limitation Periods for Challenges (Article 54) A nullity action must be filed within 30 days of notification of the award. The court’s decision is final, subject only to cassation. If annulled, the award is invalid in whole or in part, while the arbitration agreement generally remains valid unless it is itself defective. The court may, upon the request of a party, stay the nullity proceedings for up to 60 days in order to allow the arbitral tribunal to correct procedural or formal defects in the award, provided that such corrections do not affect the substance of the decision. The Role of Civil Procedure Law 2022 in Execution After the arbitral award is confirmed by the competent court pursuant to the Arbitration Law, the execution stage commences and is governed by Federal Decree-Law No. 42 of 2022 on Civil Procedure. The enforcement process is subject to the enforcement framework provided in Section 3, Chapter 4 of the Civil Procedure Law (Articles 206-338). The execution judge supervises the procedure, including the notification of the debtor so that he complies with the period established and, in case of non-compliance, the judicial order for the compulsory execution of measures like attachments of bank accounts, real estate, vehicles, and other assets. The court may also order the relevant authorities to disclose the debtor’s assets and, where appropriate, impose coercive measures such as travel bans or detention to ensure compliance. DIFC Enforcement: The Approach of Common Law DIFC Arbitration Law No. 1 of 2008 provides a distinct common law regime for the recognition of arbitral awards and their enforcement in the Dubai International Financial Center. Articles 42 and 43 allow an arbitral award to be recognized as binding in the DIFC, regardless of the jurisdiction in which it was made, upon written application to the DIFC Court. The applicant is asked to present the original award (or a certified copy), the arbitration agreement, and, if applicable, a certified translation. If the formal conditions are met, the DIFC Court will issue an order acknowledging the award. Recognition or enforcement may be denied only on the grounds specified in Article 44 of the DIFC Arbitration Law No. 1 of 2008, which include a party's incapacity, the invalidity of the arbitration agreement, a lack of proper notice or inability to present a case, where the award exceeds the scope of the arbitration, or where the composition of the tribunal or the procedure was not in accordance with the parties' agreement or the law of the seat. Enforcement may also be refused where the award is not yet binding or has been set aside. The Court may further refuse enforcement on its own motion if the subject matter is not capable of arbitration or if enforcement would be contrary to UAE public policy. Importantly, awards recognized by the DIFC Court can be executed outside of the DIFC in accordance with the Judicial Authority Law, and such recognition is viewed as ratification for the purposes of enforcement under Article 42(4). This allows the DIFC to function as an effective enforcement in offshore as well as onshore jurisdictions. Enforcement of Foreign Awards: The New York Convention Most clearly, the UAE’s commitment to the enforcement of foreign awards is embodied in its accession to the New York Convention in 2006. This international treaty allows awards made in over 150 countries to be recognized and enforced in the state with limited judicial interference. Conditions for Foreign Award Enforcement (Article 222) In the absence of an applicable treaty, Article 222 of Federal Decree-Law No. 42 of 2022 on Civil Procedure sets out the framework for the enforcement of foreign judgments and orders in the UAE . Enforcement is initiated by a petition to the execution judge, who must be satisfied of the following conditions: ● The UAE courts do not have exclusive jurisdiction, and the foreign court had proper jurisdiction under its own law. ● The judgment was issued in accordance with the law of the country of origin and duly ratified. ● The parties were properly notified and represented. ● The award must have the force of res judicata (final and binding) and not be subject to further ordinary appeal. ● The award must not conflict with a prior judgment or order from a court in the state and must not violate public policy. Regional Treaties The UAE has signed regional treaties such as the Riyadh Arab Convention for Judicial Cooperation and the Gulf Cooperation Council Convention for the Execution of Judgments, Delegations, and Judicial Notifications, which encourage member states to recognize and enforce each other's judgments and arbitral awards. While such frameworks may facilitate regional enforcement, they are still dependent on domestic processes and do not allow for automatic enforcement across many jurisdictions. Conclusion. The recognition and enforcement of arbitral awards in the United Arab Emirates (UAE) involves a complex, multi-layered framework comprising federal laws, regional treaties, and international obligations. Federal Law No. 6 of 2018 on Arbitration and Federal Decree-Law No. 42 of 2022 on Civil Procedure have added procedural clarity, which strengthens enforcement of awards without affecting fundamental safeguards for due process and public policy. Enforcement is, in fact, a law and a strategy. Parties must choose the correct jurisdiction, follow procedural procedures, and act quickly when needed to protect assets. And the process, whether through onshore courts or the DIFC, is ultimately aimed at ensuring the finality of arbitral awards and the integrity of the legal system. Author: Awatif Al Khouri

Introduction After a divorce, one of the most fundamental, but also pressing, questions many parents in the UAE have is: When does the child custody end? Wrong information is often the cause of the confusion. Earlier laws set different custody ages for boys and girls, but this no longer applies. The UAE has now introduced a clear, unified rule, and the legal position is far more predictable. Understanding the child custody age in the UAE today requires looking at the updated legal framework and how it is applied in practice. Custody vs. Guardianship: A Key Distinction Before addressing age, it is important to understand how UAE law separates parental roles: Custody: Physical custody and care of the child Guardianship: major decision-making and financial responsibility The day-to-day care is usually the responsibility of the custodian, while the guardian is responsible for financial support, education, and key decisions. These roles continue to exist under the current law, but the duration of custody has now been standardized. The Current Legal Rule: Custody Ends at 18 The decisive provision is Article 123 of Federal Decree-Law No. 41 of 2024. It clearly states that child custody ends when the child reaches 18 Gregorian years, and it is not gender-based under the current law. This replaces the earlier framework (11 for boys and 13 for girls), which is no longer applicable under the current law. However, the law also recognizes that as children grow older, their views become law-binding. In accordance with Article 122 of Federal Decree-Law No. 41 of 2024, when a child is 15 years of age, they have the right to choose with which parent they want to live, if it is not against their best interests. This means that although the custody is legally continued until 18: From age 15 onwards, the child’s preference becomes a relevant legal factor. The court may allow the child to live with a parent of their choice. The welfare of the child is the court's paramount consideration. This selection is not absolute. In practical terms, Article 122 creates a transitional stage from 15 to 18 when custody still exists legally, but the child’s autonomy is gradually recognized. What Happens When the Child Turns 18? When a child reaches 18: Court-imposed custody arrangements come to an end. The child is legally considered capable of choosing where to live. The custodial parent no longer has sole legal control. In practical terms, it means the end of court-regulated custody, not the end of the parent-child relationship. Exceptions – When Custody Can Extend Beyond 18 Art. 123 (2) also recognizes that not all children are independent at 18. Child custody in the UAE may continue if the child Is mentally incapable Has a serious illness or disability Cannot take care of their own affairs In such cases, the court may also extend child custody in the UAE, depending on the state and the needs of the child. Civil Personal Status Law: A Different Structure For non-Muslims, custody may fall under the Federal Decree-Law No. 41 of 2022. Under this law: Joint custody is the default position. Both parents share equally in responsibility for the child. This mutual arrangement is valid until the child reaches the age of 18 years. This framework does not have a single custodial parent in the traditional sense, as the Personal Status Law does. Instead, parents remain actively involved in the child's development. As Mrs. Awatif Al Khouri often points out in practice, this distinction is important for expats, as the applicable law can make a big difference in the custody structure even if the age threshold is the same. Does Financial Support End at 18? Child custody and financial support are legally separate. Even after custody ends: A parent may still be required to support the child financially.  This may include: Education costs Medical expenses Living support if the child remains dependent The continuation of support depends on the child’s circumstances and is assessed by the court. Courts in the UAE continue to prioritize the best interests of the child, especially in disputed cases. Professionals such as Mrs. Awatif Al Khouri frequently deal with situations where the legal rule is clear, but the outcome depends on how the child’s circumstances are presented before the court. Conclusion The UAE has now updated its custody system to set a clear and common age limit of 18. Age alone seldom determines custody. There are practical considerations such as the child’s needs, emotional stability, and long-term welfare. We need to understand how these factors are weighed in court. Experience plays a large role in this context. Mrs. Awatif Al Khouri is experienced in complex custody cases in the UAE, especially during transition periods, such as the child’s right to choose at 15 and the legal position at 18. Her focus is on combining legal strategy with the child’s long-term stability so that the outcome is not only legally sound but also practical and sustainable for the family. Author: Awatif Al Khouri

Introduction The UAE family law system has evolved from a largely sharia-compliant personal status system to a separate system that also accommodates civil family law options for non-Muslims and expatriate residents. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, giving non-Muslims an alternative, and Federal Decree-Law No. 41 of 2024, repealing Federal Law No. 28 of 2005 and modernizing the UAE’s general personal status regimes. It’s an administrative and strategic decision that aligns domestic legal rules with international standards and ensures the UAE is competitive as a global hub for professionals and families. The Pluralistic Legislative Structure The UAE’s family law regime currently operates on the basis of parallel systems that apply according to the religion and nationality of the individuals concerned. For a long time, the law on personal status issues was Federal Law No. 28 of 2005, which combined the principles of Sharia with civil procedural rules. This law was replaced by the Federal Decree-Law No. 41 of 2024 on Personal Status Law, which updates the UAE’s general personal status framework and includes provisions on the documentation and registration of divorce Federal Decree-Law No. 41 of 2022 on Civil Personal Status applies to non-Muslim expatriates and non-Muslim UAE nationals. This law provides for no-fault divorce, joint custody, and equal inheritance. Another important local law is Abu Dhabi Law No. 14 of 2021, which establishes a secular civil family court with English language proceedings for non-Muslims in Abu Dhabi. Thus, it is often required to determine from the outset what legal system and court process applies to divorce proceedings in the UAE. Jurisdictional Gateway and Choice of Law In all divorce proceedings involving families of mixed nationalities, the first question to be asked is whether the UAE courts have jurisdiction to hear the case. Under both the old and new regimes, if the defendant has a domicile, residence, or place of work in the state, the courts of the UAE will have jurisdiction. This jurisdictional reach extends to non-resident defendants, provided the case is related to a marriage entered into in the UAE or a divorce of a marriage, where the wife remains a resident after being abandoned by her husband. One key feature of the UAE personal status law is the “opt-out” feature found in both the 2022 and 2024 laws in Article 1. Non-nationals also have the right to request the application of the law of their home country (nationality) or any other law they have agreed upon, provided that such application does not conflict with the public policy of the UAE. Understanding the mixed-religion divorce in the UAE The UAE Personal Status Law may apply where one or both spouses are Muslim, especially in cases involving UAE citizens or where the choice of another applicable law is not applicable. The Civil Personal Status is applicable to non-Muslims in the UAE, including non-Muslim foreign residents and UAE nationals who are not Muslim. This civil framework is unlike the general UAE Personal Status Law. This law grants a no-fault divorce, meaning that neither spouse has to prove harm or any specific grounds for separation. The right to divorce unilaterally means that either spouse can file a request and get a judgment, usually without having to go through mediation or family guidance committees. Expat Custody Disputes and Child Welfare Child custody is one of the most contentious aspects of a divorce. The UAE has shifted from the traditional gender-based roles to the "best interests of the child" standard, aligning itself with international conventions. The default under the civil system of 2022 is joint custody with the father and mother sharing the responsibility for raising the children until the age of 18 years. Neither parent can relocate the child from the country without the other parent’s consent or a court order under this model. In contrast, the Sharia-based system separated the custodian, who managed the daily responsibilities, and the guardian, who was responsible for legal and financial decisions. Custody was generally given to the mother and guardianship to the father, but the age of custody has been revised to 18 years for both genders in Federal Decree-Law No. 41 of 2024. The extension is a huge development for expat custody disputes in the UAE, as it lessens the risk of sudden changes that could disrupt a child’s education and other factors. Under this framework, children 15 years of age or above may also express a preference as to their residence, which the court takes into account in its welfare analysis. Financial Settlements and Alimony Calculations The financial consequences of divorce are governed by specific criteria that take into account the standard of living maintained during the marriage. Under Article 9 of the Federal Decree-Law No. 41 of 2022, a divorced woman can seek alimony, and the judge considers several statutory factors, including the length of the marriage and the wife’s age, when deciding upon the amount. The court also looks at the financial disparity and the current income and assets of both parties, often by appointing an accounting expert. Financial settlements also include the immediate and deferred portions of the dowry, which is considered an enforceable debt for Muslim and mixed-religion households. In addition, the husband is obliged to provide maintenance during the waiting period and for the basic needs of the children, such as housing, health care, and education. Travel Bans One of the most common concerns in a divorce is whether a parent will try to take a child out of the country without the consent of the other parent. Article 116 of Federal Decree-Law No. 41 of 2024 states that the general principle is that travel with a child in custody outside the UAE requires written approval of the other parent or guardian, unless the court permits travel with approval. A parent may apply for an urgent travel ban where a child is subject to an ongoing custody dispute, as well as where a parent can demonstrate a credible risk that the child will be relocated out of the UAE without the parent’s consent. Once the ban is implemented, the child may not travel without written agreement from the other parent unless the ban is temporarily lifted by the court. The Strategic Importance of Jurisdiction in Expat Divorce In divorce cases with a cross-border element involving expats in the UAE, the chosen jurisdiction can have a huge impact on the process, the law that applies, the language of the proceedings, and the potential financial outcome. Depending on the nature of the case and the parties involved, family matters in the UAE may be heard before different judicial authorities, including federal courts, local emirate courts, and the Abu Dhabi Civil Family Court. It is therefore important for expatriate families to decide early on the right forum. The Abu Dhabi Civil Family Court is often viewed by non-Muslim expatriates seeking an English-language, civil process with a formalized approach to divorce, financial claims, and parental responsibility. Conclusion The UAE has succeeded in building a dual-track family law system that addresses the religious needs of its Muslim population and the secular needs of its international expatriate community. The recent amendments to Federal Decree-Law No. 41 of 2022 and Federal Decree-Law No. 41 of 2024 have brought some clarity and legal protection to the families of mixed nationalities and religions. Where children are involved, the focus should be on stability, consent to travel, and the child’s best interests. With the right plan, proper documentation, and legal advice, families can navigate divorce in the UAE with greater clarity and security. Author: Awatif Al Khouri

Introduction The stability of a commercial enterprise in the Middle East rests upon the alignment of its internal stakeholders. When this alignment fractures, a shareholder dispute in the UAE typically manifests as a legal disagreement concerning financial, operational, or strategic decisions that potentially violate the rights of the participants. Federal Decree-Law No. 32 of 2021 (the Commercial Companies Law or "CCL") is the main law that protects these rights in the United Arab Emirates. These fights aren't just one-time events; they are the result of a mix of structural problems, changing fiduciary constraints, and the complex ways that human psychology works in the business world. To settle these kinds of problems, one needs to have knowledge about UAE contract law, regional legislative frameworks, and how alternative dispute resolution works.   The Beginning of a Business Partner Dispute in Dubai The genesis of internal conflict often lies in a fundamental breakdown of trust or a divergence in the vision for the enterprise. When owners of closely held corporations often serve as directors and managers, the lines between these roles start to blur. This can cause personal conflict that shows up as corporate deadlock. A primary cause of a business partner dispute in Dubai is the breach of the Shareholder Agreement (SHA), which serves as the foundational contract intended to create and protect specific interests. When these agreements are unclear or don't exist at all, like in many startup or family business settings where partners work on informal "handshake deals" that don't offer much protection when strategic directions diverge, conflicts often happen. Shareholders in the UAE, especially those who don't have a formal shareholders' agreement, may be at risk of "freeze-out" practices, which could mean being left out of decision-making or not being able to get company information. In these situations, statutory remedies under Federal Decree-Law No. 32 of 2021 are very important. Article 166 allows a shareholder to file a direct claim against the firm, its directors, or management if they have personally experienced harm as a result of unlawful behavior, and they may recover their legal fees with court approval. In contrast, Article 167 addresses derivative actions. It enables shareholders with at least 10% of the company's capital to act on behalf of the company against a related party if certain conditions are met, including prior notice to the board. Fiduciary Duties in UAE Companies The relationship between business partners is based on fiduciary principles. These rules say that managers must work to do what is best for the company. Federal Decree-Law No. 32 of 2021 provides a legal framework for these responsibilities. Article 22 sets the general duty of care, which means that directors and managers must act with the same level of care that a reasonable person would and in a way that supports the company's goals. Article 152, which governs transactions between related parties and requires openness when there may be a conflict of interest. As trust diminishes, corporate disputes in the UAE can quickly turn into more serious accusations, like self-dealing, stealing business opportunities, or misappropriation of company funds. In the UAE, these issues are looked at not only through the lens of the Commercial Companies Law's legal duties but also through the lens of the UAE Civil Transactions Law's broader principles. Article 246 says that contracts must be carried out in good faith, and Article 247 empowers a party to withhold performance if the other party fails to fulfill its commitments.  Protection of Shareholder Rights in the UAE The risk of shareholder disputes in the UAE can often be reduced by putting clear agreements in place from the outset. A well-drafted shareholders’ agreement acts as a practical guide for how the company will be run, setting out decision-making processes, shareholder rights, and exit arrangements in a clear and structured way. It should also distinguish between routine decisions and more important matters that require a higher level of approval, such as special resolutions, which typically need the consent of shareholders holding at least 75% of the shares. Transparency is equally crucial. Under the Commercial Companies Law, shareholders have the right to examine company documents and financial information, which allows them to keep informed and decreases disputes caused by a lack of transparency. Equity control mechanisms also play a key role. Provisions such as the Right of First Refusal (ROFR) give existing shareholders the first chance to buy shares from a departing partner, helping maintain control within the current ownership structure and limiting the entry of outside parties. Agreements that are well-written also cover what to do if shareholders can't come to an agreement. Deadlock resolution mechanisms, like "shotgun clauses" or structured buy-out provisions, can be helpful because they let one party start a share transfer at a set price. This helps end deadlocks and keeps the business running smoothly. How to Solve a Dispute When internal negotiations are no longer working, the choice of dispute resolution forum becomes very important for both the speed of the process and how easy it is to enforce the outcome. In the UAE, people can file claims in the onshore civil courts or in common law jurisdictions like the DIFC Courts and ADGM Courts. These courts use English and follow well-known rules that are often used in international business disputes. Arbitration is also very common, especially when it comes to issues that cross borders. The Dubai International Arbitration Center and other similar organizations have procedures that let related disputes be handled together, which makes the process go more smoothly. Federal Law No. 6 of 2018 sets the rules for arbitration in the UAE. It gives a modern structure for carrying out and enforcing arbitral proceedings. Mediation is a more flexible option, especially if the parties want to keep doing business together. Facilitated discussions help them work toward a solution that everyone agrees on, and once a settlement is reached, the results are put into binding agreements. Operational Fallout: Banking and Liquidity Crises Shareholder disputes in the UAE can have a direct impact on a company's day-to-day financial operations and go beyond internal governance. In real life, banks tend to look more closely at things when they see signs of internal conflict, changes in ownership, or missing compliance paperwork, such as know-your-customer (KYC) requirements. This can cause delays in processing transactions or limits on account activity, especially when there is doubt about who is allowed to sign or who is in charge of the company. Because of this, businesses may have trouble paying their bills, which include paying their employees, suppliers, and creditors. Conclusion In the UAE, conflicts between shareholders and business partners are not usually caused by just one thing. They usually happen when trust breaks down over time, when governance structures aren't clear, or when stakeholders have different expectations. Federal Decree-Law No. 32 of 2021 and its 2025 amendments have made shareholder protections much stronger and corporate governance more up-to-date. However, the truth is that it is always better to prevent problems than to fix them. A well-written Shareholders' Agreement, clear ways for the company to make decisions, and planned exit strategies are all important tools for reducing conflict. At the same time, the UAE has a lot of different ways for businesses to settle disputes, such as arbitration, mediation, and specialized courts. This means that businesses have clear ways to settle disputes when they happen. In the end, the success of any business in the UAE depends on both its external strategy and the strength of its internal legal framework. Companies that put money into governance clarity, compliance, and planning for disputes early on are much better off when it comes to protecting value, keeping operations stable, and handling conflicts without causing long-term harm. Author: Awatif Al Khouri

WhatsApp is part of daily life in the UAE. People use it for business, family discussions, tenancy issues, employment matters, school groups, and even disputes. However, many residents do not realize that a private WhatsApp message can still create legal risk if it contains insults, threats, confidential information, private photos, rumors, or unlawful content. The UAE takes online conduct seriously. Federal Decree-Law No. 34 of 2021 on Combatting Rumors and Cybercrimes applies to the use of information technology, online platforms, social media, messaging applications, and electronic communication tools. The law came into force on 2 January 2022 and is the main legislation dealing with cyber-related offenses in the UAE. Can WhatsApp Messages Be Treated as Cybercrime Evidence? WhatsApp messages, screenshots, voice notes, photos, videos, and shared documents may be used as evidence if they are relevant to a complaint and collected in a lawful manner. A message does not have to be posted publicly to become legally important. Even a private chat may be examined if it forms part of an allegation, such as insult, threat, blackmail, privacy breach, fraud, harassment, or spreading rumours. This is why residents should be careful with what they send, forward, record, or share. A message written in anger may later be used in a police complaint or court case. Deleting the message afterward does not always remove the risk, especially if the other party has saved screenshots or chat backups. Common WhatsApp Conduct That May Create Legal Risk 1. Insults and offensive messages Offensive, degrading, or insulting messages sent through WhatsApp may lead to a criminal complaint. This may include direct insults, abuse, shaming, or messages that target a person’s dignity. The words used and the context will matter, even if the sender says it was said in the heat of an argument. Article 43 of the UAE Cybercrime Law deals with the insult or defamation of others through information technology. In layman’s terms, WhatsApp is not seen as a risk-free private space when illegal content is exchanged electronically. 2. Threats and Blackmail Threatening someone through WhatsApp is a serious matter. This may include threats to expose private photos, report someone falsely, damage their reputation, harm their business, or share confidential information unless they do something. Article 42 of Federal Decree-Law No. 34 of 2021 addresses electronic threats and extortion, including the use of technology to pressure or intimidate another person. Messages such as “I will ruin your life,” “I will expose you,” or “pay me or I will publish this” can become highly problematic depending on the facts. 3. Sharing Private Photos, Videos, or Conversations The UAE has strong privacy protections. Cybercrime can also mean giving away private photos, recordings, screenshots, personal details, or information about someone’s family without their permission. This can be the case even when the information is true. The legal issue is not usually whether the information is true but whether it was disclosed illegally or in a way that is damaging to the other person. Conduct concerning privacy. This includes the misuse of personal data, images, video or private information using electronic means. The relevant provision is Article 44 of the Cybercrime Law. 4. Forwarding Rumors or Unverified Information Failure to check messages before forwarding them can also create risk. Many WhatsApp users forward community alerts, business allegations, warnings about people, or claims about companies. If the content is false, misleading, harmful, or damaging to the public order or reputation, the sender may be liable to legal action. The UAE Cybercrime Law specifically addresses rumors and false information circulated via online means. The official portal of the UAE government describes the law as a comprehensive law dealing with cyber safety, digital security, rumors and cybercrimes. 5.  Business/Workplace Disputes Work WhatsApp groups are common in the UAE. But careless sending of accusations, insults, confidential documents, client data, or internal disputes is a prohibited act for both employees and employers. A commercial dispute can become a cybercrime matter if the communication includes threats, defamation, data misuse, or disclosure of confidential information. For example, if an employee accuses a colleague of theft, fraud, dishonesty, or misconduct in a WhatsApp group, the sender could face legal trouble if the statement is not well-supported or is shared in a way that harms the colleague. What to do if you get abusive or threatening WhatsApp messages? If you receive messages that are threatening, insulting, or invade your privacy, try not to respond emotionally. Save the messages, screenshots, phone numbers, date, time, and other related files. If the problem is serious, a complaint can be made to the police or through the relevant cybercrime reporting channels.” Also, it is important not to retaliate. In many cases, both sides exchange insults or threats, complicating the case. If the complainant’s messages contain unlawful language, then the complainant can also be counter-complained. Countermeasures in WhatsApp Cybercrime Cases Depending on the facts, a person charged with a WhatsApp-related cybercrime may have a number of possible defenses. The defense can also consider whether the alleged message was actually sent by the accused and whether the screenshot is complete, whether the message was taken out of context, whether the account or device was accessed by someone else and whether the legal elements of the offense are proven. Other pertinent issues could be the accuracy of the translation, intent, the entire history of the conversation, whether consent was given to share particular information, whether the message was private or widely distributed, and whether the complaint is backed by appropriate technical evidence. In UAE cybercrime cases, the wording of the message is very important, but it is not the only factor. The surrounding facts, relationship between the parties, timing, purpose, and evidence trail can all affect the outcome. Legal help at this stage can make a real difference.’ Mrs. Awatif Al Khouri, a senior Emirati advocate, is often associated with an approach that is careful and court-focused in criminal and cybercrime matters, especially when it comes to digital evidence, Arabic legal interpretation, and procedural strategy that must be handled properly. Conclusion WhatsApp messages may seem casual, but under UAE law there can be serious legal consequences. Cybercrime laws include insulting, threatening, blackmailing, breaching privacy, spreading rumors, and sharing information unlawfully through electronic communication. If you are an expat or a resident of the UAE, when facing a WhatsApp cybercrime charge or if you are a victim of threatening or abusive messages, it is critical to preserve evidence and secure appropriate legal counsel early in the process. Mrs. Awatif Al Khouri’s experience in UAE court practice and criminal defense can be of particular value in assessing the evidence, identifying defense options, and handling the matter before the relevant authorities. 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

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

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

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

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  

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

Introduction The regulatory architecture governing employment relations in the United Arab Emirates private sector has undergone its most significant structural transformation. The framework, established under Federal Law No. 8 of 1980, was entirely repealed and replaced by Federal Decree-Law No. 33 of 2021. The new framework moved private sector employment contracts away from unlimited-term contracts and required employment contracts to be concluded for a fixed term. At the same time, economic changes, salary payment concerns, and the rise of remote work have changed the way employment disputes arise in the UAE. These developments have led many expatriate employees to seek legal guidance, especially in cases involving salary delays, unpaid dues, termination issues, or other employment concerns. This makes it important for workers to understand the correct steps for raising and handling a labour dispute in the UAE. Remote Work Models Remote work is no longer considered a temporary workplace arrangement. It is recognised as a formal work model according to Article 5 of Cabinet Resolution No. 1 of 2022, implementing Federal Decree-Law No. 33 of 2021 on employment relationships. The framework describes remote work as a situation when the employee performs all or part of their duties outside the employer’s physical workplace, communicating through electronic means instead of face-to-face. If an employee wants to work remotely from inside or outside the UAE, this is still subject to the employer’s approval, according to Article 17(6) of Federal Decree-Law No. 33 of 2021. If such approval is granted, the employer may require the employee to perform specified hours under the arrangement. Any changes to a remote or hybrid working arrangement should be clearly documented in the employment contract or a written addendum, particularly if it affects working hours, reporting requirements, location of work, supervision, means of communication or performance expectations. This reduces uncertainty should a dispute arise in the future over attendance, salary, performance or contractual obligations. Remote work allows more flexibility for employers and employees, but it also changes the supervision process. The employer may have once wanted to have direct physical control over workers in the workplace, but they might now turn to digital check-ins, attendance systems, email records, productivity tools, or project management platforms to keep track of work. The obligation to provide a safe work environment under Article 13 of Federal Decree-Law No. 33 of 2021 also applies to remote or hybrid arrangements. Before taking action that affects salary or attendance during adverse weather conditions, travel restrictions or emergencies, employers should consider whether the employee can work remotely. Written approvals that are clear can help prevent disputes later on. Statutory Safeguards Against the Non-Payment of Wages The UAE enforces salaries through the Wages Protection System to protect workers and improve wage compliance. Ministerial Resolution No. 340 of 2026, which came into force on 1 June 2026 established a tighter framework and repealed Ministerial Resolution No. 598 of 2022. Under the new rules, wages are usually payable from the first day of the month following the wage period. Generally, an employer is considered compliant under the revised Wages Protection System if it pays at least 85 per cent of total wages by the due date. This, however, does not deprive the worker of the right to claim full salary or any unpaid balance. Wages are often delayed, which can lead to administrative action against the employer under the WPS rules, and the payment records can be used to support unpaid salary claims in the UAE. Annex No. 1 to Ministerial Decision No. 340 of 2026 provides for the phased response to late wage payments. Monitoring starts from the due date and electronic warnings from the second day. If the non-payment continues, MoHRE may suspend the issuance of new work permits as early as the fifth day, impose more severe measures as early as the eleventh day and automatically register labour disputes as early as the sixteenth day in certain instances. Serious cases may be referred to the Public Prosecution, and measures may be taken to freeze assets or impose travel bans on the persons responsible for the cases after twenty-one days. Termination Rights and Safeguards During Business Restructuring Termination may be justified on account of business closure, insolvency or serious economic difficulties under Article 42 of Federal Decree-Law No 33 of 2021. However, the employer must comply with Article 43 and give written notice and comply with the agreed notice period, which must be between 30 and 90 days unless notice period compensation is paid. This is in contrast with Article 44, which states that an employee can only be dismissed without notice in certain cases of misconduct, following a written investigation and a justified written decision. Article 47 of the UAE Labour Law protects employees from unlawful dismissal in the event of dismissal in connection with raising a serious complaint with MoHRE or pursuing a valid claim against the employer in court. If the court finds the dismissal unlawful, it may award equitable compensation of up to three months’ salary, calculated on the basis of the employee’s last remuneration. This compensation does not affect the employee’s entitlement to notice period compensation, end of service gratuity or other unpaid employment dues. Employers should also ensure that final settlements are paid on time, as failure to settle workers’ rights properly may expose the employer to further claims and regulatory consequences. Procedural Guidance for Wage Claim Filings In case salary delays are not resolved internally, an employee can file a labour complaint for unpaid wages in the UAE. Check the correct authority and keep the required documents ready before filing. Key filing points: ● For mainland employers, complaints are usually made to MoHRE. ● Complaints can be filed with the MoHRE website, smart application, call centre or Labour Claims and Advisory Centre. ● The employee should keep documents ready, including Emirates ID, work permit details, employment contract, bank statements, payslips, and written proof of non-payment. ● Before filing, the employee should confirm which authority governs the employment contract to avoid delay. Dispute Resolution Process and the Impact of Article 54 Article 54 of the UAE Labour Law gives MoHRE a more active role in resolving individual labour disputes. If the claim value does not exceed AED 50,000, or if the dispute relates to non-compliance with a previous amicable settlement, MoHRE may issue a decision that has the force of an executable instrument. However, either party may challenge the decision before the competent Court of First Instance within 15 working days of notification, and filing the case suspends enforcement of MoHRE’s decision. The court must set a hearing within three working days and issue its decision within 30 working days. For disputes outside MoHRE’s decision-making scope, the Ministry refers the matter to the competent court with a summary of the dispute and its recommendation. MoHRE may also require the employer to continue paying the worker’s salary for up to two months where the dispute has resulted in salary suspension. Labour claims must generally be filed within two years from the end of the employment relationship. Conclusion The UAE has changed its employment framework, particularly in the areas of fixed-term contracts, remote working, wage protection and labour dispute resolution. For employers, this means contracts, payroll records, remote working arrangements and termination procedures need to be properly documented and managed. The law has set a clear path for employees to raise salary delays, unpaid dues, unlawful termination and other employment issues, provided they act within the stipulated timelines and maintain proper evidence. With MoHRE becoming more proactive in resolving smaller claims, employers and employees both benefit from knowing the correct process before a dispute escalates. Clear documentation, timely payment and proper communication remain the best protections against employment disputes in the UAE in this evolving labour market. Author: Awatif Al Khouri

In the United Arab Emirates, the question is: what happens if a contract is breached, and what legal remedies are available? is common among businesses when commercial obligations are not met. When dealing with contractual disputes in the UAE, the legal framework must be considered, including the onshore civil law system and, where relevant, the rules of the DIFC Courts in Dubai. A specialised contract dispute lawyer in Dubai can provide guidance to contracting parties, service providers, suppliers and investors to help protect contractual rights and ensure effective contract enforcement in the UAE. The primary set of laws that regulate onshore contracts is the UAE Civil Transactions Law (Federal Decree-Law No. 25 of 2025), which was issued on 17 September 2025 and became effective on 1 June 2026, replacing the Civil Code of 1985. This law is parallel to the Commercial Transactions Law under Federal Decree-Law No. 50 of 2022, which provides a structured legal basis to assess breach of contract, liability, compensation, specific performance, termination and other breach remedies in the UAE. Pre-Contractual Obligations and the Statutory Duty of Good Faith The new Civil Code creates a legal risk in the pre-contractual phase. Article 121 provides that negotiations, including the proposal, conduct and termination thereof, shall be conducted in good faith. Negotiations, however, do not require the parties to enter into the contract. A party that enters into or terminates negotiations in bad faith may be liable for the actual damages suffered by the other party. Except as otherwise agreed, expected profits or lost opportunities from a contract not entered into are excluded. Article 122 also establishes a duty to disclose material and decisive information which may affect the other party’s consent or the terms of the contract. This duty may not be waived. Bad faith may be found in deliberate concealment, and the affected party may be able to seek dissolution of the contract. Article 19 allows parties to decide which law will govern their contract. If the contract clearly states the governing law, that chosen law will apply to the parties’ contractual obligations, both in form and substance. If the contract does not specify the governing law, the applicable law will be determined according to the rules in Article 19. Where both parties share a domicile, the law of that State applies; Where the parties have their domicile in different States, the law of the State where the main contractual obligation is performed shall apply, unless it appears from the circumstances that the parties intended another law to apply to the contract. But real estate contracts are governed by a different rule. Such contracts are governed by the law of the place where the property is situated. Comparative Analysis: Transitioning from the Old to the New Civil Code A major change in UAE contract law is the transition from the 1985 Civil Code to Federal Decree-Law No. 25 of 2025. The Civil Code of 2025 expressly recognises obligations in the pre-contractual phase, including the duty of good faith in negotiations and the duty to disclose material information. This provides businesses with a more explicit statutory guide as to the conduct of the parties prior to the signing of a contract, whilst at the same time maintaining the principle that negotiations do not bind the parties into contracting. The 2025 Civil Code also refines the approach to remedies and contract performance. For pre-agreed damages, Article 390 of the 1985 Civil Code allowed the court broad discretion to adjust liquidated damages so that they matched the actual loss suffered. The Civil Code of 2025 provides for a more detailed framework in Article 340, which states that the court can reduce compensation if it is excessive, if part of the obligation has already been performed, or if the creditor contributed to the loss. The same applies where fraud or serious fault is established, and the creditor has the right to claim more than the sum agreed. For exceptional circumstances, Article 249 of the 1985 Civil Code permitted the court to reduce a burdensome obligation to a reasonable level. Article 224 of the 2025 Civil Code goes further by allowing the court either to reduce the burdensome obligation or to order cancellation of the contract, after balancing the interests of both parties. The New Civil Code also introduces practical changes for specialised contracts, including Muqawala or work contracts. Under Article 818, if the contractor performs the work defectively or contrary to the contract, the employer may first notify the contractor to correct the defect within a reasonable period. If the contractor fails to do so, the employer may, after establishing the condition of the work, cancel the contract or appoint another contractor to complete or correct the work at the first contractor’s expense. Primary Remedies for Breach: Specific Performance, Withholding, and Rescission UAE law offers remedies for the non-fulfilment of contractual obligations, including specific performance, termination of the contract and compensation. If one party does not perform the obligation, the other party may, after having given notice, require the performance of the contract or require that the contract be terminated, with compensation where justified according to Article 234 of the 2025 Civil Code. Specific performance enables the claimant to require the defaulting party to perform the agreed obligation where this is still possible and appropriate. Article 102 of the Commercial Transactions Law specifies some remedies in contracts of sale in cases where the seller has failed to deliver the item bought. These remedies include delivery of the item, compensation where justified, treating the contract as ended, or the purchase of a similar item at the seller’s expense and claiming the difference in price. But whether execution in kind will be possible will generally depend on whether performance is still possible and appropriate under the circumstances. In bilateral contracts, Article 222 allows a party to withhold its own performance if the other party fails to perform its corresponding obligation when both obligations are due. Where the contract is cancelled or treated as invalid, Articles 192 and 237 provide that the parties should, as far as possible, be restored to the position they were in before the contract. If restoration is not possible, the court may award compensation. Liquidated Damages and Pre-Agreed Compensation under Article 340 According to Article 340 of the Civil Code of 2025, the parties may agree in advance on the amount of compensation in the contract or in an additional agreement. In practice, a claimant will usually have to prove breach, actual loss and a causal connection between the breach and the loss. If the agreed sum is excessive, or if the obligation has been partially performed, or if the creditor has contributed to the loss, the court may reduce the amount. If fraud or serious fault is proved, however, the creditor can claim more than the agreed amount. Exceptional Circumstances, Hardship, and Force Majeure Article 224 of the 2025 Civil Code deals with exceptional circumstances or hardship. If unforeseen general circumstances arise after the contract is signed and make performance excessively burdensome for the debtor, to the extent that it threatens serious loss, the court may reduce the obligation to a reasonable level or order cancellation of the contract. This expands the earlier position, which mainly allowed the court to reduce the burdensome obligation. Article 224 is mandatory, meaning any agreement that excludes or limits this relief is invalid. Article 236 deals with the situation of force majeure, when performance becomes impossible. If a force majeure makes performance impossible in a bilateral contract, both parties are discharged, and the contract automatically terminates. If performance is only partially impossible, either party may treat the affected part of the obligation as ended or seek to have the contract cancelled by the court. With continuous contracts, if the impossibility is temporary, either party can request the court to partially terminate the obligation, modify the contract or cancel it. Forum Selection, Limitation Periods, and Jurisdictional Dynamics In UAE contract disputes, the first step is to identify the correct dispute forum. This will usually depend on the contract terms, the parties involved, and the agreed jurisdiction or arbitration clause. Parties may resolve their dispute before the onshore UAE courts, such as the Dubai Courts. Separately, the dispute may fall before the DIFC Courts where jurisdiction exists, or before an arbitral tribunal where the parties have agreed to arbitration. The dispute may be submitted to arbitration in accordance with the provisions of the UAE Arbitration Law if the contract contains a valid arbitration clause. Where such a situation arises, the parties should consider the language of the arbitration clause, the seat of the arbitration, the governing rules and the means of enforcement of the final award. In commercial claims, limitation periods must be carefully observed. Under Article 92 of the Commercial Transactions Law, actions relating to commercial obligations between merchants shall not be heard after the lapse of five years from the date the obligation became due, unless the law provides for a shorter period. This makes it mandatory for parties to review the contract, limitation period and dispute forum at an early stage before taking legal action. Conclusion In Dubai, contract disputes need to be reviewed very carefully in relation to the contract, the governing law of the contract, the breach and the remedies available. The Civil Code of 2025 has clarified the rules concerning good faith, pre-contractual disclosure, agreed compensation, hardship, force majeure and contract performance. Such developments make it important for businesses to approach contractual relationships with proper documentation, clear dispute resolution clauses and timely legal action where obligations are not fulfilled. For companies, suppliers, investors and service providers, effective contract enforcement in the UAE is not just about proving breach, but about choosing the right forum, observing limitation periods, and considering whether specific performance, compensation, withholding of performance or cancellation is the most appropriate remedy. With UAE contract law evolving, getting early advice from a Dubai contract dispute lawyer can help parties safeguard their commercial interests and resolve disputes in a structured and practical way. Author: Awatif Al Khouri

The United Arab Emirates has a strict and highly regulated anti-narcotics regime. The country has maintained a tough position on illegal drug use, possession, trafficking, importation, and related offenses for many years to protect public safety and deter substance use. This is particularly important in the UAE, given its large expatriate population, international travel connections, and its status as a major tourism and business hub. The legal framework has been developing, especially through Federal Decree-Law No. 30 of 2021 on the Combating of Narcotic Drugs and Psychotropic Substances and the subsequent amendments and executive measures. Some reforms introduced structured treatment and rehabilitation in particular cases but did not eliminate the serious criminal consequences attached to drug offenses. For all practical purposes, drug possession remains a high-risk offense under the law in the UAE, and recent legal developments continue to reflect the State’s strong deterrent position, especially for foreign residents and visitors who may also face immigration related consequences after conviction. The Statutory Framework: Federal Decree-Law No. 30 of 2021 and the Amendments Federal Decree-Law No. 30 of 2021 on Combating Narcotics and Psychotropic Substances, which formally repealed Federal Law No. 14 of 1995. The decree unified the legal classification of controlled substances across the Emirates, while distinguishing between use, simple possession and commercial trafficking. Articles 10 and 11 of the 2021 law prohibit the import, export, transportation, manufacture, possession, or acquisition of scheduled narcotic or psychotropic substances except in cases legally authorized. Unlawful dispensing or prescribing of narcotic or psychotropic substances may be treated as facilitation offenses under Article 48 of Federal Decree-Law No. 30 of 2021, read with Articles 34 and 40(1), and punishable by imprisonment for not less than five years and a fine of not less than AED 50,000. Conversely, the law retains a treatment-based pathway for early-stage addiction recovery through voluntary treatment provisions. According to Article 89 of Federal Decree-Law No. 30 of 2021, no criminal proceedings are initiated if the user, his spouse or a relative up to the second degree, or the person responsible for his upbringing, or the educational institution in which he studies, after coordination with a child protection specialist, and with the approval of the legal guardians, approaches the Unit, the Public Prosecution, or the police before an arrest order is issued, requesting admission for treatment. The person remains admitted until the Unit decides to discharge them, subject to a maximum treatment and rehabilitation period of one year. However, this protection is conditional. Article 90 states that the benefit of Article 89 will not apply if the person still possesses narcotic or psychotropic substances and fails to hand them over when requesting treatment, or if the person refuses the confinement order issued by the Public Prosecution. In such cases, the Public Prosecution may proceed with filing the criminal case. Statutory Penalties for Drug Possession and Consumption Penalties for drug offenses in the UAE depend on the type of drug, the schedule it falls under, and whether the offender has previous violations. Article 41 of the Federal Decree-Law No. 30 of 2021 stipulates that any abuse or personal use of substances listed in Schedules 1, 2 and 5 without authorization shall be punishable with a minimum imprisonment of three months or a fine between AED 20,000 and AED 100,000, which shall be increased in the event of repetition. Article 42 provides for a separate penalty regime for offenses involving Item 29 of Schedule 1 and Item 8 of Schedule 4/Part II. This provision creates separate penalties for the specific class of these substances. First offenders will be fined between AED 10,000 and AED 100,000, and subsequent offenses will attract increasing penalties. The penalty for a violation will depend on the person’s prior criminal history and the circumstances surrounding the violation. The law provides for increased penalties for repeat offenders to discourage the continuing use or possession of illegal substances. Article 42 bis applies to persons who are neither UAE nationals nor legal residents and who enter the UAE with narcotic or psychotropic substances for personal use outside legally authorized medical cases. The penalty is a fine between AED 5,000 and AED 1,000,000, with confiscation and destruction of the seized substances. Where the offense goes beyond personal use, the penalties increase significantly. Under Article 57 of Federal Decree-Law No. 30 of 2021, read with Article 10(1), Article 14, and Schedule 10, possession, acquisition, import, export, transport, or similar conduct involving controlled substances is punished according to the type, group, and quantity of the substance involved. For Group 1 substances, such as major narcotics, Schedule 10 sets progressively harsher penalties depending on the quantity. Similar quantity-based penalties apply to Group 2 plants and Group 3 psychotropic substances. These penalties may include long terms of imprisonment, life imprisonment, and substantial fines. Article 57 further provides that the death penalty may be imposed when the crime is committed with the intent to traffic or promote narcotic or psychotropic substances or when the offender is a member of or acts for the benefit of a hostile group or organized gang. Framework for Non-Resident Tourists Cabinet Resolution No. 43 of 2024 sets a defined framework for the administrative penalties for the treatment of cases involving non-resident foreigners entering the UAE with small quantities of controlled substances. The same applies in respect of a person who is not a UAE national or a legal resident, who is caught at a land, sea, or airport, in possession of narcotic or psychotropic substances for abuse or personal use, outside cases legally authorized for medical purposes and within the weight limits stated in the schedule to the Resolution. This framework is related to Article (42 bis) of Federal Decree-Law No. 30 of 2021, as amended by Federal Decree-Law No. 53 of 2023. It only applies in limited cases where non-resident foreigners are caught at UAE entry points with narcotic or psychotropic substances for personal use outside of legally authorized medical cases. Such cases shall be handled through fines, confiscation, destruction of the seized substances, and a ban on entering the State as stipulated by the relevant Cabinet decision. Under Article 3, for substances listed in Clauses 1–3 of the schedule, a first offense attracts a fine of AED 5,000–20,000; a second offense, AED 10,000–30,000 plus deportation and a three-year entry ban; and a third offense, AED 50,000–100,000 plus deportation and a permanent entry ban. For substances listed in Clause 4, the penalty from the first offense is a fine of AED 50,000–100,000, deportation, and a permanent entry ban. The same penalty applies where multiple substances are seized, and one falls under Clause 4. Article 3(4) further provides that, without prejudice to the entry-ban periods stated in the Resolution, a person who fails to pay the fine will be placed on the list of persons permanently banned from entering the UAE after deportation. This ban remains in force until the fine is paid. In addition to the criminal penalty, for foreign nationals, a drug conviction in the UAE can have immigration consequences. Pursuant to Article 75 of Federal Decree-Law No. 30 of 2021, as amended, the court shall order the deportation of a foreigner convicted of an offense falling within the scope of the Decree-Law. Article 75 provides for limited exceptions. Deportation shall not apply if, at the time of the commission of the offense, the convicted person was a spouse of a UAE national or a first-degree blood relation. Deportation may also be avoided if the convicted person is a member of a family residing in the UAE and the court is satisfied that deportation would cause serious harm to the stability of the family or would deprive a member of the family of the care or support they need, provided that the family is able to provide treatment for the convicted person. Conclusion The UAE still treats possession of drugs as a serious crime, with penalties depending on the type of substance, the quantity involved, the purpose of possession, and the offender’s criminal record. The UAE adopts a strict position under Federal Decree-Law No. 30 of 2021, as amended, and Cabinet Resolution No. 43 of 2024, but also permits limited treatment-based and administrative avenues in specific cases. For residents, tourists and other foreign nationals, the repercussions can be more than just imprisonment and fines. Deportation, exclusion orders, seizure of substances and permanent travel bans may also be imposed. The law therefore clearly states that possession, use, importation or transportation of narcotic or psychotropic substances in the UAE has serious legal and immigration consequences even where the quantity is small or for personal use. Author: Awatif Al Khouri

The Dubai property market is attracting residents, investors, landlords, tenants, developers, and overseas buyers from many parts of the world. Real estate law in Dubai is not simply about buying and selling property. It deals with matters of ownership rights, registration requirements, lease contracts, developer obligations, property management issues, and dispute resolution. Understanding the legal framework before taking action or signing documents can save expatriates and UAE nationals from costly disputes down the track. This is where Dubai real estate law firms become important. Why Real Estate Legal Support Matters in Dubai Deposits, installments, registration fees, agent fees, or mortgage-related charges could be paid by the purchaser. Maybe the tenant is signing a long-term lease, writing rent checks, or discussing renewal terms. The landlord might be dealing with non-payment, eviction, or property damage. Documents matter in each situation. The legal position of the parties may be influenced by the wording of the contract, payment schedule, termination clause, notice period, handover obligations, and registration status. Dubai real estate law firms assist by reviewing these documents, identifying risks, explaining the legal consequences, and helping parties understand their options according to UAE law. Key UAE and Dubai Real Estate Laws Law No. 7 of 2006 concerning real property registration in Dubai provides the foundation for registering property rights with the Dubai Land Department. Property rights and dispositions relating to real property must generally be registered to be legally effective. Law No. 13 of 2008 regulates the interim registration of off-plan properties. Article 11 provides for the procedures to be followed in the event of a purchaser’s breach of an off-plan sale contract. This law was later amended, including by Law No. 19 of 2020, which replaced Article 11 concerning consequences connected to breaches in off-plan sale arrangements. The relationship of landlords and tenants in Dubai with respect to rental matters is governed by Law No. 26 of 2007, as amended by Law No. 33 of 2008. The law requires that lease contracts shall state the property, purpose of the lease, term, rent, and manner of payment thereof. Disputes arising from rental contracts are usually resolved by the Rental Disputes Settlement Centre under Decree No. 26 of 2013, subject to rules on jurisdiction and exceptions. Common Matters Handled by Real Estate Law Firms in Dubai Real estate law firms in Dubai are often approached to resolve sale and purchase disputes, delayed handovers, issues with off-plan projects, rental disputes, eviction notices, service charge disputes, property defect claims, brokerage disputes, and developer refund claims. Legal support for buyers can include reviewing reservation forms, sale and purchase agreements, payment schedules, handover clauses, and registration requirements. For buyers, this could include looking at transfer obligations, clearance procedures, payment security, and default clauses. Legal help for landlords and tenants may include reviewing lease agreements, disputes over renewal, eviction notices, claims for unpaid rent, maintenance obligations, and security deposit problems. In Dubai, the resolution of rental disputes is highly dependent on documentation, with written notices, Ejari records, proof of payment, photographs, and correspondence being key pieces of evidence. Off-Plan Property Disputes Disputes over off-plan property are common, with buyers often paying before the property is complete. There can be issues with delays to the project, unclear handover dates, changes to payment plans, cancellation notices, or a lack of proper registration. A real estate legal team can review whether the project, unit, and buyer’s rights were properly recorded, whether the developer followed statutory procedures, and whether the buyer has grounds to seek cancellation, refund, compensation, or other remedies. These issues require careful legal review because the rights of the buyer and developer usually depend on the contract, payment history, registration status, and applicable Dubai real estate laws. Rental Disputes in Dubai Rental disputes can include: rent increases, eviction notices, non-renewal, unpaid rent, maintenance, property damage, or deposit deductions. Tenancy relationships in Dubai need to be properly documented, and many disputes concern the lease contract, Ejari registration, written communications, and statutory notice requirements. Real estate law firms in Dubai help landlords and tenants understand whether a proposed action is legally supported, whether notice has been correctly served, and which forum has jurisdiction to hear the dispute. For most Dubai rental disputes, the Rental Disputes Settlement Centre is the relevant forum, unless a specific legal exception applies. What to Look for in Real Estate Legal Services When choosing legal assistance for a property matter, parties usually look for practical experience, knowledge of the procedures of the Dubai Land Department, familiarity with the procedures for rental disputes, and the ability to handle a court or settlement strategy. Good legal advice, in addition to explaining the law, should review documents, identify the evidence, and suggest a practical way forward. The problem of off-plan registration is not a resale transaction. A service charge dispute is not the same as a claim for a structural defect. The legal approach must be appropriate to the nature of the dispute. Awatif Mohammed Shoqi Advocates and Legal Consultancy helps clients with real estate issues when reviewing documents, preparing notices, advising on dispute strategy, and supporting clients through court or settlement processes as required. The firm aims to understand the facts, assess the documents, and help the clients to take informed steps under UAE law. Conclusion Dubai Real estate law firms play a crucial role in helping buyers, sellers, landlords, tenants, developers, and investors understand their legal rights and duties. Dubai’s real estate market is heavily regulated, but disputes still arise when contracts are not explicit, payments are not made on time, registration is not finalized, or parties do not adhere to the correct legal process. For expats and UAE nationals, early legal review can make a huge difference. If it is an off-plan property, a landlord and tenant dispute, a sale and purchase agreement, or a property-related claim, the right legal advice helps parties understand the risks and the remedies available to them. Awatif Mohammed Shoqi Advocates and Legal Consultancy provides legal support in real estate matters with a practical and document-focused approach, helping clients navigate Dubai’s property laws and dispute resolution procedures with greater clarity. 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 this dispute arising from a commercial arrangement under which our client transferred a substantial sum of money to a company on the basis that those funds would be invested in commodity-related transactions generating fixed returns with no exposure to loss. The arrangement was documented through a commercial agreement, and our client was led to believe that the company was duly authorized to accept and invest third-party funds in this way. But this promise of returns was never realized in practice. Further investigation showed that the company’s trade license was limited to the sale of goods in certain categories and did not include the acceptance or investment of funds belonging to third parties. Our client filed proceedings in the Dubai Courts for cancellation of the underlying agreement, full refund, and compensation. With the assistance of Awatif Mohammed Shoqi Advocates and Legal Consultancy, our client was able to successfully prove that the arrangement had no legal basis and obtained a judgment for repayment of the entire amount transferred, with interest and compensation. Court of First Instance The Court of First Instance approached the dispute by first examining the true legal nature of the relationship between the parties. An accounting expert was appointed during the proceedings, and the expert confirmed the total amount paid by our client to the company, the absence of any repayment, and that the company was not licensed to carry out the activity in question. Referring to the applicable legal framework, the court found the arrangement to be legally defective on several grounds, most notably that it guaranteed fixed profits while shielding our client from any losses. On that basis, the court concluded that the agreement was null and void, and that its nullity was connected to public order, meaning that the defect could not be waived or remedied by agreement between the parties. The consequence of that finding was that the parties were required to be restored to the position they had each occupied before the contract was made. The court ordered the company to repay our client the full amount transferred, along with the compensation. The individual manager of the company was separately considered. The court found that personal liability does not arise automatically from one's position as a company manager and requires proof of fraud, gross negligence, or a specific breach of law or constitutional documents. As that standard was not met on the facts before it, the court did not extend liability to the manager in his personal capacity. Court of Appeal The company and the individual manager also appealed the first instance judgment. The appellate court held that the grounds raised by the company were essentially the same arguments that had been considered and correctly decided at first instance. It confirmed the company was not licensed to invest third-party funds, that the agreement was accurately characterised as null and void, and that repayment to our client was the correct and legally mandated remedy. Conclusion This issue illustrates the approach of the Dubai Courts towards commercial transactions outside the scope of the licensed activity of a company. If an arrangement is contrary to mandatory legal requirements and public order, then the courts will treat it as void and order repayment, irrespective of what the parties agreed or signed. Through the efforts of Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, our client secured full repayment of the amounts transferred, together with statutory interest, compensation, and costs. Author: Awatif Al Khouri  

Family matters are personal, sensitive, and often stressful. Whether the issue involves divorce, child custody, alimony, guardianship, inheritance, or cross-border family arrangements, choosing the right legal support can make a major difference. For expats and residents in the UAE, family law can feel even more complicated because the applicable law may depend on nationality, religion, emirate, residence status, and the type of case. When people search for “top-rated family law firms," they are usually not only looking for a firm with good reviews. They are looking for a legal team that can explain the process clearly, protect their rights, and handle a private family dispute with professionalism and care. Family Law in the UAE UAE family law covers issues such as marriage, divorce, custody, visitation, maintenance, guardianship, wills, inheritance, and family settlement agreements. The UAE has different legal frameworks that may be applicable depending on the parties and circumstances. Federal Decree-Law No. 41 of 2024 on Personal Status Law is an important basis for Muslim family issues. It deals with issues like marriage, divorce, custody, maintenance, guardianship, and other disputes in the family. Federal Decree-Law No. 41 of 2022 on Civil Personal Status sets out a civil family law for non-Muslim residents and citizens in relation to marriage, divorce, custody, inheritance, wills, and proof of parentage. Abu Dhabi also has a dedicated civil family court system under Abu Dhabi Law No. 14 of 2021, which deals with civil marriage and its effects, including divorce and child custody in the Emirate. Because of these different frameworks, a family law matter should not be treated as a standard formality. A lawyer must first identify which law and forum may apply before advising on the next step. What Makes a Family Law Firm Top-Rated? A top-rated family law firm is not simply one that appears high in search results. In family disputes, the quality of legal support depends on practical experience, confidentiality, courtroom ability, negotiation skills, and clear communication. A reliable family law firm should be able to explain the legal process in simple language. Clients should understand what documents are needed, what claims can be made, what risks exist, and what outcome may be realistic. Good legal advice should not create false hope. It should give a clear picture of the legal position and the available options. For expats, this becomes especially important. A divorce or custody case may involve assets abroad, foreign marriage certificates, children studying outside the UAE, overseas court orders, or questions about whether foreign law can be applied. In such cases, the lawyer should understand both the UAE procedure and the practical issues that arise in international family disputes. Key Services Offered by Family Law Firms In the UAE, family law practitioners frequently deal with court and non-court matters. These may involve divorce petitions, divorce agreements, custody and visitation schedules, child maintenance issues, spousal maintenance issues, guardianship issues, travel permission disputes, enforcement of family judgments, estate planning, and settlement negotiations. Many family disputes can be resolved through settlement if both parties are willing to cooperate. A good legal team will first assess whether an amicable resolution is possible. This may help reduce emotional stress, costs, and delays. However, where settlement is not possible, the lawyer should be prepared to take firm legal action through the appropriate court or authority. In all actions concerning children, the best interests of the child shall be a primary consideration. Matters such as schooling, residence, medical care, travel, and financial support must be given careful thought. Urgent legal action would also be necessary if there was a risk that a child was being relocated from the UAE without consent. Why Court Experience Matters Family cases often involve urgent applications and sensitive evidence. A lawyer who knows the court procedure can help present the case in a structured and legally relevant manner. This is especially vital in contested divorce, custody disputes, maintenance claims, and enforcement proceedings. Not all legal consultants have rights of audience before the courts in the UAE. This means clients must assess whether the person dealing with the matter has the ability to represent them in court or whether a licensed advocate must be appointed. Court representation is particularly important in contested or urgent cases. When it comes to complicated family matters, experience before the UAE courts is a big advantage. Mrs. Awatif Al Khouri is a Senior Emirati Advocate with rights of audience before the UAE courts and has extensive experience in sensitive disputes, especially in cases where family issues intersect with property, inheritance, custody, or cross-border issues. Conclusion Looking for the top family law firms in the UAE is about locating the right legal support for a deeply personal situation. Generally, the best choice is a team that has legal knowledge and court experience, confidentiality, and practical guidance. There have been many changes in UAE family law, especially with the introduction of the new Personal Status Law, the civil personal status code for non-Muslims, and the Abu Dhabi civil family code. Early legal advice can prevent mistakes and protect important rights since different laws may apply depending on the parties and the case. With the leadership and experience of law firms such as Awatif Mohammed Shoqi Advocates and Legal Consultancy, the UAE court representation, sensitivity to family concerns, and practical legal solutions can be offered to clients. Author: Awatif Al Khouri  

A contested divorce in Dubai is rarely just about ending a marriage. It may involve child custody, visitation, maintenance, financial claims, property concerns, travel permissions, and sometimes urgent protective measures. For expats and UAE nationals, choosing the right law firm is therefore an important step. The “best” law firm for contested divorce is not always the one that talks the loudest. Usually, it is the firm that understands the family law, the court procedure, the evidence, the negotiation, and the emotional sensitivity of family disputes. Family matters are governed by Federal Decree-Law No. 41 of 2024 on Personal Status, which replaced the previous federal personal status regime under UAE law. Civil personal status cases are governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status. The 2022 law established civil family rules for non-Muslims, including divorce principles and joint custody. What Makes a Divorce “Contested”? A divorce becomes contested when the spouses do not agree on one or more key issues. These may include whether divorce should proceed, who should have custody, how visitation should be arranged, how maintenance should be calculated, whether a child can travel, or how financial obligations should be handled. Contested divorce cases in Dubai need to be prepared with great care. A lawyer has to know both the law and the personal facts of the family. Evidence of writing, correspondence, financial records, school records, medical records, travel history, and prior agreements may all be considered. Qualities to Look for in a Law Firm A good contested divorce law firm should have strong experience in family litigation. This includes preparing claims, replies, evidence bundles, settlement proposals, and court submissions. It should also understand how Dubai courts approach family disputes in practice. Language support is also important. There are many family law documents and court processes in Arabic. It is important to have a team that can guide many expats through the process and make sure that the formal submissions are in order for the court. Strategy is another key element. Some things need to be negotiated first. Some things may need immediate court action. The right firm will help recognize the difference. Child Custody and Parental Disputes Custody issues are often the most delicate aspect of a contested divorce. UAE courts generally consider the welfare, stability, care, and education of the child and the overall best interests. In civil family cases for non-Muslims, joint custody may be applicable in accordance with the Federal Decree-Law No. 41 of 2022 unless otherwise decided by the court in the best interest of the child. A strong family law team should help clients avoid emotional allegations that are not supported by evidence. Courts look for clear facts, not anger. This is why proper documentation matters. Financial Claims and Maintenance A contested divorce could also involve maintenance, housing, school fees, medical expenses, outstanding support, dowry issues, or other financial claims. Before presenting the claim, the lawyer must review income, lifestyle, and dependents' documents and the relevant legal route. For expats, the question of applicable law may be of relevance as well. In some cases, they may request the application of their own law or another agreed-upon law, if permitted by UAE legislation. This should be extensively assessed before filing. Why Court Experience Matters A contested divorce is not just about knowing the law. It is also about knowing how to present your case in the right forum. A firm with experience in UAE courts will be familiar with filing requirements, court timelines, rules of evidence, translation requirements, hearings, use of experts, and enforcement procedures. This is where senior legal leadership becomes important. Mrs. Awatif Al Khouri, as an experienced Emirati advocate with rights of audience before UAE courts, is often involved in guiding sensitive family disputes where court strategy, procedural accuracy, and client protection are central to the case. Conclusion The best law firm for a contested divorce in Dubai will have legal knowledge, court experience, a thorough review of the evidence, and a practical understanding of family conflict. The right legal support in contested divorce matters can make a significant difference to how custody, financial claims, settlement discussions, and court proceedings are handled. For clients who are caught up in complex family disputes, established law firms such as Awatif Mohammed Shoqi Advocates and Legal Consultancy can offer structured legal assistance and clarity on available legal options. Author: Awatif Al Khouri

The UAE’s decision to ban social media platforms for minors under the age of 15 is a fundamental change in the approach towards child protection, digital safety and online accountability. From a legal perspective, this measure reflects a growing recognition that children face serious risks online, including cyberbullying, exposure to harmful content, privacy violations, online exploitation, impersonation, and misuse of personal images or information. By setting a minimum age for social media access, the UAE is placing greater responsibility not only on parents, but also on social media platforms to create safer digital environments for minors. The rule could also have practical implications for families, schools and online service providers. Parents may need to play a more active role in overseeing their children's digital activity, while platforms may be expected to employ stronger age verification measures and limit the accounts of minors. Schools may also need to improve awareness of online safety, especially in relation to cyberbullying and online misconduct involving students. For families, this development is also relevant in situations involving family disputes, custody matters, online harassment, or digital evidence. A child’s exposure to harmful online activity may become an important issue where questions of welfare, supervision, and parental responsibility arise. The UAE’s approach underscores a broader legal trend: online safety is no longer only a technology issue. It is increasingly seen in connection with child protection, privacy, the fight against cybercrime and responsible digital behaviour. Parents and guardians should take this opportunity to review their children’s online activity, preserve evidence where online harm occurs, avoid retaliatory messages, and seek legal advice where cyberbullying, threats, blackmail, image misuse, or privacy violations are involved. Author: Awatif Al Khouri

Divorce is never just a legal matter. It impacts family life, finances, children, assets, and future security. The process can also be confusing for many expats and residents of Dubai, as UAE family law can be different from the law in their home country. That’s why selecting The Best Divorce Lawyer in Dubai is not just about finding someone who knows the law. It’s about finding a family law expert who can guide you through this time calmly, protecting your rights and helping you make practical decisions at a stressful time. Understanding Divorce Law in Dubai The process of divorce in Dubai can vary depending on the religion, nationality, and marriage background of the parties, and the legal route taken by the parties. Muslim family matters are predominantly subject to Federal Decree-Law No. 41 of 2024 on Personal Status, although non-Muslim residents may have the opportunity to make a choice under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, depending on the facts of the case and the relevant jurisdiction. The UAE Government also explains that divorce procedures may involve family guidance, reconciliation steps, court filings and supporting documents such as marriage certificates, Emirates IDs, passports and children’s birth certificates where relevant. Why You Should Hire the Right Divorce Lawyer A divorce lawyer does more than just file papers. The right expert helps you know your legal position before you begin making decisions. This is especially so where the issue involves children, maintenance, joint property, business interests or international elements. A good family law expert should be able to explain: Whether the divorce can be settled amicably Whether family guidance or reconciliation is required How custody and visitation may be handled How maintenance or financial support may be assessed Whether foreign law may apply What documents are needed What risks may arise if one party leaves the UAE or travels with children? For parents, the most sensitive issues are usually custody, guardianship, school decisions, relocation, and travel permissions. Under UAE family law, the child’s welfare remains a central consideration, and the court may look at what arrangement protects the child’s best interests. Qualities to Look for in the Best Divorce Lawyer in Dubai 1. Extensive Family Law Experience A lawyer who regularly handles divorce issues will be more familiar with court procedures, family guidance needs, settlement drafting, custody conflicts, and urgent applications. Experience counts. Divorce cases often move fast, especially if there are children, travel or financial support involved. 2. Clear Explanation of Your Options The best divorce lawyer should not confuse you with complex legal terminology. You should know what applies to your case, what documents are needed, what the possible outcomes are and what the next steps are. For example, an expat client may need to know whether UAE law applies or whether the law of their home country can be considered. A non-Muslim spouse may also need guidance on whether the civil personal status route is available and suitable. 3. Ability to handle settlement and litigation Divorce doesn’t always have to be a long court fight. “Many cases can be resolved through negotiation, settlement agreements, or family guidance. But the lawyer must also be prepared to go to court for the client if the matter remains unresolved. 4. Best interests of the child When it comes to children, the child’s best interests are the court’s first priority. A good family lawyer should advise parents on custody, visitation, education, travel permissions and financial support in such a way as to protect the child's stability, welfare and emotional wellbeing. 5. Honest Advice on Cost and Time A good divorce lawyer will give you a realistic picture of the timelines, costs, and potential risks involved. Mrs Awatif Al Khouri is a Senior Emirati Advocate with rights of audience before the UAE courts. She is often known for her long-standing experience in dealing with sensitive family and personal status matters with discretion, clarity and practical judgement. Conclusion The Best Divorce Lawyer in Dubai is someone who will make your options clear, protect your legal position, advise you on custody and financial issues, and help you decide whether settlement or court action is the best way forward for your situation. The UAE family law is evolving with the Federal Decree-Law No. 41 of 2024 for personal status matters and Federal Decree-Law No. 41 of 2022 for civil personal status matters for non-Muslims, making legal guidance essential. Experienced guidance from professionals like Mrs. Awatif Al Khouri can offer legal clarity, confidence, and steady support to help the client move forward with dignity and protection. Author: Awatif Al Khouri

Divorce is never just a legal process. For many families, it also involves children, money, housing, immigration issues, emotional stress, and uncertainty about the future. This is why it is so important to choose the right family lawyer for divorce. A divorce lawyer needs to understand the law, but also to guide clients through the process with patience, clarity, and practical judgment. In the UAE, the legal routes to divorce are based on religion, nationality, the marriage background, and whether the case is agreed upon or not. Divorces of Muslim couples and other family matters are usually regulated by Federal Decree-Law No. 41 of 2024 on Personal Status. Depending on the case and the rules that apply, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status may apply to non-Muslim residents and citizens. Why Divorce Lawyers Are Important in UAE Family Cases A divorce case can involve several connected issues. These may include the divorce itself, child custody, visitation, guardianship, maintenance, school fees, housing, travel permission, division of assets, dowry, financial claims, and enforcement of court orders. Even where both spouses agree to separate, the terms should be carefully drafted so that future disputes are reduced. The UAE typically begins divorce proceedings with family guidance or reconciliation prior to court action. The divorce process is generally initiated by registering with the Family Guidance Section. It is important that parties know their rights. Early legal preparation is thus important. A recommended family lawyer for divorce should be able to explain what the law allows, what documents are required, what claims may be realistic, and what risks may arise if the case becomes contested. A good lawyer should also help the client avoid emotional decisions that may later affect custody, financial settlement, or enforcement. What to Look for in a Family Lawyer for Divorce When people search for recommended family lawyers for divorce, they are usually looking for someone they can trust with a sensitive personal matter. The lawyer should be experienced in UAE family law, familiar with court procedure, and able to handle cases involving both local and expatriate families. A strong divorce lawyer should be able to assist with: Clear explanation of the applicable law Divorce laws in the UAE may differ depending on whether the parties are Muslim or non-Muslim, whether civil personal status rules apply, and whether foreign law is being relied upon. A lawyer should explain this clearly without confusing the client with unnecessary legal language. Settlement and Negotiation Things go much more smoothly in many divorces if the spouses can agree upon custody, visitation, maintenance, and financial arrangements. A lawyer has to be able to draft settlement terms carefully so that they are practical and enforceable. Court representation If settlement is not possible, the lawyer should know how to present the case before the competent court, prepare submissions, answer claims, and support the client with evidence. Child-focused approach Where children are involved, the lawyer should keep the child’s welfare at the center of the legal strategy. UAE family courts consider the best interests of the child when deciding custody, visitation, and related arrangements. Understanding of expat issues Expat divorce cases can involve foreign marriage certificates, overseas assets, relocation issues, travel bans, international school fees, and foreign law arguments. A lawyer who understands these issues can better help clients. Divorce for Expats and Residents in the UAE The UAE is home to many families from different nationalities and religious backgrounds. This means divorce cases often have an international element. For example, one spouse may live outside the UAE, the marriage may have taken place abroad, the children may hold foreign passports, or one party may want to apply the law of another country. The UAE civil personal status framework offers an option in respect of certain divorce, custody, inheritance, and family issues for non-Muslim residents. Federal Decree-Law No. 41 of 2022 allows non-Muslim residents to opt for personal status issues, including the application of home-country laws, where applicable. Before giving advice on strategy, the proposed divorce lawyer should look at the marriage certificate, the nationality of the parties, the place of residence, the children’s documents, the financial documents, and any prior agreements. Why the Right Legal Guidance Matters The impact of divorce decisions can be long-lasting. A poorly drafted contract can cause problems later. If settlements are rushed, important issues may remain unresolved. A missed procedural step could hold up the case. Weak evidence can affect claims for maintenance, custody, visitation, or financial relief in contested cases. This is where experienced legal counsel is important. Mrs Awatif Al Khouri is a senior Emirati advocate with rights of audience before the UAE courts and has extensive experience in handling sensitive family disputes with a balanced and practical approach. Her experience is especially valuable on matters that require a blend of legal strategy, court procedure, family sensitivity and client protection. For clients going through divorce, the right lawyer should not create fear or unrealistic expectations. Instead, the lawyer should give honest guidance, explain the available options, and help the client make informed decisions. Conclusion When you are looking for recommended family lawyers for divorce in the UAE, it is not just a matter of finding someone with legal knowledge. This is about choosing a professional who can guide the client through one of the most personal and difficult times in life with clarity, discretion, and care. Whether the case involves an agreed divorce, a contested separation, child custody, maintenance, or expat family issues, proper legal advice can make the process more organized and less overwhelming. UAE family law provides structured routes for divorce, but each family’s situation is different. With her long-standing UAE court experience and careful approach to family matters, Mrs. Awatif Al Khouri brings the kind of practical insight that clients often need during divorce proceedings. For families facing separation, early advice from an experienced divorce lawyer can help protect rights, reduce conflict, and support a more stable path forward. Author: Awatif Al Khouri

If you get an Interpol Red Notice against you, things can get out of hand very quickly. Travel can suddenly be limited, bank accounts can be frozen, and in some cases, people can be arrested at the airport or during routine checks. To protect your freedom and future, it's important to know how the system works and to choose the right Interpol lawyer in the UAE. What you need to know about Interpol Red Notices in the UAE People often think that an Interpol Red Notice is an international arrest warrant. In reality, it is a request sent to police departments around to find and temporarily arrest someone until they can be extradited. INTERPOL can't arrest people on its own. Each country decides how to act on the notice according to its own laws. The UAE takes Red Notices very seriously. They can lead to immediate arrest while the legal process starts. But it's important to remember one thing: A Red Notice does not mean that someone will be extradited to their home country. Before any surrender happens, the courts in the UAE conduct their own legal review. How Interpol Cases Work in the UAE  In the UAE, cases that involve Interpol usually go through a set legal process: Finding or taking into custody Border checks or police systems might help the police find someone. In some cases, people can be detained within hours of entering the UAE. Review by the Prosecutor The Public Prosecutor evaluates the Red Notice and the documents that go with it, such as the foreign arrest warrant. Official Request for Extradition The country that requests must submit a complete extradition file. Court Cases The courts in the UAE assess the following: If the crime is recognized by UAE law (dual criminality) If the request is politically motivated If extradition were against human rights Why You Should Hire an Interpol Lawyer in the UAE Interpol cases are not like regular criminal cases. They involve more than one jurisdiction, international treaties, and strict deadlines for following the rules. An Interpol lawyer in the UAE is very important because they will: Challenge the Red Notice If the notice is illegal or abusive, lawyers can request relevant authorities to take it down or put it on hold. Avoiding Arrest or Securing Bail Sometimes, getting involved in the legal system early can stop someone from being detained or help them get bail after being arrested. Defending Extradition Lawyers make cases against extradition based on: Not enough proof Concerns about human rights Problems with the way the request was made Managing Strategy Across Borders Lawyers from different countries often have to work together on these cases, so having experience working internationally is very important. Qualities  to look for in the Best Interpol Lawyer in the UAE The right red notice lawyer in Dubai can make a big difference when you are facing a Red Notice or the risk of extradition. Here's what you should look for: Strong knowledge of the UAE extradition law It is very important to have a good understanding of UAE court procedures and the applicable laws. Knowledge of Interpol's Rules To handle Red Notice removal requests, you need to know how Interpol works and what its rules are. Ability to Respond to Crises These cases go quickly. A lawyer must be able to act right away. Coordination of International Law Being able to work with lawyers from other countries and understand how criminal systems work around the world is very important. Strong Advocacy in Court Extradition hearings in the UAE necessitate compelling legal arguments and unambiguous documentation. Helpful tips for people who have a Red Notice If you think or discover that you are subject to a Red Notice: Don't travel internationally until your status is confirmed. Get legal help right away Don't ignore messages from the authorities. Get all the important papers that have to do with the case at hand Move quickly, because delays can limit your legal options. To work on an Interpol case, you need to know the law and be able to make smart decisions.  Interpol lawyers in the UAE deal with extradition cases on a regular basis and know how the UAE handles these cases and how to build a strong defense from the start. Experienced professionals like Mrs. Awatif Al Khouri help in complicated cross-border cases. Her work in criminal and extradition matters shows that she has a deep understanding of UAE law and how countries work together legally. Her method is to protect her clients' rights at every step, from the risk of being detained to the final court decision. Final Thoughts If you get an Interpol Red Notice in the UAE, you are in a very serious legal situation, but you do have some choices. The UAE doesn't automatically extradite individuals. Each case is subject to judicial scrutiny and legal safeguards. The most important thing is to act quickly and hire a red notice lawyer in Dubai who knows both UAE law and the rules that govern Interpol and extradition around the world. It is possible to fight a Red Notice, stop extradition, and protect your legal position if you have the right plan. In cases like these, where the stakes are high, experienced professionals like Mrs. Awatif Al Khouri offer focused and practical legal help that makes it easier to handle complicated Interpol cases with confidence. Author: Awatif Al Khouri

Facing a criminal case in Dubai can be stressful, especially for expats who may not fully understand the UAE legal system, language requirements, police process, or court procedures. Whether the matter involves a police complaint, bounced cheque, assault allegation, cybercrime, fraud, drug-related accusation, alcohol-related incident, financial crime, or travel ban, choosing the right criminal defence support is important from the very beginning. When people search for the best criminal defence lawyers Dubai law firms, they are usually not looking for big promises. They are looking for someone who can explain the process clearly, protect their rights, guide them through each stage, and act quickly when the situation is urgent. Why Criminal Defence in Dubai Requires Immediate Attention Criminal issues can happen quickly in the UAE. The complaint can be registered at the police station and then passed on to the Public Prosecution. If the case is referred for a trial, it will then be heard before the criminal courts. In some cases, the accused person may be required to answer questions, produce documents, have a travel restriction or attend hearings. The UAE Crimes and Penalties Law, Federal Decree-Law No. 31 of 2021, defines criminal offences and penalties. Federal Decree-Law No. 38 of 2022 on Criminal Procedure Law shall apply to the investigation, prosecution, trial, appeal and procedures related hereto. A simple misunderstanding for someone not familiar with Arabic legal documents or UAE court practice can result in consequences. This is why early legal guidance is important. A defence strategy is usually stronger when it starts before statements are given, documents are submitted, or deadlines are missed. What Makes a Criminal Defence Strong? The best criminal defence lawyers in Dubai are usually those who combine legal knowledge with practical case management. Criminal defence is not only about knowing the law. It is also about understanding how evidence is handled, how statements are recorded, how prosecution files are reviewed, and how arguments are presented before the court. A strong defence team should be able to: What are the charges (Plain English) Review the complaint police file and supporting evidence. Advise the accused prior to making statements. Write submissions and defence memoranda. Seek bail or release where the law permits Challenge the weak or inconsistent evidence. Coordinate translation of documents as needed. Support the client on hearings, appeals and enforcement actions. Communication is particularly important for expats. Many clients worry about their job, visa, travel, family and reputation. A good legal team should not only construct the legal defence, but also explain the practical effect of each step. Common Criminal Cases in Dubai Criminal defence in Dubai may involve many different types of cases. Some matters arise from personal disputes, while others come from business dealings, online activity, financial transactions, or regulatory investigations. Common examples include: Fraud and breach of trust charges Complaints about cheques and payments Cybercrime and online defamation Complaints of assault, threats, and harassment Offences involving Drugs Incidents related to alcohol Money Laundering and Financial Crime investigations Charges of theft or embezzlement Forgery and offences relating to documents Issues of travel ban and arrest warrant Each case depends on its facts. For example, a business dispute may sometimes be wrongly treated as a criminal complaint. In other cases, a WhatsApp message, bank transfer, CCTV recording, email, or signed document may become important evidence. The defence must therefore be built carefully around the facts, documents, and applicable law. Why Evidence Matters in UAE Criminal Cases In criminal cases, the evidence is often the core of the dispute. The court may take into account witness statements, expert reports, technical evidence, medical reports, forensic findings, bank records, messages, emails, contracts or official documents. The practical defence lawyer will not just look at the charge. They'll ask important questions. Is there conclusive evidence? Did the complaint have documents to support it? Was there proof of the intent of the accused? In the statements, are there contradictions? Was it in fact civil or commercial, rather than criminal? These questions can make a major difference. In many criminal cases, the issue is not only what happened, but whether the prosecution can prove the criminal elements required by law. The Role of Public Prosecution and the Courts After a complaint is filed, the police may investigate and transfer the matter to the Public Prosecution. The Public Prosecution has an important role in examining the case, questioning parties where required, and deciding whether the matter should be referred to court. If the case goes to court, the defence can submit written statements, be present at hearings, respond to evidence and make legal arguments. Depending on the result, there may also be a right to appeal within the time limits foreseen by law. For this reason, choosing legal support only at the court stage may sometimes be too late. The earlier the defence is prepared, the better the chances of addressing issues before they become more difficult. How to Choose the Best Criminal Defence Lawyers Dubai Law Firms When selecting criminal defence support, clients should look for experience, clarity, confidentiality, and practical response. The right team should be able to explain the possible risks honestly rather than give unrealistic guarantees. Clients may ask: Has the team had any similar criminal issues? Are they able to explain it clearly? Will they review the documents before giving advice? Can they help at police, prosecution, court stage? Do they hear their concerns for expats and residents? Are they able to respond quickly in an emergency? In sensitive criminal cases, Mrs. Awatif Al Khouri is often associated with a structured and careful approach to disputes where personal liberty, reputation, and legal consequences are at stake. In criminal defence, this type of practical and measured handling can be valuable, especially where the client needs both legal protection and clear guidance. Conclusion The best criminal defence lawyers in Dubai are those who act quickly, know the criminal process in the UAE, protect the rights of the client and prepare a defence based on facts, evidence and law. Criminal cases can affect a person’s liberty, employment, travel, family life and future prospects. The best thing for expats and residents in the UAE to do when a complaint is made, a police call is received, a prosecution notice is given, or a court case is filed is to get legal advice as soon as possible. With careful preparation and a clear strategy, the defence team can focus on the real issues, challenge unsupported allegations and guide the client through the process with greater confidence. Mrs Awatif Al Khouri’s practice in complex legal matters shows the value of steady, practical and well-prepared legal support. Author: Awatif Al Khouri  

Introduction The United Arab Emirates has become one of the leading commercial and investment hubs in the region, attracting businesses, investors, financial institutions, and multinational companies from across the world. As cross-border transactions continue to increase, commercial disputes involving foreign parties, overseas contracts, international payments, foreign judgments, and assets located in different jurisdictions have become more common. In the context of a cross-border commercial dispute in the UAE, the legal questions that may arise include which court has jurisdiction, whether an arbitration clause applies, how foreign judgments or arbitral awards can be enforced, and whether proceedings should be brought before the onshore UAE courts. These issues require a clear understanding of the UAE’s legal framework, especially the rules governing the jurisdiction of the UAE courts, enforcement of foreign judgments and arbitration. In recent years, the UAE has undertaken significant legal reform to improve certainty, efficiency and enforceability in commercial disputes. These developments have strengthened the UAE’s position as a pragmatic forum for the resolution of international commercial disputes. This article discusses the key jurisdictional rules, dispute resolution options and enforcement mechanisms applicable to cross-border commercial disputes in the UAE. Direct Judicial Jurisdiction over Foreign Defendants The jurisdiction of UAE onshore courts over foreign parties is governed by Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law as amended, which repealed the Federal Law No. 11 of 1992. Articles 19 to 23 set out the main rules under which UAE courts may assume jurisdiction in civil and commercial claims involving foreign parties. UAE courts have jurisdiction to hear claims filed against UAE nationals and against foreigners who have a domicile or place of residence in the UAE, except for lawsuits related to real property located abroad, according to Article 19. Article 20 expands the jurisdiction of the UAE courts over certain civil and commercial claims against a foreigner who has no domicile or place of residence in the UAE, provided that one of the statutory connecting factors exists. These connecting factors include cases where the foreign defendant has an elected domicile in the UAE, where the claim relates to real estate in the UAE, a national’s inheritance, or an estate opened in the UAE. Jurisdiction may also arise where the claim relates to an obligation that arose, was performed, or was required to be performed in the UAE, a contract required to be authenticated in the UAE, an incident that arose in the UAE, or bankruptcy declared by a UAE court. These provisions are particularly relevant in the case of commercial disputes, as they allow UAE onshore courts to hear claims that have a sufficient legal connection to the UAE even if the defendant is a foreign party without domicile or residence in the State. Article 21 also allows UAE courts to consider incidental claims, related pleas and urgent or provisional measures enforceable in the UAE. Under Article 22, where the defendant does not appear and where jurisdiction has not been established, the court shall rule on its own motion to declare lack of jurisdiction. Article 23 also stipulates that any agreement contrary to the rules on jurisdiction in this chapter is null and void. The Civil Procedure Law also contains important safeguards for parties who do not speak Arabic. Under Article 5 of Federal Decree-Law No. 42 of 2022, Arabic is the language used before the UAE courts. Where litigants, witnesses, or other persons appearing before the court do not know Arabic, their statements may be heard with the assistance of an interpreter who has taken the required oath in accordance with the law. Article 5 also permits English to be used in certain specialized circuits or categories of cases, where approved by the Chairman of the Federal Judicial Council or the president of the local judiciary. In such cases, proceedings and submissions may be conducted in English, subject to the relevant decision. Article 8 further supports procedural fairness in claims with foreign defendants. If the official language of the defendant is not the Arabic language, the plaintiff shall attach to the notice the certified English translation thereof, unless the parties had previously agreed that the translation should be made in another language. This requirement helps to ensure that foreign defendants are adequately informed of the proceedings served on them and minimizes the risk of disputes over lack of notice or misunderstanding. The Recognition and Enforcement of Foreign Judgments For international investors, a foreign judgment is only useful if it can be practically enforced against assets located in the UAE. Under the UAE onshore legal framework, the recognition and execution of foreign judgments and orders are governed primarily by Article 222 of Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law. Article 222 states that judgments and orders of a foreign country shall be enforceable in the UAE under the same conditions as in the foreign country for the enforcement of judgments and orders of the UAE. This means that enforcement is generally available where UAE judgments and orders would be given the same treatment as judgments and orders from that foreign jurisdiction. The application for enforcement is made by petition to the execution judge, who is obliged to issue an order within the period prescribed by Article 222 from the date of submission. The order may be appealed in accordance with the applicable rules of appeal. The execution judge does not reconsider the merits of the foreign dispute. Instead, the judge verifies whether the statutory requirements for enforcement have been satisfied. These include confirming that the UAE courts do not have exclusive jurisdiction over the dispute and that the foreign court had jurisdiction under its own rules of international jurisdiction. The judgment or order must also have been issued by a court in accordance with the law of the country where it was rendered and must be duly ratified. Article 222 further requires that the litigants in the foreign proceedings were properly summoned and duly represented. The foreign judgment or order must also have acquired the force of res judicata under the law of the issuing court, either as stated in the judgment itself or supported by appropriate evidence from the foreign court. In addition, the judgment must not conflict with any judgment or order issued by a UAE court and must not contain anything contrary to UAE public order or morals. The execution judge may seek supporting documents before making a decision. This usually means that applicants should be prepared to provide the foreign judgment, proof of finality if required, proof of proper service or representation, and any necessary legalization or translation documents. These are important requirements in cross-border commercial disputes as they allow foreign judgments to be enforced in the UAE whilst preserving basic safeguards relating to jurisdiction, due process, finality and public policy. Article 225 provides that the rules on enforcing foreign judgments are subject to any international treaties or agreements between the UAE and other countries. In other words, if a treaty governs the recognition and enforcement of judgments, the treaty's provisions will apply. The Legal Framework for International Commercial Arbitration Where parties to an international commercial contract agree to resolve disputes outside the ordinary court system, arbitration is often used as an effective mechanism in the UAE. The main federal framework is Federal Law No. 6 of 2018 on Arbitration, as amended by Federal Decree-Law No. 15 of 2023. The law applies to arbitrations conducted in the UAE, unless the parties have agreed to apply another law, and may also apply to international commercial arbitrations conducted abroad where the parties agree that the UAE Arbitration Law will govern the arbitration, provided this does not conflict with UAE public order and morality. Article 6 provides that the arbitral clause shall be independent of the main contract. This implies that the invalidity, cancellation, or termination of the underlying contract does not automatically affect the arbitration clause, provided that the arbitration agreement is valid in itself and the issue does not concern the incapacity of a party. The 2023 amendments also introduced Article 10 bis, which regulates the appointment of certain persons connected with the supervisory or regulatory bodies of the competent arbitration institution. Such appointment shall only be permitted where the conditions laid down in Article 10 bis are met, such as institutional rules allowing for the appointment, the existence of safeguards against conflict of interest, the written agreement of the parties, and limits on the number of cases brought before the arbitrator. Failure to comply with these conditions may affect the validity of the arbitral award and may give rise to claims for civil compensation. Article 19 adopts the rule that the arbitral tribunal may determine its own jurisdiction, allowing the arbitral tribunal to rule on its own jurisdiction, including objections based on the existence, validity, or scope of the arbitration agreement. The tribunal may decide this issue either as a preliminary question or in the final award. Where the tribunal rules on jurisdiction as a preliminary matter, any party may challenge that decision before the Court within fifteen (15) days after receiving notice of it. The Court will then decide whether the tribunal has jurisdiction, and its decision is final. Article 55 sets out the procedure for recognition and enforcement of a final arbitral award once it is made. The party seeking enforcement shall submit the necessary documents, including the original award or a certified copy thereof, the arbitration agreement, an Arabic translation where the award is not in Arabic, and a copy of the minutes of deposit of the award with the Court. The order of recognition and enforcement shall be issued by the president of the Court or a delegated judge within 60 days from the date of filing unless a ground for nullification under Article 53 is established. In the case of foreign arbitral awards, Article 223 of the Civil Procedure Law should also be considered. It provides that the rules concerning foreign judgments in Article 222 shall also apply to foreign arbitral awards, provided that the subject of the award is capable of settlement by arbitration under UAE law and the award is enforceable in the country where it was issued. This means that enforcement in cross-border disputes may require application of both the UAE Arbitration Law and the Civil Procedure Law, depending on the seat of the award, whether it is seated in the UAE or abroad. Conclusion The UAE has a legal framework for cross-border commercial disputes, including jurisdiction, court procedures and enforcement of foreign judgments and arbitration. The relevant rules will depend on a number of factors, including the parties involved, the link of the dispute to the UAE, contractual dispute resolution clauses and any relevant international treaties. International commercial disputes are frequently settled by litigation and arbitration. Foreign judgments and foreign arbitral awards can be enforced on the satisfaction of the statutory conditions. Businesses involved in cross-border transactions should therefore consider jurisdiction, arbitration, service, translation and enforcement issues when structuring their commercial relationships. Author: Awatif Al Khouri

In the UAE, especially in Dubai, which is a business hub where brands compete in many industries, trademark infringement is a big problem. It's important to protect your brand identity, whether you're a new business, an established business, or a single entrepreneur. It's very important to take legal action right away if someone is misusing, copying, or using your trademark without your permission. This blog tells you how trademark infringement works in Dubai, what your legal rights are, and how the right IP dispute lawyer in the UAE can help you protect those rights. What is trademark infringement in Dubai? A trademark is a sign that is different from all others and tells people what your goods or services are; these could be names, logos, slogans, or even special boxes. After registering, the owner can only use it with the goods or services they own. If someone uses a mark that is the same as or very similar to your registered trademark without your permission, that is trademark infringement. This can confuse customers and hurt the reputation of your brand. Federal Decree-Law No. 36 of 2021 on Trademarks protects trademark owners in the UAE from this kind of misuse. The law gives both civil and criminal remedies, so enforcement is a strong tool when done right. Different Types of Trademark Infringement In Dubai, there are several ways to infringe on trademarks: Using your brand name or logo to sell fake goods Using a brand identity that is similar to another one, which confuses customers Using your trademark in social media or online stores without your permission Bringing in or selling goods that have your registered mark on them without permission If it causes confusion in the market, even a little bit of similarity can be considered infringement. Legal Options in the UAE If someone breaks your trademark rights, UAE law gives you a number of ways to enforce them: A civil action You can file a claim in the UAE courts asking for: Injunction orders for the infringing activity Compensation for financial losses Seizure and destruction of counterfeit goods Criminal Complaint Trademark infringement can also be treated as a criminal offense. Penalties may include: Fines Taking things away Closure of the business in very extreme cases Action by the government The Department of Economic Development and customs departments, among others, can help with: Market inspections Seizure of counterfeit products Blocking import/export of infringing goods An experienced IP dispute lawyer in the UAE will assess which route is most effective based on the facts of your case. Why It's Important to Register a Trademark Remember that enforcement gets a lot stronger when your trademark is officially registered in the UAE. While unfair competition rules may not protect unregistered marks very well, registered trademarks make clear legal rights. Registration also lets: Authorities to enforce rules more quickly. More convincing evidence in court Protection throughout the UAE market Without registering, pursuing infringement claims can become more difficult and take longer. The Legal Process for Disputes Over Trademarks There is a standard way that trademark lawsuits go in Dubai: Step 1: A Notice of Legal Action A formal notice is sent to the infringing party, telling them to stop using the trademark. This step alone settles the disagreement in some cases. Step 2: Gathering Evidence. The trademark infringement lawyer in Dubai will gather proof like this: Certificates for trademark registration Example of goods that violate the law Online advertisements or listings on the web. Financial records that show losses Step 3: Filing the Case in Court Depending on the matter, a civil or criminal case is filed. The courts in the UAE work in Arabic, so it's important to have legal translation and the right paperwork. Step 4: Temporary Measures Courts can give urgent relief, such as: Confiscation of fake goods. Temporary orders Step 5: Judgment and Enforcement After a judgment is made, enforcement proceedings ensure that the rules are followed by the recovery of damages or the closure of infringing businesses. How to Choose the Best IP Dispute Lawyer in the UAE The kind of legal help you choose can have a direct effect on how you deal with trademark infringement. Here are some important things to think about: Experience in litigation A lot of the time, courts have to get involved in trademark disputes. Choose a trademark infringement lawyer in Dubai who has strong courtroom experience in UAE civil and criminal court cases. Knowledge of UAE IP Laws The UAE's legal system is different from others because it combines civil law ideas with strict rules for how things should be done. A lawyer should know a lot about the laws and how they are enforced in their area. A strategic approach Not every case needs to go to court. A good trademark infringement lawyer in Dubai will look at whether negotiation, administrative action, or court proceedings are the best way to go. Ability to speak more than one language It is very important to have an IP dispute lawyer in the UAE who can handle translation and communication well because the UAE courts work in Arabic. Useful Advice for Businesses Dealing with Infringement If you think someone is infringing on your trademark, you should do the following: Take immediate action. Enforcing early prevents more damage from happening. Keep things like invoices, screenshots, and product samples as proof. Don't confront without legal advice. Make sure that your trademark is registered correctly in the UAE. Before you take any steps, talk to a trademark infringement lawyer in Dubai. Acting quickly can often mean the difference between a dispute that can be handled and a prolonged legal battle. The Role of Legal Strategy in Trademark Protection Trademark disputes are not just about stopping infringement. They are about protecting brand value, market position, and consumer trust. A well-planned legal strategy may include: Monitoring the market for suspected infractions. Registering trademarks in the appropriate classifications. Working with customs officers. Acting quickly to enforce as necessary. This proactive strategy lowers long-term risks and strengthens your legal position. In reality, a lot of trademark problems in Dubai involve both civil claims and administrative enforcement. Businesses often forget how quickly counterfeit goods can spread across markets, especially through online platforms. Legal professionals with strong litigation backgrounds understand how to combine court action with regulatory enforcement to achieve faster results. This includes working with authorities, who can confiscate goods and also try simultaneously to claim compensation through the courts. Mrs. Awatif Al Khouri has long stressed how important it is to make sure that the law is followed in a way that makes sense. With decades of experience in UAE courts, the focus is not just on legal rights but also on getting real results for clients, including stopping infringement at its source and securing enforceable judgments. Conclusion Trademark infringement in Dubai is a serious legal issue, but the UAE provides a strong framework to protect intellectual property rights. Businesses have many ways to protect their brand, from civil lawsuits to criminal enforcement. The key is to act quickly and hire an experienced IP dispute lawyer in the UAE who knows both the law and how to enforce it in real life. It takes experience in court, the ability to think strategically, and a good understanding of how the UAE government works. Mrs. Awatif Al Khouri, with long-standing experience in handling complex disputes before UAE courts, brings a litigation-focused approach that prioritizes speed, precision, and enforceability. A structured legal approach can help you deal with fake goods, unauthorized brand use, or online infringement. You can stop the violation, recover losses, and protect your business reputation in the long term. Author: Awatif Al Khouri

Selecting the right legal assistance in the UAE can be confusing, especially for expats, business owners, investors, employees, landlords, tenants, and families navigating unfamiliar rules. Legal Consulting Firms in the UAE are sought after by many looking for early advice before a dispute becomes an escalation, a contract is signed, or a court case becomes inevitable. A legal consulting firm can help you understand your position, review documents, explain risks, draft notices, facilitate negotiations, and provide advice on the proper legal course of action. But not all legal service providers are created equal. Some do purely advisory work, others may also have licensed advocates who may appear before UAE courts. This difference is relevant because UAE legal practice and legal consultancy are regulated professions under Federal Decree-Law No. 34 of 2022 on Regulating the Advocacy and Legal Consultancy Professions. What Do Legal Consulting Firms in the UAE Do? Legal consulting firms in the UAE usually provide guidance in contracts, employment, family issues, real estate disputes, business formation, debt recovery, arbitration, estate planning, and commercial dealings. Their role is often a preventive one. They help clients understand what a document means, what obligations there are, and what practical steps need to be taken before things get more serious. For example, a tenant may need advice before signing a rental agreement. A shareholder may need advice before entering into a business deal. An employee may want to know about termination rights under the UAE Labor Law, Federal Decree-Law No. 33 of 2021. A family may seek guidance on divorce, custody, or inheritance matters under the relevant personal status framework, including Federal Decree-Law No. 41 of 2024 or the civil personal status law for non-Muslims, as applicable. A good legal consultant does not simply say the law. It’s about explaining what the law means for your facts, your documents, your timeline, and your risk. Legal Consultant, Lawyer, and Advocate: Why the Difference Matters In the UAE, clients need to understand the difference between court representation and general legal advice. A legal consultant can advise, draft, review, and help with negotiations. But usually, court representation needs a fully licensed advocate with the right of audience before the relevant UAE court. This is especially important when a matter may move from advice to litigation. If you are dealing with a serious dispute, it is useful to choose a legal team that can assess the matter from both angles: advisory strategy and court procedure. How to Choose the Right Legal Consulting Firm in the UAE The first thing to check is whether the firm understands your area of concern. UAE law covers many fields, and the approach for a family case is different from a corporate dispute, employment complaint, property issue, or criminal matter. A suitable legal consulting firm should be able to: Explain your legal position in simple language. Review your documents carefully. Identify the correct UAE law or procedure. Tell you what evidence is important. Be truthful about risks, timetables, and possible results. Make no unrealistic promises. Assist in deciding on negotiation, complaint, arbitration, or court action. Language and cultural understanding are also important for expats. It is the first time for many residents to go through the UAE procedures. A good advisor should explain not only the law but also the practical process, such as which authority may be involved, what documents are usually needed, and what steps may come next. Look for Practical Experience, Not Just Big Claims Many people search online for the “best” legal consulting firms, but a better question is: who is suitable for this specific matter? For business issues, you may need someone who understands UAE commercial practice, shareholder arrangements, company documents, and dispute resolution. For family matters, you may need guidance on jurisdiction, custody, financial claims, and applicable personal status law. For employment matters, the legal team should understand employment contracts, termination, end-of-service benefits, and the Ministry of Human Resources and Emiratisation process. The advisor should be familiar with sale agreements, tenancy disputes, developer issues, Dubai Land Department procedures, and settlement strategies in real estate cases. In all areas, the legal consultant must connect the law to the documents and facts. Clients benefit from a combination of legal advisory work and a real understanding of the courtroom when working on complex UAE legal matters. Mrs. Awatif Al Khouri, of Awatif Mohammad Shoqi Advocates and Legal Consultancy, has extensive UAE court experience and is often involved in matters that require careful legal strategy, dispute assessment, and practical direction. Her experience is particularly relevant in situations where a client’s matter may require advisory support and planning for future litigation. Such guidance is useful because many legal problems do not fit neatly into one box. A contract review can give rise to a commercial claim. A dispute over property may end up in court. Family discussion can become a contested proceeding. A good legal strategy will consider not just the immediate problem but also likely the next stage. Conclusion Choosing among Legal Consulting Firms in the UAE should be based on the right legal advisory service that is practical, transparent, experienced, and able to explain UAE law in a way you can understand. The best legal support for expats and UAE residents is usually the one that helps you make informed decisions early, protects your documents, reduces risk, and prepares you for the right legal route if the matter gets escalated. Experienced law firms in the UAE, like Awatif Mohammad Shoqi Advocates and Legal Consultancy, can help clients approach legal issues with more clarity, better preparation, and a more realistic understanding of their options under UAE law. Author: Awatif Al Khouri

Enforcing a family court order in Dubai requires more than obtaining a judgment. Whether the order concerns custody, visitation, maintenance, child support, housing, education expenses or other financial obligations, the successful party must follow the applicable execution procedures before the competent court. The applicable legal position will depend on the personal-status framework applicable to the subject, as well as the position of the parties. Federal Decree-Law No. 41 of 2024 on Personal Status abrogates Federal Law No. 28 of 2005. The Federal Decree-Law No. 41 of 2022 on Civil Personal Status establishes a separate civil system for non-Muslims for the cases provided for in the law. The enforcement must also be in accordance with Federal Decree-Law No. 42 of 2022, including the special provisions for the execution of personal status judgments before the Personal Status Execution Judge, and the rules of evidence under Federal Decree-Law No. 35 of 2022. Custody, Visitation and Travel Orders Enforcement of family court orders in Dubai mainly relates to custody arrangements, which decide residence, visitation, travel and parental responsibilities after a divorce. According to Article 112 of Federal Decree-Law No. 41 of 2024, custody is the care and upbringing of the child without prejudice to the guardian’s rights, and it differs from guardianship over broader affairs. Custody generally ends when the child reaches 18 Gregorian years, but if the child has a mental incapacity or serious illness and the child’s interests require it, custody may continue according to Article 123. The child may decide who they want to live with at the age of 15 under Article 122, unless the court considers that another arrangement would be in the best interests of the child. Visitation and overnight rights to the non-custodial parent are provided under Article 121. Parents can agree on arrangements, or the court will set a schedule if they don’t. Failure to comply may be enforced compulsorily, and variations agreed by the court may be approved where they are for the benefit of the child. Pursuant to Article 116 of this Law, the custodial parent may travel with the child outside the UAE with the written consent of the other parent or the child’s guardian, as the case may be. The court can authorise travel for a total of up to 60 days per year and may require a guarantee for the child’s return. The court has the discretion to permit a longer period if justified by the child’s interests, treatment or necessity. Article 117 deals with the possession of the child’s passport. The guardian may normally hold it, but it has to be handed over to the custodian when it is required for authorised travel. If the guardian unreasonably prevents the passport from being handed over when it is needed, the court may order that the passport remain with the custodian. Joint and equal custody after divorce is the default position under Article 10 for families covered by Federal Decree-Law No. 41 of 2022 on Civil Personal Status. The practical framework for joint custody is provided in the Cabinet Resolution No. 122 of 2023, including arrangements of alternating residence, objections to joint custody, applications to remove one parent from custody and arrangements for travel. During the period of joint custody, neither parent shall travel with the child outside the UAE if the other parent objects unless the court allows the travel and may require the provision of appropriate guarantees for the return of the child. Maintenance and Financial Support Orders The financial support orders may include spousal support, child support, housing, medical care, education, and other necessary needs. As per Article 95 of Federal Decree-Law No. 41 of 2024 on Personal Status, Maintenance shall include food, clothing, shelter, medical care and education, assessed in accordance with customary practice. According to Article 96, the court takes into account the financial capacity of the person liable for payment, the circumstances of the person entitled to receive the payment and the current economic situation when determining the amount. Where the statutory conditions are met, a husband shall be under an obligation to provide maintenance to his wife under a valid marriage contract, even where she has independent financial means. Under Article 103, there are certain circumstances under which a wife may lose her right to maintenance, for example, if she refuses to have marital relations, refuses to move into or remain in the marital home without good and sufficient reason. A claim for past spousal maintenance will not be entertained for a period beyond two years prior to the date of filing. The court may also grant temporary maintenance to the wife and children while a maintenance claim is pending. Such an order is summarily enforceable by law under Article 100. This can be particularly important where immediate support is required before a final judgment is issued. Child maintenance is generally the father’s responsibility where the child has no financial means. Under Article 106, maintenance continues for a daughter until she marries or becomes employed, and for a son until he reaches the age at which peers would ordinarily be self-sufficient. It may continue where a son remains in education and is progressing successfully, as determined by the court. Maintenance may also remain payable for an adult child unable to earn due to disability or another reason. A claim for child maintenance relating to a period exceeding one year before the judicial claim will not be heard. The non-Muslims are governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status. Post-divorce alimony and interim maintenance are calculated based on the civil personal-status framework. In deciding what award is appropriate, the court may consider the length of the marriage, the financial position of the parties, the age of the wife, the contribution made by either of the parties to the dissolution of the marriage, and the financial consequences of the separation. For effective enforcement, the judgment should clearly state the amount payable, payment frequency and date, responsibility for school, medical and housing expenses, and any outstanding arrears. Clear financial terms help avoid disputes at the execution stage, where a party fails to comply voluntarily. Execution of Family Court Orders Family court judgments are executed before the Personal Status Execution Judge under Articles 226 and 227 of the Civil Procedure Law. The judge has exclusive competence over personal-status execution, related disputes, procedural objections and travel-ban orders. Under Article 231, execution generally proceeds after seven days from service of the execution writ. Under Article 233 of the Civil Procedure Law, execution begins when the applicant registers an execution claim and identifies the measures sought. The execution writ must be served on the debtor together with a notice requiring payment or compliance within seven days from the date of service. Where there is evidence that the debtor may remove or conceal assets, Article 234 permits the Execution Judge, before service of the execution writ, to order precautionary attachment of the debtor’s assets and to conduct enquiries regarding those assets. This may be relevant where there is an indication that the debtor is attempting to transfer funds, conceal property or otherwise undermine the creditor’s ability to recover the judgment debt. Article 324 also permits a creditor to seek a travel ban where there are serious grounds to fear that the debtor may leave the UAE. Although ordinary civil claims generally require a debt of at least AED 10,000, this threshold does not apply to established maintenance obligations. The personal-status execution judge may also prevent a child from travelling where the requirements of the Personal Status Law are not met. Under Article 325, the travel ban remains in force until the underlying obligation is discharged or until one of the statutory grounds for lifting it is established. Recognition and Use of Electronic Evidence under UAE Law Federal Decree-Law No. 35 of 2022 recognises electronic evidence in civil and commercial proceedings. Under Articles 53 to 55, electronic evidence may include electronic records, emails, messages, electronic documents, digital media and other information created, stored or transmitted through information technology, provided that it can be retrieved in a readable form. Such evidence is treated as written evidence under the Law. Articles 1 and 2 place the burden of proving a claim on the claimant, while Article 10 confirms that evidentiary procedures implemented electronically have the same binding force prescribed by law. In family enforcement proceedings, electronic records such as payment confirmations, bank transfers, salary records, emails and messages may therefore assist in demonstrating non-payment, financial capacity or non-compliance with a court order, subject to their authenticity and reliability. Conclusion Enforcing a family court order in Dubai requires a clear understanding of both the substantive rights created by the applicable personal-status regime and the procedural steps required to give effect to those rights. Custody, visitation, travel, maintenance and financial-support orders must be drafted with sufficient clarity to allow the Execution Court to identify the obligation and take appropriate action where voluntary compliance does not occur. Parties should act promptly where payments are missed, visitation arrangements are obstructed, or there is a risk that a parent may travel with a child or move assets beyond reach. Maintaining reliable records of payments, communications, travel arrangements and financial circumstances can be critical at the enforcement stage. The UAE’s current legal framework provides a range of mechanisms to protect family-related rights after judgment, including execution proceedings, attachment measures, travel restrictions and the use of electronic evidence. However, the appropriate remedy will depend on the specific terms of the judgment, the applicable personal-status law and the circumstances of the parties and child involved. Author: Awatif Al Khouri

Inheritance planning is one of those things many people hold off on until they have to deal with it urgently. This can cause serious problems for families in Dubai, particularly where the deceased has assets in the UAE, family members are in different countries, or there is no clear will. That's why choosing the best inheritance lawyer in Dubai is not just about finding someone to prepare documents. It is about locating someone who understands family concerns, court procedures, the UAE inheritance laws and the practical steps needed to protect the estate. For expats and residents, inheritance in Dubai can involve several questions. Who will receive the assets? Which law will apply? Is there a valid will? Are the heirs in the UAE or abroad? A good inheritance lawyer should be able to guide the family through these questions clearly and practically. Why Inheritance Law in Dubai Needs Careful Advice Dubai has a varied population, and many of its residents own assets in more than one country. This makes inheritance problems more complicated. The law that applies may depend on the person's religion, nationality, residence, the type of assets involved and whether a will was registered. Inheritance of Muslim residents is governed by the provisions of Sharia, except for special legal cases. UAE law now offers more clarity for non-Muslim residents, including the ability to register wills and apply civil personal status laws in certain circumstances. Non-Muslims may also wish to consider registering their will through recognised channels depending on their circumstances, such as the DIFC Wills Service Centre or the relevant local court process. That’s where good legal advice matters. An unclear, incomplete or improperly registered will could lead to disputes later. Similarly, the family may have to go through a court process to establish the heirs and distribute the estate if a person dies without a will. What Does an Inheritance Lawyer Do? An inheritance lawyer in Dubai can help with both planning and disputes. In planning matters, the lawyer may assist in preparing a will, reviewing ownership of assets, advising on guardianship clauses for minor children and explaining how UAE procedures may apply. For expats, the lawyer may also see how the UAE estate plan connects with assets in other jurisdictions. The lawyer can help heirs in court applications, probate, estate administration, freezing of assets, release of bank accounts, transfer of property and claims between family members in inheritance disputes. These things sometimes have to be handled carefully. The best inheritance lawyer in Dubai should be able to explain the process in simple terms. Families should not be left confused about what documents are needed, how long the process may take, or what risks may arise. Key Qualities to Look For Families should avoid being misled by the titles and marketing claims when looking for legal help for inheritance issues. The lawyer should be familiar with the laws of the UAE on personal status, civil procedures, registration of wills, transfer of real estate and requirements of the courts. Communication is also essential. Inheritance cases usually involve families living outside the UAE. A good lawyer should be patient, organised and able to explain the legal position. Experience with both preventive planning and court-based inheritance matters is also useful. Some lawyers may mainly draft wills, while others may focus on disputes. Ideally, the legal advisor should understand both sides. This helps in drafting stronger documents and also in managing disputes if they arise later. Why Expats Should Not Delay Estate Planning Many expats, however, believe the law of their home country will automatically apply to their UAE assets. This is not always easy to do in practice. The family may face delays in accessing bank accounts or transferring property or dealing with company shares without a registered will. Sometimes, family members need to get documents from different countries, translate and legalise records and approach UAE courts before the estate can be dealt with. A good estate plan can avoid these problems. It can make clear who should inherit, who should be the executor and who should be the guardian for the children. It can also prevent unnecessary arguments among family members. Registration is often a crucial step for non-Muslim expats. But the right path depends on the person's assets, family structure, nationality and long-term plans. A lawyer can advise whether a DIFC will, a local court will, or another legal route is more appropriate. Inheritance Disputes in Dubai Family members may also have disputes over inheritance if they do not agree on the validity of a will, the identity of heirs, the value of assets or how property is managed. Disputes can also arise if one heir has documents, bank details or access to property. Legal advice should be obtained early in such cases. Delay can make it harder to collect evidence, freeze assets or stop unauthorised transactions. The lawyer may need to review death certificates, family documents, wills, title deeds, bank records, company documents and correspondence between the parties. A practical inheritance lawyer will first assess whether the matter can be resolved through discussion. If not, the lawyer may guide the family through court proceedings in a structured way. In inheritance and family property matters, clients often need someone who can combine legal knowledge with practical sensitivity. Mrs. Awatif Al Khouri is often associated with careful handling of family-related legal issues, particularly where the matter requires a clear understanding of UAE court procedures and the concerns of residents and expats. In inheritance matters, this type of approach can be valuable because families usually need direct advice, timely action, and calm guidance during a difficult period. Conclusion Choosing the best inheritance lawyer in Dubai means choosing someone who would protect the family interests before and after a death. Inheritance is not just about legal shares for expats and residents alike. It is also about protecting children, preserving assets, reducing conflict within a family and making sure the right procedures are followed. Whether someone wants to prepare a will, register an estate plan, handle probate or settle a dispute between heirs, early legal advice can help the process go more smoothly. With the assistance of experienced legal professionals such as Mrs. Awatif Al Khouri, families can approach inheritance matters with greater clarity and confidence. Author: Awatif Al Khouri

In a city like Dubai almost every transaction, conversation, and business activity has a digital layer. From hacked accounts and online fraud to social media defamation and data breaches, legal disputes in this space are growing fast. The real question is not just who is the best lawyer, but what makes a cybercrime lawyer in Dubai truly effective for your case. Understanding Cybercrime in the UAE Cybercrime in the UAE is governed primarily by Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes. This law applies to a range of offenses, such as: Unauthorized access and hacking Online scamming and phishing Social media defamation and insult Data theft and violation of privacy Cyber extortion and threats Penalties are severe and depend on the offense. In many cases, they include: Imprisonment Fines Deportation for expatriates Confiscation of devices or financial gains What Does a Cybercrime Lawyer Actually Do? A cybercrime lawyer in Dubai works at the intersection of criminal law and technology. Their role is broader. Usually, they deal with: Defense cases (charged with fraud, hacking, defamation, etc.) Victim representation (money recovery, complaint filing, and damages). Examine digital evidence (emails, logs, IP data, and screenshots) Cross-border legal difficulties Because cybercrime cases often depend on technical evidence, the cybercrime lawyer in Dubai must understand both legal procedure and digital systems. What Makes the “Best” Cybercrime Lawyer in Dubai? There is no single “best” lawyer in absolute terms. Instead, the right lawyer depends on your situation. However, strong cybercrime lawyers in Dubai typically share these crucial characteristics: Thorough understanding of UAE cyber laws. They must completely understand Federal Decree-Law No. 34 of 2021 and the relevant laws. Without it, it’s easy to miss important defenses or procedural steps. Knowledge of digital evidence. Cybercrime cases are often built on: Server Logs Device Forensics Social Media records Electronic communications A good UAE cybercrime lawyer knows how to challenge or validate this evidence in court. Strong Courtroom Strategy Cybercrime cases can escalate quickly due to strict penalties. The right UAE cybercrime lawyers should be able to: Challenge intent (a key factor in many cases) Argue a lack of knowledge or unauthorized access. Identify procedural errors in the investigation. Cross-Border Understanding. There are many types of cyber offenses involving the following: Foreign Bank accounts Schemes of international fraud Data hosted outside of the UAE A good cybercrime lawyer knows about jurisdiction and extradition risks. Crisis Management Skills Cybercrime cases often involve urgency: Frozen bank accounts Police complaints Travel restrictions The right lawyer acts quickly to limit damage and protect your legal position early. The Role of Experience in Complex Cases When it comes to cybercrime, experience is not just about the number of years in the field but real digital disputes under UAE law. Mrs. Awatif Al Khouri has been engaged in complex criminal and technology cases where legal strategy must correspond with procedural law and real digital evidence. Her approach generally includes: Building a strong defense early on Correct handling of technical evidence Aligning legal arguments with practical results How to Choose the Right Cybercrime Lawyer in Dubai If you are evaluating your options, focus on these practical steps: Ask about similar cases Assess responsiveness Understand their strategy Avoid choosing based only on cost. In cybercrime cases, the consequences of poor representation are far more expensive. Conclusion There is no single “best” cybercrime lawyer in Dubai for everyone. The right choice depends on your specific situation, the nature of the allegation, and the complexity of the digital evidence involved. What truly matters is finding a lawyer who understands both UAE cybercrime law and the technical realities behind digital disputes. Experienced professionals like Mrs. Awatif Al Khouri demonstrate how effective legal strategy in cybercrime cases requires more than legal knowledge. It requires precision, timing, and a clear understanding of how technology and law intersect. If you are dealing with a cyber-related issue in Dubai, acting early and choosing the right legal guidance can make a decisive difference in protecting your rights and your future. Author: Awatif Al Khouri

Introduction In the UAE, travel bans are commonly used to protect the rights of creditors, claimants, and the authorities during civil, criminal, and family-related proceedings. This is especially important in a country where a large part of the population consists of expatriates who may be able to leave the country quickly if a dispute or case arises. Because of this, many residents and businesses now search for ways to do a travel ban UAE check before travelling, renewing visas, changing jobs, or dealing with court matters. A travel ban can affect a person’s ability to leave the UAE, and in some cases, it may be connected to unpaid debts, bounced cheques, civil execution files, criminal complaints, family disputes, or immigration-related issues. The UAE legal system seeks to maintain a balance between two. Creditors and claimants must have a practical means of protecting their rights. On the other hand, people should not be stopped from travelling without a proper legal basis. This balance is reflected in various laws such as Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law, Federal Decree-Law No. 38 of 2022 on the Criminal Procedure Law and the relevant family law framework, including personal status laws and civil personal status laws where applicable, depending on the nature of the dispute. Civil and Commercial Enforcements under Federal Decree Law No. 42 of 2022 The imposition of travel restrictions in civil and commercial disputes is governed by Article 324 of Federal Decree-Law No. 42 of 2022 (Civil Procedure Law). A creditor who reasonably fears that a debtor may leave the UAE to avoid repayment may apply for a travel ban. The debt is usually required to be AED 10,000 or more, but there are different rules for established alimony, work-related obligations, and obligations to do or not do a specific act. The debt should normally be due, unconditional and known. If the amount is not fixed, the judge can give a provisional assessment based on written evidence and order the creditor to provide a guarantee approved by the court. It also enables the judge to hold a brief inquiry, direct the deposit of the debtor’s passport with the court and circulate the travel ban at the exit points of the UAE. Travel restrictions are not limited to civil and commercial debts. Article 324 also empowers the personal status execution judge to prevent a child from travelling where such travel would breach the applicable family law framework, including matters relating to custody, guardianship, child travel, maintenance, and enforcement of family court orders. Precautionary civil travel bans may be issued on petition and, in practice, can sometimes be made without prior notice, meaning individuals may only discover them when travelling or dealing with immigration authorities. The Civil Procedure Law also applies this mechanism to private juristic persons. Under Article 322, where the debtor is a company or other private legal entity, the execution judge may impose measures, including a travel ban, on its legal representative or other responsible persons if they are personally responsible for the failure to comply with the execution order. Such measures require investigation and are not an automatic consequence of a company’s unpaid debt. The enforcement mechanisms are also linked to the Commercial Transactions Law issued pursuant to Federal Decree-Law No. 50/2022. According to Articles 630 and 667 of Federal Decree-Law No. 50 of 2022 on Commercial Transactions, a dishonoured cheque due to insufficient funds can be regarded as a writ of execution, which permits the cheque holder to initiate execution proceedings directly. In such proceedings, the creditor may also request, under the applicable provisions of the Civil Procedure Law, a travel ban. Criminal Travel Restrictions and Public Prosecution Discretion under Federal Decree Law No. 38 of 2022 In criminal matters, the provision on travel bans is Article 99 of Federal Decree-Law No. 38 of 2022 on the Criminal Procedure Law. This article allows a member of the Public Prosecution to issue a travel ban against a defendant where required by the circumstances of the case. Once issued, the travel ban must be circulated to all UAE ports. The purpose of a criminal travel ban is to ensure the defendant is available for investigation, prosecution or trial. Such restrictions may be imposed in cases of fraud, breach of trust, forgery, drug offences, serious traffic offences or other criminal complaints when the authorities consider the presence of the defendant necessary. A criminal travel ban is separate from detention. A person may be subject to a travel ban even if they have not been arrested. Where the defendant is detained or released pending proceedings, Articles 108 and 109 may become relevant. Article 108 deals with temporary release from remand, while Article 109 allows release on personal guarantee, bail, or with a travel ban, depending on the circumstances of the case. However, release from detention or grant of bail does not automatically mean that a travel ban is lifted. The travel restriction may need to be addressed separately before the competent authority. Travel restrictions may also arise at the criminal enforcement stage. Under Article 308 of the Criminal Procedure Law, judgments imposing fines, refunds, compensation, or other financial penalties may be enforced by the Public Prosecution. In such cases, a travel ban may be issued as part of the enforcement process until the required amounts are settled or the competent authority decides otherwise. Custodial Safeguards and Travel Restrictions under Family and Personal Status Frameworks Travel restrictions are also sometimes invoked in child custody and family law disputes, particularly where there is a concern that a child could be relocated from the UAE without consent. According to Article 116 of Federal Decree-Law No. 41 of 2024 on Personal Status, a custodial parent can travel outside the UAE with the child with the written consent of the other parent or the child’s guardian, as the case may be. Where consent is refused, the court may authorise the custodial parent to travel with the child for a period or periods not exceeding 60 days in a year, provided the court is satisfied that the child’s return can be secured. The court may extend this period where travel is in the child’s best interest, for medical treatment, or due to urgent necessity. This family law mechanism is relevant to travel ban matters as the court may intervene where child travel would breach custody, guardianship or parental consent requirements. Depending on the parties, the forum and the nature of the custody or child travel dispute, Federal Decree-Law No. 41 of 2022 on Civil Personal Status may be relevant in non-Muslim family matters. Article 117 of Federal Decree-Law No. 41 of 2024 on Personal Status also allows the child to travel with the custodian. The child’s passport is usually kept with the guardian, but must be handed over when travel is authorised. Where the guardian unreasonably refuses to hand it over, the court may order that the custodian retain the passport to avoid obstacles to authorised child travel or custody arrangements. Article 124 also states that the custodian may keep the child’s identification documents, provided they are not to be used for travelling without the guardian’s or the court’s approval or in a way that is contrary to the best interests of the child. Article 252 reinforces this by imposing criminal penalties, including imprisonment and/or a fine between AED 5,000 and AED 50,000, on a custodian who takes the child outside the UAE without the permission of the guardian or the court. In terms of non-Muslim family matters, Cabinet Resolution No. 122 of 2023 has introduced the child travel regulation during joint custody in Articles 21 and 22, which states that no parent shall take the child outside the UAE without the consent of the other parent. The court may authorise travel with appropriate guarantees for the return of the child or temporarily prohibit the child from travelling where the objections are justified. Remedial Procedures for Removing Travel Bans The first thing you should do is check the status on the official public portals. It is available on the Dubai Police website or app, using the Emirates ID, in Dubai. However, it is recommended to use this service only as an initial check, as some restrictions may still need to be checked with the relevant court, Public Prosecution, immigration authority or execution department. When it comes to lifting a travel ban, the legal structures in the UAE require the applicant to deal with the underlying cause of the dispute or to provide a satisfactory security alternative. The party against whom an order made under Article 324 is a civil travel ban may challenge the order through the applicable grievance procedures. If the order is issued by the execution judge, the grievance shall be submitted in accordance with Article 209(1) of the Civil Procedure Law, which provides for a period of seven working days. Substantively, the restriction can be lifted by several avenues under Article 325: ● By satisfying the debt in full and submitting proof of payment directly to the court execution file. ● By obtaining the written consent of the creditor to withdraw the restriction. ● By submitting a bank guarantee or a solvent personal surety accepted by the execution judge. ● By depositing the exact amount of the claim directly into the court treasury. ● By demonstrating that the creditor failed to initiate a substantive lawsuit within eight days of obtaining a pre-judgment ban, failed to initiate execution proceedings within thirty days of a final judgment, or left the execution case inactive for three consecutive years. In criminal cases, the travel ban remains active until the investigation concludes, a final verdict is issued, or the Public Prosecutor accepts a request to lift the ban based on the submission of alternative guarantees. Conclusion Travel bans in the UAE can arise from civil execution cases, dishonoured cheque claims, criminal investigations, company-related disputes, or family and child custody matters. Because different authorities may impose them, identifying the source of the restriction is essential before seeking removal. The first step is to verify whether a travel ban exists and determine whether it was issued by a civil court, execution judge, Public Prosecution, criminal court, or family court. The available remedy depends on the issuing authority. In civil cases, options may include debt settlement, creditor consent, a court deposit, a bank guarantee, or filing a grievance. In criminal matters, removal depends on the stage of the case and the decision of the competent authority. In family disputes, courts focus on the child’s best interests and preventing unlawful removal from the UAE. The UAE system balances enforcement with fairness by allowing restrictions to be challenged or lifted when the legal basis no longer exists or adequate guarantees are provided. Author: Awatif Al Khouri

The UAE has developed a modern legal and regulatory framework that has strengthened its position as a leading centre for commercial dispute resolution. For a growing international business hub, a clear and reliable dispute resolution system is essential for economic growth, foreign investment, and business confidence. In the past, commercial disputes in the region were mainly handled through general civil litigation procedures, which could be difficult for international parties to navigate. Over time, the UAE introduced important legal reforms, updated arbitration laws, restructured key institutions, and adopted international enforcement standards. These changes have improved the arbitration system in both onshore UAE courts and offshore areas like the Dubai International Financial Centre. Party autonomy, limited court intervention and clearer procedures for recognition and enforcement of arbitral awards support arbitration in the UAE. The article covers the major legal developments affecting arbitration in Dubai, including the Federal Law No. 6 of 2018 and its amendments, the DIFC’s common law framework, Dubai Decree No. 34 of 2021, and the procedures for enforcing domestic and foreign arbitral awards. The Onshore Legislative Framework: Federal Law No. 6 of 2018 The main law governing onshore arbitration in the UAE is Federal Law No. 6 of 2018 on Arbitration. It came into force in June 2018 and replaced the earlier arbitration provisions under the former Civil Procedures Law. The law is based on the UNCITRAL Model Law and gives parties greater flexibility in conducting arbitration. Article 2 states that this law applies to arbitrations based in the UAE, unless the parties choose another arbitration law that does not go against UAE public order or morals. It may also apply to international commercial arbitrations outside the UAE upon the agreement of the parties. The Federal Arbitration Law also recognises the separability of an arbitration agreement under Article 6. This means that an arbitration clause is treated as separate from the main contract. Therefore, even if the main contract is cancelled, terminated, or found invalid, the arbitration clause may still remain valid if it is valid on its own. Article 19 additionally empowers the arbitral tribunal to determine its own jurisdiction, including addressing objections concerning the existence or validity of the arbitration agreement. A party may challenge such a decision before the Court of Appeal within the prescribed period, but this does not automatically stop the arbitration proceedings. Article 7 states that an arbitration agreement shall be in writing. It can be satisfied by a signed document, a written communication, an electronic communication, or a reference in a contract to a document containing an arbitration clause. Article 4 of the Federal Arbitration Law sets an important requirement on capacity and authority. An arbitration agreement can only be entered into by a person who has legal capacity, or by an authorised representative of a company or other legal entity. If this authority is missing, the arbitration agreement may be treated as null and void. For companies, it is therefore important to ensure that the person signing the contract has clear authority to agree to arbitration. This is usually shown through the company’s constitutional documents, a board resolution, or a power of attorney giving specific authority to enter into an arbitration agreement. Under the Federal Arbitration Law, Article 21, an arbitral tribunal may issue an order for interim or precautionary measures when such measures are required. They may include preserving evidence, protecting assets, maintaining the status quo between the parties or preventing imminent harm in the course of arbitration. Such interim orders can also be enforced before the court by a party, if the legal requirements are fulfilled. Article 41 sets out the form and content of an arbitral award. The award must be in writing, signed by the arbitrator or majority of arbitrators, and should include the parties’ details, the arbitration agreement, a summary of the claims, the operative part of the award, and the reasons where required. The law also recognises modern signing methods, including electronic signing, unless the parties agree otherwise. The Offshore Dimension: DIFC Common Law Framework and Jurisdictional Bifurcation The UAE’s position as an arbitration hub is strengthened by its dual legal system, which includes both onshore civil law courts and offshore common law jurisdictions. One of the offshore seats is the Dubai International Financial Centre (DIFC). Arbitration seated in DIFC shall be governed by the DIFC Arbitration Law, DIFC Law No. 1 of 2008. DIFC has a common law regime in English, which is familiar to many international businesses. Its arbitration law is also based on the UNCITRAL Model Law, so it is a feasible choice for cross-border commercial disputes. Article 12 of the DIFC Arbitration Law takes a flexible approach to arbitration agreements. This requirement can be satisfied if the agreement is recorded in any form, including through electronic communications. An arbitration agreement can also be recognised if, during the exchange of statements of claim and defence, one party mentions the agreement and the other does not dispute it. A contract may also validly contain an arbitration clause by clear reference to another document containing an arbitration clause. The DIFC arbitration framework experienced a major shift with the DIFC Law and its amendments, which clarified the power of the DIFC Courts to stay court proceedings in the presence of a valid arbitration agreement. This amendment allows the DIFC Courts to stay proceedings even if the arbitration is seated outside the DIFC, is seated in another country, or the seat is unspecified. This is to support the recognition of arbitration agreements and brings the DIFC framework in line with the UAE’s obligations under the New York Convention. Institutional Restructuring: Decree No. 34 of 2021 and the Unified Dubai International Arbitration Centre Dubai Decree No. 34 of 2021 further simplified the arbitration framework in Dubai. Dubai International Financial Centre Arbitration Institution and the Emirates Maritime Arbitration Centre were abolished by the decree, and the Dubai International Arbitration Centre (DIAC) was restructured to become the leading arbitration centre in Dubai. The reform aims to unite all the arbitration services in Dubai under one roof and to develop a more integrated system to deal with arbitration disputes in the emirate. It also provided for DIAC to have its headquarters in onshore Dubai and a branch in the DIFC. Article 6 protected existing arbitration agreements. Any agreement referring disputes to the abolished centres remained valid, with DIAC taking over the administration of those disputes unless the parties agreed otherwise. Ongoing cases were also allowed to continue without interruption under the applicable rules and procedures. The DIAC Arbitration Rules 2022 also reflect the integration of Dubai’s onshore and offshore arbitration framework. Where the parties have not agreed on the seat of arbitration, the initial seat shall be DIFC under Article 20.1. The arbitral tribunal may later decide otherwise, having regard to the views of the parties and the circumstances of the case. This is important because the place of arbitration decides the procedural law and the court that has jurisdiction over the arbitration. Where the seat is the DIFC, the DIFC Arbitration Law and the DIFC Courts will generally have supervisory jurisdiction. In contrast, if the parties explicitly choose onshore Dubai as the seat, the curial supervision of the arbitration is with the onshore civil courts under the Federal Arbitration Law. The DIAC Arbitration Rules 2022 introduced several measures to make arbitration proceedings faster, clearer, and more efficient. The rules provide for the DIAC Arbitration Court to supervise important administrative matters, including the appointment of tribunals and the review of draft awards before they are issued. Article 13 also introduced an alternative appointment process, allowing parties to take part in the selection of sole arbitrators or chairpersons through a shortlisting and ranking system. The rules further require party representatives to show proper authority, which helps avoid later disputes about whether a person was authorised to act in the arbitration. Article 32 also provides for accelerated proceedings in appropriate cases, such as claims of lesser value, cases agreed by the parties, or cases of exceptional urgency. In addition, the rules also cover other issues such as legal costs, third-party funding, joinder of parties and consolidation of related arbitrations, making the framework more practical for modern commercial disputes. The Enforcement Paradigm: Onshore and Offshore Frameworks The effectiveness of any arbitration framework largely depends on the speed and dependability of enforcement of arbitral awards. A valid arbitral award shall have the same binding force as a judgment of a court in the UAE onshore system, pursuant to Article 52 of the Federal Law No. 6 of 2018 on Arbitration. A party seeking enforcement shall apply to the competent Court of Appeal under Article 55 and shall submit the award, the arbitration agreement and Arabic translations where required.  The court shall issue the order of recognition and enforcement within 60 days unless it is established that the order is subject to nullity under Article 53. Article 53 limits the grounds on which enforcement or annulment of an award may be refused. Most of these grounds are procedural or jurisdictional, including the invalidity of the arbitration agreement, the incapacity of the parties, the lack of proper notice or the exceeding of authority by the tribunal. The court may also refuse to enforce the award if the dispute is not arbitrable or if the award is against the public policy or morals of the UAE. It is important to note that the filing of an annulment action does not necessarily imply a stay of enforcement. According to Article 56, the application for a stay shall be made in an express manner, and the Court shall decide on the application within the time-limit fixed. In DIFC, enforcement is regulated by Articles 42 and 43 of the DIFC Arbitration Law.  The scope of Article 44 is broad and reflects the UNCITRAL Model Law and the New York Convention, providing narrow grounds on which the DIFC Courts may refuse to recognise and enforce awards based on a written application. In 2006, the UAE became a signatory to the 1958 New York Convention, the main instrument for enforcing foreign arbitral awards. Where the Convention or another treaty is not applicable, enforcement may be carried out pursuant to Federal Decree-Law No. 42 of 2022 on Civil Procedures. Article 222 deals with the procedure for enforcement of foreign judgments and orders. Under Article 223, the relevant enforcement framework is applicable to foreign arbitral awards, provided the award is arbitrable under the laws of the UAE and is enforceable in the country of issuance. Conclusion The UAE arbitration framework is a clear indication of the direction of movement towards modern, efficient and internationally aligned dispute resolution. The UAE has combined onshore court support, offshore common law structures, institutional reform and reliable enforcement mechanisms to create a strong platform for the resolution of complex commercial disputes. Arbitration is likely to be an even more important means of safeguarding commercial certainty and investor confidence with cross-border trade, investment, technology and regional business activity on the rise. The ongoing development of arbitration in the UAE reflects a proactive stance, establishing the country not only as a regional dispute resolution centre but also as an increasingly significant international arbitration hub. Author: Awatif Al Khouri

Unpaid invoices can have a serious effect on a business. Late payments can disrupt the cash flow of suppliers, service providers, contractors, landlords and trading companies, put pressure on staff and vendors, and make it difficult to continue operating smoothly. Debt recovery in the UAE is more than just sending reminders. It’s about the right legal step at the right time with the right documents. A Dubai debt recovery lawyer can help companies to establish whether the matter can be resolved through negotiation, a payment order, a civil or commercial case or enforcement proceedings. The right course of action will depend on the type of debt, the documentation you have, and the debtor’s financial ability. Understanding Business Debt in the UAE Business debt may arise from unpaid invoices, bounced cheques, loan agreements, supply contracts, service agreements, rent, construction payments or commercial credit facilities. In most cases, it is for the creditor to prove the debt is valid, due and unpaid. This is why documentation is very important. Before starting any recovery action, a business should collect the contract, purchase orders, invoices, delivery notes, emails, WhatsApp messages, account statements, bounced cheque records, and any written admission by the debtor. In the UAE, commercial debts are typically dealt with by the legal system through civil or commercial court proceedings. The Commercial Transactions Law also recognises the commercial obligations and the corresponding payment obligations between traders and companies. Step 1: Review the Documents First, determine whether the debt is clearly established. A simple unpaid invoice may not always be enough when the debtor objects to the goods, services, quantity, quality or delivery. A creditor should review: Whether there is a signed contract or purchase order Whether invoices were issued correctly Whether delivery or completion is acknowledged Whether payment terms are clear Whether the debtor has admitted the outstanding amount Whether there is any dispute about performance Whether the claim is within the limitation period This review helps decide whether the matter is suitable for a faster payment order route or whether it should proceed as a normal court claim. Step Two: Legal Notice and Settlement Attempt Usually, a formal legal notice is served prior to filing a case. The notice will normally state the debt, refer to the documentation upon which the claim is based, demand payment within a certain time frame, and warn that failure to pay may result in legal action. A legal notice can also sometimes result in settlement, especially if the debtor wants to avoid court proceedings, enforcement or damage to commercial relationships. It also demonstrates that the creditor has acted reasonably before approaching the court. However, legal notices should be drafted carefully. The wording should be firm but not defamatory, threatening, or excessive. The purpose is to demand payment and preserve the creditor’s rights. Payment Order Route One of the useful legal options for debt recovery in the UAE is the payment order procedure under the Civil Procedure Law. This route may be available where the creditor has written proof of a fixed and due amount, such as a commercial paper, written acknowledgement, invoice supported by documents, or other clear evidence. The advantage of this route is that it can be faster than a full civil case, provided the documents are strong and the debt is not highly disputed. If the court accepts the application, an order may be issued against the debtor. Filing a Civil or Commercial Case If the debt is in dispute or the documents require detailed examination, the creditor may file a civil or commercial claim before the competent court in the UAE. The court will take into account the pleadings and documents and any defence raised by the debtor. In some cases the court might appoint an expert, especially when the dispute relates to accounts, construction works, quantities supplied, contractual performance or technical matters. The expert can examine invoices, ledgers, correspondence and payment records before preparing a report for the court. The court will then issue a judgment based on the documents, expert report, and legal arguments. Interest and Compensation In commercial debt matters, creditors may claim interest or compensation where permitted by law, contract, or court practice. The UAE Commercial Transactions Law recognises that delay in payment of commercial debts may attract consequences, unless the law or agreement provides otherwise. That said, interest and remuneration should be sought judiciously. The Court shall take into consideration the terms of the contract, the nature of the transaction, the amount due and the applicable principles of law. Businesses should not assume that interest will be paid in full just because a payment is late. Enforcement After Judgment Winning the case is not the last step. If the debtor is still unwilling to pay, the creditor has to enforce the judgment. Enforcement could include, where legally available, attachment of bank accounts, attachment of movable assets, restriction on travel, inquiry into assets and other execution measures allowed by law. The enforcement stage is often the most important part of debt recovery. A creditor should act quickly once judgment becomes enforceable, especially where there is a risk that the debtor may move funds or dispose of assets. Bounced Cheques and Debt Recovery Bounced cheques are still common in commercial transactions. In the UAE, the legal treatment of bounced cheques has changed over time, and not every bounced cheque matter is handled in the same way. Depending on the circumstances, the creditor may have civil enforcement options, payment order options, or other legal remedies. A cheque can be good evidence of debt, but the creditor still has to take the correct legal route. Businesses should not rely solely on the cheque. They should also keep the underlying contract, invoices and correspondence. Insolvency and Bankruptcy Options Where the debtor company is in financial difficulties, normal debt recovery may not be sufficient. UAE Bankruptcy Law provides a financial restructuring and bankruptcy framework. This may be relevant when the debtor is unable to pay several creditors or is in serious financial difficulties. Bankruptcy proceedings may be an option for creditors when the debt is of a legal nature and normal recovery steps are not effective. However, this is a serious route and should be considered carefully, as it could impact timelines, recovery prospects and the debtor’s broader financial position. Why Businesses Should Act Early Many companies wait to take legal action, hoping the debtor will eventually pay. Settlement should always be explored, but long delays can undermine the creditor’s position. Documents are lost, witnesses become unavailable, the debtor becomes insolvent, and assets vanish. Early legal review helps a business choose the right strategy. It may also prevent unnecessary court costs if the matter can be settled through structured negotiation. Mrs Awatif Al Khouri’s involvement in debt recovery matters reflects the importance of clear preparation, careful document review, and practical legal direction. For businesses, this type of approach can make the recovery process more structured and less stressful, especially when the debt involves cross-border parties, commercial pressure, or urgent enforcement concerns. Practical Tips for Creditors Where possible, businesses should use written contracts, issue invoices on time, confirm delivery or completion in writing, avoid purely verbal arrangements for payment and follow up on overdue payments quickly. This is also helped by keeping a clear statement of account and getting written acknowledgement of outstanding dues from the debtor. If the debtor asks for more time, the payment arrangement should be put in writing. If post-dated cheques are accepted, a clear agreement should be in place stating the reason for the payment. Conclusion In the UAE, debt recovery is not about sending constant reminders. The creditor needs to know how strong the documents are, the proper legal route and the practical chances of enforcement. Depending on the circumstances, these can include settlement, legal notice, a payment order, civil or commercial proceedings, enforcement or insolvency-related steps. Timing can make all the difference for businesses, suppliers and creditors. A debt recovery lawyer in Dubai can help you assess the documents, find the right court process and pursue recovery in a systematic way. Mrs Awatif Al Khouri’s involvement in such matters adds value where businesses require practical guidance, careful legal assessment and a clear recovery strategy from the outset. Author: Awatif Al Khouri

Property transactions are subject to federal civil laws on contracts, liability, breach, cancellation and compensation, and Dubai-specific property laws on registration, developer obligations, escrow, off-plan sales and investor protection. However, the legal framework has been transformed by the implementation of the new Civil Transactions Law, Federal Decree-Law No. 25 of 2025, which is in force from 1 June 2026. It repeals and replaces Federal Law No. 5 of 1985 and reinforces the principles of accountability, transparency and predictability in civil and commercial dealings. For buyers who experience delays, defects or cancellations on a project, it is important to understand these remedies and seek advice from a real estate dispute lawyer in Dubai to help safeguard your options for recovery and enforce your legal rights. Legal Capacity and Choice of Law under the Civil Code Clear rules on legal capacity and applicable law are also important for investor protection. As per Article 84 of the Federal Decree Law No 25 of 2025, Persons who have attained the age of eighteen Gregorian years and are of sound mind shall acquire the capacity to have rights and to assume obligations. This means young adult investors can legally enter into binding property deals on their own. The new law also clarifies conflict-of-laws rules. Article 19 allows parties to choose the governing law for contractual obligations, while real estate contracts remain governed by the law of the place where the property is located. Where no law is chosen, Article 19 applies the law of the country where the parties have a common domicile; if their domiciles differ, the law of the country where the main obligation of the contract is performed will apply, unless the circumstances show that another law was intended. Article 20 further provides that non-contractual obligations are generally governed by the law of the country where the event giving rise to the obligation occurred, subject to the statutory exception stated in the article. Pre-Contractual Responsibilities In real estate transactions, buyers often rely on project representations, disclosures and financial information prior to making a purchase. Articles 121 to 123 of Federal Decree-Law No. 25 of 2025 strengthen this pre-contractual stage by dealing with good faith in negotiations, disclosure obligations and confidentiality. Article 121 requires pre-contractual negotiations, their conduct, and termination to be carried out in good faith. However, negotiations do not oblige either party to conclude the contract. A party may withdraw from negotiations, provided this is not done in bad faith. Bad-faith negotiations or termination may give rise to liability for actual damage suffered, but not expected profits or lost opportunities unless otherwise agreed. It also treats the deliberate omission of a material statement affecting the validity of the contract as bad faith. In real estate transactions, this may include undisclosed information relating to the project, property condition, approvals, defects, delays, or ownership. Article 122 requires disclosure of information that is decisive to the other party’s consent where that party is presumed unaware of it or has relied on the contracting party. This obligation cannot be excluded by agreement. Concealment of such information may entitle the affected party to seek annulment of the contract. Article 123 protects confidential information acquired in the course of the negotiations or the performance of the contract. Use or disclosure without authorisation may give rise to liability. Taken together, these provisions offer greater protection against bad-faith negotiations, non-disclosure and misuse of confidential information in real estate transactions. Contractual Performance, Hardship, and Liquidated Damages The new Civil Transactions Law preserves the binding force of contracts while recognising that certain events may affect performance. Article 138 allows parties to enter into framework agreements that set essential terms for future contracts, which can be useful in long-term real estate and investment arrangements. The law also makes a distinction between hardship and force majeure: Article 224 states that if the performance has become excessively difficult as a result of events that were exceptional, general and unforeseeable but the performance is still possible, the court may reduce the obligation to a reasonable level or cancel the contract. Any agreement to the contrary is null and void. By contrast, Article 236 applies where the performance becomes objectively impossible for reasons outside the control of the debtor, in which case the obligation may be extinguished and the contract dissolved. This distinction is relevant for real estate investors because generally increased costs, delays, or commercial difficulties do not amount to force majeure unless performance is impossible, but unforeseen public events that make performance excessively burdensome may in some cases justify judicial intervention under Article 224. Article 340 of the Civil Transactions Law governs liquidated damages. Parties may agree in advance on compensation for breach, but the court may reduce it if the debtor proves it is excessive or the obligation was partly performed. The court may also reduce or deny compensation if the creditor contributed to or aggravated the harm. Compensation above the agreed amount is allowed only where the creditor proves fraud or gross fault by the debtor. Any agreement excluding these rules is void. Article 836 of the Civil Code states that the employer can terminate the contract before its completion. The contractor is compensated for the expenses incurred, the work performed, and the profit lost. The court may reduce compensation for lost profit to such extent as fairness so requires, having regard to any savings or alternative earnings. Completed Properties and Hidden Defect Claims For purchasers of finished flats, the condition and quality of the unit remain important after handover. Article 495 of the Civil Transactions Law provides that if there is a latent defect in the property sold, the purchaser may return it or keep it and demand a reduction of price in proportion to the defect. The seller can avoid this by giving, if applicable, a defect-free equivalent. Article 497 sets out cases where the seller will not be liable for a defect, including where the defect was disclosed at the time of sale, where the buyer knew of or accepted the defect, where the defect is customarily tolerated, or where liability was validly excluded. However, the seller cannot rely on an exclusion where the defect was deliberately concealed by fraud or where the buyer was prevented from discovering it. Article 510 provides that defect warranty claims will not be heard after one year from the day following delivery, unless the seller agreed to a longer warranty period. The seller cannot rely on this time limit if the defect was fraudulently concealed. Dubai Specialised Off-Plan Protections and Buyer Default In Dubai, off-plan real estate transactions are regulated by Law No. 13 of 2008 on the Interim Real-Estate Register in the Emirate of Dubai, as amended. Article 3 requires all dispositions relating to off-plan units to be recorded in the Interim Real Estate Register, failing which the transaction is void and unenforceable. Article 11, as amended by Law No. 19 of 2020, lays down a mandatory procedure which developers must follow when a purchaser breaches an off-plan sale agreement. The developer has to notify the Dubai Land Department (DLD) of the purchaser's default. The DLD will then verify the breach and inform the purchaser in writing. It will allow a 30-day period to meet the contractual obligations and, where possible, facilitate an amicable settlement between the parties. Where the purchaser fails to remedy the breach within the period, the DLD may issue a document confirming that the developer has followed the statutory process and indicating the percentage of completion of the project. The developer may avail of the remedies available under Article 11 on the basis of that document. The buyer retains the right to institute legal or arbitral remedies. Article 11 of Law No. 13 of 2008 (as amended by Law No. 19 of 2020) stipulates remedies for purchaser default, depending on the stage of project completion. If the completion is over 80%, the developer can perform the contract, seek an auction of the unit or terminate and keep up to 40% of the unit value. If completion is between 60% and 80%, the developer may terminate and retain up to 40% of the unit value. Where the developer has commenced work and completion is below 60%, the developer may terminate and retain up to 25% of the unit value. Excess amounts must be refunded. If work has not commenced due to reasons beyond the developer’s control,  and without negligence or omission on its part, or if the project is cancelled pursuant to a final reasoned decision of RERA, purchaser payments must be refunded. Article 13 of Dubai Executive Council Decision No. 6/2010 on the Approval of the Executive Regulation of Dubai Law No 13/2008 requires compensation where net area decreases by more than 5%. Tribunals and Amicable Settlement Pathways Where a Dubai real estate project is cancelled by a final reasoned decision of RERA, disputes relating to that project may fall within the jurisdiction of the Special Tribunal established under Decree No. 33 of 2020 on the Judicial Committee for Unfinished and Cancelled Real Estate Projects in the Emirate of Dubai. The Tribunal has the power to liquidate cancelled projects, determine and settle rights of investors and purchasers and to dispose of disputes arising from incomplete or cancelled developments. Law No. 8 of 2007 on Guarantee Accounts is still relevant because payments for off-plan units are generally deposited into project escrow accounts. But the recovery by purchasers is not guaranteed automatically in full, but depends on the particular liquidation process, statutory provisions and the available funds. Dubai has friendly ways of settling disputes before you go to court. The Centre for Amicable Settlement of Disputes was originally established under Law No. 16 of 2009 and now operates within Dubai’s updated conciliation framework under Law No. 18 of 2021, as amended by Law No. 9 of 2025. Under Article 1(3) of Dubai Decision No. 4 of 2025, the Centre has jurisdiction to hear disputes with a claim value not exceeding AED 500,000, save for certain disputes involving regulated financial institutions. It also responds to claims for division of common property, except inheritance-related ones. Settlements made via the Centre are registered, authorised and granted executory force, which means that they are enforceable according to the applicable enforcement procedures. Conclusion Real estate investor disputes in Dubai must be carefully considered in light of both federal civil law remedies and Dubai-specific property rules. The new Civil Transactions Law enhanced certain areas important to property buyers, such as legal capacity, pre-contractual disclosure, good faith negotiations, hardship, liquidated damages and defect claims. Dubai’s real estate laws offer specific protections for off-plan buyers, default procedures, cancelled projects, escrow accounts and area discrepancies at the same time. For investors, the key issue is not only identifying a breach but also choosing the correct legal route. A delay, defect, cancelled project, payment dispute, or misrepresentation claim may fall under different procedures depending on the facts, the stage of the project, the contract terms, and the authority involved. Early legal review can help preserve evidence, assess recovery options, and avoid procedural mistakes. Author: Awatif Al Khouri