Awatif Mohammad Shoqi Advocates & Legal Consultancy

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

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

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  

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  

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  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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