Awatif Mohammad Shoqi Advocates & Legal Consultancy

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

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

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

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

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

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

Affordable and safe public transport is an important requirement for the smooth functioning of daily life in any country.

The Emirate of Dubai has recently passed new amendments to the existing “Dubai Law No. 4/2018 on the Establishment of the Financial Audit Authority” (“LAW”).

In the UAE, non-citizens constitute approximately 70% of the country’s population. This is made up of residents and tourists present in the country.

In the current world, where trade ties are vital in strengthening the economy of a country, it is often necessary to enter into legal contracts with various entities around the world.

Until recently, the UAE courts only allowed registration of islamic marriages. However, newly added legal provisions now allow non-Muslim couple to register marriages in the UAE courts.

In the light of reports received by the Abu Dhabi Public Prosecution regarding a lack of commitment and discipline in the performance of State dictated punitive community service,

In the UAE, custody of children following the divorce of Muslim parents is governed by Federal Law No. 28/2005 on Personal Status Law.

The UAE laws regarding crime against people, and particularly when such crimes are committed online are strict and aim to protect people from activities that could potentially harm the victim’s reputation.

Introduction: For expatriates living in the UAE, divorce might be a complicated process and deal with emotions.

Introduction: In this fast-growing digital world, many people depend on and use virtual private networks (VPNs) to protect online privacy and safety.

Introduction: The UAE's vibrant property market attracts both residents and foreign investors.

Introduction: The UAE recently introduced a significant reform in its judicial system, with the Ministry of Justice (MoJ) announcing that travel bans are automatically lifted once legal cases are resolved.

Introduction: Wadeema’s Law, officially known as Federal Law No. 3 of 2016 Concerning Child Rights, stands as a cornerstone of child protection in the UAE.

Introduction: The extradition process plays a significant role in international criminal law, allowing countries to cooperate in bringing absconders to justice. 

Introduction: In June 2024, the UAE introduced Cabinet Decision No. 43/2024, establishing a comprehensive framework for handling non-resident foreigners caught in possession of narcotic drugs or psychotropic substances while entering the country through its land, sea, or airports.

Introduction: When investing in off-plan properties, especially in jointly owned properties in Dubai,

Introduction: Intentional signature forgery, particularly concerning cheques, is a serious offence under UAE law.

Introduction: In Dubai's rapidly growing real estate market, off-plan property purchases have become a popular investment option .

Introduction: The UAE has taken significant steps to regulate the consumption of tobacco and tobacco-related products, including electronic nicotine devices like vapes, through its anti-smoking laws.

Introduction: With the rise of digital platforms, consumers have the power to voice their opinions more freely than ever before.

Introduction: In a significant regulatory development, the UAE has established the General Commercial Gaming Regulatory Authority (GCGRA).

Introduction: Travelling to the UAE requires awareness of specific customs rules and regulations regarding cash, jewellery, and alcohol to ensure a smooth travel experience.

Introduction: Investing in off-plan properties in Dubai is a highly attractive opportunity, particularly because of the chance to buy at the lowest prices and benefit from favourable payment plans.

Introduction: In the UAE, car insurance offers significant financial protection in the event of accidents or damages.

Introduction: In the context of domestic abuse, particularly where children are involved, mothers in the UAE have robust legal avenues to protect themselves and their children.

Introduction: The introduction of the Small Business Relief under Article 21 of the UAE Corporate Tax Law (Federal Decree-Law No. 47 of 2022) aims to support small businesses by exempting them from corporate tax obligations,

Introduction: The UAE has established a comprehensive legal framework under Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism.

Introduction: Effective August 27, 2024, new telemarketing regulations in the UAE will come into effect under Cabinet Decision No. 56/2024.

Introduction: The UAE has reinforced its commitment to combating financial crime with significant updates to its anti-money laundering (AML) legislation.

Witnesses' appearance in court is mandatory when summoned. The law requires that witnesses be summoned at least 24 hours before the hearing, though they may appear without prior notice if requested by the plaintiffs.

Understanding your rights during criminal proceedings is essential if you are accused in a criminal case.

According to the Criminal Procedure Law, Article 108 outlines the conditions for the temporary release of a person detained under remand.

According to Article 65 of the Criminal Procedure Code, the Public Prosecution is responsible for initiating investigations in felony cases and may also conduct investigations in misdemeanour cases when deemed necessary.

In the UAE, the arrest of individuals in criminal cases is governed by Federal Decree-Law No. 38/2022 on the Issuance of the Criminal Procedure Law.

Introduction: Navigating divorce in the UAE as an expatriate can be complex, particularly given the distinct legal frameworks that apply to non-Muslims.

Introduction: In the UAE, non-Muslims have the legal right to create and execute wills under a framework that respects their Civil Personal Status laws.

Introduction: A Will is a crucial legal document specifying how an individual’s assets and property should be distributed upon their death.

Introduction: Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims.

Introduction: In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on Civil Personal Status Law.

Introduction: Graduation marks an exciting milestone for students in the UAE, opening doors to numerous opportunities.

Introduction: In the UAE, employment relations are governed by Federal Decree-Law No. 33/2021 and its implementing regulations.

Introduction: In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code.

Introduction: In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of child custody.

Introduction: When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects.However, issues may arise where defects remain unresolved despite contractual obligations. In such cases, understanding the legal framework under Dubai Law No. 13/2008 on the Interim Real Estate Register in the Emirate of Dubai, and Federal Law No. 5/1985 on the Civil Transactions Law of the UAE, becomes crucial.

Introduction: Owning exotic animals can be tempting for some residents or citizens in the UAE, drawn by the fascination of unique and rare species.

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

Introduction: The Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances provides the legal framework for the control of narcotics and psychotropic substances in the UAE.

Introduction: In recent years, Dubai has established robust legal frameworks to accommodate the diverse population of non-Muslim residents in matters of inheritance and estate planning.

Introduction: In 2021, Abu Dhabi introduced a landmark legal reform with the issuance of Law No. 14 of 2021, which introduced the concept of civil marriage in the UAE.

Introduction: The UAE has taken a significant step forward in regulating space activities with Cabinet Decision No. 20/2023 on the Regulation for Ensuring Compensation of the Damage Caused to Third Parties While Practising Space Activities and Other Activities Related to the Space Sector.

Introduction: Data protection is paramount for preserving individual privacy and ensuring the responsible handling of personal information. In the UAE,

Introduction: The off-plan property market in Dubai has been a magnet for investors, promising profitable returns and a vibrant real estate landscape.

Introduction: In recent years, the UAE has continuously updated its legal framework to enhance regulatory oversight and adapt to global financial trends.

Introduction: The UAE has introduced a new maritime law, Federal Decree-Law No. 43 of 2023, which will take effect at the end of March 2024.

Introduction: Double taxation arises when the same income is taxed in two different jurisdictions, potentially leading to excessive tax burdens for individuals and businesses.

Introduction: The Ministry of Economy in the UAE has recently introduced a comprehensive list of violations under Cabinet Decision No. 66/2023 concerning the Executive Regulation of Federal Law No. 15/2020 on Consumer Protection.

Introduction: In the UAE, the protection of property and animals is enforced through Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law.

Introduction: The UAE has established comprehensive regulations to determine tax residency for individuals and businesses operating within its borders.

Introduction: Investment is a cornerstone of corporate governance under Federal Decree-Law No. 32/2021 on Commercial Companies Law (Companies Law),

Introduction: The UAE has enacted Federal Decree-Law No. 38/2023, amending Federal Law No. 39/2006 on Mutual Judicial Cooperation in Criminal Matters.

Introduction: In a significant legislative move, the UAE has enacted Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism aimed at addressing discrimination, hatred, and extremism.

Introduction: The UAE is rapidly growing into a digital economy, making e-commerce an essential component of its economic framework.

Introduction: In recent years, the global economy has witnessed the popularity and adoption of cryptocurrencies, with Dubai emerging as a notable player in this digital financial landscape.

Introduction: In accordance with Federal Law No. 21/1995 concerning Traffic, specific procedures are outlined for drivers involved in traffic accidents within the UAE.

Introduction: The UAE's Federal Decree-Law No. 47/2022 introduces significant changes to corporate and business taxation, effective from June 1, 2023.

Introduction: In the UAE, adherence to traffic laws is essential to ensure road safety and orderly conduct.

Introduction: The UAE has been at the forefront of adopting technological advancements, especially in finance.

Introduction: Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law.

Introduction: In the realm of international commerce and dispute resolution, arbitration has become an increasingly preferred method for resolving disputes.

Introduction: Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses (Corporate Tax Law) was implemented on 3 October 2022.

Introduction: In Dubai's dynamic real estate market, tenants often contend with questions regarding regulations, contracts, and financial responsibilities.

In the UAE, the process for lawfully removing a manager from a company is governed by Federal Decree-Law No. 32/2021 on Commercial Companies.

Introduction: In the UAE, corporate taxation is governed by Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses,

Introduction: In Dubai, where a significant portion of the population comprises expatriate workers, sponsorship and health insurance for dependents are crucial considerations, especially for working couples.

Introduction: In accordance with Federal Decree-Law No. 13/2022, which establishes the Unemployment Insurance Scheme (UIS) in the UAE,

Introduction: In Dubai, the majority of residents living in rented apartments often face issues with their living spaces disrupted by malfunctions caused by building flaws.

Introduction: In the dynamic real estate landscape of Dubai, buying off-plan properties in Dubai can be a common investment strategy.

Introduction: In commercial transactions, the process of recovering debts owed by companies may sometimes necessitate legal intervention.

Forgery of academic degrees is a serious offence in the UAE, with severe consequences for individuals and employers.

Introduction: In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences.

Introduction: The UAE has recently strengthened its stance against cybercrimes with the introduction of Federal Decree-Law No. 34/2021, focusing on combating rumours and cyber offences.

Introduction: Air travel has become an indispensable part of modern-day life, offering convenience and efficiency for millions of passengers worldwide.

Introduction: Marriage, as a sacred union between two individuals, carries varied legal implications worldwide. With the UAE attracting a diverse expatriate population, many couples consider marrying in this vibrant nation.

Introduction: The UAE has recently implemented significant legal reforms regarding abortion, reproductive rights, and medical ethics, with the law of Federal Decree-Law No. 4/2016 on Medical Liability and its amendment with Federal Decree-Law No. 18/2023.

Introduction: The Federal Decree-Law No. 14/2018 on the Central Bank and the Organisation of Financial Institutions and Activities, along with its recent amendments outlined in Federal Decree-Law No. 54/2023,

Introduction: With the rapid advancement of technology and the increasing digitalization of financial transactions, the threat of bank fraud has become a significant concern globally,

Introduction: In a significant development aligning with Federal Decree-Law No.20/2018 on Combating Money Laundering Crimes, the Financing of Terrorism, and the Financing of Unlawful Organizations,

In recent years, the UAE has taken significant steps to enhance transparency and combat financial crimes within its business landscape.

Introduction: In a significant step aimed at strengthening the safety and transparency of government procurement processes, the UAE has implemented extensive legislative changes through Federal Law No. 11/2023 Concerning Procurement in the Federal Government.

Introduction: In recent years, the world has witnessed rapid growth in the popularity and adoption of virtual assets, including cryptocurrencies, non-fungible tokens (NFTs), and various other digital assets.

Introduction: The UAE has implemented measures to combat money laundering, terrorism financing, and the financing of unlawful organizations, with Federal Decree-Law No. 20/2018 serving as a pivotal legislation in this regard.

In a significant update to the regulation of labour relations, the Ministry of Human Resources and Emiratisation (MOHRE) has been authorized to make decisions in individual labour disputes.

Introduction: UAE introduces Federal Decree-Law No. 42/2023 to Combat Commercial Fraud, repealing Federal Law No. 19/2016, and emphasizing a comprehensive legal framework.

Introduction: In the age of the internet, where communication and interaction occur digitally, the frequency of online threats and cybercrimes has become a growing concern for governments worldwide.

Introduction: Extradition is a legal process through which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country.

Introduction: Part-time employment is becoming increasingly common in the modern workforce, offering flexibility for both employers and workers.

During the economic uncertainties and global challenges, questions surrounding the rights and obligations of employers and employees have become increasingly pertinent.

Introduction: The UAE has recently introduced a significant regulatory framework with the issuance of Federal Decree-Law No. 55/2023, focusing on the regulation of media activities in the country.

Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. 4/2012) in the UAE.

Maternity leave is an important aspect of employment, playing a crucial role in ensuring the well-being of female workers during and after pregnancy.

Introduction: The Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses (Corporate Tax Law),

Introduction: Medical negligence stands as a critical aspect of healthcare law in the UAE, significantly impacting both patients and healthcare practitioners.

In a world where remote work has become increasingly common, the UAE has taken a transformative step by introducing the one-year Remote Work Visa.

Introduction: The UAE has embarked on a significant initiative to ensure equitable treatment for Domestic Workers through the implementation of Federal Decree-Law No. 9/2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022,

“Hit-and-run”, as the name suggests, is used to refer to those cases of motor vehicle accidents where, after causing the accident, the offender abandons the scene without informing the relevant authorities or taking the appropriate measures. A hit-and-run accident is considered to be much graver because generally the person causing the accident is required to pay for the damages that he may have caused, whether to a person or property, whereas in a hit-and-run, the person may just drive away due to fear of getting caught.

As part of a new Ministerial Resolution, No. 663 of 2022, the UAE government has issued certain rules to regulate job postings in the country. The Resolution strictly warns those who post job offers which are misleading or which do not exist at all. Following Article 2 of the Resolution, establishments are prohibited from the following, when posting jobs for the purpose of Emiratisation:

Misuse of the internet is severely punished, with crimes such as hacking, breaching private or government data, spreading rumors or fake news, tampering with data of certain authorities, defaming individuals or religious beliefs being heavily penalized.

Tenancy laws in the UAE are separate for each emirate but incorporate similar provisions. The following article attempts to outline the reasons for eviction of tenants from rented properties, with respect to the tenancy laws of Dubai.

Companies, or brands, that offer services to the general public, can often become the subject of negative reviews from their customers, if their service has not been up to the mark. This is absolutely common, and people who are involved in this area of work know how to deal with such reviews from their clients. However, there may be instances where a person has just gone up and above with the review and really damaged the reputation of your business, when most of what he wrote was not even true. How do you deal with such a situation?

Businesses looking for growth opportunities in the UAE often seek the help of commercial agents since these are local persons equipped with the relevant expertise of business operations and networking in the country. Therefore, as part of the continuous effort to increase international business in the UAE, the government has put forward a new law regulating the commercial agencies in the country.  The new Federal Commercial Agency Code has seemingly incorporated extensive reforms when compared to its predecessor.

Arson means the act of deliberately setting fire to property and thereby causing widespread damage, including danger to people and animals. Although the offence of arson typically involves buildings, it could include any property, such as motor vehicles, trees and plantation, workshops etc. Arson is considered to be a felony, meaning that it is a serious offence, and therefore the penalties that an arsonist, i.e. a person committing arson, may be subject to are harsh.

Custody and guardianship are perhaps two of the most discussed concepts in the UAE family law. The present laws governing family matters have defined the scope of both to a certain extent, and parents are awarded their rights over the children accordingly.

To practice the medical profession in the UAE, it is imperative to obtain a license by the designated Health Authority. Under Article 4 of Federal Law No. 5 of 2019 On the Regulation of the Practice of the Human Medicine Profession, no one can practice the profession of human medicine, including dentistry, unless they are licensed by the Health Authority.

Marital rights of a woman refer to those entitlements that a wife can have over her husband, as a result of their marriage. Some of these rights can be exercised during the married life, while some can be claimed only after the spouses proceed for divorce.

The term “intellectual property” signifies any creation of the human intellect. It comprises of ideas, inventions, designs and discoveries, that can be used to earn recognition and financial gains. The most common examples of intellectual property are copyrights, patents and trademarks, among others.

Dissolution, or liquidation, of a company, is the process through which the company and its operations are brought to an end.

Offences related to drugs in the UAE are governed by Federal Decree-Law No. 30 of 2021, On Narcotics and Psychotropic Substances, and are severely punished. The country has a zero-tolerance policy when it comes to the use or possession of drugs, which includes buying and selling of drugs unless done for medical or scientific purposes under supervision and regulations. Regardless, people, especially from foreign countries, tend to bring and use drugs in the UAE, unaware of the consequences. As a result, several people have faced fines and jail time, including deportation from the UAE, as punishments for being involved in drug-related cases.

Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.

As part of the legislative reforms initiated by the UAE government in the year 2023, several important laws have undergone an overhauling. As such, a new Civil Procedure Code has been enforced, namely, Federal Decree-Law No. 42 of 2022, Promulgating the Civil Procedures Law (“CPL”). It does not completely replace the provisions of the old one but has definitely introduced some changes that are noteworthy.

One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to:

February 1, 2023, marks the enforcement of a new personal law for non-Muslims in the UAE, namely, Federal Decree-Law No. 41 of 2022, on Civil Personal Status (Non-Muslim Personal Status Law). The federal law follows in the footsteps of Abu Dhabi’s Non-Muslim Personal Status Law which has proved to be efficient in dealing with personal matters of non-Muslim citizens and residents of Abu Dhabi. The federal personal status law seeks to cover the non-Muslim population of the entire country.

In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil and commercial disputes. UAE, being a business hub, actively promotes alternate dispute resolution methods because they are time-efficient and provide a win-win solution for the parties to the dispute.

The year of 2023 is going to witness a sweep of legislative reforms in the UAE. A significant number of laws are coming into force with the new year, which will strengthen the socio-economic and political structure of the UAE and keep it at pace with the rest of the world.

In the UAE, all commercial activity, including that of construction, is regulated by the UAE Commercial Transactions Law. However, since these activities are based on contracts, in practice, the Federal Law No. 5 of 1985, known as the UAE Civil Code or the UAE Civil Transactions Law also comes into play.

On September 2nd, 2022, the UAE government issued the Cabinet Decision No. 85 of 2022, determining tax residency in the country. It lays down rules which determine as to when a person, whether natural or legal, may be considered as a tax resident in the UAE. The rules have been framed in consonance with internationally recognized standards and are set to come in force from March 1, 2023.

Bail is a provisional release of an accused if he is not charged of a major crime. The provisions regarding bail in the UAE are governed by Federal Decree-Law No. 38 of 2022, Concerning the Criminal Procedural Law. It lays down the procedure to be followed regarding the crimes made punishable by Federal Law No. 31 of 2021, On the Issuance of the Crimes and Penalties Law.

The UAE is a global destination for millions of expats, who come from all walks of life, with varying cultures, religions, beliefs and way of life.

The literal meaning of swindling is to take money or property from someone fraudulently, especially on a large scale. The term is often used interchangeably with fraud, in the commercial sphere, and the UAE being a hub of commerce, the probability of commission of fraud and fraud-related activities is very high.

The UAE Penal Code, the Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law, is the law which regulates the criminal law in the UAE, along with the Criminal Procedure Code.

The introduction of a new personal status law for the non-Muslims is a landmark decision on part of the UAE government. To be enforced from February 1st, 2023, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status brings with itself numerous changes in terms of marriage, divorce, custody, inheritance etc.

When a person dies intestate, it becomes very difficult for those left behind to gain access of his estate since they cannot be dealt with or transferred without court orders. This results in immense financial problems and unreasonable delays. Therefore, it is advised that a person should execute a will in his lifetime so that his family is freed from the distress it would otherwise experience.

The following article discusses the concept of contempt of court in relation to family law of the UAE.

A recruitment agency owner who was accused of recruiting domestic workers without a licence, was acquitted by a Dubai court based on discrepancies in charges.

The UAE Penal Code defines theft as taking of property belonging to a person other than the criminal and it shall be subject to the provisions of the UAE Penal Code.

Under the UAE laws, abortion is broadly regulated under two laws. These are the Federal Decree Law 31 of 2021 On the Issuance of Crimes and Penalties Law (UAE Penal Code) and the Federal Decree Law No. 4 of 2016 On Medical Liability (Medical Liability Law).

The child protection law in the United Arab Emirates is the Federal Law No 3 of 2016, also called the Wadeema’s Law. The Wadeema’s Law protects the overall rights of the child, including his fundamental rights of life, security and care, family rights, health rights, social rights, cultural and education rights.

An emerging branch of the legal profession, Alternate Dispute Resolution has witnessed significant progress over the past few years. It is being used in almost all kinds of disputes, and has been developed into codified laws in a number of countries, including the UAE. As a centre of commercial growth, ADR in the UAE is not only a want but a need, so that disputes can be resolved in the easiest of ways possible. A common area where ADR is often used is that of contractual disputes. Since they are mostly of civil nature, ADR is the most convenient method to resolve them.

One of the main goals which the UAE strives to achieve is the protection and taking care of the juveniles.

The husband had left behind more than 29 apartments, villas, land plots and luxury cars.

A drama teacher who was convicted of sexually assaulting a child in Dubai has been acquitted after a prosecution witness retracted his testimony.

Lawyer argues that eased penalties under the country’s new drug law should apply since the woman is a first-time offender.

A Dubai resident who was caught with cannabis-infused chocolate has been acquitted of drug possession charges based on the latest legal changes in the UAE.

The victim's business partner planned the crime: A businessman's family will be compensated with Dh1.2 million. The man was kidnapped and murdered in Dubai five years ago.

Once an individual resident in the UAE passes away without a will, the laws of the UAE would be applicable on the distribution of the deceased’s assets, including his bank accounts.

If you are driving a car in the UAE, you must abide by the traffic rules at all times. The UAE law on traffic, Federal Law No. 21 of 1995 sets out the rights and obligations of the drivers, the traffic rules to be followed and other related matters. Violation of the traffic rules by the driver could lead to fines and other penalties, such as confiscation of the vehicle, accumulation of black points on the driving license, and suspension of the license amongst others.

The personal status matters in the UAE are regulated by the Federal Law No. 28 of 2005 (UAE Personal Status Law), as amended and Federal Law No. 5 of 1985 on Civil Transactions Law, as amended. Additionally, Emirates of Abu Dhabi has issued a new law called the Abu Dhabi Law No. 14 of 2021, which mainly applies to non-Muslims based in Abu Dhabi. The UAE Personal Status Law continues to apply to Muslims in Abu Dhabi.

The issue of domestic violence is universal, and the UAE has taken bold steps to combat this issue. In this connection, the Federal Decree-Law No. 10/2019 On the Protection from Domestic Violence (Domestic Violence Law) has been issued to fight against domestic violence, protect privacy of life and correct behaviors which are harmful to the family.

Extradition in common language, is understood as the process under which one country, on the request of another country, returns a requested person, to the requested country, based on crimes committed by the requested person in the requesting country, subject to meeting conditions as set out in the law or applicable treaties.

Online fraud is increasing day by day, with bank accounts also being scammed in the UAE. Many times, you may get a call purportedly from a bank asking for your personal details, or your account number. It is important to beware of scam calls, or messages which request for your OTP.

Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean offering a gift or a benefit to another person who is in a position of power or who holds a public office, in exchange for a favor which may not be in line with his duties. On the other hand, blackmail may be understood as coercing a person to do certain acts by threatening adverse consequences if he does not commit such acts.

Latest Update: The UAE has Issued a Civil Personal Status Law for non-Muslims at the Federal Level. The New Federal Law comes after the effective application of a non-Muslims Personal Status Law existing in Abu Dhabi.

The legislative framework for insolvency and bankruptcy in the United Arab Emirates is codified under the two following laws. 

The UAE issued a new law on narcotics and psychotropic substances. This law is called the Federal Decree-Law No. 30 of 2021 On Narcotics and Psychotropic Substances (‘Narcotics Law’). The Narcotics Law repealed and abrogated the Federal Law No. 14 of 1995, which was the previous governing law on narcotics and psychotropic drugs in the UAE.

The personal status matters in the UAE are regulated by the Federal Law No. 28 of 2005 (UAE Personal Status Law), as amended and Federal Law No. 5 of 1985 on Civil Transactions Law, as amended. Additionally, Emirates of Abu Dhabi has issued a new law called the Abu Dhabi Law No. 14 of 2021, which mainly applies to non-Muslims based in Abu Dhabi. The UAE Personal Status Law continues to apply to Muslims in Abu Dhabi.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Interfaith marriage refers to situations where the spouses who belong to different faiths conclude a marriage.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Termination letters were given out as school prepares for a management change.

The victim's business partner planned the crime

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

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

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

Stealing a UAE plate number is a crime which may be punishable under the UAE laws. Stealing a number plate would fall under the definition of “theft” of the Federal Decree Law No 31 of 2021, more commonly known as the UAE Penal Code. The UAE Penal Code defines theft under Article 435 as: “A theft means the taking of property belonging to a person other than the criminal and it shall be subject to the provisions of the following Articles.” Punishments The punishment for theft varies depending upon the degree of crime committed. Typically, theft is punishable by jail sentence of at least six months or a fine. Having said that, Article 442 of the UAE Penal Code states that a theft committed in a means of transport is punishable with imprisonment of not less than one year. Article 441 also provides for imprisonment of up to seven years if theft is committed during night time and by a person carrying a weapon. If a person has committed robbery by coercion or threat to use a weapon with the purpose of either keeping, obtaining or running away with the stolen goods, he shall be punished with imprisonment ranging between three years to fifteen years under Article 438 of the UAE Penal Code. Any attempt to commit theft is punishable with half of the penalty prescribed for the full crime. Therefore, stealing a UAE plate is a serious offence and should not be taken lightly. Reduction of Sentence Given the varying degrees of punishment provided under the UAE Penal Code, the question arises whether the court has the right to reduce the sentence of a person who has committed theft? The answer to that is yes. If the court believes that either the circumstances of the crime or the criminal itself require mercy in a felony charge, then the penalty of temporary imprisonment could be mitigated to a jail sentence for a period of at least three months under Article 99/3. In case a mitigating excuse is established in a misdemeanor, where specific minimum limit is stated for the penalty, the court does not need to abide by such limit when assessing the penalty under Article 100. What does the Court Say? However, the above does not mean that the penalty could be converted into fine. This was held by the Federal Supreme Court in Case No 575 of 2020 in its hearing dated 7 September 2020, in which the accused had stolen a car which he subsequently sold. The court of first instance sentenced the accused to an imprisonment of two months. This penalty was amended by the appeals court to a fine. On appeal to the Federal Supreme Court, the Federal Supreme Court noted that while the judge has the right to not adhere to the minimum penalty prescribed, provided a mitigating factor is established, it does not give the judge the freedom to assess the punishment according to what he deems appropriate and only impose a fine.

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

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

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

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

Published in: Khaleej Times, The National

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

Published in: Khaleej Times

Published in: Khaleej Times, The National

Published in: Khaleej Times, The National

Published in: The National

Published in: Khaleej Times

Published in: Khaleej Times

Published in: The National

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

Published in: Gulf News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Errors can occur in any circumstance, however when you have depended on an attorney or any other professional with a legitimate issue, mistakes can cause severe losses. On the off chance that a specialist’s activity, or inaction, has caused you money related loss or diminished an anticipated monetary benefit, you can carry a case against them to seek compensation. Such cases are referred to as professional negligence cases. Proficient carelessness is not the same as poor service provided by the professional. Instances of poor services can be slow service or absence of straightforward communication, yet not as severe as professional negligence which leads to monetary or physical loss. Professional carelessness is the noteworthy disappointment of your specialist to fulfill the very guidelines of skill for which you appointed him. On the off chance that this disappointment brings about you acquiring losses, you are lawfully qualified for remuneration. The Civil Lawyers of Dubai are hereby desire to express their views on the cases of professional negligence and under what circumstances you may raise a case against the said professional. Legislation Coverage Federal Law number 5 of 1985 (Commercial Transactions Law) under Article 383 confirms that an obligor (whilst performing his obligation) shall exercise all due care as the reasonable prudent man would exercise, unless there is an agreement to the contrary. Additionally, such obligor shall be held liable for any loss or gross negligence on his part while conducting his duties. In furtherance, according to Article 124, the individual commitments may emerge from either contract, one-sided agreement, acts causing hurt (torts) and acts giving an advantage, and the law. Wherein, Article 196 of the Civil Code expresses that ‘any condition indicating to give exclusion from liability to a destructive demonstration will be considered null and void’. It is viewed as that this article covers the two cases for breach of agreement and any tortious case. In spite of that, Article 390 shows that authoritative obligation can be restricted; in any case, it isn’t admissible under the law to diminish risk emerging from tortious cases. According to Article 292 of the Civil Code, ‘In all cases, the remuneration will be surveyed based on the measure of loss endured by the person in question, along with loss of benefit, given this is a characteristic after-effect of the harmful act of negligence or breach. In the event that the damage was brought about by various people, at that point they will liable to the amount of their contribution in such harmful act, in accordance with Article 291 of the Civil Code. The individuals who have experienced misfortune emerging another person’s carelessness can reach out to the court for compensation as per Article 389 of the Civil Code. That article expresses that ‘if the measure of remuneration isn’t fixed by law or by the agreement signed between the parties, the appointed authority will evaluate it in a sum comparable to the harm.” Even though the law specifically allows a harmed individual to reach out to the court, it is still advised by Top Lawyers of Dubai to seek legal assistance of your legal consultant depending upon type of damaged suffered and to seek the right amount of compensation from the UAE courts.

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

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

In the wake of progression by implementing new legislations, the Emirate of Dubai has promulgated a new law by virtue of Law number 9 of 2020 for regulating the Family Ownership (hereinafter referred to as the Law). The concept of Family Ownership is seemingly up to the minute and was issued to regulate and govern the affairs concerning family property owned in the country. The objective behind issuance of this Law is to maintain progression over such property and encourage or facilitate transition of generations. The property lawyers of Dubai are pleased to discuss the pertinent aspects of the Law for the readers to understand the ideology behind issuance of this Law. What does the Law govern? Under the provisions of the Law, the family member having interest in one property are allowed to enter into a legally binding agreement (commonly referred to as the “Family Property Contract”) which enables the family members to have joint ownership and administration rights over the jointly-owned property thereby benefitting the members of the family as well as the upcoming successors. Having said that, the law allows the members of the family up to fourth generation possessing common interest in family property to have equal rights in the property or rights as per the family property contract. The contract allows the members to discuss rights pertaining to movable and immovable property, except for the shares in public joint stock companies. The Law empowers members of the family to tweak the details or provisions of the contract or appoint the Best Lawyers of Dubai to draft the contract as per the needs and requirements of the family to accommodate the provisions of having common interest in the property. In addition, the members can entail specific provisions concerning rights in income, capital, management and administration of the property. The law further confirms that the administration of the family property shall be the responsibility of one or two managers appointed under the said contract. Additionally, the contract shall include provisions for the management rights, appointment and termination of the managers. Another significant provision of the Law allows any one of the family member having interest in the family property to sell or transfer his shares to other member or pass it on through inheritance or to transfer under the specific conditions or circumstances of bankruptcy or transfer to third parties. The Law has entailed a provision for establishing a special judicial committee comprising of legal experts possessing expertise in family, management and property matters for resolving disputes between the parties of the family property contract. It is undeniable that the issuance of the Law is certainly to preserve family wealth and most importantly to offer a legal option especially for those struggling with internal family matters concerning property rights. In addition, the Law will assist in regulating intricate family business structures incorporated in the Emirate of Dubai. Lastly, it is pertinent that the success of the Law is directly proportional to the implementation rules or decisions issued by the government of Dubai to ease the process of its regulation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

With the swift changes in the personal laws of the UAE, the most momentous among them were the laws relating to Divorce and Inheritance. The personal Islamic laws of the UAE were rebuilt by the UAE government through an With the swift changes in the personal laws of the UAE, the most momentous among them were the laws relating to Divorce and Inheritance. The personal Islamic laws of the UAE were rebuilt by the UAE government through an announcement made by them on 7th November, 2020. One line to characterize such changes is that, the Islamic law of the Sharia will no more be used for dealing with the cases belonging to family law for the non-citizens. The following article by Family Lawyers of Dubai highlights the recent changes in family laws within the country. Amendment made in Divorce Law’s Jurisdiction The Amendments introduced are the ones changing the law of 1987, which provides that the local laws which were the first attempt to provide the legal framework to the personal laws will not be used for dealing with the ones who are not even the nationals of the country. Unlike the past status, now any couple can get divorce in UAE, not based on the Islamic law, rather based on the law of that country in which they were married. Law of the Past Earlier, the family law of UAE provided that Sharia will be applied on the muslim couples with respect to their child custody issues or asset division or for maintenance even. Till the amendment came into force, the law allowed the expatriates to choose among the option of either applying Sharia to their divorce proceedings or to request the court to follow the law of their home country instead. In addition to this, in cases where both the partners belonged to a different country, then in that case, the law of the Husband’s country would have applied. But when the law of their home countries fizzle to bring justice to them or didn’t cover an aspect of divorce, in such cases, the courts brought the case back under the purview of the Sharia Law. Consequences Now the couples will not have to feel dreadful from the prolonged and ponderous procedure of divorce. In the cases where there is an absence of agreement between the parties, the court can order them to undergo mediation for the same. Moreover, concepts like joint assets and accounts pose to be propitious for not just one but both the partners. The financial aftermath of both the parties can have a startling effect due to the switch in the applicability of the jurisdiction. Another upper hand which the new law enjoys is that it omits any further chance of filing yet another petition on the matter over whose law would apply. Though the division of assets will also be covered under the ambit of new jurisdiction, the custody of the child is nowhere mentioned in the scope of this new aspect. Inheritance Law In cases characterized as petulant, the descendants of the deceased had to face the division of the assets according to the Islamic Law. Most of them were not even acquainted with the same and had to face an unusual division between men and women. In cases where the family was a non-resident and a non-Muslim, only in those cases one could petition the court for applying the law of their birth nation. But the Muslim Non Residents didn’t have such choice. They were covered under the Sharia only. Also, the Non-Muslim expatriates who did not request for any such change of jurisdiction had to undergo the Sharia Law of Inheritance only. The amendment have now brought the change again in the jurisdiction of applying the law. This means that unlike the past, where the religion was the major basis, now the citizenship will be the characteristic around which, the whole inheritance will revolve. According to the new law, the inheritance will be practiced according to the citizenship of the deceased at the time of his death. In case a will is present, it will obviously be followed. But in cases where there is no will, the law of the country of the citizenship will be the sole factor to practice the law of Inheritance. An exceptional case states that where the deceased had bought a property in the UAE and has not bequeathed it under a will, then in that case, the law of Sharia will apply on the property. There are two types of heir in the Sharia Law, i.e. the eligible and an ineligible heir. The eligible heir is not inclusive of adopted as well as illegitimate children. In addition to this a divorced wife is not entitled to her ex-husband’s property if they have been divorced for more than three months. Inheritance in Islam is famously regarded as a complicated process where a large share of property is always bagged by the mail heirs, posing a disadvantage for the female heirs. For example, a daughter is just entitled to half of what a son gets. Conclusion The procedure of Divorce for the expatriates have substantially changed and purports to be a worthwhile amendment. The intend behind the same was to promote the living standards of its people. The amendment is also looked forward to as a way out from the disputed cases of the non residents, which will be governed without further jurisdictional petitions. This will not only save the parties to the dispute from getting assaulted economically but also from the breakdown one faces emotionally.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Compos Mentis is one amongst the other significant elements in establishing criminal accountability.

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

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

What All You Should Know About Bankruptcy Law Of UAE?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UAE legislative framework empowers courts to enforce judgments issued by foreign courts under specific conditions. 

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

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

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

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

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

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

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

Isn’t it too complex and too expensive to proceed with arbitration? What all costs can we recover in this arbitration apart from the claim? Can we claim attorney’s fees or legal costs from this arbitration? There are few but very frequently asked questions from the Lawyers in UAE, and the answers to these questions can be spotted in this article. One of the most appealing advantages of turning to arbitration is the tribunal’s authority to award legal costs and expenses. These would ordinarily incorporate the arbitrator's fees and any other costs incurred in any arbitration institution. It is a recent practice in UAE among commercial parties to empower the tribunal to award legal costs either within the Terms of Reference or drafting a special provision for the same. However, under certain circumstances, the ability of the tribunal to grant legal costs is a challenging task. Consequently, the Arbitration Lawyers of Dubai have simplified it through this article for all the commercial parties in arbitration or desiring to file for arbitration. The concerned article will emphasize the most prominent arbitration institute of Dubai that is Dubai International Arbitration Centre (DIAC). The article is divided into several categories to comprehend the status of each case easily.

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

Dubai has experienced major ups and downs in the real estate sector, and the disputes arose tested the veracity and legal standing of these laws from time to time. Almost after a decade of rigorous implementation, the real estate laws of Dubai, as elucidated by Property lawyers in Dubai are now much more robust. The concerned article is a pathway to understanding the various aspects of dispute resolution in real estate matters in Dubai.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism. According to common practice in the UAE, the most secure and quickest method is the post-dated -  and in some cases undated – cheque. This is often requested by creditors (financial institutions) and sellers, mostly in real estate transactions and trade. The rationale is mostly economic to individuals who are issuing the cheque, and how does personal guarantee play a role? In this Article, we attempt to analyze and overview UAE laws on Personal guarantee.

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

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

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

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