Month: September 2020

Rights and obligations of individual in criminal cases

The judicial system of UAE respects the dignity of people. As per the procedure of criminal law it is presumed that unless proven guilty the accused remains innocent. Therefore, there are certain procedures when it comes to dealing with criminal case. They are as follows: –

  • According to the law, Until the  accused person is proven guilty there won’t be any criminal penalty imposed on anyone.
  • As per the conditions mentioned in the law and prevailing the circumstances no one may be searched, arrested, detained or imprisoned.
  • According to the period mentioned in the warrant issued by the competent authority Detention or imprisonment may only take place in the designated place for the specific purpose.
  •  in case of seeking assistance from the resident, Law enforcement authorities such as police may not enter into any place of residence unless there is a specific circumstance wherein there is a possibility of a serious threat to the person life or property.
  • If there is no complaint registered optionally, whoever comes to know about the occurrence of the crime upon placing the request it has to be reported to the public prosecution or judicial officers so that the action against the person can be taken
  • Anyone who witnesses the offender committing a felony or misdemeanor should hand him over to the nearest public authority without the need for an arrest warrant.
  • Due to the harmful accusation made by the victim the accused can ask the court to compensate him for the prejudice suffered.

Banking and Financial Disputes

Leading Practices for finance litigation and dispute regulation

According to the latest court decisions and legal developments, the banking and finance disputes reports are aimed to determine the future trends and comment on it. We assist clients in the litigation process and dispute resolution from Detailed investigation preferably the major one and high-profile disputes to issues related to reputation of risk management.

Depending on cases variations there are certain circumstances wherein its complicated and are beyond the grasping capacity of judge or arbitrators. However, in such condition before leading to any specific decision a professional banking/ accountant expert is appointed to give his opinions and advice on the subject matter. A court expert can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman.

Al Jazeera Advocates are associated with top tier practice to deal with finance litigation and regulatory disputes our lawyer expertise is considered as one of the best lawyer particularly in Dubai and across UAE.

New guidelines for UAE bank customers, to get the complaints resolved instantly.

For a new Financial Consumer Protection Regulatory Framework, consultation process launched.

As per the new guidelines being drafted by the Central Bank of the UAE(CBUAE) Bank consumers and financial institution will have greater protection in UAE.

For developing a new Financial Consumer Protection Regulatory Framework, CBUAE has launched process for consultation. Which will result into resolving complaints faster as well as consumers will also receive “effective dispute resolution services”

The Governor of CBUAE, Mubarak Rashed Al Mansoori exclaimed.” Through this process, CBUAE will move forward with the development of a new Financial Consumer Protection Regulatory Framework to protect financial consumers”

The principle of the framework includes market conduct, business conduct and protection of consumer data and privacy as well as disclosure and transparency, regulatory supervision and corporate governance too.

Moreover, this particular principal is also responsible for finance practices, consumer education, awareness, financial inclusion, complaint management and dispute resolution. However, for the development of comprehensive framework in financial service Shariah compliance is essential.

Furthermore, the new regulations and standards will apply to all existing agreements, products and services of licensed financial institutions.

Prior information investors need to know before purchasing unplanned real estate.

First and foremost, before signing an off-plan unit purchase and sale agreement. It is the buyer’s duty to pay a visit to the Dubai Land Department (DLD)and the Real Estate Regulator Agency (RERA). or the individual needs to visit DLD’s Genuine website (ww.dubailand.gov.ae) to check the following: –

  1. Is the real estate project registered with RERA?
  2. For the purpose of project is there any escrow account? what is the name and number of the escrow account agent?
  3. What is the percentage acquired and the expected date for the completion of the project?
  4. Is the developer registered with RERA? id the development land owned by the developer or whether they hold any agreement between the owner and developer?
  5. Does the developer hold the required permits and approvals from DLD and RERA to sell unplanned units for the relevant project?