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Legal Evidence In UAE

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Disclosure of Documents

What are the documents disclosed from one party to another? What are the rules and regulation for the same?

Each party files the document as per their convince and that is considered as a strong proof. Even though there is no particular inspection in the documentation part there is no special obligations too. However, a party can request the court to impel the opponent party for submitting the written document or paper in his or her possession. In the instances of join documents, opponent based his or her claim on any stage of the lawsuit.

There are certain procedures where court may demand for documents to be provided in electronic form also but there are no limitations based for applying the proof of document

Privileged Documents

The communication between the UAE Advocate and the client are known to be the privileged communication but these conversations are not extended to the legal consultants i.e., a foreign advocate, who can be called on to disclose information by an order of the court. Communication occurred between legal advisor and the client is not considered as a privileged communication because the legal advisor will be known as an employee hired by the client.

The concept of “without prejudice” correspondence is not recognised. Any correspondence marked “without prejudice” and brought into existence expressly for the purpose of forwarding genuine settlement negotiations and can be filed in court. Therefore, usually the settlement negotiations are not documented.

UAE-Hub for arbitration

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UAE is being an emerging hub for arbitration because numerous companies choose to keep their regional offices in the country where many expats invest in real estate. It’s been recognised as a successful hub due to its investor-friendly laws, internationally recognised principles and efficient enforcement mechanisms. The procedural laws of the UAE provide cost-effective and fast-track legal resolutions.

Not even the individual but businesses from across the Gulf often choose to bring their cases to the UAE in Dubai International Financial Centre (DIFC) courts and the Abu Dhabi Global Market (ADGM) courts. However as per Article 24 of the DIFC Court Law, which allows DIFC courts’ jurisdiction to ratify judgments from foreign courts. “Judgment creditors often approach the DIFC Courts seeking ratification of the orders rendered by the non-UAE courts, in circumstances where the judgment debtor has assets in the UAE,”

After the enforcement of foreign award, the UAE has now become a formality, there is no wonder that more and more companies are choosing the UAE to conduct their business; this shows a lot of trust in the UAE legal system.

In UAE, because of the tax and ownership benefits Many foreign companies choose to open their businesses in free zone.  such as the DIFC courts and the ADGM courts. However, on offshore arbitration they operate under respective laws of UAE excluding the DIFC and ADGM court.

As per the current situation, majorly clients prefer to use arbitration centres rather than bringing cases to court.  The most common arbitrations refer to contractual breaches, oil and maritime disputes – specifically the cases were the parties have previously agreed to submit their dispute to arbitration because of the diversity of international arbitrators rather than the court performance.

Furthermore, there are domestic arbitrations as well which is known to be the alternative litigation wherein most of the arbitration revolve around the real estate industry.

Legal overhaul set by UAE , upon family and personal law

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The legal system in UAE has embarked one of the biggest overhauls and announced it on Saturday regarding the changes in family law and other areas affecting people’s daily lives .
This law will initially help in improving living standards and will also support UAE for foreign direct investment from people around the world

Amendments to existing laws and the introduction of new laws seek to regulate crucial personal and civil laws, with provisions allowing non-Emiratis to have their personal affairs dealt with according to the law of their home country.
Moreover is a home for beyond 200 nationalities along with accommodating needs to them , the reformation of law will affect laws that relate to divorce and separation, how wills and assets are divided, alcohol, suicide and the protection of women.
Furthermore, These updated laws can be used for divorces and inheritance, meaning that Islamic law, or Sharia, would be rarely used when it comes to family law cases involving expatriates. The measures have been discussed in UAE and will result into reflecting major mile stones into the country’s judicial progress.
Divorce and inheritance:
If a marriage breaks down, the most important structure relates to divorce separation and the division of assets. If the couple gets divorced in UAE but were married in home country then the law will be applicable as per the country where the marriage occurred. The new law mentions joint assets and joint accounts, and that the court could be called on to mediate if there was no agreement between the two parties.
Until now assets were divided under sharia with the help of expats on a decease of a family member but now  a person’s citizenship will dictate how their assets are divided among their next of kin, unless they have written a will. However, according to the UAE law there is one exception for property purchased in UAE and new changes will be implemented on wills and inheritance too.

Good Samaritans and suicide:

Suicide and suicidal attempt will be decriminalized. As per the law updates if a person is willing to attempt suicide, police and court would ensure vulnerable people receive mental-health support. nevertheless, any person found assisting any individual for attempting suicide will face an unspecified jail sentence.

Additionally, as per the new law if a person is committing an, act for a good intention that may end up hurting the person itself, the person won’t be punished

If you want to give help or assistance in an emergency and that person gets harmed [as a result] you will not be punished.”

Harassment and assault:

As per the law update, there will no longer be a distinction of crimes known as “honor crimes”, where a male relative can get a lighter sentence for assaulting a female relative under the guise of “protecting honor”. Rather, such incidents will be treated as crimes, similar to any other assault.

There will be tougher punishment for harassment and stalking. The punishment for the rape of a minor or someone with limited mental capacity will be execution

Consumption of alcohol:

Anyone who drinks or sells alcoholic beverages in authorized areas without an alcohol license will not face penalties and consumption of alcohol will no longer be considered crime. A person must have minimum 21years of age to drink legally in UAE as well as anyone beneath the age criteria found selling alcohol will be punished.

Consumption of alcohol is permitted in private and public licensed area. However, the federal law doesn’t apply to all Emirati as Abu Dhabi ended its alcohol license system for residents in September wherein earlier there used be a license requirement for purchasing alcohol.

Cohabitation for unmarried couples:

Until now, it was considered illegal for an unmarried couple, or even unrelated flat mates, to share a home in the Emirates but now the law will allow for the legal cohabitation of unmarried couples for the first time.

Judicial procedure:

According to the new law mandates translators are provided for defendants and witnesses in court, if they are unable to speak in Arabic. The court must make sure that the legal translators are being available. Nonetheless, the new privacy law will restrict evidence related to cases of indecent acts to get disclosed in public .

Update on Dubai Land Department

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To attract the small investors Dubai Land Department (DLD) is set to implement a ‘fractional title deed’ in a bidding concept across the emirate.

The main aim for this deed is to attract investment into hotel or serviced apartment projects in Dubai and this is announced by the DLD’s Registration and Service Sector.

A fractional title deed refers to the division of the same unit into two or four fractional shares, each having its own title deed that may be sold, mortgaged, or transferred as would any other property.

Working of a fractional title deed

A fractional title deed effectively divides what would normally be in one unit (held via a single deed) into two or four parts.  half or a quarter of the unit is purchased by the investor. Each part or fraction of the unit will be held via its own title deed that may be dealt with or disposed of, i.e., mortgaged or sold, as would be the case with any other deed.

The title fractional deed has similar appearance unlike that of “timeshare”, which usually involves the multiple investors buying “time” in a property, wherein opposing to the actual real estate. Moreover, the owner has the right to occupation for a specified period of time in any year.

By investing a smaller amount into the property, this concept of ownership gives opportunity to the small investors to become co-owners. Specifically, the fractional ownership scheme is most relevant to the hotel-apartment sectors. DLD spokesperson stated that a fractional title deed may be registered under anyone’s name However, there won’t be any restrictions towards any target market.

Soon, New Centre for real estate dispute settlement in Abu Dhabi.

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The new center for dispute settlement between parties will be led by qualified real estate conciliators.

Judicial authorities exclaimed, to reduce the number of cases brought in the courts, the real estate disputes resolution center has decided to setup a new center in Abu Dhabi.

As per the agreement signed between Abu Dhabi Judicial Department (ADJD) and the Department of Municipalities and Transport (DMT) the center will soon be in movement.

The Real Estate Dispute Settlement Centre will comprise qualified real estate conciliators who will work to settle disputes between parties amicably. This in turn will help manage the influx of real estate dispute cases in courts. 

Abdullah Al Sahi, Acting Undersecretary of the DMT said.” The group of conciliators have undergone specialized courses to carry out their conciliation and reconciliation duties,”

Youssef Saeed Al-Abri, Undersecretary of the Judicial Department, said, “It is meant to be an important step in support of the efforts made to enable the amicable settlement of disputes to foster reconciliation between litigants and encourage amicable settlement of disputes as part of the initiatives of ongoing development of the judicial system and support for business competitiveness in the emirate.”

to improve the real estate and investment environment of Abu Dhabi, this initiative is among the priorities of the DMT. Therefore, this decision will help to promote the real estate dynamics and reduce the number of cases brought before the courts.

Law on Bankruptcy

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In UAE business bankruptcy is governed by  Federal Law by Decree No. 9 of 2016 on Bankruptcy which came into force on December 2016.  to avoid bankruptcy and liquidation through different mechanisms, this law provides a legal framework to help distressed companies in the UAE.The mechanism includes

  • consensual out-of-court financial restructuring
  • composition procedures
  • financial restructuring
  • the potential to secure new loans under terms set by the law
  • conversion to declaration of bankruptcy and liquidation of the debtor’s assets.

 

The law applies to:

  • companies and establishments in the free zones that are subject to the provisions of Federal Law No. 8 of 2004 on Financial Free Zones and which are not governed by particular provisions regulating protective composition procedures, financial restructuring and/or bankruptcy
  • any individual who is a trader as defined in the Commercial Transactions Law (Available in Arabic only).
  • licensed civil companies carrying out professional activities.
  • companies governed by the Commercial Companies Law
  • companies which are not established under the Commercial Companies Law and which are wholly or partly owned by the federal or local government, stipulating that Federal Law by Decree No. 9 of 2016 on Bankruptcy applies.

This law increases the business stability in the UAE and investors’ confidence in the UAE market.

Important things to know before signing sale and purchase agreement in Dubai.

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When it comes to purchase a property in UAE, both buyer and purchaser have specific entity on legal structure called as Sale and Purchase Agreement commonly known as SPA in UAE.A well drafted SPA is required in order to finalize any deal, whether movable or immovable property or asset.

SPA is the most important document the parties must have for smooth transaction of property matters and is considered to be the legal document to resolve any disputes.  It is always advised by Real Estate Lawyers to carefully review the contents of the SPA before signing it or parties must seek legal assistance. Moreover, Dubai has issued certain laws such as Law Number 7 of 2013 establishing the Dubai Land Department, Law Number 9 of 2009 governing the interim property register, Law Number 8 of 2007 on the Escrow account to be maintained by Developers. Her are foreign laws which helps safeguard buyers’ rights .no matter how many regulations are implied in the agreements but all comes into effect when there is a breach of contract. As buyers are always in a hurry for signing the SPA without considering their material of the agreement. Thus, it is advised to all our readers to thoroughly review the terms of the agreement or at least carefully look into the following issues before signing the SPA:

  1. Reviewing developers’ license:

The prime most important thing is to know whether the developer is registered with the Dubai Land Department. Thus, Department of Land, Dubai has provided a list of developers registered with them, through which one can ascertain if the developer is holding valid licenses and simultaneously registered with the authority.as nobody wants to sign the property agreement with an unregistered developer.

  1. Seeking the project registration record:

 Every real estate project in the Emirate of Dubai is registered with either Land Department or through Oqood as authorized by Real Estate Regulatory Department of Dubai (RERA). seeking the help of websites one can get to know whether the project is registered or not, as the authority has provided a non-exhaustive list of approved projects in Dubai.

  1. Obtaining a copy of the title deed:

It is necessary to check if the actual property owner is the one mentioned in the title deed in SPA.Eventhough reviewing of property is must important, the buyer should also take the initiative to check whether there are any restrictions in the deed. the buyer can also seek a copy of community declaration for understanding the rights in relation to the use of the property.

  1. Payment schedule to be checked thoroughly:

The payment schedule terms are the lengthiest pages in the SPA but are the most important document as it is the only obligation of the buyer under the contract. It must be reviewed cautiously to check if it meets the construction stages offered by the Developer.

  1. Reviewing SPA termination clause:

In the termination clause, the Developer retains the initial investment amount paid by the purchaser in the event of termination of the agreement or if the buyer fails to abide by his financial obligations. this document must be thoroughly reviewed by the buyer before signing the SPA agreement to avoid any kind of misconceptions.

  1. Escrow accounts details to be checked:

It is essential for the buyers to check the details from the developer or RERA of an escrow account to ensure the security of investment amount. Moreover, Dubai Law Number 8 of 2007 on maintaining the escrow account, obliges each contractor or developer in Dubai to maintain an escrow account for the project and all the investment made by the sellers should be submitted in the escrow account. 

  1. Dispute resolution clause to be studied:

Buyers must study the dispute resolution clause because they must be aware about the methods for resolving it in the UAE court of law or independent arbitration centers.  buyers must seek legal advice from Arbitration Lawyers in Dubai, in case the contracts opt for arbitration.

  1. Checking the power of attorney:

It happens at times that third party signs the contract on behalf of the contractor which is commonly known as authorized signatories. Ergo, the buyers must carefully review power of attorney granting signatory rights to the authorized signatory.

  1. Checking the completion of project and failure consequences:

Every SPA has a completion date on which the project has to be handed over to the buyer by the seller, However, it happens numerous times that the seller fails to oblige to the promises and gets the project delayed. on the other hand, wherein, the buyers are not aware about the completion date end up losing their right for terminating a property and seeking compensation. Therefore, buyers must determine the completion date of the project and should understand the legal consequences for the seller, if they breach the provision of the contract.

The after-effects of pandemic on dispute resolution process in UAE.

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Due to the outbreak of novel corona virus (COVID-19), which is being declared as a pandemic, has badly affected the business, corporate entities and had ruined the financial market deliberately along with the business pipelines and working environments. Moreover, because of this vulnerability all around, organizations became incapable (or reluctant) to perform existing legally binding commitments and additionally they require attention of new weights on their finances and tasks.

The positive and negative impacts of the pandemic is well discussed by the corporate lawyers in the country, so that they could work accordingly followed by the disputes and its resolution in UAE.

The current crisis has made a necessity for business and their legal representatives to be more cautious when it comes to decision making inclusive of alternative choices for the productive, opportune and practical dispute resolution processes. Seeking the need, they should be focused on modifying their business relationship, re-arranging the agreement, or discovering alternative ways to determine and resolve their conflicts, as opposed to insisting on performance of strict contractual obligations.

There is a possibility when the business officials stay dedicated it can be very prompting decision in the interest for mediation, arbitration and conciliation or combination of different methods of dispute resolution, which will help In over coming the natural crisis .However, this pandemic is being more prominent  for the arbitration process to discover innovative approaches to consolidate more noteworthy utilization of technology, by arranging virtual hearing to provide resolution on disputes .

Virtual hearings are encouraged by the most leading arbitration institutes following the rules and regulation along with the appropriate procedures. For instance, Dubai International Arbitration Center, DIFC-London Chamber of Commerce, ADGM-International Chamber of Commerce has shown tremendous efforts in avoiding the further spread of coronavirus and to not delay any proceedings.

Furthermore, Cybersecurity is playing the vital role in discretion as the validity and honesty of the arbitration process relies upon it. As one would expect, COVID-19 has prompted a spike in specific sorts of debates or conflicts. The conjuring of force majeure clauses in any agreement, specifically, has seen a huge ascent this year. For instance, in a significant judgment, the Dubai Rental Committee as of late confirmed that COVID-19 is a substantial motivation to end a rental contract, as long as it is proved that COVID-19 has contrarily influenced the party who looks for the early termination of the rental contract.

In this particular committee debate, a party was incapable to proceed with long term understanding. However, the Dubai Rental Committee permitted the proprietor to seek compensation for early termination of the rental contract.

Nevertheless, Due to this pandemic the digital procedure has received high number of responses in the form of e-mediation, e-arbitration, online courts and the utilization of Artificial Intelligence in judicial process.

Family & Divorce lawyer in UAE

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At Al Jazeera Advocates our family lawyers provide legal guidance for all the areas in family law. We help our clients to safeguard and structure their family relations and overcome with the arousal disputes among them. We give valuable advices from issues of separation and divorce, child custody, domestic violence and inheritance. Our team are qualified and experienced to deal with sensitive situations – with confidentiality, impartiality and tact guaranteed.

With the hep of expat lawyers, we educate the customer with their own rights and wills in such a manner that relate with sharia. We also help translate family agreements and arrangements into documentation that comply with the local laws and can be easily enforced within the UAE court system. we offer families peace of mind when dealing with contingencies of inheritance to custody and guardianship.

Our team are well versed with different languages and legal support ranges from guidance and advice to dispute resolution, court representation, compensation and ongoing legal support as required. However, we seek the best outcome for the family unit.

Apart from the knowledge expertise our team also understands the sensitive nature of family disputes, and help family members get the best outcomes with minimal disruption as per the possibility Furthermore, hiring a family legal consultant can expedite the matter and can help you to stay one step ahead in such emotional and difficult times.

For any requirements of family lawyer, kindly email us at info@jihadelhaddad.com.

We will be glad to assist you.

Litigation Lawyer in UAE(Dubai)

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Al Jazeera Advocates are the most experienced and are delivering the outstanding legal services across UAE. Our specialist team of experts which work throughout the process of litigation are exceptionally qualified with expertise in arguing cases in Arabic within the UAE court limitations. Our UAE national advocates have the right of audience before all local courts, which means they plead client cases directly in front of judges without relying on an intermediary.

We are well known because of our sound understanding of complexity of the UAE legal system, and our strong relationship with the relevant authorities wherein considering the changes of UAE laws. Our team works effectively on the cases and regular updates are also being provided to the clients with continual guidance to maintain the smooth functioning of the legal procedures.

Our litigation services interest into the employment and debt recovery litigation to media, banking and finance, inheritance and insurance. However, we specialize into  real estate, construction, pleading civil, criminal and commercial cases in UAE courts. , our practice is split between regional local litigation, Arabic litigation, and cases before the Dubai International Financial Centre (DIFC) courts.  Our leading DIFC court practice has handled some of the most high-profile cases heard in the DIFC Court to date.

Our team of experts holds vast experience in many industrial sectors, and real estate’s we hold high records of accomplishment of successful resolution of high-value disputes. Our teams also indulge into research as well as deliver cogent arguments to ensure that our clients’ interests are well-represented.

For any legal assistance related to litigation Kindly email us at info@jihadelhaddad.com .We will be glad to assist you.