Category: Legal Articles

Legal Articles

Corporate Lawyers in UAE

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Corporate Lawyers in UAE

Al Jazeera Advocates provides comprehensive corporate and business law services as per the progressing needs of our clients. Our team is well known for its professional and sophisticated advice ,especially when it comes to the most complex transaction issues .Moreover, we have earned outstanding reputation and  are considered to be the best corporate law experts who are closely aligned with our clients adding value to the case and makes the work easier in solving all corporate , commercial and corporate governance matters.

Our dynamic team of lawyers have in-depth knowledge of corporate laws and practices within the UAE and its neighbouring markets as well. We religiously follow all the legal procedures and take all the necessary initiatives to represent the clients in the court of law and get the judgements in the favor of our clients. It may be expensive to hire a corporate lawyer but this can be wise investment when you see the output after the approach.

Our team works effectively with both domestic and international clients, dealing with the corporate transactions including contracts, joint ventures, formation and financing. for a broad range of corporate transaction, we conduct extensive due diligence searches. we provide sound legal advices as per the domestic and international structures as a part of or restructuring plan. Furthermore, our corporate law and structuring practice covers abound legal services. our team keep themselves updated on evolving laws and compliance matters and we ensure our clients are well guided and addressed properly before proceeding towards the court of law. We are always committed to provide highest caliber of legal guidance, as we are known to be the best law firm in UAE(Dubai).

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

We will be glad to assist you.

Mortgages in UAE

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UAE has been amongst the most popular destination for expats. Particularly in the business-friendly areas such as Dubai and Abu-Dhabi. As per the Business trends the mortgage market in UAE is well established with both local as well as international lenders in providing home loans to expats. Even though the criteria vary for foreign national, the options are available for residential and buy-to-let mortgages purpose when living in UAE.

Who can get a mortgage in UAE?

Foreign buyers can get a mortgage in UAE but there are certain eligibility criteria which they need to meet, like having current job for at least six months depending on the area you want to buy and the lenders rule also comes into picture accordingly.

The borrowers who are self employed must have their business run for minimum of two years. Moreover, having an existing relationship with the bank can be an advantage because the bank would be familiar with the circumstances.

There are certain banks who accepts the payment depending on the specific companies.  This means that if you work for a government department, banking institution, or multi-national company, you are unlikely to have a problem.

Furthermore, if your employer is not well-established, you will have to struggle to get a loan from some lenders even if you’re creditworthy. It becomes very important to have a clean credit history when applying for loan, as lenders have the tendency to reject the poor applicants or non-existent credit files. Therefore, until you have checked your credit file and repaired any issues you shouldn’t apply for any mortgage.

If you have never had credit, you could consider taking out a credit card and paying it off in full each month to build up a credit history.

How to apply for a mortgage in UAE?

To apply for a mortgage, you can either approach directly to bank or seek advice from a mortgage broker, there are various websites which will give you a clear picture of comparisons   where you can weigh up deals from a range of lenders. When it comes to expat borrower a mortgage expert can be a great asset.  They will be able to help you navigate the quirks of the local market and find you the right deal for your circumstances.

Documents required to get mortgage in UAE

The documents may vary depending on the bank from which you are willing to apply mortgage

Lenders are likely to ask you for the following:

  • A copy of your passport;
  • Proof of residence in the UAE and proof of your current address;
  • Financial documents, such as proof of salary, bank statements, or your tax return.

Advantages of hiring a Criminal Defense Lawyer in UAE.

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It can be quite distressing when you are struck in the mid of any criminal case within UAE .As per law in UAE, everybody deserves a fair chance to defend themselves in the court of law Especially when you are in expatriate dealing with this cases can be really stressful .It is very important to hire a experienced professional criminal defense lawyer beside you so that he can take care of the paper work and procedures involved  right from the first police visit to the trial in courts. It can be really overwhelming and intimidating for a common man to go ahead with the case proceedings in UAE. However, hiring an expert defense lawyer can be encouraging.

Below are the effective advantages of hiring a defense lawyer: –

  • Criminal lawyers are specialist:

Criminal lawyers all over UAE have thorough understanding of the regional and legal framework. Even though they are specialized in analyzing cases and evidence for weakness, errors, and create potential defense strategies, they are well experienced and trained too.

  • Understanding court procedures:

 The criminal defense attorneys in UAE understands the procedural law. An experienced criminal lawyer will be able to figure out any errors into the court proceedings and can help you lead the case on the wright track.

  • Design strong strategies:

It all depends on the cases that what strategies can be used achieve success. The criminal lawyers evaluate all the events and existing set of circumstances, and build strong strategies. And after considering all the factors the criminal lawyers develop solid argument to win the case.

  • Reducing Heavy penalties:

Prosecutors are sometimes harsh to the alleged defendants due which Being innocent and falsely accused does not guarantee you relief from the penalty or jail term. Prosecutors always have a willingness that defendants get maximum punishment. A well experienced criminal defense lawyer will understand these kinds of tactics and will protect the client from heavy penalties and false charges.

  • Takes immediate action and overcomes the risk:

As soon as action against the criminal charges are taken the probability of success increases.  Hiring a criminal attorney will ensure that he/she will take prompt actions and help in overcoming the risk associated with the case.

  • Damage control:

People end up into huge mess because they don’t hire lawyer in initial stages. Once you hire a lawyer, every single decision is passed after the legal counsel, which elevates your case to the same level as your prosecutor.

  • Constant moral support:

 Hiring an experienced criminal defense attorney will prove to be a wise financial decision. It may be expensive but will results in long-term financial benefits. Each criminal case may invite heavy fines, court charges, charges related to prison time/bail, and other miscellaneous fees.an attorney knows how to manage all the expenses wisely. Thus, hiring a defense attorney proves to be a financially sound decision in the long run.

New arbitration working group launched by DIFC courts

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The new arbitration working group is launched by The Dubai International Financial Centre (DIFC) Courts

There are defined panel of experts being allocated for tasks such as sharing and reinforcing developments along with the best practices. There are team of arbitration professional which are surrounded with advisories. This also includes bodies, centers, educational institutions, and industry-related organizations also.

From all over the world, multitude of high-value arbitrations are dealt by the DIFC Courts. Nonetheless, The DIFC court is the most preferred seat of arbitration because this court is particularly chosen by parties. Under the new division of influx, operations are expanded to accommodate. Therefore, this leads to resolving high-value complex commercial disputes by offering a wealth of judicial experiences.

Competing in Arbitration

The Chief Justice, DIFC Courts, Zaki Azmi said “Even though it is not our intention to compete with the arbitration industry when performing as a court but we can complement the offering services of arbitration centers.  Our long-term vision is to work closely with as many experts and industry-specific organizations to gain a better understanding of how we can adjust and modify our Court services to better assist those with arbitration-related disputes.”

Due to enormous increase in arbitration related cases, it became a mandate requirement to establish Arbitration Division by the DIFC courts and this has resulted to increase in the process efficiency when it came to review application for interim measures and injunctive relief mechanisms.

The DIFC Courts is also going to empower its specialized Arbitration Division to leverage existing enforcement expertise, helping to ensure certainty of recognition and enforcement of arbitral awards Utilizing its global connect beyond national and regional boundaries of UAE.

The DIFC court is best used by the lawyers, Law firms and companies because they make sure to write the court’s jurisdiction into their contracts for dispute resolution.  the DIFC Courts can also be chosen as a ‘default’ seat/supervisory court for arbitration-related disputes.

Technology adoption due to Pandemic.

Considering the current situation of pandemic (COVID-19), All the services by the DIFC courts are provided through advanced technology infrastructure which can be accessed via smartphones, tablets, or desktop devices. Because of the technology advancement the access to court justice has also increased with the help of first fully digitally integrated e-Courtroom and Case Management System in 2016, as well as the region’s first ‘paperless’ e-bundling solution in 2018.

No work is restricted or stopped however, in recent months the new Arbitration Division has heard applications via teleconference and released Court Orders and Judgments digitally. The Arbitration Working Group launched its inaugural meeting via videoconference on October 1, discussing its functions and objectives, as well as next steps for the taskforce.

Anti-discrimination in UAE

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No discrimination against ‘People of Determination’ in public and private sectors.

As per the Resolution No. 43 of 2018 in support of the ‘people of determination’ it is their aim to support the rights of ‘people of determination’ specifically in the employment field wherein they can have access to the opportunities in the labor market.

 To protect the rights of ‘people of determination’ the government entities are the concerned one for the resolution and they also make sure the right to work on an equal basis with others are not being discriminated.

The resolution also focuses on  the need to provide working and health conditions for ‘people of determination,’ and it also ensures that their services are not getting terminated as well they are not being forced for retirement due to any disability unless the person has reached the specific retirement age either it is declared by the  competent medical committee decision stating they are not fit to work.

Furthermore, it stipulates that the private sector should be encouraged to integrate ‘people of determination’ into their institutions and grant them exemptions and privileges.

Protection from abuse policy ‘People of Determination’

The  People of Determination Protection from Abuse Policy is utilized in all forms neglect and abuse of people of determination. This elaborates on depriving the people of determination from their basic rights to care, rehabilitation, medical care, recreation or community integration.  It also condemns using such people to get material profits and not spend on them.

Role of Police and Public Prosecution in Criminal Case

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The prime responsibility of police is to safe guard the public. Initially it is their duty to take statements from complaints and witnesses, arrest, suspects, carry out investigations as well as execute orders from public prosecution to assist the investigation process.

The criminal action can be taken once the complaint is filed with the local police in the jurisdiction according to the committed offence.

The police may take the statements of any parties involved during the time of investigation. However, within 48 hours of the complaint being filed, the local police refer the matter to the prosecutor’s office.

The accused must be questioned with 24 hours by the public prosecution and then the order can be released either to arrest or release as per Article 47 of the law.

Article (47)

The judicial police officer must hear the deposition of the accused immediately upon his arrest, apprehension and arraignment and if he does not submit proof of his innocence, he shall be sent, within forty-eight hours to the competent public prosecution.

The public prosecution shall interrogate the accused within twenty-four hours then it shall order either his arrest or his release.

How and what legal actions are taken to resolve real estate disputes (Dubai).

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In Dubai Real estate is considered to be one of the major business.it also contributes higher portion of the Overall economy of the country toward the GDP as acknowledged real estate comes into one the popular industries. However, their disputes are sometimes inevitable.

If you fall prey of any sort of real estate issues in Dubai, it becomes very important to seek advice from property lawyers and professional legal consultants in Dubai. This will help to protect the legal rights and receive justice as well.

Additionally, it is very important to know the steps associated to be taken for successful resolution of the conflict. It is necessary to seek advice from specialist real estate disputes lawyers in Dubai before taking any legal action. However, following this you will be sure about what actions has to taken to avoid any legal troubles.

After contacting specialist property lawyers and real estate disputes lawyers in Dubai, you may be advised to take these legal actions for resolution:

  1. Negotiation:

Negotiation comes into picture wherein all the parties needs to address the conflict to reach towards a mutual beneficial solution. The discussion takes place preserving the rights of all the parties. Defined guidance is provided by the Property lawyers in negotiation keeping all the factors in mind However, it’s the decision on parties on what they are ready to agree upon.

  1. Mediation:

Coming towards the next step which is Mediation, in this step involved parties face difficulties to reach an agreement by themselves. there is an involvement of a third-party mediator, to help the affected members come to an agreement. Moreover, the final decision is made by the parties involved and not by the mediator.

  1. Arbitration:

The cost-effective way to reach a final decision is Arbitration. this works when Negotiation and Mediation is unsuccessful. Here, the case will be presented to an arbitrator, who will thoroughly review the case and give a final decision, in accordance with the real estate laws in Dubai.

  1. Litigation:

The last effective option for a resolution is Litigation. Here both the said parties will hire a real estate dispute lawyer and will further defend themselves in the court of law. Litigation is considered to be the last resort for dispute resolution because it very expensive as well as it is considered to be the time-consuming process.

Civil Cases – (Filing a lawsuit)

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To file a lawsuit the litigant or his/her representative is required to submit a ‘statement of claim’ along with the supporting documents to the Case Management office into the court. Either there can be creation of electronic records for such lawsuits. Initially A copy of the litigant’s claim is to be received by each defendant.

The statement of claim mainly includes: –

  • The Personal details and address of both the litigant and the defendant.
  • the subject-matter of the lawsuit.
  • The grounds and request.
  • the date of submission of the lawsuit to the Case Management Office.
  • The court before the law suit is filed.
  • The signature of the litigant or his or her representative.

A copy of a contract is required if the case is related to nullification, revocation or validation.

The UAE’s Ministry of Foreign Affairs and International Cooperation, they must attest the original judgement for implementation if the judgement is issued in abroad  ( If enforcing a foreign judgment before UAE courts )

As per the UAE court, documents presented must be in Arabic language; otherwise it must be translated into Arabic by a legal translator approved by the UAE’s Ministry of Justice.

If the law suit is to be submitted to the attorney, it has to be signed by the litigant itself. After submitting the documents, the litigant or the attorney will be asked to pay the court fee based on the type of the case.

The court will give the case number and the date of hearing. There will be a notification on the defendant within 10 days from the statement filing date and this will be done by the clerk of the court (the bailiff).

According to the provisions of the UAE Civil Procedures law, section 3, the litigant has to make sure that the court has the jurisdiction to hear the particular case.

For further detailed information please refer to the following links:

Rights and obligations of individual in criminal cases

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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

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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.