Archive for the "Legal" Category

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Family Law – Finance | Capital, Property

What powers does the court have to allocate financial resources and property on the breakdown of marriage? The court will not automatically consider the financial position of a separating couple unless an application is made to the court. Unless the parties are Muslim and a marriage contract is in place which they seek to enforce, […]

Criminal Law – Road Traffic Injury in the United Arab Emirates

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim. If you were a […]

Divorce For U.A.E Resident Under U.A.E Family Law and Hindu Marriage Act 1995

In a recent Supreme Court case decision, according to Article 13 of the personal status law, court of cassation applied foreign law in a divorce matter. As per Article 13, either party has a right to request to the court to apply foreign law (ie place where marriage was contracted) in their divorce matter. As […]

Extradition Article: Guidelines

Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started. Moreover, the role of the prosecution is to […]

Extradition Article: Procedures

Procedures of the UAE to deliver a suspect of Extradition 1. If there is a convention between UAE and another country for extradition, this will take priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced. Therefore, the procedures of extradition are […]

Know Your Labor Rights in the United Arab Emirates

Some Employees do not know their rights upon the termination of their employment contracts, so the issue has to be carefully considered. Introduction – This article shall elaborate on the duties employer’s regarding registration of employees and the rights of employees after the termination of their labor contracts in the UAE. In general terms, all […]

Banking Law – An Introduction to Corporate Guarantee

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 […]

Banking Law – An Introduction to Personal Guarantee

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 […]

Family Law – Jurisdiction and Conflict of Law

1. Sources of Law 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and […]

Arbitration Article Series IV: Enforcing Arbitration Awards

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 […]