Practice Areas
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The Civil Law
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Banking & Finance
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Criminal Law
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Litigation
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Debt Recovery
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Company Establishment
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Real Estate
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The Civil Law
The Civil law
The Civil law is the law system that is applied in the UAE and has a lot of aspects that differs from the Common Law system. Our legal staff specializes in all Civil Law cases, which includes the day-to-day issues that any individual, business, or organization may face. We have handled insurance claims involving damages, reimbursement, and debt collection, as well as breach of contract, performance orders, and contractual responsibilities.
Our lawyers can assist with contract drafting and due diligence for potential hazard sin order to protect our clients’ interests in a proactive manner
Our lawyers have a wide range of expertise dealing with banking and financial issues. In relation to local and international banks and financial institutions, funds, private equity, trustees, and a variety of other money structures, we give legal advice that our customers can trust.
We help our clients with loan agreements, guarantee agreements, commercial disputes, and bank-related lawsuits by reviewing and preparing them.
Our lawyers can assist with contract drafting and due diligence for potential hazard sin order to protect our clients’ interests in a proactive manner
Criminal Law
The United Arab Emirates is regarded as one of the safest countries in the world. Nonetheless, there are numerous criminal situations in general. Theft, forced robbery, domestic burglary, fraud and breach of trust, as well as sexual assault and abuse, are the most common individual crimes. The UAE, on the other hand, is seeing an increase in the number of organizations that execute a large number of financial, banking, and commercial operations.
Fraud, falsification of documents, bounced checks, and breach of trust are all crimes that occur in the business and corporate sectors. Our attorneys have more than 21 years of expertise handling criminal cases of varying degrees of intricacy. Our legal experts work to ensure that a criminal case is successfully completed.
Litigation
In the UAE, a debtor’s financial responsibilities might take many different forms depending on the nature of the connection. Any money borrowed by a debtor from a UAE financial institution through credit products (credit cards or loans), cheques, rent payments, and security cheques are examples of such relationships. Some of these debts may have arisen as a result of an express or inferred financial commitment. In the UAE, failure to pay any of the aforementioned types of debt makes the defaulter responsible under both criminal and civil laws. Our Partners specializes in all aspects of collection, including dispute resolution, mediation, negotiation, and settlement, as well as criminal and civil litigation.
Through the following services, we may represent the client, whether a debtor or a creditor, and resolve debt collection issues:
- Legal counsel
- Serving legal notifications against the debtor and collecting the relevant information on his activity
- Drafting settlement agreements; Make a police report against the debtor
- Litigation in criminal and civil courts
- Execution of court judgements
Almost all foreigners intending to do business ‘onshore’ (outside of designated business zones known as ‘free zones’) in the UAE must associate with a UAE resident or a company fully owned by UAE nationals, according to the UAE legal framework. However, it is important to note that the preceding is currently being reviewed in reference to specific industries.
Foreign businesses can operate from the UAE by registering an overseas branch and entering into a contractual sponsorship agreement with a local party, or by forming a limited liability company (LLC) in which local partners hold a majority of the issued shares (though not necessarily the economic rights), or by forming Free – zone Companies and Establishments; Offshore Companies.
The real estate market in the United Arab Emirates is one of the largest in the world. Any investor can participate. Developers work on a variety of completed and off-the-plan projects where potential property owners can benefit from things like residency visas, business opportunities, and investment opportunities.
The competent authorities in the real estate sector handle a variety of disputes, including the termination and deregistration of purchase contracts, the cancellation of investors’ bounced checks, rental disputes between landlords and tenants, court litigation and arbitration, and broker breach of agreements, among others.
The Civil law
The Civil law is the law system that is applied in the UAE and has a lot of aspects that differs from the Common Law system. Our legal staff specializes in all Civil Law cases, which includes the day-to-day issues that any individual, business, or organization may face. We have handled insurance claims involving damages, reimbursement, and debt collection, as well as breach of contract, performance orders, and contractual responsibilities.
Our lawyers can assist with contract drafting and due diligence for potential hazard sin order to protect our clients’ interests in a proactive manner
Frequently Asked Questions
The means of dispute resolution are multiple, for example, the use of courts and arbitration. The UAE courts have two instances of litigation (first instance and appeal courts).
However, arbitration takes place on one instance only and litigants seek it for speedy settlement of the dispute and ensuring the judgment by an arbitrator specialized in the subject of dispute.
The parties of the dispute can specify the place to attend the hearings, the language of the arbitration proceedings, the different time periods and many procedures they agree upon to facilitate the resolution of the dispute.
Arbitration is done by an arbitrator or a tripartite arbitration committee, either through a specialized center (within one of the approved arbitration centers) or by external free arbitration.
After the arbitral judgment is issued, it shall be executed by the State Courts.
With issuance of Decree-Law No. 14 of 2022 applicable as from 2 January 2022, the crime of giving a cheque without balance was cancelled and the legislator dropped the penalty for this crime, which is the most common among the clients of the cheque.
But the punishment continued for the following crimes:
– Giving a non-withdrawable check.
– If the total amount is transferred or the account is closed before the cheque is issued.
– Signing of the cheque with a non-conforming signature of the bank.
– Issuing an order from the issuer of the check to the bank to stop cashing the check.
The new legislation introduced new ways of collecting the cheque; there’s now a partial collecting of cheque and opening a direct execution file against the source of the cheque. However, the law stipulated that the reason for the bank’s refusal is absence of balance or insufficient balance only. Other than these cases, normal procedures are taken to claim the value of the cheque by referring a notice of payment and then issuing a performance order.
– As the relationship was regulated by a contract between the parties, the developer must execute the contract in good faith and execute all the requirements of the contract.
– As the contract between the parties is a binding contract on both parties, the developer may not return, modify or terminate by a party, but the contract must be executed on all its terms.
– Any breach by the developer requires compensation or termination and compensation only according to the case and based on the buyer’s damages, both in terms of the developer’s breach or unilateral termination of the contract.- If the sale is on the map, the developer must register the sale in the initial register of the Land and Property Department.
– The developer must complete the execution of the sold unit at the agreed time and according to the specifications agreed upon in the contract.
– If payments are linked to the rate of achievement, the developer has not right to claim advance payments that exceed the percentage achieved in fact. The developer is negligent of its obligation if he does not achieve a percentage equal to the amounts received.
– Delaying in execution and breaching of specifications on the part of the developer that allow the buyer to claim termination of the sale contract and compensation.
– The space for the sale must not be less than 5% of the contract agreed and if it was less than that, the compensation for it would be deserved and anything more than, the developer had not right to claim.
– The developer must deliver the seller the origin of the sales contract.
– The developer must open an escrow account for the project and deposit all amounts received from buyers in the escrow account and not dispose of them, excepting for project execution works only.