Just as threatening the title of this article may seem, the consequences of a returned cheque or a bounced cheque can be similar in UAE. Unlike other countries, UAE imposes strict criminal charges...
One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to:Federal Decree-Law No. 35 of 2022, on Promulgating the...
From past several decades and in almost all countries, contracts entail an implied guarantee of good faith and fair practices. Although, UAE is a civil law jurisdiction along with implication of...
"The freedom of movement and residence will be granted within limits of laws" quotes from Article 29 of the UAE constitution offers freedom and simultaneously curtail it on the basis of law. It...
Domestic violence is a serious issue that affects people all over the world, including the United Arab Emirates (UAE). Fortunately, for the UAE the government in 2019 launched the Family protection...
The UAE is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which protects against the retention of children across international borders and seeks the...
Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside...
Legal PrincipleThe waiver of a right to refer a dispute to arbitration could be express or implied. However, such a waiver has to be clear and unambiguous so as to avoid doubts about the intent of the...
The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects...
An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree with the court or arbitration centre to appoint...
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...
In this case, the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have...
Legal PrincipleUnder normal circumstances, it is presumed that Arbitration procedures have been complied with by all concerned parties. The burden of proof to prove the contrary shall fall on the...
A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios.First is when the arrest order issued by Judicial Officers. The law...
The public prosecutor charges the accused with theft. The exception to this rule ids situation where theft is committed between siblings, parents, and children or spouses, and no third party rights...
Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.