#Lawyers in Dubai

[al-dhaheri-international]

Mediation and Conciliation in Civil and Commercial Disputes: A New Horizon

With the launch of the Mediation Rules by the Dubai International Arbitration Centre effective from 01 October 2023, the UAE has introduced a significant piece of legislation at the federal level, consolidating Mediation and Conciliation specifically in Civil and Commercial Disputes viz. Federal Decree Law №40 of 2023 (the “Decree-Law”) which will come into effect on 29 December 2023, thereby repealing Federal Law №6 of 2021 on Mediation in Civil and Commercial Disputes which regulated both the judicial and non-judicial Mediation; and Federal Law №17 of 2016, as amended by Federal Law №5 of 2021, which governs Conciliation and regulates the establishment of court-annexed Conciliation and Mediation centres for civil and commercial disputes; ushering in a new era for alternative dispute resolution (“ADR”) in the UAE.

By nature, the concept of Mediation and Conciliation is profoundly embedded in Arabic culture and Sharia law, as such, the Decree-Law is a welcome step equally for parties and lawyers alike to progress ADR in the UAE. This move aligns with the UAE’s commitment to signing the Singapore Convention on Mediation, announced in March 2022.

Overview

At the outset, Mediation may be conducted in all civil and commercial disputes capable of settlement without conflicting with the existing laws or the public order and morals prevailing in the UAE, without prejudice to the provisions of the local laws that regulate Mediation. This is in accordance with Article 8 of the Decree-Law, while Article 27 of the Decree-Law states about the exclusive competency of Mediation and Conciliation Centre (the “Centre”) to conciliate civil and commercial disputes (i) whose value does not exceed five million (5,000,000) dirhams; and (ii) between spouses or relatives up to the fourth degree, regardless of their value. The adversaries may agree to resort to the Centre for Conciliation of civil and commercial disputes whose value exceeds five million (5,000,000) dirhams, whether before a case is filed or while it is being heard.

That said, as outlined in Article 28 of the Decree-Law, certain disputes do not fall within the jurisdiction of the Centre viz. (i) urgent and interim orders and cases; (ii) cases to which the government is a party, (iii) rental cases heard before special rental dispute committees, (iv) labor cases, personal status cases; and (vi) any other cases decided to be heard before a Centre, committee or other entity of similar jurisdiction.

Establishment of Centres

The Federal Judicial Council (the “Council”) or the chairman of the local judicial authority may establish one or more Centre(s) for Mediation and Conciliation within the territorial jurisdiction of the first-instance courts; and shall issue pertinent regulations to govern the work and operations of the Centre(s). There is also scope for establishing special Centre(s) for Mediation and branches of foreign Mediation Centre(s); with court or the local judicial authority having supervisory authority on its working and formulating the general policies.

Remote Mediation and Conciliation Platform

Article 4 of the Decree-Law empowers the Mediators and Conciliators to conduct Mediation and Conciliation meetings through electronic means and remote communication, subject to regulations and procedures issued by the Minister of Justice, based on the approval of the Council or the chairman of the local judicial authority.

Mediators and Conciliators Accreditation Processes

The Federal Judicial Inspection Department or the local judicial authority shall maintain a roster for registering Mediators from amongst those registered in the experts’ schedule at the Ministry of Justice or with the local judicial authorities, and the expert Mediators named by a decision of the Council or the chairman of the local judicial authority. Normally they shall be selected from amongst retired members of the judiciary, lawyers registered in the schedules of practicing and non-practicing lawyers. Qualification includes practice of the profession for a period of not less than five (5) years prior to their registration in the non-practicing lawyers’ schedule, and other highly qualified experts and international experts in the legal and business fields, who are known for their expertise, integrity and impartiality. Furthermore, Article 15 of the Decree-Law allows appointment of any natural or legal person, known as Private Mediator, entrusted by the Parties with the task of Mediation to amicably resolve the dispute between them, and not registered on the Mediators’ Lists.

The appointment of Conciliators follows a procedure similar to employment. The Federal Judiciary or the president of the local judicial authority will establish the qualification for the post of a Conciliator. The Conciliators must take a legal oath before assuming their duties, and shall be subject to a specific compensation scheme.

Confidentiality and Non-disclosure

The documents and information submitted or agreements or concessions made by the parties to the disputes submitted for Mediation or Conciliation (the “Parties”), and Mediation and Conciliation procedures as a whole are treated with utmost confidentiality, as envisaged in Article 5 of the Decree-Law; except with the consent of the Parties, or as required by law. Exception further extents to document(s) prepared by the Mediator or the Conciliator and signed by the Parties, including the Settlement reached to resolve the dispute, in whole or in part, between them; and the documents and instruments necessary for its enforcement. Failure by the Mediator or Conciliator to adhere to the confidentiality and non-disclosure obligations stipulated herein, attracts disciplinary actions according to Article 40 of the Decree-Law, without prejudice to the provisions of civil and criminal liability.

Prohibitions on the Mediator and Conciliator

Article 6 of the Decree-Law prohibits the Mediator and Conciliator from acting as an arbitrator or expert in the dispute, or accepting to be an attorney in a dispute against any of the Parties regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising from it, even after the completion of the Mediation or Conciliation procedures, unless the Parties agree otherwise. Prohibitions further extents to giving testimony against any of the Parties to the dispute regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising therefrom, even after the completion of the Mediation or Conciliation procedures, unless authorized by the concerned party or the Parties agree otherwise, except in cases where the testimony is related to a crime; and in case of acting as a Mediator or Conciliator in a dispute where one of the Parties is a spouse or a relative up to the fourth degree by blood or marriage.

Parallel Mediation and Conciliation Structures

While the previous separate federal laws on Mediation and Conciliation laws are now consolidated, these two parallel structures continue to co-exist under the Decree-Law. Concerning Conciliation, under the court-annexed system, mandatory Conciliation is a prerequisite for specific types of disputes prior to litigation proceedings, and with regards to Mediation, voluntary process that can be initiated either through contractual agreement or by court referral, subject to the Parties mutual consent applies. Here, the chief difference is with the role of the “Mediator” opted by the Parties i.e., while in the Mediation process, the Mediator acts as a facilitator aiding the Parties to arrive at an agreement using the Mediation techniques; however, in the Conciliation process, the Mediator only suggests possible paths to the Parties in order to resolve the dispute. Precisely, both the structures share a common goal, which is amicable resolution of the disputes, whether before, or at the stage of the legal proceedings.

Consensual Mediation

In enforcing the agreement between the Parties made either before or after the occurrence of dispute, with the aim of resorting to Mediation for the Settlement of the dispute (“Mediation Agreement”), the Parties may directly resort to the Center to settle the dispute between them, before filing a lawsuit, as per Article 11 of the Decree-Law. This is Consensual Mediation, the initiation of which interrupts legal and judicial deadlines and only resume upon the completion of the Mediation, unless it is concluded by the Parties signing a Settlement Agreement. The procedures for Consensual Mediation are set out in Article 12 of the Decree-Law. In pursuance of Article 13 of the Decree-Law, the court before which a case is filed regarding a dispute brought before a Mediator in enforcing the Medication Agreement, shall decide suspension of the case until the completion of the Mediation procedures, if the defendant urges therefor before making any request or submission on the merits, unless the court finds that the Mediation Agreement is void or impossible to be enforced. The filing the case shall not however, preclude the initiation or continuation of Consensual Mediation procedures.

Court-Referred Mediation

Court-Referred Mediation occurs by virtue of a referral decision made by the subject-matter court competent to hear the lawsuit (“Competent Court”), at any stage of the case, whether proposed by the court with the Parties’ consent or upon their request. Article 14 (3) stipulates that the referral decisions issued by the Competent Court cannot be appealed by any ordinary or extraordinary means of appeal. Mediation shall end as per Article 21 of the Decree-Law if the Parties (i) sign a Settlement Agreement; (ii) agree to end the Mediation before reaching a Settlement Agreement for any reason; (iii) if one of the Parties informs to the Mediator or the Centre of their wish to participate in or continue Mediation; (iv) if the Mediator notifies the Centre, in writing or electronically, that the Mediation: (a) is futile and that there is no possibility of reaching a resolution to the dispute; (b) has been ended due to the absence of any of the Parties from two consecutive Mediation sessions without excuse; and (v) if the Mediation period expires without being renewed.

In all the above cases, the Mediator shall, upon the end of Mediation, deliver to each party any memoranda and documents they presented, and they may not retain them or copies thereof, and shall send a written or electronic report to the Centre on the result of the Mediation within three (3) working days from the date of ending the Mediation for any reason. The Centre shall notify the Parties and the Competent Court, within three (3) days, of the report and the result of the Mediation.

End of Mediation

Mediation if concluded successfully can end by signing the Settlement Agreement. The ratification process of the Settlement Agreement follows three tiers. i.e., from the Mediator to the Centre and finally to the Court. The Mediator shall submit a report to the Centre along with the Settlement Agreement, which the Centre shall send it to the Court within 3 working days. As a final step, the Court shall ratify the Settlement Agreement and issue a decision to end the dispute, wholly or partially, at a session to be scheduled within seven (7) working days from the date of its receipt of the Settlement Agreement. After its ratification, the agreement shall become a writ of execution and an exequatur shall be affixed thereto upon the request of all Parties or one of them, in light of the terms of the agreement submitted to it, and shall be executed according to the procedures stipulated in the Federal Civil Procedure Law.

That said, the aggrieved party has the rights to object or challenge ratification of the Settlement Agreement, by filing an annulment case before the competent Court. The party seeking annulment shall prove one of the reasons viz. (i) lack of legal capacity of one of the Parties to the Settlement Agreement or diminished capacity at the time of its conclusion, (ii) no Settlement Agreement or if the agreement was void or voidable, or if it was made after the expiry of the Mediation period; or (iii) if one of the Parties was unable to present their defence due to invalid service of process or notification of the Mediation procedures or due to them not having been aware thereof for any other reason beyond their control. Pursuant to Article 24 (2) of the Decree-Law, the judgment issued by the court in the annulment case shall be final and can only be appealed through cassation.

Settlement before the Conciliator

If a settlement is reached between the Parties before the Conciliator, either in whole or in part, this shall be recorded in a minutes signed by the Parties and the Conciliator. These minutes shall be ratified by the Supervising Judge, have the force of a writ of execution and the same binding force of court judgments, and are not subject to appeal by any means of appeal. Upon ratification, the minutes shall be affixed with an exequatur upon the request of all or any of the Parties, free of charge, and shall be executed in accordance with the procedures stipulated in the Federal Civil Procedure Law.

Conclusion

The enactment of the Decree-Law marks a pivotal moment for Mediation and Conciliation in the UAE, offering a unified platform for resolving disputes not just in property and construction disputes but in other Civil and Commercial disputes as well.

Recommendation

Whether you are navigating construction disputes, real estate intricacies, or commercial contracts, having a reliable Dubai Lawyer is crucial in providing comprehensive services across various legal domains. Dubai Lawyers and Dubai Law Firms play a pivotal role in addressing a spectrum of legal needs. Considering the legal landscape in Dubai, individuals and businesses can benefit from the expertise of seasoned Dubai Lawyers.

Our record of representing clients in Mediations and ADR procedures throughout the UAE speaks volume. Thus, we recommend for a comprehensive understanding and implementation of the new legislation, consider consulting the seasoned lawyers at Al Dhaheri International Advocates & Legal Consultants, renowned for their expertise in mediation and alternative dispute resolution throughout the UAE.

                                                                    Written by — Dr. Sherina M. Saji

[beeverlyhills]

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[bestlawyersindubai]

The leading lawyers in dubai and law firms in Dubai offer expert legal counsel across all practice areas including corporate law, real estate, family matters, employment disputes, litigation and more. Highly experienced attorneys delivering stellar representation and ensuring optimal outcomes for clients. Respected throughout the region for their legal acumen and commitment to client service.

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Strategic Solutions - Dubai's Proven Methods for Corporate Dispute Resolution

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A complete guide to Defend against Abuse of Power of Attorney

Power of Attorney is a legal document that establishes the relationship between two parties. Power of attorney is used worldwide. In the UAE, Power of Attorney in Dubai is a practical option. Primarily, the abuse or misuse of power of attorney affects vulnerable individuals. The agent who has POA gets the access to principal's sensitive information. It might include information e.g. legal, financial, medical, and personal affairs, finances, properties etc. Some of the common forms of abuse are explained in detail below:

Medical Insurance Abuse is quite common in practice. Breach of Agent's Responsibilities is also another type of abuse that takes place. The agent has to act in the best interests of the principal. This may include keeping them informed about all the financial and medical matters. One may not inform the principal about the vital information. 

·       The decision which is made by the agent but without consultation are also an abuse of power. Besides, the decision made without obtaining consent from the principal is also a sign of misusage. 

·       Unfamiliar documents presented are also covered under the misuse of POA. 

·       There might be reluctance or refusal to communicate with the agent. Moreover, failure to provide financial information or records to the principal also constitutes a sign of abuse.

Certain steps will potentially allow the principal to defend themselves against the abuse. Initiate by selecting the most trusted and close individual as the agent. Furthermore, it is essential to exercise extra caution and care when granting POA to any agent. The victims of the power of attorney abuse need to take up the help of law firms in the UAE. The abuse of POA is quite common in the UAE which may include financial exploitation. This is a criminal offense under the federal law of the UAE.

If abuse is suspected, individuals can seek guidance from lawyers and legal experts. The law firms in the UAE have advocates and lawyers who specialize in drafting power of attorney. They take on the work related to legal documentation and also provide attestation services. Power of Attorney is a powerful tool that can easily be abused if not managed adequately. By selecting trustworthy agents and staying vigilant one can avoid the signs of abuse. 

Besides, if you are a victim of abuse take up legal assistance from lawyers. The law firms in the UAE provide you with invaluable services and better insight into legal recourse when needed. The lawyers work on behalf of individuals and ensure to protect them from exploitation, misusage, and abuse of POA. As a result, it will ensure that the affairs are managed in their best interests.

For further details and important information, we suggest to book the legal appointment with advocates and legal consultants. It will save a long route, and it will save the inconvenient of hiring the lawyers but late. We suggest you,

Connect us on Social Media.

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A guide to finding the Best lawyer in India

Step-by-step guide to help you find the best lawyer in India:

Identifying legal needs: Determine the specific area of law one requires assistance with, such as criminal law, civil law, family law, corporate law, etc. This will help one narrow down the search for a lawyer with expertise in that particular field.

Research online directories: Utilize online directories that provide a comprehensive list of lawyers in India. Websites like Xperts Legal, which provides for a pool of legal experts in their fields, allows one to search for lawyers based on location, practice area, and other relevant filters.

Check credentials and experience: Once you have a list of potential lawyers, research their credentials and experience. Look for their educational background, years of practice, bar association membership, and any additional certifications or accolades. This information is available on Xperts Legal.

Schedule consultations: Contact the lawyers on your shortlist and request an initial consultation. Many lawyers offer a free or reduced-cost initial consultation to discuss your case or legal needs. This meeting will allow to assess their communication skills, knowledge, and compatibility with your requirements.

Discuss fees and payment structure: Inquire about the lawyer’s fee structure during the consultation. Understand how they charge, whether it’s an hourly rate, a fixed fee, or a contingency basis. Clarify any additional costs, such as court fees or administrative expenses.

Consider specialization and expertise: If your legal matter is complex or requires specialized knowledge, consider hiring a lawyer with expertise in that specific area. Specialized lawyers are often better equipped to handle intricate legal issues and provide effective representation.

Importance of finding the best lawyer in India

Legal expertise and knowledge:

Protecting rights

Strategic guidance:

Legal representation:

Efficient handling of legal matters:

Access to networks and resources:

Alternative dispute resolution:

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Global Solutions, Local Expertise: Al Reyami Advocates and Muhyealdeen International Legal Consultants

Global Solutions, Local Expertise: Al Reyami Advocates and Muhyealdeen International Legal Consultants

In the bustling cosmopolitan landscape of Dubai, where businesses converge from around the globe seeking opportunities in a thriving economy, the role of skilled legal practitioners cannot be overstated. Amidst the vibrant business environment of Dubai, Al Reyami Advocates and Muhyealdeen International Legal Consultants emerge as pillars of legal expertise, offering a unique blend of global solutions and local expertise to clients navigating the intricate legal terrain of the city.

Navigating Dubai's Legal Maze

Dubai's legal framework is a complex tapestry woven from both local regulations and international standards, reflecting the city's position as a global business hub. For businesses and individuals operating in Dubai, understanding and complying with these legal intricacies is paramount to success and sustainability. This is where the expertise of seasoned lawyers in Dubai, such as those at Al Reyami Advocates and Muhyealdeen International Legal Consultants, becomes indispensable.

Expert Guidance from Dubai's Legal Experts

With a deep-rooted understanding of Dubai's legal landscape, our team of lawyers possesses the knowledge and experience necessary to provide clients with expert guidance on a wide range of legal matters. From corporate law and commercial transactions to real estate and dispute resolution, our lawyers in Dubai offer comprehensive legal services tailored to meet the diverse needs of our clients. Whether representing multinational corporations, small businesses, or individuals, our focus remains unwavering: to provide strategic counsel and effective solutions that drive success.

Global Insight, Local Application

While our expertise is firmly rooted in Dubai's legal system, we recognize the importance of a global perspective in today's interconnected world. Through our extensive network of affiliations and partnerships with leading law firms and practitioners worldwide, we offer clients access to a wealth of global resources and insights. This global reach allows us to provide clients with innovative solutions that transcend borders while remaining grounded in the local context of Dubai. Our lawyers leverage this global insight to offer clients the strategic advantage they need to navigate complex legal challenges in an increasingly globalized marketplace.

Tailored Solutions for Every Client

At Al Reyami Advocates and Muhyealdeen International Legal Consultants, we understand that every client is unique, with their own set of objectives, challenges, and priorities. That's why we take a personalized approach to every case, working closely with clients to understand their needs and develop tailored legal solutions that align with their goals. Our lawyers in Dubai are committed to delivering results-oriented legal services that address the specific needs of each client, ensuring that they receive the highest level of representation and support.

Excellence in Legal Practice

Excellence is not just a goal at Al Reyami Advocates and Muhyealdeen International Legal Consultants; it is a standard that permeates every aspect of our legal practice. From the quality of our legal services to the professionalism of our lawyers, we uphold the highest standards of excellence, integrity, and ethical conduct. Our dedication to excellence has earned us the trust and confidence of clients across Dubai and beyond, establishing us as one of the leading legal firms in the region.

In conclusion, Al Reyami Advocates and Muhyealdeen International Legal Consultants epitomize the concept of global solutions with local expertise in Dubai. With our deep understanding of Dubai's legal landscape, coupled with our global insight and commitment to excellence, we are well-equipped to provide clients with the highest level of legal representation and guidance. Whether navigating complex legal challenges or seizing new business opportunities, clients can trust our team of experienced lawyers in Dubai to provide the strategic counsel and effective solutions they need to achieve their objectives and protect their interests in today's dynamic business environment.

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[abudhabilawyers]

What are the procedures for enforcing foreign judgments in Dubai?

Enforcing foreign judgments in Dubai involves a structured legal process governed by UAE law. Law firms in Dubai are adept at navigating these procedures to help clients achieve successful enforcement of foreign judgments. Here’s a detailed look at the steps involved:

1. Recognition of Foreign Judgments

The initial step involves the recognition of the foreign judgment by a Dubai court. This is essential because a foreign judgment cannot be directly enforced without being recognized by the local judiciary. Law firms in Dubai assist clients in filing the necessary applications to initiate this process.

2. Filing a Petition

To begin enforcement, a petition must be filed with the Dubai Court of First Instance. The petition should include:

A certified copy of the foreign judgment.

An official translation of the judgment into Arabic.

Proof that the judgment is final and binding.

Evidence that the defendant was properly served and given the opportunity to present their case in the original court proceedings.

Law firms in Dubai prepare and submit these documents, ensuring compliance with local legal standards.

3. Legal Basis for Enforcement

Dubai courts will consider several factors before recognizing a foreign judgment:

Reciprocity: The judgment must originate from a country that reciprocates by enforcing UAE judgments.

Due Process: The original court must have followed due process and provided fair treatment to all parties.

Public Policy: The judgment must not contravene UAE public policy or Islamic Sharia principles.

Jurisdiction: The foreign court must have had proper jurisdiction over the case.

Lawyers from law firms in Dubai present arguments and evidence to satisfy these conditions, advocating for recognition of the judgment.

4. Court Proceedings

Once the petition is filed, the Dubai court will review the case. The court may:

Request additional documents or clarifications.

Hold hearings to examine the validity and enforceability of the foreign judgment.

Legal representation by experienced lawyers ensures that all procedural requirements are met and that the case is presented effectively.

5. Issuance of Execution Order

If the court is satisfied with the petition, it will issue an execution order. This order authorizes the enforcement of the foreign judgment as if it were a judgment issued by a Dubai court. Law firms in Dubai facilitate this process, coordinating with court officials and ensuring timely issuance of the order.

6. Enforcement Actions

Upon receiving the execution order, enforcement actions can commence. These may include:

Seizing the debtor’s assets.

Garnishing bank accounts.

Other measures to satisfy the judgment.

Law firms in Dubai work with enforcement authorities to implement these actions efficiently.

Conclusion

The enforcement of foreign judgments in Dubai is a detailed process that requires careful navigation of legal and procedural requirements. Law firms in Dubai provide critical assistance at every stage, from filing petitions to representing clients in court and ensuring successful enforcement actions. By leveraging their expertise, clients can effectively enforce foreign judgments and secure their legal rights in Dubai.

[aealqada]

Are you in search of a legal ally who understands the intricate nuances of Dubai law? Look no further than Alqada, a distinguished law firm committed to providing unparalleled legal services in the vibrant city of Dubai. As one of the leading advocates in the region, Alqada stands out for its unwavering dedication to client satisfaction, expertise across various legal domains, and a track record of success.

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ProConsult Advocates & Legal Consultants: A premier legal firm in Dubai, specializing in comprehensive legal services. With a stellar reputation for excellence, our expert team offers strategic counsel in various areas including corporate law, litigation, real estate, and more. Trust us for top-notch legal solutions tailored to your needs in the UAE.

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[bestlawyersindubai]

Finding the best lawyers in Dubai requires careful consideration and research to ensure you secure the most qualified legal representation for your needs. Start by exploring reputable law firms in Dubai, considering factors such as their areas of expertise, track record of success, client reviews, and credentials of their attorneys. Seek recommendations from trusted sources, such as colleagues, friends, or professional networks, and schedule consultations with potential lawyers to assess their understanding of your case and their ability to achieve your desired outcome.

[hhslawyers]

From Debt to Recovery - Dubai's Top Tips for Personal Insolvency Solutions