#best law firms in Dubai

[huffmark]

Best Legal Services in Dubai

Galadari Law stands out as a top law firm with decades of expertise in a variety of legal industries for the best legal services in Dubai. Their knowledgeable staff offers specialized solutions to satisfy your needs, whether related to real estate, company law, conflict resolution, or personal legal issues. Galadari Law, renowned for its professionalism and extensive understanding of UAE law, is a reliable partner for people and companies looking for the best legal counsel in Dubai.

[proconsultadvocates]

Advocates in Dubai

Proconsult Advocate and Legal Consults offer expert legal services with experienced advocates in Dubai. Specializing in a wide range of legal matters, our team provides tailored solutions to meet your needs. Whether for corporate, civil, or family law, trust us to deliver professional, reliable, and efficient legal support. Contact us for expert guidance and representation in Dubai’s legal landscape.

[adglegal]

See our latest Construction piece on disruption costs claims (and a little bit on acceleration as well). Scott Lambert and I share our thoughts on why they often fall down and how they can be made to work. For more details: https://adglegal.com/news/disruption-costs-claims-why-they-struggle-but-are-not-doomed-to-fail/

[othman-advocates01]

Best Law Firms And Legal Consultants in Dubai | Othman Advocates

Othman Advocates Lawyers and legal consultants are One of the best law firms in Dubai. We provide the best legal services in Dubai. Contact us today. If you are looking for best law firms in Dubai, you can contact Othman Advocates.

[elplegal]

Startup Lawyer Dubai - Need legal guidance for your startup in Dubai? Economic Law Partners LLC, a trusted firm, offers expert counsel and support as experienced startup lawyers in Dubai, ensuring compliance, protection, and growth for your entrepreneurial venture. Contact us for tailored legal solutions today!

[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

[johnypage95]

Insurance law in UAE:-

Trust Mayed-Almarashda advocates & legal consultants, recognized as one of the best law firms in the UAE, to exceed your expectations. With a reputation as one of the top legal firms in Dubai, we offer expert legal advice and support. https://mayedadv.ae/en/insurance/

[best-lawyers-in-dubai]

Choosing the Right Real Estate Lawyer

Navigating the complexities of the real estate market requires expertise, especially when dealing with legal aspects that can affect property transactions. This is where real estate lawyers come into play. Whether you are buying, selling, leasing, or investing in property, having an experienced legal professional by your side is essential to protect your interests and ensure a smooth transaction.

Why Hire a Real Estate Lawyer?

In the UAE, the real estate market is highly dynamic and regulated by a mix of local and federal laws. Engaging a real estate lawyer provides several advantages, particularly when it comes to understanding the intricate legal requirements involved. Here are some key reasons why hiring a real estate lawyer is beneficial:

Contract Review and Drafting: Real estate transactions involve complex contracts that outline the rights and obligations of all parties involved. A real estate lawyer meticulously reviews these agreements, ensuring that the terms are clear, fair, and legally enforceable. They can also draft custom contracts tailored to the specific needs of the transaction, minimizing the risk of future disputes.

Due Diligence: Before proceeding with any property purchase or investment, it is essential to conduct thorough due diligence. This process includes verifying the legal status of the property, checking for any liens or encumbrances, and ensuring that the seller has clear ownership rights. A real estate lawyer handles this investigation, providing peace of mind to buyers and protecting them from potential legal pitfalls.

Compliance with Local Laws: The UAE has specific regulations governing real estate transactions, including requirements for foreign investors. Understanding these laws is critical to avoiding legal issues down the line. Real estate lawyers are well-versed in local regulations, ensuring that all transactions comply with the law, whether you are dealing with freehold or leasehold properties.

Dispute Resolution: Disputes can arise at any stage of a real estate transaction, whether it is a disagreement over contract terms, property defects, or delays in payment. Real estate lawyers represent their clients in negotiations, mediations, and even court proceedings if necessary. Their goal is to resolve disputes efficiently, minimizing financial losses and legal complications.

Investment Advice and Risk Mitigation: For investors, navigating the UAE real estate market requires careful planning and strategic decision-making. Real estate lawyers provide valuable advice on investment opportunities, helping clients understand the legal risks and benefits associated with different projects. They assist in structuring transactions to minimize tax liabilities and protect assets, ensuring that investments are legally sound and profitable.

Common Issues Handled by Real Estate Lawyers

Real estate lawyers deal with a variety of legal matters, including:

Property title verification: Ensuring the property has a clear title and is free from legal disputes.

Lease agreements: Drafting and reviewing lease contracts for residential, commercial, and industrial properties.

Property disputes: Handling disputes related to property boundaries, ownership rights, and tenant-landlord conflicts.

Real estate fraud: Investigating and taking legal action against fraudulent property transactions, protecting clients from scams and misrepresentations.

Regulatory compliance: Assisting developers and investors in adhering to local laws and obtaining necessary permits and approvals for construction projects.

Choosing the Right Real Estate Lawyer

Selecting the right real estate lawyer is crucial for a successful transaction. Look for a lawyer with extensive experience in real estate law, a strong track record of successful cases, and in-depth knowledge of the local market. Additionally, a good real estate lawyer should have excellent communication skills, providing clear and timely updates throughout the process.

Reputable law firms in the UAE often have dedicated teams specializing in real estate law, offering comprehensive services tailored to meet the needs of both individual and corporate clients. Whether you are a first-time homebuyer or a seasoned investor, partnering with a skilled real estate lawyer can save you time, money, and potential legal headaches.

Conclusion

In the fast-paced and ever-evolving UAE real estate market, having the support of a knowledgeable real estate lawyer is invaluable. They offer critical insights, help navigate legal complexities, and provide protection against potential risks. From contract drafting and due diligence to dispute resolution and compliance, their role is central to ensuring a successful and legally sound transaction.

Whether you are buying a new home, leasing commercial space, or investing in a large development project, the expertise of real estate lawyers can make all the difference. By safeguarding your interests and providing strategic legal advice, they help you make informed decisions and secure your investments in the UAE's thriving real estate market.

[hhslawyers]

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

[uaealqadaae]

[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.

[proconsultadvocates]

Responsibilities Best Lawyer in Dubai Play

If you’re experiencing family issue, legal advices become a must have thing. A licensed lawyer deals with innumerable family law matters, which are often complex, having high stakes and multi-jurisdictional angle, with utmost ease, care and professionalism.

[adglegal]

Unveiling the Importance of Labour Lawyers in Dubai

Labour laws play a vital role in ensuring fair and just treatment for employees in any given workplace. In Dubai, where the workforce is highly diverse and multinational, it becomes crucial for employees to have access to legal support and guidance when dealing with employment-related issues. This is where labour lawyers in Dubai come into the picture. In this blog, we will delve into the significance of labour lawyers and how they can help employees navigate through complex labour laws in the UAE.

Expertise in UAE Labour Laws: Labour lawyers in Dubai possess in-depth knowledge and understanding of the UAE's labour laws, regulations, and legal procedures. They are well-versed in the Federal Labour Law, which governs employment relationships in the country. This expertise allows them to provide accurate advice and guidance to employees, ensuring their rights are protected.

Contracts and Negotiations: Labour lawyers play a crucial role in reviewing employment contracts, ensuring that they comply with the local labour laws and protect the interests of the employee. They can help negotiate fair terms and conditions, ensuring that employees are aware of their rights and obligations before signing any agreement. In case of disputes related to contracts, labour lawyers can represent employees during negotiations to reach a favorable outcome.

Resolving Workplace Disputes: Workplace disputes can arise in various forms, such as unfair termination, non-payment of wages, discrimination, harassment, or breach of employment contracts. Labour lawyers act as advocates for employees, representing their interests and ensuring that their rights are protected. They can initiate legal proceedings, negotiate settlements, and provide legal representation during mediation or arbitration processes.

Ensuring Compliance: Labour laws in Dubai impose certain obligations on employers, such as providing a safe working environment, timely payment of wages, and adherence to working hours and leave entitlements. Labour lawyers can help employees ensure that their employers comply with these obligations. In case of any violations, lawyers can take appropriate legal action to hold the employer accountable.

Redundancy and Termination: When facing redundancy or termination, employees often feel vulnerable and unsure about their rights and entitlements. Labour lawyers can guide employees through the process, ensuring that proper procedures are followed and employees receive fair compensation. They can also evaluate the grounds for termination and advise employees on the appropriate course of action.

Conclusion: Labour lawyers in Dubai are essential for safeguarding the rights of employees in the dynamic and diverse workforce of the city. They provide legal support, guidance, and representation to employees, ensuring their interests are protected in accordance with the UAE's labour laws. Whether it is reviewing contracts, resolving disputes, or navigating through complex legal procedures, labour lawyers play a crucial role in promoting fairness and justice in the workplace. If you find yourself facing any employment-related issues, it is advisable to seek the assistance of a knowledgeable and experienced labour lawyer to ensure your rights are upheld.

[somirejinish]

Navigating Legal Waters: A Comprehensive Guide to Finding the Best Legal Representation in Dubai

In the dynamic landscape of Dubai's legal domain, securing adept legal counsel is paramount for individuals and businesses alike. Among the myriad options available, Somi Rejinish Lawyer emerges as a beacon of excellence, offering a spectrum of legal services tailored to diverse needs.

As a leading law firm in Dubai, Somi Rejinish Lawyer prides itself on its commitment to professionalism, expertise, and client-centric approach. With a team of seasoned legal experts, including top legal consultants, legal advisors, and experienced lawyers, the firm stands out for its unwavering dedication to delivering optimal results for its clients.

For those navigating criminal law matters in Dubai, Somi Rejinish Lawyer boasts a cadre of adept criminal lawyers with a deep understanding of local laws and regulations. From defending clients against criminal charges to providing strategic legal counsel, their expertise ensures comprehensive legal representation at every stage.

In the realm of corporate law, Somi Rejinish Lawyer shines as the go-to destination for businesses seeking sound legal advice and representation. Their corporate lawyers possess a wealth of experience in navigating complex corporate transactions, regulatory compliance, and dispute resolution, making them invaluable allies for businesses operating in Dubai's vibrant corporate landscape.

Moreover, Somi Rejinish Lawyer caters to the diverse legal needs of individuals and businesses alike, offering specialized services in areas such as commercial law, real estate law, family law, and international law. Whether it's drafting contracts, resolving disputes, or navigating intricate legal frameworks, their team of professional lawyers ensures meticulous attention to detail and a steadfast commitment to achieving favorable outcomes for their clients.

One of the hallmarks of Somi Rejinish Lawyer is its reputation as a trusted advisor and advocate in the legal arena. Clients rely on the firm not only for its legal expertise but also for its unwavering dedication to upholding their rights and interests with integrity and diligence.

Furthermore, Somi Rejinish Lawyer distinguishes itself as a leader in providing comprehensive legal solutions tailored to the unique needs of its clients. Whether it's navigating complex international legal matters or advocating for clients in high-stakes litigation, the firm's holistic approach ensures that clients receive the personalized attention and strategic guidance they deserve.

Somi Rejinish Lawyer stands out as a premier destination for individuals and businesses seeking top-tier legal representation in Dubai. With a team of highly skilled legal professionals, a commitment to excellence, and a track record of success, the firm continues to set the standard for legal excellence in the region. Whether facing criminal charges, navigating corporate complexities, or seeking resolution in family matters, clients can trust Somi Rejinish Lawyer to provide the expertise and advocacy they need to achieve their legal goals.

[elplegal]

Employment Lawyers In Dubai

Looking for the best employment lawyers in Dubai? Find out what factors you should consider before making your decision in this comprehensive guide.