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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
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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.
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FUNDS LAWYER OPPORTUNITY - 3-6 PQE - MAGIC CIRCLE - DUBAI
Job title: FUNDS LAWYER OPPORTUNITY – 3-6 PQE – MAGIC CIRCLE – DUBAI Company: Hydrogen Group Job description: The team advises asset managers and investment funds on establishing funds and the associated regulatory and compliance requirements for investment funds and investment managers. They also have a highly active investor-side practice advising institutional investors including sovereign…
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Why You Need a Car Power of Attorney in Dubai: The Legal Process Explained
Why You Need a Car Power of Attorney in Dubai: The Legal Process Explained
In Dubai, legal documentation plays a critical role in ensuring that transactions related to property, vehicles, and other assets are conducted smoothly and within the legal framework. One such essential document is the Car Power of Attorney (POA). Whether you're buying, selling, or transferring a vehicle on someone else's behalf, having a valid car power of attorney is crucial.
At UAE Online POA, we specialize in creating customized power of attorney documents, including those for cars, that adhere to the UAE legal standards. This blog will explain why you need a car power of attorney and the legal process involved.
What is a Car Power of Attorney?
A Car Power of Attorney is a legal document that grants another individual the authority to act on your behalf concerning your vehicle. This document can be used for purposes like selling, transferring ownership, or registering a vehicle in Dubai. By providing someone with this authority, you ensure that all legal transactions regarding your vehicle can be completed smoothly, even if you're not physically present.
For example, if you're an expat who needs to sell or transfer ownership of your car but are unable to stay in the UAE for the entire process, a car POA enables a trusted person to handle the legalities on your behalf.
Why Do You Need a Car Power of Attorney in Dubai?
1. Legal Requirement for Vehicle Transactions
In Dubai, transferring ownership of a vehicle or selling it requires specific legal documentation. Without a car power of attorney, you cannot legally authorize someone else to complete these transactions for you. Whether you're buying or selling a vehicle, a car POA ensures that the transaction follows UAE law.
2. Convenience for Expats and Frequent Travelers
Dubai is home to many expats and business travelers who may not always be available to personally handle vehicle-related transactions. A car power of attorney allows you to designate a trusted person, such as a relative or friend, to manage vehicle sales or transfers on your behalf.
At UAE Online POA, we create car power of attorney documents that meet all the legal requirements, ensuring you don't have to worry about delays or complications in your absence.
3. Selling or Transferring Vehicle Ownership
If you plan to sell your car or transfer ownership to another party, a car POA is necessary if you cannot be physically present. This document grants the designated individual the authority to manage the sale, ensuring the legal transfer of ownership without any obstacles.
Legal Process for Obtaining a Car Power of Attorney in Dubai
1. Drafting the Power of Attorney
The first step is to have your car power of attorney drafted by a legal expert or a reliable POA service like UAE Online POA. The document must include all necessary details, such as the name of the vehicle owner, the person being granted power (the agent), and the specific authorities they are granted (e.g., selling, transferring ownership).
2. Notarization of the Document
Once the car power of attorney has been drafted, it needs to be notarized. In Dubai, legal documents like POAs must be notarized by a Dubai notary to be legally valid. This step ensures that the document is recognized by UAE authorities and can be used in vehicle-related transactions.
3. Legal Translation (If Required)
For expats who may need to submit documents in their home country, or for those dealing with foreign buyers, the car power of attorney may need to be translated into another language. UAE Online POA offers legal translation services in Dubai, ensuring your documents are accurately translated and legally recognized both in the UAE and abroad.
4. Submission to Authorities
Once notarized, the car power of attorney can be submitted to the appropriate authorities in Dubai, such as the Roads and Transport Authority (RTA), to complete the sale or transfer of vehicle ownership.
Types of Power of Attorney for Cars
There are two main types of power of attorney documents that can be used for cars:
1. General Power of Attorney
A general power of attorney grants the agent broad powers to act on your behalf regarding all of your assets, including your vehicle. This type of POA is useful if you want someone to manage multiple affairs, including vehicle sales or transfers, while you're away.
2. Special Power of Attorney
A special power of attorney, on the other hand, is limited to specific transactions. For vehicle-related matters, this could mean granting someone the authority solely to handle the sale or transfer of your car. A special car POA is recommended if you want to limit the authority granted to your agent to only vehicle-related transactions.
Benefits of Using UAE Online POA for Car Power of Attorney
At UAE Online POA, we make the process of obtaining a car power of attorney simple and hassle-free. Here’s why you should choose us:
Expertise in Legal Documents: We specialize in drafting legally binding power of attorney documents that are recognized by Dubai’s legal authorities.
Convenient Online Process: Our online platform allows you to create your POA without needing to visit a physical office, making it easy for busy expats and travelers.
Comprehensive Services: From car power of attorney to property transfer power of attorney, we cover all types of POA documents required for legal transactions in Dubai.
Legal Translation Services: If your document needs to be translated, our certified legal translation services ensure accuracy and legal compliance.
Conclusion
A car power of attorney is essential for anyone looking to conduct vehicle-related transactions in Dubai without being physically present. Whether you're selling, transferring ownership, or registering a vehicle, a car POA ensures that your legal affairs are handled efficiently and in compliance with UAE law.
At UAE Online POA, we provide reliable and legally recognized power of attorney services, including special and general POAs for vehicles. With our expertise and convenient online services, you can manage your vehicle transactions with ease, even from afar.
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Understanding the #newrentallaws in #Sharjah can be a difficult thing, especially when it involves new regulations that tie the interest of #tenants and the #landlords. In case you are a tenant looking to be protected under the new Sharjah rental law, or a landlord seeking guidance on how to start an #eviction process or procedure followed in raising rent, HHS #lawyersindubai is here to help you out. Let the experienced team of #lawyers guide you in understanding your rights and obligations such that your rental agreements stand compliant with the latest regulation.
Contact us today for professional #legaladvice tailored to your individual circumstances. #lawyersinsharjah #lawyersindubai
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Lawyers in Sharjah
Lawyers in Sharjah For Real Estate.
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Is it possible for expats to buy property in UAE?
The UAE real estate industry offers fantastic opportunities for capital gains and investment. This market has been more accessible as a result of several modifications to the laws governing property ownership, particularly for foreign investors and expats. Foreigners are subject to different restrictions regarding property ownership than domestic owners, nevertheless. An UAE immigration lawyer summarises the applicable laws and numerous Emirate-specific laws for expats interested in real estate investment in the UAE.
In the UAE, foreigners could not purchase real estate until 2001 or 2002. Dubai originally allowed foreigners to purchase 99-year leasehold properties in 2001, and then allowed them to invest in freehold homes in 2002. Soon after, Ras Al Khaimah, Abu Dhabi, Sharjah, and Ajman appeared.In some designated regions, freehold and leasehold properties may be owned by expatriates in the UAE. Properties with a lease have a fixed-term possession agreement. According to the leasing agreement, the property is owned by the foreign owner but not the land. Properties that are freehold suggest that the expat owns both the building and the land on which it is situated.
Leaseholder ownership implies that for the duration of the contract, the expatriate only owns the unit and not the land. When the period is over, the agreement may be extended, and the foreigner is only partially liable for repairs. Only the consent of the freehold owner is required for any significant improvements. Additionally, with limitations, the expat may sublease the house or keep pets.
Freehold, on the other hand, grants the owner total authority over both his property and the land. If a project complies with the developer's specifications and local legislation, owners are free to make significant alterations like renovations and remodelling as they see fit. After the owner passes away, the property is given to the heir. The owner can benefit from the high ROI by leasing or selling the property.
Specific guidelines for purchasing real estate in each of the Emirates
It's interesting how different emirates have different property ownership laws. Here is a quick summary of the unique regulations of the various Emirates:
Purchasing a home in Dubai
According to a leading UAE immigration lawyer, expats are permitted to own freehold properties in specified freehold regions and leasehold properties in Dubai. There is no restriction on age to buy real estate in Dubai; the laws are the same for both resident foreigners and non-resident investors. The title deeds are issued by the Land Department.
Article 3 of Regulation No. 3 of 2006 Determining Areas for Ownership by Non-Nationals of Real Property in the Emirate of Dubai applies to freehold properties.
In nine authorised investment districts in Abu Dhabi, foreign nationals are permitted to purchase flats and villas. Al Reef, Lulu, Masdar City, Mariya, Reem, Saadiyat, Sayh Al Sedairah, and Yas Islands are among them. However, Abu Dhabi does not allow foreigners to own or purchase land.
In this Emirate, there are four types of property ownership systems:
Ownership - For 99 years, the expat enjoys complete ownership of the flat or floor, and he or she is free to sell it. The deed does not, however, mention the ground on which the property is situated.
The Musalaha system allows foreigners to purchase residential properties in accordance with the Masataha contract. After the first 50-year term expires, it may be renewed. Owners are free to use the property during the period and carry out upgrades, alterations, constructions, renovations, etc.
Usufruct: For a period of 99 years, the expatriates may own and use the apartment, but they are prohibited from making any changes to the building.
Long-term lease: In Abu Dhabi, foreigners are permitted to lease homes for up to 25 years.
Law No. 19 of 2005 Concerning the Regulation of the Real Estate Sector, which is applicable in Abu Dhabi, sets down the rules governing foreigners' ownership of real estate. A few changes were made to the Abu Dhabi Real Estate Law in April 2019. There were changes to Articles 3 and 4. According to Article 3(i), foreign nationals are only permitted to acquire one of three types of property:
· UAE nationals, whether they be legal or natural individuals.
· Not more than 49% of public holding businesses owned by non-nationals.
·If the President of the Executive Council of Abu Dhabi makes a choice for someone.
Non-UAE nationals are permitted to own real estate properties in the aforementioned defined locations, in accordance with Article 3(ii). Original and in-kind legal rights to real estate are also permitted. According to Article 4, musataha and usufruct owners who have owned a property for more than 10 years are allowed to sell or mortgage it without the landlord's permission. In contrast, the landlord is not permitted to mortgage the flat without the holder of the usufruct or the musataha's consent.
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How do lawyers in Sharjah assist with consumer protection issues?
Lawyers in Sharjah play a crucial role in safeguarding consumer rights and ensuring protection against fraudulent or unfair business practices. As part of the UAE’s legal framework, consumer protection is a priority, and legal professionals in Sharjah are well-equipped to address the complexities of consumer disputes. They offer legal advice, representation, and guidance to consumers facing…
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Economic Law Partners-Litigation Lawyer In Dubai
Economic Law Partners has been a cornerstone of legal knowledge in the United Arab Emirates for more than ten years. Our founder has established a reputation as a proactive and results-driven legal advisor by making a significant commitment to remaining on the cutting edge of the always changing domain rules. Economic Law is one of the best Partners Litigation Lawyer In Dubai
Our clientele is broad, including multinational corporations, start-ups in numerous industries, partnerships, and private citizens looking for advice on commercial law in general and employment-related issues. Regardless of the scope or complexity of our clients' objectives, we take pride in providing specialized solutions that assist them in achieving them.
Economic Law Partners is aware of the particular difficulties experienced by firms in Dubai. We can offer quick, competent, and cost-effective legal assistance because we have in-depth understanding of every area of UAE law. Because we are adamant that everyone should have access to legal counsel, we stand out for being so reasonably priced.
We are honored to be known as one of the top legal companies in Dubai because to our solid track record and everlasting commitment to our customers. When you select Economic Law Partners, you are selecting a dependable companion on your road to legal success in the United Arab Emirates.
Website: https://elplegal.com/
Address: Economic Law Partners LLC, Office 10, Level 1, Sharjah Media City Sharjah, United Arab Emirates
Phone: +971 50 285 4783
Mail: [email protected]
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Professional Divorce Lawyers in Dubai – How They Help Their Clients?
Looking for a professional legal support and guidance for a smooth divorce process? Professional divorce lawyers in Dubai are qualified enough to give more than just professional legal advice. They know well how to deliver efficient services to their clients during their period of emotional chaos, assigning them in moving their cases as quickly as possible and achieving expected outcomes.
As far as services of best divorce lawyer Dubai is concerned, they are amazingly trained in divorce and separation cases, providing reliable and affordable advice to protect each client’s interest in a divorce case. Additionally, they are skilled enough to deal with child custody based on the UAE divorce law through the family courts in Dubai and Sharjah. They best handle various legal issues including personal affairs and successfully represent their client in the family law court in Dubai.
Professional Divorce Lawyers in Dubai can help you in the following ways:-
Alimony
In Dubai, divorce proceedings comprise dialogue about the financial right of the wife and that is alimony. A wife should get the financial rights in the form of alimony after divorce proceedings. In the United Arab Emirates, divorce proceedings involve a three step process. The first step involves negotiating with each other on all terms of the separation such as spousal support and property division. The second stage is referred to as settlement negotiations or mediation. The third step is the court hearing, where both parties will make their case before a judge. If no agreement is made after mediation then court has the right to decide.
Divorce Filing Guardianship and Domestic Violence
The court proceeding for the family case in Dubai can be little complex for the foreigners. If you’re an expat, you should not worry anything after hiring professional divorce lawyer in this country because they can provide exceptional legal expertise which ensures that the clients get the best solutions which they truly deserve. Moreover they have years of experience of local legal system which make them intelligent with the local law, language and other practices in Dubai.
Wills, Inheritances and Separation Agreement
Hiring professional divorce lawyer in Dubai can help you in drafting complex legal wills to handling custody agreements. Moreover, you can remain assured that your legal issues will be handled by experts.
Maintenance, Division of Assets, and Child Custody
Divorce cases are very much complicated and often involve a lengthy legal process. The expert team of family lawyers is well-known for providing exceptional legal strategies in divorce cases, helping clients in best understanding intricate legal issues with ease. The professional divorce lawyers in Dubai best understand the emotional complexities for family law matters in the UAE. Moreover, they are committed to supporting you at every step of the way and guide you through even the most challenging situations.
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Legal Consultations via WhatsApp: Convenient but Safe?
Legal consultations through instant messaging apps like WhatsApp have gained significant popularity in our fast-paced digital world. With just a few clicks, anyone can get a quick answer to their legal questions without having to visit a lawyer's office. However, is this service as convenient and safe as it seems? Let's explore this topic in detail.
Advantages of Legal Consultations via WhatsApp
Speed and Ease: Quick answers can be obtained for simple legal matters, without the need to schedule an appointment or wait for a long time.
Cost: Consultations via WhatsApp are often less expensive than traditional consultations at a law firm.
Convenience: Consultations can be obtained from anywhere and at any time, saving time and effort.
Privacy: Conversations can be conducted in a safe and private environment.
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Risks of Legal Consultations via WhatsApp
Lack of Quality: Not everyone who provides legal consultations via WhatsApp has the necessary competence and legal knowledge.
Confidentiality: WhatsApp conversations may not be fully encrypted, increasing the risk of being hacked.
Inaccuracy: The answers provided may be simplified and inaccurate, especially for complex cases.
Lack of Evidence: It may be difficult to preserve evidence of WhatsApp communications if needed later.
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Tips for Getting Good Legal Advice via WhatsApp
Verify Expertise: Ensure that the lawyer you consult with has the necessary experience and expertise in a specific area of law.
Request Recommendations: Ask your friends, family, or colleagues for any lawyers they trust.
Read Terms and Conditions: Carefully read the terms of service of the lawyer or company providing the consultation.
Record the Conversation: If possible, record the conversation as proof of the agreements reached.
In-Person Consultation: For complex cases, it is best to seek a face-to-face legal consultation with the lawyer.
Conclusion: Legal consultations via WhatsApp are a useful tool for getting quick answers to simple legal questions. However, caution should be exercised when using this service, and it should be ensured that the advice is obtained from a reliable source. Ultimately, a face-to-face legal consultation with a lawyer cannot be replaced for complex cases that require in-depth legal analysis.
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Navigating Dubai's Real Estate Market with Al Dhaheri International's Expert Real Estate Lawyers
Dubai’s real estate market is one of the most vibrant and rapidly growing sectors in the UAE, attracting investors, developers, and buyers from across the globe. However, due to complex regulatory frameworks and the evolving nature of real estate laws in the UAE, navigating this market can be challenging. Real estate lawyers at Al Dhaheri International bring their expertise and comprehensive understanding of local and international regulations to assist clients in every aspect of real estate transactions.
Understanding the Role of Real Estate Lawyers in Dubai
Real estate lawyers play a critical role in safeguarding clients' investments by offering a range of legal services, including contract drafting, title verification, regulatory compliance, dispute resolution, and advisory services. Dubai’s real estate sector operates under a unique set of laws and regulations that include federal, emirate-specific, and international guidelines. This intricate regulatory environment requires legal expertise to ensure that clients’ transactions are compliant, transparent, and secure.
At Al Dhaheri International, the team of specialized real estate lawyers provides end-to-end legal support, helping clients avoid pitfalls and protect their rights in every transaction. Whether it's a high-value property purchase, a commercial lease agreement, or a dispute resolution, Al Dhaheri International’s real estate lawyers handle all legal complexities with precision and professionalism.
Comprehensive Real Estate Legal Services
Al Dhaheri International offers a wide range of real estate legal services, including:
Contract Drafting and Review The firm’s real estate lawyers meticulously draft, review, and negotiate contracts to ensure all terms are clear, legally binding, and protect clients’ interests. This includes purchase agreements, sales contracts, leases, and other essential documents. With a focus on preventing future conflicts, the team provides clarity on every contract aspect, whether involving local or international clients.
Due Diligence and Title Verification Conducting due diligence and verifying property titles are essential steps in any real estate transaction. Al Dhaheri International’s real estate lawyers carefully examine property documents, ownership history, and zoning regulations to ensure there are no legal encumbrances or risks. This rigorous verification process offers clients peace of mind and mitigates potential issues down the line.
Compliance with UAE Real Estate Laws The UAE has specific real estate regulations governed by bodies such as the Real Estate Regulatory Authority (RERA). Al Dhaheri International’s lawyers are well-versed in RERA regulations and ensure that clients comply with all requirements, from registration and licensing to fee structures and tenancy rules. Their compliance expertise is essential for both individuals and businesses looking to invest or operate within the legal framework of Dubai’s real estate market.
Dispute Resolution and Litigation Real estate disputes can arise from a variety of issues, including breach of contract, ownership conflicts, and tenancy disagreements. Al Dhaheri International’s real estate lawyers handle these disputes through effective negotiation, mediation, or litigation, aiming for resolutions that uphold clients’ rights and deliver optimal outcomes. The firm’s strategic approach to dispute resolution minimizes legal and financial risks for clients.
Why Choose Al Dhaheri International for Real Estate Legal Services?
Al Dhaheri International has established itself as a leading law firm in Dubai, known for its expertise, client-centric approach, and in-depth knowledge of UAE real estate laws. The firm’s real estate lawyers are committed to protecting clients’ investments, ensuring compliance, and providing transparent guidance throughout every stage of a real estate transaction. By choosing Al Dhaheri International, clients benefit from a team that not only understands the legal landscape but also anticipates market trends and regulatory changes that may impact their real estate interests.
Conclusion
The real estate market in Dubai presents lucrative opportunities, but it also requires an informed approach to legal matters. Al Dhaheri International’s real estate lawyers offer the experience, knowledge, and dedication needed to navigate these challenges effectively. With their support, clients can confidently invest, transact, and resolve disputes, making the most of Dubai’s thriving real estate sector. Whether you are an investor, buyer, developer, or landlord, Al Dhaheri International’s team is equipped to provide tailored legal solutions that protect your real estate investments and interests in the UAE.
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How to Get a General Trading License in Sharjah
If you intend to launch a company in Sharjah, then you need to acquire a trade license. This will grant you permission to undertake your business activities in the Emirate. Additionally, each category of general trading license in Sharjah permits different activities. For example, a commercial license permits almost all activities, whereas an industrial license allows carrying out only manufacturing and industrial operations. On the other hand, a professional license covers specialized occupations such as lawyers, artisans, engineers, architects, etc. Get a free consultation on the legal requirements for a Sharjah license from the business setup experts of Shuraa.
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Certified Document Translation in Dubai: Why You Need It
Certified Document Translation in Dubai: Why You Need It
In a global hub like Dubai, accurate and certified document translation services are essential for individuals and businesses alike. Whether you're dealing with legal, immigration, or business documents, having a certified translation can make all the difference. At Word Translation, we specialize in providing top-tier legal translation services that ensure your documents are recognized by courts, government bodies, and international entities.
In this blog, we’ll explore the importance of certified document translation in Dubai and why it’s essential to choose professionals for the job.
What Is Certified Document Translation?
Certified document translation involves translating documents by a certified professional who guarantees that the translation is accurate and equivalent to the original. These certified translations are typically required for legal documents, immigration papers, court submissions, and more. At Word Translation, we provide certified legal translation services in Dubai, ensuring that your translated documents are accepted by official institutions.
Why Is Certified Document Translation Important in Dubai?
1. Legal Recognition
One of the key reasons to choose certified legal translation services is for legal recognition. In Dubai, legal and government institutions require translated documents to be certified to ensure their accuracy and authenticity. Without certified translations, your documents may be rejected, leading to delays in legal proceedings or business operations.
For example, documents like contracts, court orders, power of attorney, and company incorporation papers must be accurately translated by certified professionals to ensure they are legally binding in the UAE. At Word Translation, we ensure all our translations are legally recognized and meet the highest standards of accuracy.
2. Accuracy and Precision
Legal documents contain specific terminologies that must be translated with precision. A minor error in translation could alter the meaning of a legal clause, leading to potential legal complications. Certified legal translation in Dubai guarantees that the translation is not only accurate but also complies with the legal terminology used in the UAE. Our team at Word Translation is well-versed in the legal jargon of both the source and target languages, ensuring that every word is correctly translated.
3. Compliance with UAE Laws
In Dubai, official documents need to be translated into Arabic to comply with UAE regulations. Certified document translation services ensure that your documents are translated accurately and in accordance with local laws. For instance, whether you are submitting documents for immigration, court proceedings, or business registration, they must be translated by certified professionals who understand the legal requirements of the UAE.
At Word Translation, we provide certified translations that comply with UAE legal standards, ensuring your documents are accepted by all legal entities and government authorities.
4. For Immigration Purposes
If you're an expat applying for residency, work permits, or other immigration services in the UAE, certified translation of your personal documents is a must. These may include birth certificates, marriage certificates, academic credentials, and police clearance certificates. Immigration authorities in the UAE require all documents to be translated into Arabic by certified professionals.
At Word Translation, our certified legal translation services in Dubai ensure that your immigration documents are accurately translated, minimizing delays or rejections during the application process.
5. Corporate Transactions
For businesses operating in Dubai, certified document translation is crucial for ensuring smooth transactions and legal compliance. Business contracts, memorandums of understanding, financial statements, and other corporate documents often need to be translated and certified to be legally valid in the UAE. Inaccurate or uncertified translations can lead to disputes, financial losses, or legal issues.
We at Word Translation specialize in providing certified translations for a wide range of corporate documents, ensuring your business operates seamlessly in the UAE legal landscape.
Why Choose Word Translation for Certified Legal Translation?
At Word Translation, we understand the critical role that certified translations play in legal, business, and personal matters. Here’s why you should choose us for your certified document translation services in Dubai:
Expertise in Legal Translation: Our team consists of certified translators with deep knowledge of legal terminologies and processes in both the source and target languages.
Government-Recognized Translations: Our translations are recognized and accepted by courts, immigration offices, and other legal institutions in the UAE.
Commitment to Accuracy: We ensure that every translation is not only accurate but also adheres to UAE legal standards, minimizing the risk of errors.
Timely Delivery: We understand the importance of deadlines, especially in legal matters. Our team is committed to delivering high-quality certified translations within the required time frame.
Conclusion
Certified document translation services in Dubai are crucial for anyone dealing with legal, immigration, or business matters. Whether you need translations for court documents, business contracts, or immigration papers, working with certified professionals like Word Translation ensures that your documents are accurate, legally compliant, and officially recognized.
Choose Word Translation for all your legal translation services in Dubai and ensure your documents meet the highest standards of accuracy and certification.
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How to Navigate the UAE Real Estate Market as a First-Time Buyer
Entering the UAE real estate market can be both thrilling and daunting, especially for first-time buyers. With its unique market dynamics, diverse property options, and distinct regulations, it's essential to approach the process with a well-informed strategy. Here’s a comprehensive guide to help you navigate the UAE real estate market and make the most of resources like RealTawk to streamline your journey:
1. Understand the Market Dynamics
Research Market Trends: Begin by understanding the current real estate trends in the UAE. The market can vary significantly between cities like Dubai, Abu Dhabi, and emerging areas. Look into property prices, market demand, and upcoming developments to get a comprehensive view.
Identify Hotspots: Major cities are popular, but other areas such as Sharjah, Ajman, and Ras Al Khaimah also offer promising opportunities. Each location has its own market characteristics and property types that might suit your needs.
2. Set a Realistic Budget
Determine Your Budget: Assess your financial situation to set a realistic budget. Consider not only the purchase price but also additional costs like registration fees, notary charges, and real estate agent commissions.
Explore Financing Options: Look into mortgage options available for expatriates and UAE nationals. Different banks offer various schemes, so compare terms and conditions to find the best fit for your financial situation.
3. Understand the Legal Requirements
Know the Regulations: Familiarize yourself with the legal aspects of property ownership in the UAE. Understand which areas are open to foreign ownership and the differences between freehold and leasehold properties.
Consult a Legal Expert: Engage a local real estate lawyer to navigate the legalities of your purchase. They can help you understand contracts, terms, and ensure compliance with all legal requirements.
4. Engage with a Reputable Real Estate Agent
Choose an Experienced Agent: A skilled real estate agent can provide valuable insights and assist in finding properties that align with your criteria. Look for agents with a strong track record and positive reviews.
Communicate Your Needs: Clearly outline your requirements and budget to your agent. They can guide you through the entire process, from property search to finalizing the purchase.
5. Utilize RealTawk for Insight and Networking
Join RealTawk Chatrooms: RealTawk offers a platform where you can connect with real estate professionals, enthusiasts, and investors. Engage in discussions, seek advice, and gain insights about various properties and market trends.
Collaborate and Learn: Use RealTawk to collaborate with other buyers and agents. Participate in chatrooms dedicated to different UAE locations to get tailored advice and recommendations.
6. Visit Properties and Conduct Due Diligence
Inspect Properties: Arrange visits to potential properties to assess their condition, location, and amenities. This step is crucial for making an informed decision.
Verify Documentation: Ensure the property has clear ownership titles and all necessary permits. Check for any outstanding disputes or legal issues that could affect your purchase.
7. Understand Ownership and Maintenance Costs
Calculate Ongoing Expenses: Besides the initial purchase cost, consider ongoing expenses like property management fees, maintenance, and utilities. These costs can vary based on the property type and location.
Budget for Maintenance: Regular maintenance is essential for keeping your property in good condition. Factor this into your budget to avoid unexpected expenses.
8. Complete the Purchase Process
Finalize the Deal: Once you’ve chosen a property, make an offer and negotiate the terms. Review the sale agreement carefully before signing.
Register the Property: After completing the purchase, register the property with the relevant authorities to officially transfer ownership.
9. Seek Professional Advice
Consult Experts: Throughout the buying process, seek advice from real estate professionals, including legal advisors, financial consultants, and property managers. Their expertise can help you navigate any challenges.
10. Stay Informed
Monitor Market Changes: Real estate markets can change rapidly. Stay updated on market trends, new regulations, and emerging developments to make informed future decisions.
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