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al-dhaheri-international · 1 year ago

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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

#Law Firm #Dubai Lawyer #Lawyers in Dubai #Dubai Lawyers #Best Lawyers in Dubai #Best Lawyers in UAE #Best Advocates in Dubai #Best Lawyers in Sharjah #Dubai Law Firms #Dubai Law Firm #RERA Dubai

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robertrick90 · 1 year ago

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Top 10 Firms for Rental Dispute Services in Dubai

In Dubai's real estate market, having a trusted partner to handle rental disputes is essential. This blog post will present the leading 10 companies that specialize in offering rental dispute services in Dubai. It will provide comprehensive details about the services they provide.

BSO Real Estate Management: BSO Real Estate Management is a leading property management company in Dubai. They provide comprehensive services including property management, lease management, property handover, maintenance, tenant screening, and real estate legal services. Their dedicated team of real estate legal experts ensures that disputes are resolved efficiently and in compliance with Dubai’s laws.

Whether you need to draft a lease agreement, file a rental dispute case, or recover your security deposit, BSO Real Estate Management can handle it all for you. They have a proven track record of delivering high-quality services and customer satisfaction.

Al Taresh Government Services: Al Taresh Government Services provides a platform for individuals and organizations seeking legal assistance all across UAE. They offer services like Ejari Renewal, GDRFA services for easy processing of work permits, visas and residency documentation, Ejari Cancellation, DHA Services for visa medical fitness visa applications, and more.

They also have a team of experienced lawyers who can represent you in rental dispute in dubai and help you achieve the best possible outcome. Al Taresh Government Services is your one-stop solution for all your legal needs in UAE.

Dr. Hassan Elhais: Dr. Hassan Elhais is known for its comprehensive legal services, including rental dispute resolution. Their skilled lawyers provide practical and cost-effective solutions. They have extensive knowledge of the UAE laws and regulations, as well as the procedures and practices of the Rental Dispute Settlement Centre (RDC).

They can advise you on your rights and obligations as a landlord or tenant, negotiate with the other party, and represent you in court if necessary.

RAALC: RAALC provides a gateway for all submissions and registrations to the Dubai Court system in a wide range of specialties: civil, commercial, real estate, family, money, labor on the urgent circuits, settlements of disputes, first instance, appeal court and execution.

They have a team of qualified and experienced lawyers who can handle any type of rental dispute case with professionalism and efficiency. They can assist you with drafting contracts, filing complaints, attending hearings, and enforcing judgments.

Khouri Lawyers: Khouri Lawyers is one of the most trusted law firms in Dubai and UAE. They have a team of highly qualified and professional lawyers who provide a wide variety of legal services in Dubai. Their rental dispute services include advising clients on their rights and obligations as landlords or tenants, negotiating settlements, filing lawsuits, and representing clients in court or arbitration. They have successfully handled many complex and challenging rental dispute cases in dubai for their clients.

Dubai Lawyer: Dubai Lawyer’s knowledgeable and dedicated team can confidently represent clients in rental dispute cases with expertise. They have a deep understanding of the UAE rental laws and the Rental Dispute Center (RDC) rules and procedures. Their rental dispute lawyers in dubai can help you with preparing documents, submitting applications, attending hearings, and appealing decisions.

AWS Legal Group: AWS Legal Group is a global law firm with more than 30 years of experience in the Middle East. Their lawyers have worked with individual and corporate clients from more than 40 countries. Their rental dispute services cover all aspects of landlord-tenant relations, such as lease agreements, rent reviews, maintenance issues, eviction notices, security deposits, damages claims, and more. They can provide you with sound legal advice and representation in any rental dispute matter in United Arab Emirates.

Abdulla Al Awadi Advocates & Legal Consultants: Abdulla Al Awadi Advocates & Legal Consultants is a law firm in Dubai that provides all legal services including litigation management, lawsuits, civil, commercial, labor and penal disputes.

Their rental dispute services include helping clients with drafting contracts, resolving disputes amicably or through mediation or arbitration, filing cases at the Rental Dispute Center (RDC), and enforcing judgments or awards. They have a team of competent and experienced lawyers who can handle any rental dispute case with ease.

HHS Lawyers And Legal Consultants: HHS Lawyers is a multi-disciplinary firm consisting of lawyers and legal consultants in Dubai. The firm’s qualified attorneys stay ahead of developments and changes in UAE legislation and practices to offer an array of bespoke legal services to individuals and businesses alike.

Their rental dispute services include providing legal advice on landlord-tenant issues, negotiating settlements or agreements, filing complaints or claims at the Rental Dispute Center (RDC), representing clients in court or arbitration proceedings, and executing judgments or awards. They have a reputation for delivering excellent results for their clients.

Nour Attorneys & Legal Consultants: Nour Attorneys & Legal Consultants is a law firm in Dubai that provides all legal services including litigation management, lawsuits, civil, commercial, labor and penal disputes. Their real estate dispute services include assisting clients with drafting contracts or agreements, resolving disputes through negotiation or mediation or arbitration, filing cases at the Rental Dispute Center (RDC), representing clients in court or arbitration proceedings, and executing judgments or awards.

They have a team of highly skilled and experienced lawyers who can handle any rental dispute case with professionalism and efficiency.

How to File a Case in the Rental Dispute Center (RDC) in Dubai

If you have a rental dispute with your landlord or tenant, you may need to file a case in the Rental Dispute Center (RDC) in Dubai. The RDC is the judicial arm of the Dubai Land Department (DLD) a real estate regulatory agency that handles all rental disputes in the emirate. Filing a case in the RDC can be done either online or by visiting the RDC head office located in Deira, Dubai. Here’s a step-by-step guide on how to do it:

Visit the official website of the DLD

Go to the ‘Rent Dispute Resolution Portal’ on page

Fill in the required information

Upload the necessary documents. These documents will be used to acquire judgement with the execution writ seal.

Pay your fee online

If you’re visiting the RDC head office, you’ll need to bring all necessary documents with you⁴. Once there, present your documents to the typist, who will then translate all documents into Arabic, as it is the official language of the court.

Why Choose BSO Real Estate Management for Your Rental Dispute Services

Filing a case in the RDC can be a complex and stressful process. That’s why you need a trusted partner to handle your rental dispute services. BSO Real Estate Management is a leading property management company in Dubai that provides comprehensive services including property management, lease management, property handover, maintenance, tenant screening, and real estate legal services.

Here are some reasons why you should choose BSO for your rental dispute services:

Expertise: BSO has a dedicated team of real estate lawyers who specialize in rental dispute resolution. They ensure that disputes are resolved efficiently and in compliance with Dubai’s laws. They have extensive experience in handling various types of rental disputes, such as rent increase disputes, eviction disputes, maintenance disputes, subletting disputes, and more. They are well-versed in the latest amendments and updates of the UAE rental laws and regulations.

Comprehensive Services: Apart from rental dispute resolution, BSO offers a wide range of property management services. This means that they can handle all aspects of your property management needs. They can help you with property management, lease management, property handover, maintenance, tenant screening, and more. They can also assist you with other real estate legal services, such as property registration, title deed transfer, mortgage registration, and more.

Client Satisfaction: BSO has a strong track record of client satisfaction. They are committed to providing high-quality services that meet the needs of their clients. They have received positive feedback and reveiws from their clients who have benefited from their rental dispute services. They have also won several awards and recognitions for their excellence in property management and real estate legal services.

Ease of Process: With BSO, you don’t have to worry about navigating through complex legal processes on your own. They will guide you every step of the way, making the process as smooth as possible. They will handle all the paperwork and documentation for you, communicate with the other party on your behalf, represent you in front of the RDC or any other authority, and follow up on the execution of the judgment or award.

In conclusion, when it comes to rental dispute services in Dubai, BSO Real Estate Management leads the pack with its comprehensive property management solutions. Whether you’re a landlord or a tenant, their team of expert real estate lawyers is here to resolve disputes efficiently and effectively.

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dailykhaleej · 5 years ago

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Coronavirus impact: What protection do sub-let tenants have in the UAE?

Image for illustrative functions Picture Credit score: iStockphoto

Dubai: All complaints made by sublessors or tenants relating to unpaid rents will probably be dealt with on a case-to-case foundation, with these concerned nonetheless coated below the suspension of eviction ordered by the authorities in March in the wake of the COVID-19 outbreak, DailyKhaleej can completely reveal.

The Dubai Land Division stated in an unique assertion to DailyKhaleej on Wednesday, “Although Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Dubai Judicial Council, had briefly suspended all eviction judgements associated to residential and industrial services in the emirate throughout the pandemic, some persons are renting (illegally) from third-party people who sublet them the area.

“As such, and in the absence of an Ejari contract that binds both parties, complaints being issued by either the sublessor or the tenant are to be addressed to the Rental Disputes Centre to be considered on a case-by-case basis. These cases are considered exceptional due to their ambiguity, but those involved are still covered under the suspension of eviction that was issued by Sheikh Maktoum.”

The clarification comes in the wake of a number of residents claiming that they’re being “evicted” or “harassed” by their sublessors over unpaid rents.

Sub-let tenants who spoke to DailyKhaleej had stated they may not file a criticism as they do not have a tenancy contract and have solely leased a room or area sublet to them by a sublessor.

One UAE resident, who requested to not be named, stated her sublessor minimize the electrical energy to her room throughout Ramadan as she was unable to pay lease for 2 months.

“My family had to spend days without AC and it was really hot,” she stated, including: “Some groups have come to give us food packs. I really could not find a way to raise Dh6,000 to pay my sublessor, who told me we only have until end of the month to pay or he will be forced to evict us,” the resident stated.

One other tenant and Nigerian expat Chinelo Okeke, 36, stated she and her household are additionally on the verge of being evicted from their home in Al Ain.

“My husband has no work and I haven’t received my salary yet since the school I worked for was shut down on March 1. We have been receiving food aid but we have not been able to pay rent since February,” she advised DailyKhaleej.

Ninfa Romero Castro

In different comparable instances, Ninfa Romero Castro and her housemates claimed they had been additionally dealing with eviction after not having the ability to pay lease for 2 months now.

Castro stated: “We felt helpless – three of us were placed under a no-work-no pay scheme while two have contracted the coronavirus. We have exhausted all means to raise money for rent, but we get reminder calls every day.”

Abu Dhabi resident Usman Ghani, 41, additionally stated he was not capable of pay lease for 3 months.

Usman Ghani

“My monthly rent is Dh2,500. Despite pleading with my sublessor, he still shut down the AC. I have three kids and we cannot go out because of the current COVID situation. Many people have offered free food but we really can’t raise money for rent,” the Pakistani nationwide, who’s married to a Filipina, added.

One other Filipino expat Mary Grace Edrosolano, 40, who lives in Abu Dhabi stated she has misplaced her job as an accountant and owes her sublessor Dh2,000 (Dh700 lease stability in April and Dh1,300 unpaid lease for the month of Might).

Mary Grace Edrosolano

“Almost every day, my subleaser would call me. I begged him to give me some time to raise the money but that only made him raise his voice,” stated Edrosolano, who’s now residing with a buddy after leaving her queen-size mattress and another belongings as collateral.

DailyKhaleej reached out to the sublessors. Whereas some had been evasive; others defined that they too are hardpressed to pay the rents.

“I also have bills to pay and I issued a cheque to the real estate company that was already past its due. I can’t lodge a complaint to the police, that’s why I have to keep on asking my tenants to pay,” stated one sublessor.

King Belimac

In the meantime, King Chopazar Belimac, a social employee, stated his group (International Abroad Filipino Employees Helpline) has approached the Philippine Consulate “to intervene and ask the sublessors to extend rent deadlines.”

Authorized viewpoints

Up till now, the legislation was unequivocal about the rights of the events involved in a tenancy.

A lawyer from Sara Advocates & Authorized Consultants, advised DailyKhaleej, “The legislation won’t defend anybody with out a contract. If there isn’t any contract, it means it is unlawful and the legislation won’t defend any unlawful act.

“Bedspace, lodging sharing or partition are all not allowed. Many UAE residents, together with staff, reside in sharing lodging however sadly the legislation cannot defend them as they do not have any contract.

“However,” the lawyer added, “They can always call the police for help if they face harassment from the sublessor. And the sublessor cannot throw anyone outside.”

Ahmad Al-Barasneh, companion/ authorized marketing consultant at The Authorized Group Advocates & Authorized Consultants added: “The government issued directives to protect tenants struggling to pay their rent. In a way, those who sublet are indirectly protected from any eviction.”

Abdul Latif Al-Areed, authorized marketing consultant, nevertheless, asserted the significance of a authorized doc to guard a tenant. “Without a contract, you can not be protected,” he stated.

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technologyinfosec · 5 years ago

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Dubai Land Department releases 22 prisoners ahead of Eid Al Adha

Twenty-two prisoners in Dubai, who faced rent-related cases were released ahead of Eid Al Adha through an initiative launched by the Dubai Land Department's Rental Dispute Centre. The initiative was launched in line with UAE's Year of Tolerance. It was announced after a meeting that included Sultan Butti Bin Mejren, Director General of the DLD; Major General Khalil Ibrahim Al Mansouri, Assistant Commander-in-chief for Criminal Investigation; and Judge Abdul Qader Musa, Chairman of RDC. A young Emirati businessman, Abdullah Ahmed Al-Ansari, donated a substantial amount that covered a large proportion of claims that were issued by the centre. Bin Mejren said: "This generous initiative is considered the first of its kind in Dubai and is increasingly important for its total compatibility with the pillars of the Year of Tolerance, declared by The President, His Highness Sheikh Khalifa bin Zayed Al Nahyan. We have worked with many public and private sectors to launch similar initiatives and projects to underscore the values of tolerance that are an extension of the approach established by the late Sheikh Zayed bin Sultan Al Nahyan. In addition, this initiative supports our ongoing social responsibility efforts and comes in line with the directives of our wise leadership to deepen the values of tolerance, dialogue, acceptance of others, and openness to different cultures." Bin Mejren said that the 'Eid in your home' initiative will not only secure the release of the prisoners but also cover their lawsuits as well as preserve the rights of landlords. DLD will cooperate with Dubai Police to complete the release procedures of the prisoners after payments have been settled. To complete this initiative and commence the executive procedures, the RDC formed judicial committees and met with the prisoners who are covered by the initiative to adjust their situation and ensure that they spend Eid Al Adha with their families. Al-Ansari said that the contribution to this initiative came from his belief that prisoners of rental cases did not commit an offence but rather suffered difficult circumstances that led them to these difficult situations. He decided to stand by them as an expression of the spirit of humanity that characterises Dubai and its citizens. The beneficiaries of the initiative expressed their happiness and thanked the organisers for bringing joy to the hearts of their families on this great occasion. One of them said that he intended to prepare a 200-page booklet describing his experience in the reform institution in which he was treated with respect, justice, and equality and that there was no distinction between prisoners, regardless of race, religion, or gender. Read the full article

#technology #technologyinfosec

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zoomaproperties-blog · 6 years ago

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How to File a Rental Dispute in Dubai

New property has been published on https://zooma.ae/how-to-file-a-rental-dispute-in-dubai/

How to File a Rental Dispute in Dubai

Dubai has been a land of opportunities for people from across the globe. You will find people of different nationalities and cultures. Hence, it is a very difficult time finding a perfect home for them. Most common among expatriates is rental based housing. In fact, the majority of the foreign working class lives on a rental basis. Due to such huge numbers of rental housing, it is not unusual to witness a dispute between tenants and landowners in Dubai. Even after having signed agreements, either of the parties to contract might deviate from the agreed terms, which leads to the dispute. Therefore, it is always recommendable to be aware of the local laws and dispute resolution mechanism here in Dubai.

If ever you have a rental dispute in Dubai, it is always best to get it resolved amicably, without getting the authorities involved. However, if that does not work, you always have the option to legally resolve your issues by approaching the relevant authorities. Here we bring everything you need to know about registering a rental dispute case in Dubai.

Relevant Authority

The Rental Dispute Settlement Centre (RDSC) is the agency which is authorised to handle the disputes related to rental agreements. The RDSC came into existence in accordance with a decree by the Ruler of Dubai, His Highness, Sheikh Mohammed bin Rashid Al Maktoum. It is situated in the building of the Dubai Land Department in Deira. In short, the RDSC is the legal arm of the Dubai Land Department concerning rental disputes. The RDSC aims to resolve rental disputes quickly, accurately and with optimum transparency.

Sections of the RDSC

The Rental Dispute Settlement Centre has four judicial departments – Reconciliation Department, First Instance Department, Appeal Department and Execution Department.

1. Reconciliation Department

The reconciliation department acts like an arbitration committee. The department tries to resolve the dispute between the parties amicably. This process takes not more than 15 days, but can be extended exceptionally. If the matter is settled, an agreement is signed by both parties under the supervision of the Arbitrator. This agreement shall be treated as an execution deed. Otherwise, the matter shall be transferred to the First Instance Department.

2. First Instance Department

When the dispute is transferred to the First Instance Department, it goes through a number of internal committees. These committees check the validity of jurisdiction and other such formalities for dispute redressals. As soon as the formalities are complete, the dispute is discussed and judgements are made by the expert judges of these committees. If the parties are not content with the department’s decision, then an appeal can be found against the decision in the Appeal Department

3. Appeal Department

If the parties to a dispute are not satisfied with the decision made by the First Instance Department, they have an option to file an appeal against it with the Appeal Department, within 15 days from the decision. The chairman of the committee of the Appeal Department decides on such matters and the decision made by this department shall be binding on the parties.

4. Execution Department

All the decisions made by the Appeal Department and those decisions made by the First Instance Department which are not challenged in the Appeal Department shall be executed by the Execution Department. The proceedings for execution shall start within 15 days from the date of judgements and be completed accordingly.

Required Documents

Following documents are required for registering a case with the RDSC:

Identity proof of the tenant and landlord recognised by the Emirate

Passport and visa of the tenant

Original rent agreement

Rental Deposit receipt

Note:- If your landlord avoids giving you the original rental agreement, you can send him a letter requesting to provide the same and you can submit the receipt of the letter to the authorities.

Procedure & Fees

If you happen to have a conflict with your landlord, and if the same could be resolved amicably, you can simply visit the RDSC in the Dubai Land Department building along with the relevant documents. After that, you just need to follow the instructions and your case will be registered. Please make sure that if the required documents are in English, they are duly translated in Arabic. This can be done at the RDSC centre itself and it shall cost you somewhere between 200AED to 300AED.

For registering a complaint, you will have to pay a fixed amount as fees which shall be equivalent to 3.5% of your annual rent payable. However, if the judgment comes in your favour, this amount can be recovered from the landlord.

Few important things to remember

Please find a property for rent through a reputed real estate agency. It might be more costly, but you can avoid any future conflicts with your landlord this way. Also, please read the agreement carefully and understand all the difficult terms before signing the document.

As much as possible, try to resolve the dispute amicably as it will save your time, energy and money. Though the RDSC is a very efficient judicial institution, the procedural implications can be frustrating at times. It is highly recommendable that you hire a legal counsel to represent you in your dispute before the RDSC, especially if you are new to the UAE. It might be a bit expensive but will help you a great deal.

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legit-scam-review · 6 years ago

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From Public to Private Sector

In some countries around the world, governments have had a stifling effect on the adoption of blockchain technology. Conversely, the government of the UAE and Dubai have been the driving force behind the promotion of blockchain use in the country.

2018 has seen some significant developments on this front but the foundations had been laid a couple of years ago.

Across the private and public sectors, there has been a push to incorporate this new tech to overhaul current systems. This includes as plans to launch a cryptocurrency that will be used by citizens and governmental departments.

EmCash

The first proposal for an official Dubai cryptocurrency called emCash came about in October 2017. The cryptocurrency is touted to be used for payments for governmental and nongovernmental services – and is pegged to the UAE Dirham.

Consumers could well be using emCash in the next few months after the government signed a deal with a number of parties to setup point of sale payments for the cryptocurrency.

The partnership was announced on October 9, which includes emCredit, a subsidiary of the Dubai Department of Economic Development, blockchain payment provider Pundi X and its partner Ebooc Fintech & Loyalty Labs LLC.

Ebooc will be responsible for providing point of sale terminals in retail outlets, while Pundi X is expected to create 100,000 point of sale units over the next three years.

Regulations – ICOs lead to cautious approach

The Central Bank of the UAE began working on legislation at the beginning of 2017 to address the use of cryptocurrencies in the country.

This culminated in a report by Abu Dhabi’s Financial Services Regulatory Authority in October 2017, which released its findings on initial coin offerings (ICOs) and cryptocurrencies – classing them as securities and commodities respectively.

A swathe of apathy towards ICOs, with bans in countries like China, happened around the same time last year. This had a slight ripple effect, as other institutions and regulatory bodies put out warnings to investors centred on the associated risks of investing in ICOs. This saw UAE Central Bank Governor Mubarak Rashid al-Mansouri caution citizens against the use of cryptocurrencies – amid fears of volatility and criminal uses.

This was primarily due to the corresponding drop in value of various cryptocurrencies following China’s ban, as Al-Mansouri said in a speech at the Islamic Financial Services Board Summit:

“The risks of trading in digital currencies have clearly appeared when the prices of digital currency fell sharply after some countries announced a ban on using initial coin offerings.”

The negative stigma around ICOs seemed to continue into the new year, amid an overall decline in the crypto markets following all time highs in December. In the US, the Securities and Exchange Commission (SEC) led the way with no-nonsense attitude towards ICOs in February 2018.

The UAE Securities and Commodities Authority (SCA) also cautioned local investors about the inherent risks associated with ICOs. Given that they are not regulated in the country, investors had no means of legal protection against fraud.

In an effort to address these concerns, it is understood that the UAE in nearing the completion of a draft of regulations for ICOs in the country. This was reported in September 2018, and is led by the UAE SCA.

Dubai – A Smart blockchain city

In 2016, the foundations were laid for Dubai to uncover startup companies that could help drive the way for the city to become blockchain-powered by 2020.

The UAE government founded the Smart Dubai initiative in 2013, an ambitious project looking to provide cutting edge technological innovations across the country, from technology to governmental processes.

A central part of the initiative is to improve government efficiency by using blockchain technology, in the hopes of making Dubai a global leader in the space. This includes a transition to digital systems which will see visa applications, bill payments, and license renewals move away from traditional paper documentation.

According to Smart Dubai, blockchain technology could redistribute up to 25 million hours of economic productivity by removing the need for paper document processing. The project also promised to benefit the tourism industry in Dubai as international travellers will have fast-tracked entry with pre-approved passport, visas, and security clearances.

Moving around the city will also be improved with approved drivers licenses and car rental, wireless connectivity as well as pre-authenticated temporary digital wallets.

An official Blockchain Strategy was launched in October 2016, in association with Seed Fund 1776, looking for companies building blockchain-based applications across a broad range of industries. In 2017 Dubai won the City Project award for its blockchain strategy, awarded by the Smart City Expo and World Congress in Barcelona.

In conjunction with the Smart Dubai initiative, in April 2018 UAE Vice President and Prime Minister Sheikh Mohammed bin Rashid eventually launched the broader UAE Blockchain Strategy 2021. At the time Sheikh Mohammed said that the project could save the UAE government up to $3 billion annually on document circulation, and drastically improve the quality of life and efficiency:

“The adoption of this technology will reflect on the quality of life in the UAE and will enhance happiness levels for citizens. 50 percent of government transactions on the federal level will be conducted using Blockchain technology by 2021. This technology will save time, effort, and resources and enable individuals to conduct most of their transactions in a timely manner that suits their lifestyle and work.”

Cointelegraph spoke with Muhammed Arafath, executive director at Apla Blockchain, platform helping integrate blockchain technology into government operations in a number of countries including India and the UAE, to get a first hand perspective on the current crypto climate in Dubai:

“Considering the vision which the Dubai government has set on being the ‘blockchain capital’ and the commitment for having most if not all of the government applications on Blockchain by 2020, Dubai is one of the most pro-blockchain governments in the region.”

Over the past two months, the UAE and Dubai have made significant progress in realizing some of the goals outlined in the Smart Dubai initiative.

Partnering with the Dubai Department of Finance, a blockchain-powered payment system was officially launched in September 2018. The Payment Reconciliation and Settlement (PRS) system aims to allow government entities like the Dubai Police, Roads and Transport Authority, and Dubai Health Authority to transact in real-time, providing a transparent system for intergovernmental processes..

According to local media outlet Zawya, the Dubai Electricity and Water Authority and the Knowledge and Human Development Authority have already been using the PRS system.

The tourism sector in Dubai is also expected to benefit from blockchain technology. In March 2018, plans for a virtual business-to-business tourism-specific marketplace using blockchain were unveiled. The Dubai Tourism Blockchain Marketplace will reportedly provide tourists with a platform that features real-time, transparent pricing of Dubai’s hotels availability.

From roads to the judicial system

Blockchain technology is also being leveraged to improve other areas of life in Dubai, from the streets of the city to its courts.

Thus, in February 2018 the Dubai Roads and Transport Authority (RTA) announced plans to launch a blockchain-based system in 2020 that would track the lifecycle of vehicles in the country.

According to media outlet Arabian Business, RTA chairman and executive director Mattar Al Tayer says the initiative should benefit almost every single player in the industry:

“The platform benefits many stakeholders including car manufacturers, dealers, regulators, insurance companies, buyers, sellers and even garages, providing transparency and trust in vehicle transactions, preventing disputes and lowering the cost of services. It tracks ownership, sale, and accident history to create smart, more efficient systems for supply chains.”

In July, Dubai International Financial Center Courts announced a formal partnership with Smart Dubai in order to set up a ‘Court of the Blockchain’ to facilitate improvements in the judicial system. The move would eventually create a blockchain-powered judiciary to help verify court judgements for cross-border enforcement.

Ambitious programs to lead the way

Countries like Malta and the UAE seem to be leading the way in terms of blockchain adoption. Having recognized the many benefits of the technology, strides have been made to actively get out ahead of other countries.

A seemingly important factor is the balance between accepting this new technology while providing the necessary frameworks to ensure investors are protected.

The UAE Blockchain Strategy 2021 is a clear indication of the efforts being made by the country to foster the development of blockchain to improve its own governance and the quality of life for people in the region.

This positive and proactive attitude towards the industry is proving a point, as Arafath told Cointelegraph:

“Dubai is clearly leading the region by example on the adoption of blockchain and crypto.”

As Dubai and the UAE continue to explore and develop technology with the use of blockchain technology, as well as provide a guideline for the use of ICOs and cryptocurrencies, the outlook in the region seems positive.

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latestdubainews · 6 years ago

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Rental Dispute Centre to launch swift self-litigation system using AI in 2019 from UAE news RSS feed via Dubai Movers, Movers in Dubai, Packers And Movers In Dubai

#latest dubai news #dubai packers and movers

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jobdxb · 6 years ago

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Recruitment in Al Futtaim Group Senior Retail Leasing Manager (Dubai, AE)

No two days are the same at Al-Futtaim, no matter what role you have. Our work is driven by the desire to make a difference and to have a meaningful impact with the goal of enriching everyday lives. Take our engaging and supportive work environment and couple it with a company culture that recognises and rewards quality performance, and what do you get? The chance to push the limits every single day.

As a humble family business that started on the banks of the Dubai Creek in the 1930s, Al-Futtaim has expanded to a presence in 31 countries, a portfolio of over 200 companies, and 42,000 employees. You’ll find us in industries ranging from automotive and retail, to finance and real estate, and connecting people with international names like Lexus, Ikea, Robinsons, and Adidas. Our team is proudly multicultural and multinational because that kind of diverse representation gives us the global mindset to grow and impact the people, markets, and trends around us.

Come join us to live well, work better, and be the best.

Job Title: Senior Retail Leasing Manager

Reports to: General Manager – Leasing

Department: Leasing

Location: Al Futtaim Group Real Estate Management Offices, Dubai Festival City, Dubai UAE

Job Purpose:

In this position, you are responsible for:

Setting the tactics of the Leasing strategy on the Retail Portfolio that is aimed at ensuring the viability of the business and meeting overall objectives.

Provide a market information and competition updates

Managing the rental of retail units to ensure maximum occupancy and a premium level of rentals

Undertaking lease negotiations and meeting the approved milestones

The accurate completion of information and paperwork for tenants. (Data base, turn overs etc.)

Consistently apply your experience and judgement to plan and accomplish goals and to sustain and expand market share.

Effectively lead and direct the work of others, specifically your direct reports and supporting departments, outsourced consultants (Market Researches, Leasing Agents, etc.)

Key Accountabilities:

Planning: Prepares and implements leasing plans and strategies so as to exploit current market demands and generate future demand for the Retail Leasing business in order to achieve or exceed projected units and revenue target.

Market Intelligence: Researches market in terms of current demand, customer preference, types, size, and location of the properties. Where possible, obtains information on competitors pricing policy, property specifications to revamp the company pricing policy, strategies and tactics to effectively position the property against the competition and enhance market share. Liaises with external consultants for additional insights into the above information and for formulation of ERV schedule by externally appointed consultant as required.

Targeting Prospective and Existing Customers: Oversees preparation of a target list of prospective tenants including high end and flagship retail brands/customers, local and international, suitable for the type of properties available for leasing. Oversees preparation of schedules showing lease expiry profile on annual basis. In case of Retail tenants, prepares exit strategy if brand is not considered in line with agreed Retail mix.

Viewings and Presentations: Manages invitation of tenants to presentation of drawings/site meetings in order to generate new interest and maintain interest of existing tenants in the centre and work towards deal closure to meet revenue targets.

Term Negotiation: Prepares proposals for new and renewal tenants at rates in line with budget/ERV for communicating to tenant in order to close new business and finalise renewal of existing lease contracts in timely manner.

Negotiates and finalises lease terms in line with prevailing SOP’s, Budgets, DOA’s and any other conditions required by the business.

Arranging Legal Documentation: In liaison with Lease Administration team ensures that all documentation is correctly prepared by Lease Administration in accordance with the SOP (LAF/LCA, Lease Contract etc.) and is signed by the authorized person as per the DOA in order to avoid any litigation in future and to serve as a point of reference. Maintains awareness of local legal procedures and practices, ensuring that these are upheld and/or not contradicted in lease terms.

Asset/Property Management: Ensures that existing leases are renewed on time and that any changes in terms and conditions or rentals are correctly recorded and rental is collected on time and in full to avoid any loss of money or dispute with the tenants. Proactively manage the tenancy schedules of asset to regear the lease contracts to increase valuation on DFC’s portfolio. Negotiate exit strategies for tenants regarded as no longer fitting overall retail brand mix.

Financial Data Entry and Maintenance

SAP/Ejari: Checks that all lease contract information is accurately recorded by Leasing Administration in REFX and Ejari systems.

Financial

Credit Control: Liaises with Credit Control Department on AR status, follows up with tenants for outstanding payments, finalising statements of account and preparation of payment plans.

Prepares monthly statement of negative accruals and other accounting provisions.

Analysis and Reporting:

Progress Reports: Oversees preparation of progress reports on weekly/monthly/annual basis as appropriate, on the current status of the business; comments on assessment of future market trends and prospects and propose measures and strategies to achieve or exceed the projected target.

Budgeting: Evaluates historical performance, and market information on future market trends, to arrive at a rational budget projection both in terms of units and revenue so as to contribute effectively in meeting company’s overall objectives set for the year. Prepares Retail budget based on foregoing.

Budget Review: Reviews the actual performance against budget on regular basis to ensure that projected units and revenue target are being achieved, in case of a short fall examines the reasons and take corrective measures to bring it back on target.

ERV Report: Prepares and maintains current ERV schedule by liaising with external consultants / Feasibility team as required to ensure accurate valuation of property.

Audit: Manage any audit studies and requests. Action any findings/recommendations as are feasible and necessary

Human Resources:

Team Management: Manages the team on all HR issues; guides, trains, appraises and maintains motivation of the team to ensure high degree of productivity, efficiency and commitment; carries out Performance and Development Reviews, PDR’s disciplinary and promotion of team, taking into consideration cost/benefit of each undertaking.

Administration: Manages all administrative functionality of the department including management of resources and IT administration.

Job Context:

In this position you will operate within the boundaries of:

the agreed departmental budgets and targets

relevant policies and procedures

the stipulations of the Delegation of Authority (DOA)

legal parameters as specified by the Al-Futtaim Legal Department

Qualifications, Experience & Skills:

Minimum Qualifications and Knowledge:

Degree or equivalent level of education in any discipline

Minimum Experience:

Minimum 8 - 10 years’ experience in handling property leasing/portfolio management including lease negotiations and management with a reputable real estate company.

Job-Specific Skills:

Sound knowledge of Leasing market and practices in local market/international market

Familiar with a variety of the leasing field's concepts, practices, and procedures along with the Brands awareness and categories

Research, insights & analysis:

Obtain & analyse information through effective intelligence gathering systems and interpretation of results

Strategy & planning:

Influence strategy formulation and ensure an effective leasing planning process and plans

Products:

Create, build and manage competitive products, portfolios & services

Leasing programme implementation:

Create competitive and sustainable pricing policies, use pricing strategically and creatively

Establish and develop effective channels for your business and support for channel members

Deliver and manage effective customer relationships and infrastructure for same

Establish, plan and manage programme and project frameworks and plans against objectives and budget

Measuring effectiveness:

Establish, promote and use metrics to improve effectiveness

Create and use a system of critical review to make more informed future decisions

Managing and developing people:

Manage self and an Asset Management team

Manage cross-functional relationships effectively

Develop teams and self to enhance department’s performance

Ref: NS

We’re here to provide excellent service but a little help from you can ensure a five-star candidate experience from start to finish.

Before you click “apply”: Please read the job description carefully to ensure you can confidently demonstrate why this opportunity is right for you and take the time to put together a well-crafted and personalised CV to further boost your visibility. Our global Talent Acquisition team members are all assigned to specific businesses to ensure that we make the best matches between talent and opportunities. We not only consider the requisite compatibility of skills and behaviours, but also how candidates align with our Values of Respect, Integrity, Collaboration, and Excellence.

As part of our candidate experience promise, we also want to make ourselves available to you throughout the application process. We make every effort to review and respond to every application.

#IFTTT #Blogger

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treuae-blog · 7 years ago

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Apartment rental/lease law of Sharjah UAE

Reach out for Trust Real Estate a one stop solution for your housing needs. We have range of apartments for small unit like studio to villa and even shop unit to sub properties like ware house.

Our dedicated real estate agents work will in-sight details of what you need, and offer you the kind of apartment that you are expecting.

Trust Real Estate works with the criteria like you are in need of small unit, with bed room and how many of it, like 1bhk, 2bhk, 3bhk, and more, with amenities included like balcony, extra bath, air-conditioning, shared gym, self catering facilities for bachelors, full furnished, partly furnished, unfurnished and so on.

Rules and Regulations that need to follow while renting an apartment

· Always consider to avail a legal way to rent an apartment, believing some person without legal documents its high risk activity.

· Trust Real Estate collects all your legal documents like passport copy, visa copy, emirates id, photo, and signed contract with our company.

· After finalizing the apartment that you are going to rent a legal tenancy contract will get signed between the owner and the tenant.

· Before shifting to the new apartment, if there is any renovation work that will be carried out by the apartment’s owner. We will make sure that everything is working and fixed for you, before handedly.

· After shifting to the apartment the tenant must do the maintenance payment till vacating the respective apartment.

· After renting the apartment the tenant can make it as the bed space, partition, bachelor’s room with the permission of the apartment’s owner.

· You can’t decide such things without the permission of owner.

Keep your tenancy contract safe for further verification in future

Sharjah rental/lease law and registration details

Applicable Sharjah Tenancy law - Sharjah Law regarding the Landlord and Tenant Relationship in Sharjah (Law No. 2 of 2007); Executive Council Resolution No. 6 of 2013,No. 2 of 2010, No. 26 of 2007,No. 15 of 2007.

Dispute Resolution Authority - Rent Dispute Resolution Centre.

Leases that can be registered - All short term lease agreements not exceeding 5 years in tenure.

Registration Fees - 4% of the annual rent for residential contracts; 5% of the annual rent for commercial contracts; 3% of the annual rent in case of investment contracts.

Fees to obtain the standard contract documentation – AED 50

Where to register? - Sharjah Municipality (for registration until 1 September 2016);

All registrations from 1 September 2016 will be completed online through an electronic system.

Effects of non registration - Article 3 of Law No. 2 of 2007 states that if the party obligated to register the lease fails to do so with the specified time frame, the other has the right to request an execution judge to force the party to fulfil its obligation. Secondly, non registration of lease contracts will attract a fine equal to three times the registration fee upon the party who was obligated to register it. Sharjah Municipality or government departments or institutes will not services in any dispute or transaction to an unregistered lease contract. To know more treuae.com

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