Publications

Bounced Cheques in the UAE & Emirate of Dubai

Dishonour  of cheques or bounced cheques are primarily governed by Article 401 of Federal Law No. 3 of 1987 (the “UAE Penal Code”), which reads as follows:-  “Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for ...
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Donations & Charities in the Emirate of Dubai

General overview Charities or donations are one of the mandatory duties to be observed by an individual practicing the Islamic faith as per the 5 pillars of Islam. The term in Sharia is “Zakat”. Hence, such a concept is actively present in the United Arab Emirates (UAE) which is closely monitored and heavily regulated. In the recent past there has been a requirement for payments made as charity ...
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The practice in the cryptocurrency trading in UAE

The practice in the cryptocurrency trading in UAE 1. Introduction The year 2017 started with a shocking surprise for those (individuals and companies) participating in cryptocurrencies trading in the UAE due to the UAE Central Bank’s unforeseen Regulatory Framework for Stores Values and Electronic Payment System, which stated that “[a]ll virtual currencies are prohibited”. On 1st February 2017,...
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TRAVEL BAN IN THE UAE

TRAVEL BAN IN THE UAE The third chapter of the Constitution of the United Arab Emirates, dealing with freedoms, rights and public duties, stipulates in its Article 29, that “freedom of movement and freedom of residence shall be guaranteed to citizens within the limits of the law”. That means that a person cannot be banned or prevented from traveling outside the UAE, unless the law permits such a ...
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Companies Buying Real Estate in Dubai

The type of company that can purchase property in Dubai is dependent on where the property is located, the nationality of the owner of company and the structure of the company.   The restrictions on purchase of property by foreign companies has been heightened to keep in mind the anti-money laundering legislation. Article 4 of Law No. 7 of 2006 (the "Law") concerning Real Property Registration...
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UAE Agency Law

Federal Law No.18 of 1981, as amended by Federal Law No.14 of 1988, Federal Law No.13 of 2006 and Federal Law No.2 of 2010 ("the Agency Law") governs commercial activities relating to agency and distribution agreements ("Agency Agreement"). It is important to keep in mind no distinction is made under the Agency Law between an agency and distributor, although they are different commercial arrangeme...
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الفرق بين شرط التحكيم ومشارطة التحكيم

الفرق بين شرط التحكيم ومشارطة التحكيم
الفرق بين شرط التحكيم ومشارطة التحكيم. مشارطة التحكيم، فتفترض مبدئيا، عدم وجود شرط تحكيم في العقد ويقع النزاع بين طرفي العقد. فبدلا من اللجوء للقضاء، يتفقان على إحالته للتحكيم، ونكون هنا في إطار ما يسمى بمشارطة التحكيم. فالفرق ما بين شرط التحكيم ومشارطة التحكيم اذن، هو ان الأول يتعلق بنزاع مستقبلي محتمل، في حين تتعلق المشارطة بنزاع أكيد وقع فعلا. ويفترض في الحالة الأخيرة ان يتضمن الاتفاق ماهية ال...
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Post Termination Restriction Rights

There is always a concern that hovers over the Employer upon departure of the Employee, especially where the Employee has been subject to confidential information and know-hows of the Company. The Ministerial Resolution No. 297/2016 published earlier this year paved way to enforce a post-termination restriction in order to safeguard the interests of the Employer. Article 127 of the Federal L...
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DIFC Courts Wills and Probate Registry

The DIFC Courts Wills and Probate Registry (WPR) is aimed at creating certainty and security for non-Muslim expats who do not want UAE laws of succession to apply to their assets.   The DIFC is the first jurisdiction where non- Muslims are able to register a will under common law rules. In order to register a will at the WPR, the testator must not be of Muslim faith, be over the age of 21 years...
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Musataha Agreement

Musataha Agreement
  With the rapid growth in business and infrastructure resulting in the high influx of foreign nationals into the United Arab Emirates, investment opportunities in land and protection of interests need to go hand in hand. The ownership of land in Abu Dhabi, the capital of United Arab Emirates specifically addressed in this article is restricted to UAE Nationals alone, i.e. they basically h...
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