Q: Dear Sir, Myself Kumar; We took one project on low-cost basis based on the client's representative's verbal inquiry. The contract also signed, we took 50% advance for that job also, after working in that project we found that we can not continue that job if we to do so we have to face a huge loss. Shall we claim additional variation? If they refuse to pay additional variation, shall we cancel the contract? (we are willing to pay the entire amount including advance) Kindly advise the legal consequences on above points as per UAE law.

Q: We sold a car on dubizzle and accepted a bankers draft cheque, after 2 weeks we find out from HSBC the bankers draft is fake. It was for 370,000 Dhs, we have registered at the police, but feel nothing has been done. We gave the police a copy of the guys I'd card, they confirmed he has 7 cases against him. CCTV will show him at RTA, why can't the police go to his home or work, I thought an ID card meant they knew where everyone is. The guy is Emarati, how can we get our money back? We know the car has been sold on.

Q: I paid an advance to a seller for a used car. I was supposed to pay the rest of the money and get the car registered the next day. Due to unforeseen circumstances, I couldn't complete the deal and called it off within 24 hours. I requested for a refund of my advance amount, but the seller says he will not do that. I also found out later that he has not told the complete truth about how he got the ownership of the car. This also partially influenced by the decision to call off of the deal. We have not signed any contract saying that my advance money will not be refunded. I want to know whether I am legally entitled to the refund of my advance?

Q: I had a deal with a transport company to buy a vehicle. I had given them post-dated cheques to hand over the vehicle to me. After that, neither they handed over the vehicle nor returned the cheques. I tried to contact them but all in vain. In the end, I had registered a case in Dubai Courts. The case was referred to AMICABLE Disputes Department. No one from that company came for the hearing. A guy in AMICABLE Department told me that they tried to contact the company on contact details e.g. mobile number, landline and fax & physical address provided on their trade license but could not have a contact. So I was told that the case will be referred back to Dubai Courts and I need to get a hearing date from the Judge. Yesterday I approached the bank and asked them if I can block the issued cheques and I was told that yes, it can be done. My question is that, will it be a wise step to block the cheques and continue the case in court? Kindly suggest. Thank You. Regards.

Q: I am a private investor (individual) and I have a lending contract with a Sharjah FZE company represented by its director and shareholder, who also has other Dubai based company. Returning the payments wasn't met despite reminders and extensions. The contract has a late-payment penalty clause and dues are well above the original amount. The issuing bank (balance verification check) informed me that the security cheques were also invalid, as that the account had already been closed prior to issuing the cheques. The contract has a DIFC arbitration clause and UAE jurisdiction. The cheques are not formally cashed yet. What are my options to pursue civil litigation or other debt-recovery means? Arbitration? DIFC SCT? DIFC CFI? Dubai Courts? Current dues are in the range of US$100,000/- including ongoing penalties. I have a signed and stamped original contract, witness IDs, trade license and original security cheques. I am seeking to engage legal expertise for a reasonable fee, preferably linked to a percentage of a successful claim.

Q: Good morning Sir. I have export perishables to Al Aweer market, and this particular gentleman paid for the first few orders but for the last few he didn't pay. He said tomorrow and it has never come. I have all the documents and I filed a complaint with Dubai police, and I have the complaint numbers as well. Now, my finances are very bad. If you could recover my money from this man, it will be a great help for my family. I trust Dubai people and this is what happened to me. If you could get your professional fee and get me the balance, then we can reach an agreement.

Q: Breach of contract - cleaner/nanny. The company providing the services breached the terms of the contract. I need advice on my legal options.

س: أنا أتساءل فقط، لقد ألغى أحد عملائي العقد الممنوح لنا قبل تنفيذ العقد وفقًا لبند الإنهاء الذي ينص على أنه يمكن إلغاء العقد عن طريق إخطار مدته 5 أيام. ومع ذلك، فقد أمضينا وقتًا وصرفنا موارد معقولة لتنفيذ الخدمات منذ منح العقد. هل لدينا أي أساس قانوني لطلب تعويض جزئي؟

Q: Dear Sir, looking for a legal advice, UAE. We are lessors having a binding lease of equipment agreement with a lessee for a few years, which is not profiting us. We're trying to terminate the contract. The agreement's termination clause itself only the lessee's interest to terminate. How we as lessors can terminate the contract? Thanks

إن هذا المقال القصير يتناول بعض الجوانب الهامة والقواعد الأساسية التي يجب على المرء أن يأخذها في الاعتبار عند اختيار التحكيم باعتباره الوسيلة المفضلة لتسوية المنازعات.

An interview-format article covering the topic of bounced cheque scams in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.