Questions & Answers
Questions & Answers
10 available 10 • View allRefusal to pay for the job done
1
Q: We are a software company who have signed a contract with a client. The contract expired in Nov. 2015. We continued to work with the client on the project. We received 5 payments out of 7 payments that were due. Each payment was linked to a milestone in the project. Now the client claims the software solution is not up to the quality they want and they want to sue us for damages.
In the contract, we have a clause that says they can sue for a maximum of 50% of the money they paid us. However, each of the 5 payments they made were linked to a milestone of the project contract and the payments that were made were approved by their managers who now claim that the software quality has an issue.
Are they entitled to sue for damages? How can we best protect ourselves?

Jan 30, 2017
1114
Legal action for commercial refund from the seller
0
Q: Hello, Sir/Madam
Can you advise some lawyer who can help us? We need lawyer support, we have a problem with a Dubai-UAE company.
We paid this company on 05 December 2016 for 1 container of cigarettes and they promised us to deliver to the UAE within 25 days.
Until now, they are delaying this delivery and saying that the container has already arrived, but it is with Dubai custom and we heard those stories until now.
They refunded most of the amount, but still missing near 18000$ and their last payment was in May 2018. Now they play games and always lie and answer with stories like he answered all those 2 years.
Please advise what we need to do and how much it will be for us.
Let me know please.
Regards,
Viktor Lunkevics
General Manager
GLOBAL STOCKS OU
+371 22365305 / +372 54944080

Dec 4, 2018
785
Claiming money paid for closing a company after failing to deliver
0
Q: I am from India.
We had a company registered in the UAE and we were willing to discontinue it. So we paid some amount to a local person in Dubai in order to complete all formalities of closure.
There was not any formal agreement, but there was an email communication to complete it. But in spite of the passage of one & half years, he has neither closed my company nor paid me back that amount.
Now, he is not responding to me on email.
Please advise me about my options.

Nov 5, 2018
248
Claiming price of supplied equipment without confirming the order
2
Q: Hello,
I hope all is well.
I have an events company and a supplier has given me a quotation for a wedding free of charge with a design without asking for charges.
The wedding had a lot of planning hiccups so it was dragged along but I promised to try to give it to him if it’s possible but had not confirmed either verbally or on a signed agreement.
And till 2 weeks ago I told him I will need to use a local supplier rather than him but if I needed more equipment I would tell him and he replied by saying please do send me a list if u require anything.
However, there is no signed agreement and the quotation was for 1.7 million dollars and there’s no agreement with him and the wedding is November 8-9, so I am sure he knew he wasn’t getting it.
Is he allowed to file a case based on nothing written and signed because we all know no supplier works on anything without signed contract and deposit and that’s in every contract?

Oct 28, 2019
259
Claiming refund from a deceiving service provider

2
Q: I paid AED 15000 to avail services of a holiday service provider. Looks like the company is shut down now.
I am not getting any responses. Is there any way to get the money back?


Feb 4, 2020
829
Filing a case against a company for failing to provide services after payment


3
Q: Good day,
Please advise on the following:
Our company ordered an advertising service from another company in Dubai. We have paid the full amount in advance, but have not received any service.
It's been around 11 months since the order was placed and paid. The advertising company representative doesn't answer phone calls, same goes for their office.
Our company owner wants to raise a legal case against them to recover the amount paid.
Please advise what is the process and the cost of the same.
Thanks in advance.



Feb 7, 2021
1462
Is the seller of goods liable toward the buyer when the supplier fails to deliver?

1
Q: Hi,
We entered a contract as a trading company to supply goods to a client in Europe from the supplier company in Vietnam. Terms of sales were FOB. The supplier in Vietnam did not perform and deliver the goods to the client's forwarder.
We have filed a civil case in Vietnam against the supplier to refund the payment made to them or provide the goods. The amount is USD 800,000.
The end client in Europe is threatening to file a case against us in the UAE even though they are fully aware that we have transferred all funds to the Vietnam company.
Under good faith, we kept them updated but now they are impatient and want to recover the money from us saying their contract is with our company and have nothing to do with the supplier in Vietnam.
My queries:
1. Can we place a defence if a civil case is filed against us.
2. What are our rights to defend?


Mar 27, 2021
178
Claim of refund and compensation from online events supplier for breach

1
Q: Hello,
We hosted a digital online event with a supplier and paid 50% advance and provided them with an invoice-based PO for their services.
During the event, their hardware crashed and their CEO requested us to cancel the event and postpone it after 2 weeks.
With no options during the event and disappointing used experience throughout the event, we had no choice but to take their recommendation.
We canceled the original event and rescheduled for the new date they proposed. During the NEW date event, only 300 people participated instead of the 1800 registrations.
Can we request a refund and cancel our PO based on the fact that less than 20% of the users showed up after their first experience?


Oct 20, 2021
313
Breach and non-performance of a website and mobile app development contract

0
Q: Hi,
I would like to inquire what are the claims and remedies can I have for the following situation:
1. Delivery date as per the agreement was 110 days, however, it's about 9 months now and the delivery is not done.
2. Website and mobile app developer states that they cannot deliver all the scope that is agreed in the contract (they informed me after 8 months).
3. They threaten to stop the website development if I don't pay the second payment (we pay what they demand although they have not delivered anything yet).
4. The website and app developer promised to deliver the project as per the scope and timeline and advised that I cancel the contract with my previous developer (I cancelled the contract with my previous developer because of this promise).
6. The developer did not allocate dedicated staff for the project although our contract states that they will allocate resources and skilled staff to finish.


Nov 24, 2021
252
What can we do if the courier company failed to deliver all the goods we ordered?
2
Q: Our Issue is with the courier company. We have an account with that courier company.
We had recently booked the courier to pick goods from France and deliver them to our shop in Dubai.
So it was total of 50 carton (200pcs) which they had to pick and deliver to us. They picked 50 cartons but delivered only 47 cartons.
And now they don't know where those cartons are and because of that, we are facing issues with our customer.
When we call the courier they are not replying and when we email them they are telling us that they are investigating. But still there has been no result of the investigation.
So please advise what is the procedure to move with this.

Jul 5, 2022
252
Legal blog
2 available 2 • View allContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 3, 2021
1133
Online POA and Other Notary Public Services in the UAE 28
With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.
Jun 8, 2021
19171
Laws & Regulations
3 available 3 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148361
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
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.
Feb 24, 1992
75296
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
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.
Sep 7, 1993
33004

Other answers by
9 9 answers •
View allRecovering an amount lended to investors with security cheques 0
I had given a cash loan of 1.2 million to a restaurant owner in Dubai for 1 year, on a PDC security.
They served me some profit for almost a year, and when the date of repayment came, he started giving me different dates.
I bounced the cheques and complained in Dubai police, the police have opened a case and put a travel ban on the signing authority.
While running out of the country, the lady who was the signing authority was arrested and sent to the police station and from there to the public prosecution.
They used some links and skipped out of the country although the company and other partners are still in Dubai.
Please advise me what should be done to recover the amount, as the signing authority ran away.
Jun 11, 2019
568
Custody, guardianship and division of assets in a divorce 0
I want to divorce my husband; my concerns are as below;
If the divorce proceeding is under Sharia Law, what are my chances when it comes to;
1. Child Custody & guardianship - I believe I will get the custody until age 11. My question is if the husband is unemployed for 6 months now, can he still be considered as guardian since he can't provide for the family?
And if I can show that he has never been a provider for the family (basically, I pay ALL the bills since we got married) & I have a proof that he had an affair a year ago, can I get the guardianship as well & full custody?
Can the child get an opportunity to choose where he wants to live with when he reaches puberty?
2. DIVISION OF ASSETS - Since I got a land inheritance from my parents, is he entitled to get 1/2 of the property?
Obviously, he has no house/properties in his home country as well as savings and I am worried he will get everything. I own 50/50 in which he didn't sweat a dime on it.
Awaiting your advice.
May 23, 2019
647
Liability of company partners against the actions of a partner 0
Can I be held financially/legally liable for any actions of my ex-partner after exiting the business by share transfer?
May 14, 2019
1207
The procedure of status check due to unpaid loans 0
Hello,
I need to know if my husband has any open loans in the UAE, open police cases or travel bans. How to know this?
Thanks
May 10, 2019
465
Right of the child to decide the custodian after divorce 0
Is there a law or decree stating that a child (age 14) cannot be forced to live with one parent, in particular, if they do not want to (after a divorce)?
Does the child have the choice?
May 9, 2019
2207

Other answers by
81 81 answers •
View allCan a company change the holidays of the UAE for expat employees to their country's holidays? 0
Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
Jan 4, 2023
305
What should you do when you get a police call without knowing the reason? 0
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
2537
Partner's liability while other partners are outside the country 0
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
504
Trade license and banking legality for any kind of trading activity 0
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
495
Filing criminal and civil cases against a company for cheque bounce 0
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1680
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