Questions & Answers
Questions & Answers
6 available 6 • View allProcedure of reclaiming a debt through DIFC arbitration
0
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.

Dec 19, 2017
624
Understanding liabilities before signing a debt settlement agreement
0
Q: Salam Naser,
I was in dispute with a client over non-payments and now it's the time we agreed to sign a settlement agreement.
Her lawyer has sent the agreement letter which has the following two terms in it and which are not clear to me. It will be nice of you if you can guide me accordingly.
"1. Indemnity
The Parties agree that it shall indemnify and keep the other party indemnified from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the party arising out of the other party carrying out its obligations under this Settlement Agreement or breach or negligent performance or non-performance thereof."
Confusion, who will be the authority to define these losses...etc? It's a very technical term.
"2. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without giving effect to any choice of law or conflict of law provisions. The Parties consent to the non-exclusive jurisdiction of the DIFC Courts."
Confusion, They're mentioning DIFC law specifically, I don't know the reason. Should it be the UAE courts laws in general?
Your help and suggestion will be highly appreciated.

Jul 11, 2018
1540
Civil case jurisdiction for a bounced cheque

0
Q: I have filed a civil case against a person in Dubai court for bounced cheques and have presented all the cheques as evidence.
I have an agreement too which says that the agreements between the two parties are binded by DIFC law.
My Question is, do I need to file a case in DIFC court or I can continue it in Dubai court?
What are the fees and procedure for DIFC court?
I am also looking for a lawyer to help us in this process and would like to meet in person.


Mar 27, 2018
590
Is it allowed to be represented by a lawyer before the small claims tribunal judge?
1
Q: Dear lawyer(s),
I have a case against me in the DIFC small claims tribunal. Am I allowed to be represented by a lawyer before the small claims tribunal judge?
I know I can have assistance in preparing any defense, but can I be represented by a lawyer? If not, is it possible to submit permission before the court and ask for a lawyer's representation?
Thank you in advance!

Jul 28, 2021
532
Enforcing DIFC STC judgment against onshore company in Dubai Courts
2
Q: Dear Sir/Madam,
I have a DIFC Small Claims Tribunal judgment that I need to enforce in the Dubai Courts against an onshore company.
I have the STC order and enforcement letter in Arabic.

Sep 14, 2023
121
Does the term "Dubai Courts" or "Courts of Dubai" also include DIFC Courts?




1
Q: Dear Lawyers,
Does the term "Dubai Courts" or "Courts of Dubai" also include DIFC Courts?
Are there any previous judgments from the Dubai Courts that mention this? I'm aware of the DIFC judgment, but I need a Dubai Court judgment.





Aug 21, 2024
91
Legal blog
2 available 2 • View allHow to Get Paid if You Are a Small Business? 6
An interview-format article covering the topic of getting paid for small businesses in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 15, 2021
481
Case Summary in DIFC Courts, Small Claims Tribunal 3
Introduction: In the case of [A] v [B] [2024] DIFC SCT, the Dubai International Financial Centre Courts’ Small Claims Tribunal addressed a dispute concerning the non-payment of invoices. Natalie, the claimant, alleged that Nola, the defendant, had failed to fulfill payment obligations outlined in an Engagement Agreement dated November 23, 2023.
May 2, 2024
281
Laws & Regulations
1 available 1 • View allFederal 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
75298

Other answers by
110 110 answers •
View allHow to act against a civil case for a bank loan 0
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4176
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1399
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2472
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1264
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
575

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
344
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2649
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
363
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
357
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
392
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