Questions & Answers
Questions & Answers
4 available 4 • View allFiling a commercial case to recover an outstanding invoice


3
Q: We have an outstanding invoice with a company in the UAE who refuses to pay.
Over the past 3 years, they kept saying they will start making payments on a monthly basis, however, nothing happened.
We have all the communications detailing their lack of payments. The sum is about $24,000.
Can you advise on the process and cost of taking this claim forward?
Regards



Jun 23, 2019
6387
Recovery of a commercial invoice against supplied material
1
Q: Hello.
We supplied material to a company in Abu Dhabi, but now they are not paying the invoice.
What to do?
Please help.

Nov 27, 2018
663
Recovery of the invoice amount from a client
4
Q: Hi.
I have tools and hardware small business. I supplied goods to one company in Dubai and the payment is pending since May 2017.
The total amount is AED 59,652, and the company owner is not giving any reply nor picking up any calls. In this situation, what do I do?
I don't have any PDC cheque, I have the company's LPO copy & Inv-do!

Feb 24, 2019
1622
How to sue a company for forging invoices to get a verdict against our company


0
Q: Greetings!
A company filed a claim against our company for an unpaid invoice amount; they got an order from the primary court in Dubai against our company based on forged invoices.
1- We never received any summons/notice of the claim against us (neither from the court nor from the claimant), so we can file our reply/defence;
2- Once the court issued its order, we were served with the court order to pay the x amount; and
3- The claimant forged invoices (their receipt by our company by forging our employee's signature on such invoices).
Questions:
1- Is the lack of summons/notice a ground for appealing the court verdict?
2- Isn't forging someone's signature a criminal act under the UAE law?
Any advice will greatly be appreciated.
Thank you!



Feb 25, 2021
339
Legal blog
2 available 2 • View allHow to Increase Chances of Getting Your Invoices Paid in the UAE 0
An interview-format article covering the topic of how to increase chances of getting your invoices paid in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 24, 2021
698
Payment Orders in the UAE 4
An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 24, 2021
1352
Laws & Regulations
5 available 5 • 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
148394
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
75320
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
33016
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19098
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3532

Other answers by
23 23 answers •
View allتكاليف تعيين خبير في قضية تتعلق بشركة مقاولات والمسؤول عن تعيينه وحياده 0
لدينا قضية مدنية مرفوعة ضد الشركة؛ وهي عبارة عن خلاف في حساب الكميات وجودتها داخل شركة مقاولات حيث فرضوا غرامات علينا لأعمال لم تكن في نطاق عملنا.
السؤال:
في حال استدعت المحكمة خبيرًا فنيًا للحكم بيننا، مَن يدفع راتب الخبير؟ ومَن يُعينه؟ ومن أي جانب يأتي لضمان الحيادية؟
May 10, 2020
1779
Agreement with the employee to get an advance payment on gratuity 0
Dear Legal Advice ME
I own a company in DIFC which is struggling due to the current crisis and employees were given three months notice because the company will probably be forced to close.
One employee is asking if he can take his gratuity early as his wife has lost her job due to COVID-19. Can I legally give him a loan against a percentage of his gratuity?
He has worked for me for 16 years.
Apr 16, 2020
5738
Early termination of a tenancy contract when the landlord is not responsive 0
I want to early terminate my tenancy contract of one of my nurseries in JLT (retail unit) as the business is completely shut since March. I am unable to contact my landlord who is a Chinese national; he does not reply to email or call and may not be in Dubai.
The final cheque is due 01 May 2020, what should I do?
Apr 9, 2020
1413
استرداد العربون بسبب مخالفة بنود العقد لاتفاق المشتري والمطور 0
دفعت مبلغ حجز لمطوِّر قبل توقيع أي عقود رسمية لشقة، عند معاينة شقة العرض للمشروع قام البائع بإبلاغنا بأن رسوم الخدمات ١٤ درهم وبأن الشقة سيتم تسليمها بنفس تفاصيل تشطيبات شقة العرض وأن العقد غير جاهز حاليًا وسيتم تجهيزه بعد يومين.
تم هذا كله أمام أحد الوسطاء العقاريين الرسميين، وعند طباعة العقود تبين أن رسوم الخدمات ١٧.٥ إلى ١٨ درهم والتفاصيل التي ذكرها البائع بشأن بعض التشطيبات كما بشقة العرض غير مذكورة بالعقد، وعند العودة الى البائع تردد وأنكر وبعد مخاطبة شركته، لم يتعاونوا معي أبدًا ولم يُعيدوا مبلغ الحجز.
كيف يمكنني استرجاع المبلغ علمًا بأنه يوجد لدي فقط وصل مختوم بالمبلغ المدفوع وشهادة شركة الوساطة العقارية؟
Apr 9, 2020
13765
Termination of off-plan apartments' contract without sending written notice 0
I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA.
According to SPA:
"Without prejudice to the Seller's rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months."
No written notice was received, despite requesting it on 21/09/2018 by email (no reply).
After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate.
I didn't send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020).
Is this a good cause for termination?
Mar 23, 2020
451
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