Questions & Answers - Legal Advice Middle East

How to choose the suitable trade license when setting up a media company?

Q: Hello! I am in the process of setting up my business. I have doubts, however, regarding the kind of licence I should apply for. I have been through all the ones available and I am not sure which one(s) is most suitable. We want to set up a media company that will run a news website. We will be creating our own content (articles, videos, etc.) and publishing it on our website and social media channels. Do I need to get an online publishing licence? And/or a digital content creation licence? Or another one? Is that something you could help me with? Many thanks!

How to prove the partnership of a property with the fiancé?

Q: Hi! Last year, my fiancé and I put money together to buy a property in Dubai. The mortgage and title deed are both in his name as we were unsure if we could co-own as an unmarried couple. As I have contributed about 30% to the downpayment of the property and continue to pay about 30% of the mortgage, how can I claim 30% ownership? Would my name need to be on the title deed? Or can we have a contract written?

رفض دعوى ضد مطور عقاري بسبب شرط التحكيم

س: السلام عليكم، لدي استفسار بشأن قضية مرفوعة لدى محاكم دبي على مطور عقاري. اشتريت الوحدة سنة ٢٠١٤ على أن يتم التسليم في يونيو ٢٠١٦. وحسب العقد، يحق تمديد ١٢ شهرًا إلى يونيو ٢٠١٧. وصلنا لسنة ٢٠٢١ ولم أستلم الوحدة غير أنه أخلّ بالعقد بتغيير الوحدة من فندقي إلى سكني وذات مساحة أقل. رفعت دعوى لدى محاكم دبي الابتدائية ورُفِضت الدعوى ولم أعلم السبب ورُفعت الدعوى للاستئناف وحُجزت للحكم. المحامي أبلغني أن قضيتي مضمونة بنسبة ١٠٠٪ وأنا متخوِّف جدًا من الحكم الذي سيصدر من الاستئناف. علمًا بأنه تم سداد ٩٠٪؜ من قيمة الوحدة ولدى المحامي الإيصالات وكذلك لديه من دائرة السياحة ما يوضح تحويل المشروع من فندقي لسكني ولم يعوضوني. هل يمكن أن يصدر الحكم ضدي؟ أصبحت أشك وأدعو الله العظيم أن يأخذ حقي منهم.

Can I take my passport and follow up my labor case execution from outside the country?

Q: My company was not paying 6 months salary. Now the final judgment that was in our favor also finished 15 days and today I applied for execution. What should I do now? I want to go back to India my visa is finished this 31 Dec 2021. I want to continue my case when I am outside the country if possible. The company is not giving me the passport. Please suggest.

How can I check a possible travel ban due to deportation from the UAE?

Q: Asalam Alikom How are you? My name S. A. I`m from Pakistan. I want to check UAE deportation, can you help me? My WhatsApp number is [-----]. Please contact me, I`m waiting for your reply.

What are the legal documents required for investment as a silent partner?

Q: In Dubai, what are the legal documents required for investment as a silent partner for protecting capital and ROI?

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How can we remove an employee from our visa and labor system?

Q: Good Day, We are an education sector company. How can we remove an employee from our visa/labor system if he/she has already exited the country without proper signing of the official cancellation papers? They provided us with resignation after exiting the country. The employee even though resigned, occupies a dead space on our quota and this is very frustrating when we want to add or replace with another employee.

A project delivery is delayed for years. How to get refund?

Q: Dear sir/madam, Obtaining a refund from a developer. I bought an off-plan apartment a long time ago and paid around 70% of the deposit. The apartment was supposed to be ready by 2009 but it is still not ready. Around 2019, the developer changed, and then we have been told that the project will be finished by 2020. It seems that the project has not started yet or it is in the first stage of construction. I want to know how can I cancel my contract and get my money back? I appreciate your help. Thank you!

What can I do against the harassment of a debt collection agent in my home country?

Q: I have a few questions. I had taken a bank loan of AED 60,000 approx. in 2010 from a bank and after a few months of paying installments I came back to Pakistan due to some family issues and my job was finished. Now a local recovery person is approaching me and calling for settlement. That bank does not have any branch in Pakistan, I do not want to settle with any stranger. Many times I requested him for legal proceedings but not. Now he is creating problems for my job and visiting my home. As per the law, does he have the right to do that? Due to the Covid situation and financial crises I`m unable to pay now.

I received a job offer from a UAE company and asked me to pay for visa, is it scam?

Q: Hi I received a job offer from a company by the name of [-----] but they said I must pay for my visa and they will refund me. The human resources guy is [-----[ tel number [-----]. How do I know if the job is not a scam?

How to request a full check of pending cases for bounced cheques?

Q: Hi, I would like to request a full check of any further pending cases against me for debt (bounced cheques) in both Dubai and Sharjah, this occurred over 10 years ago when I was a resident. I was arrested upon arrival at Dubai airport in 2008, taken to Sharjah court and had to pay AED 10,000. I actually don’t even know what debt that was for, or if it was a penalty, the debt is gone now. I do think there are further unresolved problems. What documents do you require for the investigation? And can you, in the event that there may not be any further cases, provide a clearance certificate or clear my criminal record? Sorry, this is a long set of questions. Also, What would the cost be? Thanks

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How to get legal assistance to settle a civil case filed by the bank against a loan?

Q: Hi, I had taken a personal loan from a bank (it`s now under a different name) back in 2018 for AED 260,000. Then I left the country and continued to pay for a while, but then I couldn`t and now in Dec 2020, they have filed a civil case. I would like to know if I hire a lawyer for my case to clear, would that help to solve the issue or should I try contacting the bank to negotiate? Not sure if the bank will negotiate to close the outstanding as I was told by a friend that banks have insurance on the debt that is lent. And if there is a civil case, they can claim insurance for the lost money rather than negotiating especially after a civil case is registered. Is that true? I want to clear my name at the earliest but I don`t have that much money (now AED 293000 with interest and late fee). In a civil case, what are the proceedings if I hire a lawyer? And does it help to get the amount of payment lowered? If so, how much lower can the court order to close the case and how long would it take? Thanks.

Filing a case against a husband residing in the UAE while being in home country?

Q: As-Salaamu Alaikum Sister, Quick questions regarding my sister: My sister is currently married to a UAE resident (from Pakistan). They got married (Nikah) in Karachi, Pakistan. Then he applied for her visa and they started living together in Dubai since he was already living there. They lived together in Dubai for about a year. He recently sent my sister back to Karachi, Pakistan after saying that he does not want to live with her, and right after he sent her to Karachi, he canceled her visa as well. They are still married but he is not giving her any expenses at all. He also divorced a girl several years ago. He is not directly telling my sister that he wants to divorce her but keeps telling her that he can’t live with her. Should my sister re-apply for a visa and go to Dubai to pursue her case there for better legal actions/results? What kind of alimony will my sister be eligible for? Any suggestions. Thanks and I look forward to booking a session to chat further.

How to get a travel ban removed after paying the whole pending amount of a claim?

Q: Dear sir/madam, I had a case with the company. The company won the case and I had to pay 9000 AED. I was out of the UAE. The court issued an arrest warrant. I came back and It was 11000 AED. The company had to pay me 3100 AED and 2000 AED for the ticket. I opened an execution file and the court deducted the amount due. I paid 20% and applied for installments. The first installment should be on the 5th of Feb 2022, but I paid all the pending 4402 AED in cash. I have a travel ban because of this case. How to clear that? What documents will the court give me? So can I proceed to immigration for my new visa?

مستحقات الموظف عند توقفه عن العمل بسبب حادث سيارة

س: السلام عليكم، أعمل لدى شركة منذ 4 سنوات وأتقاضى راتبًا إجماليًا قدره 4 آلاف درهم والراتب الأساسي 2400 درهم ولي مستحقات بدل إجازة من تاريخ 13/06/2019 حتى 31/01/2022. نتيجة حادث سيارة في أثناء وقت العمل، توقفت عن العمل من الفترة 27/12/2021 إلى 31/01/2022. استفساري بخصوص الآتي: 1- بدل الإجازة المستحق. 2- نهاية الخدمة. 3- المستحق لي من فترة إصابة حادث السيارة.

تنفيذ حكم صدر في قضية عمالية بالنفاذ المُعجَّل

س: السلام عليكم، صدر حكم لصالحي في قضية عمالية منذ أسبوع فقط. الحكم بالنفاذ المُعجَّل في محاكم أبو ظبي. ما النصائح أو الأمور الواجب اتباعها لتنفيذ الحكم؟ وشكرًا جزيلاً!