Questions & Answers - Legal Advice Middle East

What legal action you can take against company cheque fraud and breach of trust?

Q: What kind of case I need to file against a person which abused my trust, had access to my company chequebook, filled, signed with his own signature and handed over cheques to third parties without having an authorized signature in the bank? To mention that the cheques were issued to replace cheques issued by another company, belonging to the accused party. All the cheques bounced due to a mismatch of signature. Meanwhile, the accused is imprisoned due to other bounced cheques issued from his own company. I`m being sent with complaints from Police to public prosecution and back, while the situation brought me in the position of not affording to pay a lawyer in advance due to accounts blocking and police case cascade against myself, from which in some cases I was already cleared.

How to combat a court judgement in favor of client for incurred losses

Q: We had a commercial case from our client after he breached the agreed completion period. He claimed more than what he has paid as an advance and we have proved that the work is done close to the advance received. The court has given the judgement to pay back part of the advance received against the work completed but we are not happy with the judgement as we have incurred losses due to the extended execution period. During the court sessions, we have defended ourselves for the claims made by the client and we haven`t been to the court of cassation. Referring to the res judicata, can we open a new case for the damages incurred along with the loss of profit for the termination of the contract as he delayed the project beyond the agreed execution period? We have even delivered the required materials to the site for execution. He has blocked our license and in the interim, can we request the court to settle the payment to the client in small monthly instalments?

Is it legal to cooperate with salespersons sponsored by employers or spouses?

Q: Is it legal to sign an agreement with an individual to sell products and services for my sole proprietorship company purely on a commission basis? The individuals are from different backgrounds, some are working in some companies, some are on a spouse visa.

Can a broker in the UAE sell property located in India in the UAE?

Q: Dear Madam, Can I raise a complaint in the UAE against a developer selling properties of India in the UAE?

Returning to Dubai where there are unsettled loans

Q: I have lost my job in February 2020 during the COVID-19 pandemic with a 38k auto loan and 21k as a credit card. Now I want to come back to Dubai. What consequence I have to face? Do I need to pay a fine to avoid detention or need to pay bail after arrest?

Can you pay your credit card debts from overseas due to visa cancellation?

Q: Will I still be able to pay my credit card from overseas? What happens if I am already outside the UAE then my visa got cancelled? Will the bank close my bank account or I can still continue to pay my debts?

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How to claim compensation from a developer for delay in handover

Q: Greetings, The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation? At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount. I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value. With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years). And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?

Civil case by the bank claiming cheque amount more than the original debt

Q: Cheque bounce cases do not end by paying a fine in the Dubai police station. Dubai civil court gives judgment in absentia for cheque amount + 12% interest. The civil court execution department put a travel ban and you get arrested at the Dubai airport/your office/home and you stay in jail until you honor civil court judgment. Banks do not negotiate or talk about this stage. What to do if you do not have money to pay civil case judgment of cheque amount + 12% interest? How to get out of this problem?

How to manage company operation in the absence of one partner?

Q: Dear Sir/ Madam, I am a partner in an LLC Company in Dubai, UAE. My other expatriate partner has gone to India by giving power of attorney to her friend. Currently, the business is at a standstill and all business-related documents have been kept locked in their house in Sharjah which I am not able to use. My questions are as below: 1. For how many years is the special power of attorney valid? 2. How can I claim the business documents? (Should I contact the Police). 3. Is the power of attorney valid after the death of the expatriate partner? 4. Will the debts of the old company where I am a partner affect the new company which I register in Dubai?

مقاضاة شخص لإبرامه عقد عن شركة وهمية

س: إذا أُبرِم عقد عرفي معي باسم مؤسسة أو شركة والشخص الذي مثّلها أثبت أهليته للتعاقُد بموجب جواز سفره واتضح أن هذه المؤسسة أو الشركة لا وجود قانوني لها، فهل يمكن إلزامه شخصيًا بالمستحقات المترتبة على العقد؟ وما الإسناد على ذلك من الأحكام السابقة في دولة الإمارات؟ شكرًا!

Harassment to get an interest along with the lent amount

Q: Hi sir, I am a mom of two kids. We are on a visit visa. My husband is running a technical service company. He borrowed some amount from my neighbor using his credit only. My hubby returned almost the full amount but that guy did not accept. He wants more interest so he is threatening me. He posts my family photos on Facebook and pastes all buildings. He got my mother`s address in my home country and blackmailed me to send some people to my mother`s home. I am afraid sir! Can we raise a complaint against him? We have proof about what amount we got and returned to him.

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What to do with an abusive brother?

Q: My brother is physically, mentally, and emotionally abusive since he was a kid. There were times the police were about to be called on him since he hit other kids. He has hit my mother in the past and he still mentally tortures her. He has physically abused me not only at home but outside too and there were CCTV cameras. I have proof of him hitting my little brother but I am afraid to file a case since my mother is mentally ill and my father just wouldn`t care about what he does anymore. I am going to have another sibling and I am really afraid that he will be continuing this behavior forever and will be a threat to our family members. I am genuinely tired of living in fear for myself and my family members every day. Please help me to know what can be done on this matter legally!

Is it possible to give a POA and file for insolvency in absentia?

Q: Insolvency Law No. 9 of 2019: Court may order to stop all criminal and civil proceedings against an individual defender. I do not live in Dubai, UAE, and I am currently hiding out overseas. I have pending 2013 judgments by the criminal court in absentia and civil court in absentia. - Could you please recommend an experienced lawyer to file for insolvency in Dubai Court? - Is it possible to give a POA, my lawyer file insolvency in absentia, and obtain bail from the same court?

إلزام مُدَّعى عليه واحد فقط من مجموعة بسداد المبلغ المستحق

س: في دعوى مدني كلي، المطالبة بإلزام المُدَّعَى عليهم، عدد 12 شخصًا، بسداد مبلغ وقدره (.....) (بالتضامن والتكافل). صدر منطوق الحكم "بإلزام المُدَّعَى عليه بسداد مبلغ وقدره (.....) والفائدة القانونية (......) وأتعاب المحاماة (......)". السؤال هنا عن إمكانية تحديد المبلغ المترصّد على مُدّعَى عليه واحد فقط؟ وكيف؟

Suing a company for forging a contract and registering an employee in MOHRE fraudulently

Q: Dear Sir, A company has presented me with an unlimited MOL job letter starting from serial number ST............. and that has been signed by me and sent over email to the company. Someone from the company has typed a limited MOL contract starting from serial number MB......... and in this contract, he cropped my signature and pasted it in the limited contract fraudulently and submitted it to MOHRE and accordingly to that fraudulent contract, MOHRE has registered me with a limited contract. So practically this contract is a fraudulent contract. I want to know, if I file a case against the company for registering a contract fraudulently, then what will be the legal liability on the company and what benefits will be provided to me? Thank You!

Can the labour court suspend case proceedings due to an ongoing criminal case?

Q: Can a labour court suspend an appeal due to an ongoing criminal case?