Questions & Answers - Legal Advice Middle East

Filing a case against a company for failing to provide services after payment

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.

The repercussions of leaving work without informing the employer

Q: What are the provisions in labour laws if someone leaves the country permanent, without informing the employer due to family emergencies?

How to clear a bounced cheque jail sentence and return to the UAE

Q: Hi, I have a cheque case in UAE (Amount is AED 345000) since 2018. During my absence, the court has judged 18 months of jail. Now I`m in India, how I can clear it with the use of a POA and what is the time frame as well?

How to make loan settlement with the bank to avoid a civil case

Q: Dear Legaladvice Me, I have a personal loan of 28k and accrued to almost 50k currently that was not paid for almost 2 years now. The bank has already bounced the cheque and fine has been paid. In relation to this, I have questions Will the civil case likely happen? Is it better to wait for the civil case or negotiate with the bank as I believe it is still can be negotiated through court? I have been trying to ask for a discount but the bank is not refusing to. Looking forward to your advice.

What do you need to conduct the business of a parent company in the UAE

Q: I am planning to form a US-based LLC with a business partner to create a smartphone application in Farsi & Arabic. One target population will be the UAE population. How would I go about finding an attorney with experience with this? Specifically, understanding any local legal requirements, how offshore companies can operate (will be sold through the Apple app store and Android store... etc.).

SPA termination & refund case if the developer fulfills obligations during the case

Q: Termination of SPA for a delayed project with a Real Estate Developer. Assumptions 1. Anticipated Completion Date as per the SPA: Q1 2017 + 12 months 2. The last available project status as per Dubai Rest: 94%, as of February 2019. However, the developer says that the project has been completed 3. The developer has been misleading the investor about imminent completion for about 3 years (evidence is available) 4. Investor fulfilled all his obligations 5. Price paid: 80% 6. Investor registers a claim for contract termination after about 3 years of delay 7. Developer is at fault at the date of starting the litigation I would appreciate your opinion on how likely are Dubai Courts to support the annulment of the SPA if the developer sends a handover notice to the investor during the litigation? What does it depend on? Thank you.

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استخراج أوراق ثبوتية لطفلة رغم إنكار أباها لها

س: السلام عليكم، أنا امرأة مطلقة ومن دولة عربية. تعرفت على رجل إماراتي وأقمت معه علاقة. ورغم أنه وعدني بالزواج، إلا أنه تراجع بعد علمه بحملي، بل وأنكر علاقته بي. الآن لدي ابنة عمرها ٥ سنوات أنجبتها من روحي وقمت بتربيتها أحسن تربية ولكنها جاءت إلى الدنيا بدون زواج وأبوها يرفض الاعتراف بها وأنا لا أستطيع أن أرفع شكوى أو قضية عليه. للأسف خدعني وحملت وحاولت كثيرًا أن أجهض الطفلة وفكرت حتى في الانتحار لكن الله ولله الحمد له شأن آخر. تبت إلى الله ورجعت لطريق الصواب ولله الحمد والله يثبتني. الآن أريد استخراج أوراق لابنتي لأني لا أعلم أين والدها الآن ولا أعرف أي شيء عنه وحتى لو أعرف لا أريد أن أتواصل معه حتى لا يستغل ضعفي وقلة حيلتي. ابنتي الآن نقطة ضعفي. أرجوكم ساعدوني ولكن بدون بلاغات أو قضايا!

How to recover commercial invoices pending with other companies

Q: We run LLC construction and transportation company established in Dubai and Abu Dhabi. Both are separate companies. However, there are companies that owe us nearly 3 million. - Among the companies, one of them was executed in 2013 and paid us 26% (600k out of 2.3M) of the total amount. - The second company was declared as defaulter 3 years ago and has to pay us yet. No execution has taken place. The lawyer was hired and the case is still with her. - The third company, main-contractor and we as sub-contractor. Recently, the project got terminated by the client and owes us around 850k, no claim has been filed yet. My question to a lawyer: 1. Can I re-open a case against the first company and transfer it to Saudi Arabia where they`re based? I`m not sure if they still have projects in the UAE. 2. Do you see all these as a potential case that can be executed and handled by a single lawyer? If yes, I can email you all the documents and I would like to get feedback so we can proceed further. Thank you

Consequences of the early termination of a renewed limited contract

Q: Dear all, I completed an initial 2-year limited contract which ended in January. Now we will sign a new contract, likely also limited. If I did not continue my employment (i.e. renew), I think I would be entitled to 42 days of EOSB plus one month of annual leave not taken. If I sign a new limited contract with one-month notice period but leave before the end of that contract`s term (and before completing 5 years of service), do I lose that accrued EOSB even though I completed the first contract? Plus would I be liable to pay a 3-month penalty?

How to settle a case with the bank after defaulting on payment due to COVID-19

Q: Hi I hope someone can help me with a solution to this current situation. I borrowed a personal loan of AED 260,000 from a bank. I already paid 24 months instalments. In the month of April 2020, I lost my job due to COVID-19 and the bank has given me a 3 months payment holiday. However, my employer has cancelled my visa and I had to fly back to my home country. I have informed the bank about my current situation and even requested them to grant me a few months of payment holiday until I can find a new job. Also, I have other credit card liabilities I wasn`t able to pay consistently since I am having financial issues. Recently, I found that the bank has presented my cheque for AED 260,000/- and it got bounced. Now, there is an active criminal case against me for my personal loan. Currently, I am unemployed and also I have very little savings left. Even If I get a job in the UAE in future, can I travel to the UAE? Please advise me on how I can resolve this issue.

Can I terminate my second limited contract after one year of service?

Q: I am working as a Nurse for limited-term contract and this is my second contract of limited-term which I completed one year on the second contract. I submitted my resignation with one month notice and my employer is not accepting my resignation. What are the consequences in this situation?

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حق الموظف بالمطالبة برواتبه المستحقة بعد براءته بدعوى جزائية من صاحب العمل

س: لدي عقد غير محدد المدة. صاحب العمل رفع علينا قضية جزائية وأوقفنا عن العمل بدون راتب. الحمدلله، حصلنا على البراءة بعد 18 شهراً. هل من حقي أن أطالب بالرواتب التي لم أستلمها طيلة فترة التقاضي؟ مع العلم أنه رفع القضية في شهر 7 /2019 وعقدي انتهى في 15/10/2019 وصاحب العمل لم يجدده ولم يلغيه بحجة أنه رافع علينا قضية. الحمدلله أخدنا براءة يوم 20/1/2021. هل من حقي أن أطالب برواتبي بأتر رجعي؟

What are the precautions a wife needs to take before requesting divorce?

Q: I`m a Zimbabwean woman married to a Nigerian man for 5 years. We have been living in Dubai for a little over a year. I would like to divorce my husband as there are extreme irreconcilable issues. We have a son who is 4 years old with special needs. I`m a stay at home mum and have dedicated my every being in raising him since he was born. I would like advice as to how to proceed with a divorce in the UAE. My husband is a man with a short and sometimes violent temper. If I file for divorce and still live with him I fear for what would happen. Is it against the law to leave with my son to a safe place (a friend`s place/rent a place temporarily) as soon as I have filed? I have no intention of denying the father access to his son, every son needs his father, despite our differences. I just want to avoid a messy situation that my son could possibly witness. What measures can I take to ensure my son and my safety without breaching the law or damping my chances as his custodian?

Entering the UAE with daughter without husband's permission

Q: I am in the process of divorce in Poland and the USA. The jurisdiction has not been ruled on yet. My 2 yr old daughter and I resided in Poland for the last year. My husband has sexual tendencies towards our daughter but it is difficult to prove. He is in the USA and filed for the Hague Convention. In the worst-case scenario, if I lose the Hague Convention, can I find protection in the UAE? I`m a skilled financial professional and I already have a job offer in Dubai. I am just wondering if (since I am still technically married) I will be allowed to work? Will I even be able to enter the UAE with my daughter without my husband`s permission? Since Hague Convention does not apply in the UEA and there is no extradition treaty to the US, can I find safety in the UAE and make it my home? (I am non-Muslim).

How to recover money amount lent to a person without written proof

Q: Can I file a claim against an individual to get my money back? I do not have any proof against the person except WhatsApp communication. Should I claim with police or with a court? Is there any imprisonment if the judgement is passed to repay in case he is not able to pay? Please advise. Thank you

Are property developers allowed to delay handover due to force majeure?

Q: Hi, The ACD mentioned in my SPA is October 2019, the developer further delayed the project to Feb 2020 and later again delayed to September 2020. In August the developer delayed the project citing force majeure clause mentioned and said delayed due to force majeure and delayed it to December 2020 The clause mentioned in the SPA says either party has to inform about the force majeure within 30 days of the force majeure but developer informed only in August. Can I claim compensation from the developer? Legally, they are allowed to delay up to 12 months but can I claim compensation from October 2020 till date? The building completion certificate has now been issued.