Questions & Answers

س: رُفِضت قضية الطلاق للضرر التي رفعتها زوجتي وحُكِم فيها بعدم ثبوت الضرر والحكم النهائي من محكمة النقض بالطاعة. لم تُنفذ الزوجة الطاعة ورفعت دعوى جديدة للطلاق للشقاق مقدمة نفس المواضيع تمامًا والمستندات المُستخدَمة في قضية الطلاق للضرر. السؤال الأول: هل تُرفَض الدعوى لسبق الفصل أم تُحوَّل إلى حكمين؟ السؤال الثاني: تقدمت إلى قاضي التنفيذ لإصدار شهادة نشوز للزوجة لعدم تنفيذها حكم الطاعة. هل هذه الشهادة تكفي أم لا بد من رفع دعوى نشوز لإسقاط نفقة الزوجة؟ السؤال الثالث: هل في حالة الحكم بنشوز الزوجة ترجع النفقة الزوجية المُسدَّدة لها من تاريخ إنذار الطاعة أم من وقت الحكم بالطاعة؟

Legal steps of terminating a property SPA and getting refund for delay

Q: In brief, I am based in Muscat, Oman and I have invested in an apartment in an off-plan project in Dubai back in August 2015. I was introduced to the project by a Broker which is a sister company to the Developer. I have adhered to the clauses in the reservation form we mutually signed and paid almost AED 200,000 in total. The handover of the unit was supposed to be in June 2018. Unfortunately, the construction hasn’t commenced until today and the developer refused to refund me, claiming that the project will be completed, which until today shows a 0% completion on Dubai Land Department`s official website and Mobile app. I have submitted an official complaint to Dubai Land Department back in October 2019 requesting assistance in obtaining a full refund. I have managed to get a Statement of Deposits dated September 2020 from the bank where the escrow account is, showing the amount I have transferred.

Time needed for checking a travel ban or arrest warrant by a lawyer

Q: Can any lawyer help with running a check on if I have any travel ban/arrest warrants in the UAE? How long would this take?

Can the investor of bankrupt company start a new company?

Q: Hi, What are the consequences on the investor for leaving an LLC going bankrupt in the UAE? - Can the non-resident investor start a new business in the UAE? - Any issues in obtaining a new investor visa? Others? Liabilities are: - Bounced cheques for property rental with landlord sending a legal notice. - Other services (mobile phone, electricity, water, sewerage... etc.). Thanks

How to claim your money from the employer after filing the execution

Q: Hi Madam, I filed a labour case against my company for not paying my end of service benefits/pending leave salaries... etc. in April 2020. The judgement was issued in favour of me. The employer submitted an appeal but the court judgement stayed unchanged. After that, I filed an execution and gave a 15-day period for my company. They have not paid me till date. It`s been 8 months approximately. Can you please advise me about the next procedure? Please note that my company is a private one and is still working. Thanks in advance!

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How to force a UAE supplier to perform obligations toward client outside

Q: Hello. We are an oil services company registered outside the UAE, dealing with a UAE-based company that keeps postponing the shipment of our order. As a result, we bear penalties due to the delay per day as per our contract with our client. Is there a possibility to file a lawsuit against the UAE-based company? Is there a government agency that resolves business disputes between local and international businesses before resorting to litigation?

What to do when unpaid rent claimed by the landlord is double the actual amount?

Q: Hi, I have a case in Dubai Land Department about a rental dispute. This case was about AED 11359 earlier and now when I checked it became 24000, but anyhow, I had paid AED 6000 and now I have to pay 18000 in 3 instalments. But as I said earlier, this amount is too much and the other party and just made up this amount. I have paid already 18000 and I even have the proof of it, my bank statement and a receipt of 6000. I want your help if you can sort this out. Thanks.

Revoking a POA and issuing a new one to follow up on a case

Q: I am a Bahraini national and have a Dubai residence visa also (Emirates ID I mean). I have registered a case through one of my staff at Dubai police and was being updated on developments by this staff. However, he has resigned and is unreachable, and the Dubai police will update/pass information only to that person. Can I give someone else an authorization letter stating that he can represent me and my offices/properties and that the previous person no longer represents me? Please help me with your valuable advice!

Wrongful cheque bounce case after changing the owner of a company

Q: I had issued rental cheques meant to be replaced by a new manager/owner taking over my company and bank accounts later on (for which I remained a silent partner). the cheques were not replaced and were bounced by the landlord upon non-payment. I am no more the bank signatory or the manager on the trade license. But they have filed a criminal case in Dubai police against my name since I signed the cheques. The rental dispute case is against the current manager. How do I close my Dubai police case? And in the event of closure will I be liable to pay the rental dispute case too? Your reply will be highly appreciated.

The right to terminate a property SPA for project delay in delivery

Q: I purchased a property in March 2018 with a completion date of March 2020 with (60/40 payment plan). I have paid 60% of payments; however, the project is only 32% complete. The developer is giving reasons for the delay like: a) Fire Incident b) Covid 19 c) Main contractor safety violations In the current scenario, it looks impossible that he would be able to deliver even by March 2021. What are my legal rights against the developer and how I can be compensated for my investment?

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Preparing Terms & Conditions and Privacy Policy for a new startup

Q: Hello, We are a group of 4 currently working on our first business start-up in the UAE. Our business is basically a classifieds website that includes new features. We are currently in the web development stage. At the same time, we are getting all our documents ready in order to obtain a license in Dubai free zone. We are currently looking to prepare the website`s Terms & Conditions and Privacy Policy. Do you provide such services? If so, what are the costs and documents required? In addition, what is the duration required to complete the drafting procedure? We look forward to hearing from you. Regards

Right of a partner to withdraw from partnership without fulfilling obligations

Q: Hi, We have created a business under LLC with a local partner. It`s been two months into preparations and approximately one month ago, the partner backed out of the agreement and requested her money back of investment. Since the date of this request, she has gone on to ignore us and prior to this request it led to every action of ours has been ignored. She accepted the terms of backing out and her payment via a post-dated cheque yet the partner has continued to ignore us yet again. Now my wife and children`s visa and health insurance rely on this and the current visa is due to run out. How do I confront this?

Closure of an LLC company while some shareholders are outside the UAE

Q: The query is regarding the closure or freezing of an LLC company registered in Dubai. The expert is required to get the job done while 2 out of 4 holders of 49% share are outside the UAE.

Responding to the DAFZA employment dept. to avoid a labor case by an employee

Q: Hi All, I am a London based owner of a Free Zone company. Due to corona pandemic, the manager handling the affairs of our Airport Free Zone company has gone to his home town and there is no business. An employee has approached the DAFZA employment dept, getting emails from them for non-payment of salary for the past 6-7 months. Since business is bleeding, we are unable to pay now and the employee is not able to settle amicably. How to respond to DAFZA?

Challenging a verdict issued while being outside the country

Q: An ex-partner has used security checks of mine and got a case verdict against me while I was outside the country. However, I have already paid more than half the amount a while ago. I am currently stuck outside the country and unable to get back to my business. The verdict against me was in my absence. I want to challenge that verdict. I may get a retrial or convert to a civil case instead. Is this possible? What are my options?

A labor case is set for judgment, what does this mean?

نفقة الزوجة في حالة رفض دعوى الطلاق للضرر التي قدمتها