Questions & Answers - Legal Advice Middle East

Legal action to claim pending invoices from a company

Q: Hello. Mr R. and Mr Z. are founders of a company located in Ajman. They are buying my fish from Indonesia. The total amount of 2 invoices is USD 11.074, but they paid me just USD 5.000 since 8 months ago. Can you help me to collect my balance? Thank you

Changing the local partner in a limited liability company

Q: Hello, I am looking for the sponsor change of LLC company, may I know what are the procedures? The license will expire on 31st June.

Legal contracts for a startup business in the UAE

Q: I would like to share the quick brief of our business, we are launching an e-commerce platform (APP based services) in the UAE market. We require legal advice from you on the below points; Develop a legal contract with our providers who will deliver the services as per customer needs and they will be going to represent our brand name. In case of any incidents, how to protect our brand and penalize the providers? What will be the legal actions if providers make any mistake (e.g. theft activity or use of abusive language while providing the services... etc.)?

Abandoned spouse right of filing an abandonment case

Q: Asalamu Alaikum I am an Indian women married in the UAE to an Indian man. He sent me to India for my delivery and didn`t give me any money for delivery. It`s been more than 5 months and still, he is not ready to apply for a visa for me and my kid. Whenever me or my dad ask, he says he is busy with work. He is neither calling us from the UAE nor giving us any money. Can I put abandonment case on him? What is the procedure for it? Can I file the case from India?

Civil case jurisdiction for a bounced cheque

Q: I have filed a civil case against a person in Dubai court for bounced cheques and have presented all the cheques as evidence. I have an agreement too which says that the agreements between the two parties are binded by DIFC law. My Question is, do I need to file a case in DIFC court or I can continue it in Dubai court? What are the fees and procedure for DIFC court? I am also looking for a lawyer to help us in this process and would like to meet in person.

Eligibilty for the end of service benefits after changing status

Q: Hi Sir, I have a quick question for you. I established a business registered in DMCC 10 years ago that I sold at the end of 2016. I had an agreement to remain in the business until the end of 2017. I am currently exiting the business. My question is, am I entitled to the end of service benefits being currently employed by the new owner? If yes, is the calculation from the beginning of my employment or at the date I sold this business? Many thanks, Best regards, Nicolas

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Refusing to refund reservation down payment upon cancelling a unit

Q: I was in a process of buying a property in Dubai from a developer. Their sales representative advised me to put a deposit of AED 10,000 to reserve the unit. We agreed the value can be fully refunded if I cancelled within 10 working days. A few days later, I requested to cancel my reservation and refund my money back. They refused to refund my money back. I have supporting documents which prove my agreement with them in the form of: - The email in which I reserved the unit list the terms & conditions (which I have written) - I have an updated payment form from them and hand wrote the condition of unit reservation (full refund if cancelled within 10 working days) - Exchanged WhatsApp with their sales representative. They claim that the above proofs are not enough to support my claims, and so they are refusing to refund my money back. Please share your thoughts on my email [--------------------].

Claiming back money given to boyfriend over two years

Q: I would like some advice on a personal issue. Last year I separated from a man who I was with for two years, and whom I paid a lot of money to in order to help him out financially whilst he was made redundant from his job. He is supposed to pay me back the funds, however, he still hasn’t. We separated after I found out through his Facebook that he was cheating on me and using my money for prostitutes. He promised that once he had moved and paid some of his own debts that he would do the right thing and start paying me back, but I received nothing. Is there anything I can do if we were not married? Please, I would really appreciate somebody`s advice. I am out of pocket by AED 170,000.

الاستفسار عن حالة جلسة جزائية

س: ما معنى أن حالة الجلسة لم تستمر، علماً بأن نوع القضية جزائي و تابعة لنيابة بني ياس الكلية؟

Penalty for the early termination of tenancy contract

Q: I have a tenant in JBR for many years who is paying rent in 2 payments. The 2nd payment was due 1/3/18 but he delayed it and has now sent me the payment for only 4 months, as he wants to leave at end of June as per clause below. The contract states: 6. If the tenant would like to terminate the tenancy agreement prior to the contract end date, three months written notice must be given by the tenant and the tenant will be required to pay the equivalent of one month`s rent as compensation to the landlord with all remaining rent returned to the tenant. 7. If clause 6 is invoked, the tenant will be refunded his/her remaining rent (excluding the one-month penalty) and the security deposit pending a move out inspection report of the property. My point is that he should have paid the full 6 months rent instalment on the 1st of March and he would have received a refund of only 1 month after moving out. Do I have any grounds to take action against him?

Liability of an employee to pay damages caused to the employer

Q: The delivery person in charge used the forklift and made an accident (this was not his job). The material loss of this accident is around AED 10,000. If he is to be terminated for this accident, can this amount be deducted from his benefits, leave salary and gratuity?

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Consequences of leaving the UAE without visa cancellation

Q: I returned back to my home country without cancelling the employment visa. Now, it has been one year in the home country. Could I possibly take another visa to search for jobs?

Claiming the custody of an 18-year-old son by the father

Q: Until the 5th February 2016, I was in the UAE. Now, I am in Pakistan and my 18-year-old son is living with his mother in the UAE. Can I apply for the custody of my son from my home country?

Recovering a small debt with a security cheque

Q: Dear Sir, I lent someone money of a small amount, only AED 4000. Although I trust him and I know he was really in need, he issued blank-dated cheque signed by him and gave it to me as a security to repay me as promised by September last year. It`s been 6 months now, and I am calling this person to repay the money but he is not interested to pay me and not answering my calls and messages. I know it is a small amount but for me who has a family back in my country, I really need the money for my obligations also. Please advise me what actions I must take to recover my money. he told me before not to encash the cheque because he already closed the account, but then he is not returning my calls anymore. How can I recover my money? Can I file a police complaint against him?

التحقق من وجود دعاوى أو ورود اسم شخص على قوائم الإبعاد

س: السلام عليكم هل يوجد أي رابط يمكن من خلاله التحقق إذا كان اسمي على قائمة المبعدين والممنوعين من دخول الإمارات؟

Difference between a criminal case and a civil case

Q: What is the difference between a criminal case and a civil case?