Questions & Answers - Legal Advice Middle East

موعد الاستئناف بعد صدور حكم أول درجة في قضية عمالية

س: السلام عليكم، لقد ربحت قضية عمالية بقيمة مطالبات ١٤٦ ألف درهم. قدَّمت الشركة استئنافًا ولكن لم تُحدد المحكمة حتى الآن موعدًا للجلسة ولم يقدِّم المُدَّعَى عليه أي مستندات أو أدلة جديدة وإنما طالب بنفس طلباته القديمة. متى تُحدَّد جلسة الاستئناف؟ وهل تأخذ وقتًا؟ كذلك ماذا بعد الاستئناف؟

كيف يمكن أن أضمن حقي عند شراء شقة بدون توكيل؟

س: اشتريت شقة بتوكيل من شخص اشتراها من صاحبها الأساسي، التوكيل الخاص بى ليس به الصفة. ماذا أفعل؟

What happens if a person left the UAE suddenly without cancelling tenancy?

Q: What happens if a person left the UAE suddenly without canceling the tenancy contract and the cheques for rent bounced? If he/she wants to come back, will they get arrested? How can we check the status?

How can I make sure there are no cases against me before returning to the UAE?

Q: Hello I wonder if you can assist me. I left the UAE legitimately in 2015 with my husband as he was unwell. My husband passed away and I am looking to return to the UAE now and we have a bank account still active, although I can’t access it as the debit cards have long expired. Although I left with no debt, I just want to make sure that no interest or anything has been added to my account before I return in case by the time I have been away a debt was incurred on the account. Can you please assist? Thank you. K. J.

إصدار إعلام وراثة لصالح ورثة مصرية توفيت في الولايات المتحدة

س: السلام عليكم، إعلام وراثة لمصرية تُوفيت في الخارج (أمريكا) ولديها زوج وابن بالغ بدون تحقيق شخصية مصري. ما المطلوب لعمل إعلام وراثة في مصر؟

Vacating an apartment by the landlord upon tenant's refusal of the new contract

Q: Hi, I have a query regarding a contract renewal. I have given notice by the notary public to my tenant to vacate my apartment. He is not agreeing on terms and conditions and is asking to have the same terms and conditions as the previous year`s contract, for which I said that I will not sign the contract which contains renewal terms and conditions. (I told him 90 days before the current contract expiry date that I am not willing to renew and I will give the notice to vacate). So if I do not sign the contract and it gets renewed automatically, can my tenant challenge the notice by a notary public at the time of vacating the apartment? Thank you!

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How to clear a possible travel ban for credit card dues and return to the UAE?

Q: My short visit visa has got rejected. I have worked in Dubai from the period between 2014 and 2018. When I left the UAE, I got my working visa canceled before my exit. I couldn`t pay my credit card bills at that time. Can that be the reason? My credit card outstanding amount is AED 10,000.

Is it common in the UAE to pay for an investment document to secure foreign transaction?

Q: Hello, I own a French startup company. I have been contacted by a foreign company that is willing to invest the sum of 1.5 Million Euros in a convertible loan basis for a 5 years term period. There is an annual return on investment of 4% annually, and an option to acquire equity minority stakes of not more than 15% in the company at the expiration of the loan period solely at our discretion. It seems pretty fair, but as the transaction is to be done in a Dubai Islamic bank, they said that I will be responsible for legalizing the loan agreement in the Dubai court under their supervision upon my arrival in Dubai. There will be a charge equivalent of no more than 12,800 Euros that will be used as security documentation and swiftly wire the investment funds to our local account in France. Is it a regular process for investment arranged with two international countries from a Dubai Islamic bank or is it a fraud?

How can I divorce my husband in the UAE as a non-Muslim expatriate?

Q: I want to divorce my husband after 11 years of marriage due to incompatibility issues. We have an almost 10-year-old daughter and we are both Indian Christians. How will the proceedings be and who will get custody of our daughter?

Is there any compensation for terminating an employee other than the notice period?

Q: Dear Ma`am, Greetings! I have a case where we have terminated an employee at 360 days, on an immediate basis. We have not allowed him to serve a 30 day notice period, however, we have compensated the 30 days through an additional salary. Please advise if we need to compensate the employee inclusive of the 30 days (notice period) in his leave salary and gratuity? Or do we take the termination date as the basis of calculation for leave salary and gratuity? Kindly advise.

How can I make sure I am not infringing copyrights when selling items online?

Q: I have a shop in an eCommerce store, I have a trade license under General Trading here in the UAE that allows me to sell, buy, export... etc. products. I got an email from the store asking me to sign an attestation regarding all of my products for branded and copyrighted items. I sell Korean products that I buy from the source and sometimes from smaller shops that were able to get the products before me. Among the products that they gave me as examples were a shirt and pants-inspired outfit from a well-known Korean show. This was handmade by a small business in Korea. The show did not to my knowledge (even after research) sell such merch. I know that if someone sold a fake item that the brand sold it means they are infringing the copyright, but I am still unsure of the item mentioned above and if what I think is correct.

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Suing an engineering consultant for the delay of service delivery

Q: Dear sir/madam, We have an issue related to service delivery with an engineering consultant in Dubai. This is related to the construction of a villa in Riyadh, KSA. The contract required them to provide us with detailed design services related to a project which included the MEP, facade, landscape detailed drawings, and tender documentation for submission to the contractor to construct the project. Chronology of events: - Contract signed: 19th March 2021 - Concept design documents submitted to OMTO to start their work: 29th June 2021 - MEP package received: 27th July 2021 (was promised delivery in 10 days, they took nearly 30 days) - Full MEP and schematic design documents received from OMTO: 27th August 2021 (4 weeks late) - Approval and payment made to proceed to detail design stage: 8th November 2021 - Detailed design package received: 2nd January 2021 (4 weeks late) We wish to sue them for the delays and losses incurred by us.

The possibility to outsource marketing and sales management to a UAE-based company

Q: Dear sir/madam, Can a foreign company (non-UAE company) have the option to appoint or outsource marketing and sales management in the UAE to a UAE-based marketing management company? The UAE-based marketing management company will promote their product, find the distributor and manage the sales through distributors. Is it possible?

Can the landlord change tenancy contract terms without consent of the tenant?

Q: My rent agreement includes 2 parking spaces (the landlord owns multiple units in the apartment complex). Now that it has come time for renewal, the landlord is saying only 1 parking space is assigned to the unit per the title deed and I will not have access to the other parking space, i.e. the contract will be amended when renewed to be now just 1 parking allocation. Does not seem legally right to me but if the landlord has found a legal loophole fair play to them - seems the clear black or white answer. Kindly advise if the landlord can do it or not. Many thanks.

Is the employee liable to cover employment expenses in case of early resignation?

Q: In case of voluntary termination of employment by the employee, prior to completion of the first year of service, the employee will be liable to pay back, in full, all costs incurred by the company as a part of the employment process. Such costs may include but are not limited to the employee`s relocation costs and his family, air tickets, residence visa expenses, technical training course costs... etc. Further, the company will not be liable to bear any employee or dependents’ repatriation costs. Is this position correct?

المسؤولية المترتبة على توكيل النفس أو الغير لبيع شقة في حال تصرف غير قانوني

س: السلام عليكم وآسف للإزعاج لدي استفسار. إذا قمت أنا بعمل توكيل خاص بالبيع للنفس أو للغير (لشخص) وحدث أن الشخص قام بأي عمل غير قانوني في الشقة المشار إليها في التوكيل، هل في تلك الحالة يوجد أي ضرر عليه أم أن التوكيل يخلي مسؤوليتي عن الشقة؟