Questions & Answers - Legal Advice Middle East

The difference between applying arbitration and judicial courts in Jordan

Q: I am signing a contract for exchanging goods with another businessman, and I want to know what is better in this process, conventional courts or arbitration? How can I file a lawsuit in arbitration, and is it faster and more guaranteed in claiming the rights of plaintiffs back? Please advise.

The procedures required for the cancellation of a company and visas

Q: I am a partner in an LLC registered in Dubai, whose license was expired in Nov 2017. I was a passive investor stationed in India and the company was managed my senior partner and MD (Managing director) of the company who was stationed in Dubai. The company was not managed well, the licenses were not renewed and the business activities did not take place. My last visit was in May 2017. The MD of the company is still in Dubai on an earlier visa but didn`t get in touch with me and he`s not reachable. Now, I want to start a new venture in any free zone on an individual basis. How can I cancel the earlier visa and get a new investor visa in the free zone? Is it necessary to liquidate the old company in order to cancel the visa? Is it possible for me to cancel the visa on an individual basis and apply for new company formation? Please guide me.

Consequences of the early resignation from a limited contract

Q: Hi. If I have already worked for 3 months but I am not happy and always stressed from how my employer treats me and wish to resign from work, will I get a ban? Also from the offer letter I signed I have to pay AED 7000 if I did not finish my contract, is this legal?

Partnership withdrawal and claiming the paid money

Q: I opened a bar business in RAK with a Lebanese partner. I financed it with AED 280,000 and he does the operation. Unfortunately, I withdrew my partnership as I cannot provide more money as he asked. We agreed on making an agreement that I will cancel my partnership and he will pay me the said amount every month by AED 5,000. The problem is that he didn`t pay until now and its been 2 years. Every time I ask him he is saying no money yet, till he told me that we need to re-calculate the AED 280,000. He didn`t meet me to re-calculate. Then, he moved the bar from the rooftop to the 4th floor and it`s much bigger. So, he is saying that the bar is a different one already and we are not talking about the same bar anymore. I have an agreement signed, that if he gets a partner, he will pay me as well as if he sells the bar. Do I have any chances of getting the money back?

Settlement agreement for paying the amount of a bounced cheque

Q: I have a bounced cheque of AED 75,000. It is under the name of a saloon and the owner is asking me to give her time to pay. She is telling me that she will pay me monthly starting this end of January, and she will pay AED 100,000 instead. Is it possible to do an agreement with this? If ever, is this valid in court?

Liability of the car driver for hitting a pedestrian

Q: My wife was involved in an accident in the UAE on 07/01/2018. She hit a person crossing the road and his left leg was broken. He was admitted to Sheikh Khalifa hospital in Umm Al Quwain. He had to undergo surgery where he will be able to walk in 1 to 2 months and it will take 6 months for the bones to get fully joined. The police said try for a compromise with the person, to pay him something and let him give undertaking that he has no complaint. Otherwise, he will have to go to the court for compensation. 1. Our car is less than one year old with full insurance. 2. We were ready to pay him but he is asking for a huge amount. 3. His treatment is free including surgery until he is discharged. My questions are: 1. What will be the legal implications for my wife? 2. How can we prepare ourselves for the legal proceedings? The police haven`t registered a case yet, my car also needs repair. They haven`t given the paper to repair my car. They said we will have to wait. Can anyone help me, please?

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Rights of the wife and daughter with the father in a divorce agreement

Q: Hi, I am Indonesian and my husband is French and we got married in Indonesia under Sharia Law. We reside in Dubai with our 3-year old daughter. As we decide to separate, I found out that my husband already has a girlfriend. We agreed to divorce and we drafted an agreement by ourselves, but I feel the amount of child support and maintenance fee is not fair. Before I sign it, I want to ask, is there any specific calculation for child support and wife alimony in Sharia Law? My husband also threatened to take my daughter away from me if I mention anything about his adultery. What is the best and fairest way for me to have my right as a woman, wife, and mother and to also protect my daughter’s wellbeing from her irresponsible father?

The difference between foreign companies and offshore companies in Jordan

Q: We have a company for the trading of cotton; headquarters in Egypt (LLC) and has a branch in Lebanon. We would like to import and export raw and ready material and open a branch in Jordan, provided there will be no whole or part sale operations inside Jordan. It will be only for the reason of promotion, import and export of material. What is the ideal form for that? Should it be a branch or a new company, and is the offshore company a possible option?

Investigation about a possible case and travel ban

Q: How would I find out if there is a Travel Ban on my US Passport? Also, how would I find out what type of case I may have, i.e. a civil case may have been opened against me without my knowledge or being threatened by a Collection Agency?

Does your employer have the legal right to keep hold of your passport?

Q: I recently ended up my contract with my employer because of a medical grounds. Actually, we don`t have medical insurance, we are working 17 hours and I am not getting any assistance from the company. After submitting my resignation letter, my employer accepted it but requested me to leave the country then only after he will proceed with the cancellation. He finally agreed after a long period of negotiation. Now, the employment visa is cancelled and he forwarded me the residence cancellation where it`s clearly mentioned that I have until 08 December grace period. I asked him to give me back my passport which he is keeping it since I started working for the company and he refused, saying that only on the 19th Jan in reference to my flight date which is 20th of January. In between, I received an offer with three times the salary I used to get and a lot of benefits including health insurance. As per the labour law, does he have the right to keep hold of my passport even after cancellation of my employment visa?

Is it possible to make a civil marriage contract in Lebanon?

Q: I would like to get married as per the laws of civil marriage in Lebanon, after I had seen reports that the law has started to approve the civil marriage and the marriage is deemed legal. Please provide me with any information in this regard.

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Filing a case against the policemen for abusing their authorities

Q: How can I sue the policemen who arrested my husband for their brutal actions against him while he was in detention for three dyes based on a complaint about celebration shooting in a wedding party? It appeared in the end that it was a complaint without any grounds and he doesn`t have a weapon basically?

Punishment for being drunk and assaulting a police officer

Q: I am a UK citizen, 46 years old, and I have been charged with theft, being drunk and assaulting a police officer. I was in a holding centre for 16 days and after seeing the prosecutor, he let me out whilst holding my passport for bail conditions. Can I expect a jail sentence or a fine?

Rights of the spouse and daughter in divorce agreement

Q: I am an Indian citizen residing in Dubai since 2010 post my marriage which took place in India. I have a 6-year old daughter. I and my husband have mutually agreed to get divorced. I want to know the things which I am eligible to receive from my husband by default. I want help.

Claiming unpaid salaries from the employer upon a court judgment

Q: Good day, I am Jofery. I had a case in the court against my employer for not paying my salary for six months. The court has issued a judgment in my favour, but my employer is not paying my money. I have notified him three times through the newspaper, but still, no response from his side. Please assist me what should I do now? Is there any other legal way to take action against him?

Checking for a travel ban after clearing a credit card debt

Q: Salaam, I have an issue with Abu Dhabi Islamic Bank regarding a credit card. I have paid everything last week. How can I make sure that they have no legal action against me in the UAE? I am out of the country since 2015.