Questions & Answers - Legal Advice Middle East

What to do if your relative is arrested in Dubai

Q: My brother arrived at Dubai airport on 05/04/2017. Dubai Immigration authorities detained him upon arrival and sent him to Naif Police Station. On April 6, 2017, a relative went to Naif Police Station, they kept his passport as a guarantor without providing any information. Furthermore, I went today to the police station after arriving from Pakistan and tried to meet my brother, however, I was not allowed to meet him. When I inquired about the detention reason, a traffic warden from the police office gave me this case number 2014/4286 outlining it as a detention reason. It is noteworthy to mention that he was already interrogated briefly by the authorities in this case and was let go without detention. During the course of three years (2014-2017), he has traveled to Dubai on visit visa 4-5 times. We are seeking help in the above case as we went to Dubai Courts and they sent us to Dubai Public Prosecution but no help.

Trademark registration in the UAE

Q: I need to setup a trademark for my new company. Can you please help?

Financial rights of the wife after expats divorce in the UAE

Q: My husband and I are South African & have been married for 6 years. We live in Dubai. He also has a Canadian passport. We were married with an Anti-Nuptial Contract (prenup) but the ANC was not registered, so we are married in community of property. We have nothing between us, no money/kids/assets. My husband did receive inheritance money 2 years ago. I supported us financially for our marriage because my husband worked on commission only job. He refused to find a job that paid a monthly salary. He contributed financially but I carried the bulk of our expenses. I used my own personal savings from before us being married to support us. He promised that when he receives his inheritance he would return my savings, would buy us a house and more. He received this money about 2 years ago and has given me nothing. He is an alcoholic, he has admitted that he has cheated on me by calling a sex line & has been arrested twice due to alcohol. We have been for counselling in the past. I moved out on 5/11/16.

Copyright in the UAE

Q: Online social community - start-up (seed stage). Myself and 3 of my partners are currently finalizing investors proposal (pitch deck) to raise funding capital. Prior approaching investors, we wanted to enquire about intellectual property protection and copyrights. Wanted to get an understanding of how this can be done here in UAE for it to be valid on a global level and how much would it cost. We are looking for brand logo copyright registration, user design/experience copyright registration and potential the idea itself. Would be great to get your advice. Many thanks, Aziz

Cancellation of a visa while having pending labour case

Q: Can I request my employer to cancel my visa even if I have a pending case? They filed a case against me (breach of contract).

The right for annual leave

Q: I sent a formal email asking for 12 days annual leave and it was approved. On my last working day before my annual leave starts, the HR guy asked for me and we sat down and he told me that I am out of balance and that I owe them 14 days. I asked him to show me the annual leave forms that I have signed, and according to what I have signed, I only took 14 days in my second year so far with this employer. My hiring date was in September 2015. He also told me that I have exceeded my balance during the first year and that I have to work until September 2017 with no right to book annual leaves. And that if I resigned or got terminated they are going to deduct those 14 days from my salary. My question is: can my employer do what he has just done, deny me my annual leave at such a short notice, and can he deduct those 14 days from my salary? Is it my fault that they are not organised? And under what circumstances can I sue my employer with regards to the above?

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Can claimant withdraw a case when it is with Public Prosecution?

Q: Dear Lawyer, A company in Jebel Ali filed a case of fraud at Police station. The company asked me to pay a certain amount after adjusting against my final dues. I paid and cleared. Later on, they started blackmailing me by asking me to pay the legal costs incurred by the company. Then I complained to the Ministry of Labor saying that my passport is held by the employer. Now the Police station has transferred the case to the public prosecutor along with my passport on 10th of April. I need to know how long will it take for the hearing to happen (waiting for the call from the Dubai Court) and secondly can the employer withdraw the case when it is with public prosecution? If yes how? Please advise. Regards, Francis

Issue with an online degree

Q: I recently did an online degree from a university in the USA. All the documents were verified and attested which took almost 2 years. Now only MoHE found out that the university is not on their list of accredited universities here in the UAE and now the document needs to be registered at a different university in the USA. That will cost me a lot of money which I don`t have. They said if I don`t I will go to jail. I need some advice, please.

Can tenant unilaterally refuse to use Empower services?

Q: I have had a rented apartment in Dubai for more than 5 years. I CHOSE NOT to have a contract with Empower for A/C. Instead, I bought a portable a/c. The Landlord AND Empower are now saying that I have been living illegally and that I MUST pay AED 11,000 and then REGISTER with Empower and pay the monthly charges even though I do not have or want Empower services. Can this be so? Thank you, MJ.

Transferring to a new job during probation

Q: I am under probation period in one company and my probation period is 3 months. Can I transfer my job to a new company if I don`t like the present company?

Recovery of personal debt

Q: Hi, I stay in the Kingdom of Bahrain. One of my friends used my credit card for booking his tickets, mobile purchase and rent payment for the total amount of BD1500. He promised to pay back before the due date. Now, he is not paying and making excuses. I want to seek for legal advice. Please help, it`s urgent.

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Consultancy services rendered by an individual

Q: I run a start-up registered with a Freezone in the UAE. Some companies are approaching me to help them as an advisor. What is the process to take up such assignments?

Assistance in refunding of capital invested

Q: Hi, I am currently having an issue due to 2 investment policies that were grossly and unethically mis-sold from a reputed international bank... I did not pursue this thru a court of law, but managed to get my complaint to the very top of the organization by the grace of God over several months of exchanges and dialogues. But since the dialogue has always been with a corporate and having no legal help, even though the bank has consented to return 75% of my loss at the further end of many months ...on the capital, I still feel that the bank is not being fair with me with what their stance is... And I badly need someone with a legal eyes to help me know if I am being again cheated & taken for a ride by the bank, when they should have minimum returned my capital and compensated me for the stress, strain and pressure that I had to endure over a 10 months period ...after raising my 1st complaint...

Credit collection lawyer

Q: Looking for a Credit Collection Lawyer/ Firm working under contingency basis. Must be willing to work thru litigation, appeal and execution.

Bounced cheque case: jail term, travel ban, court fees, etc.

Q: PLEASE REPLY AS EARLY AS POSSIBLE UAE CHEQUE BOUNCE CASE (PERSONAL CHEQUE) IF AN INDIVIDUAL FILE A POLICE CASE 1) What will be the minimum jail terms for Cheque bounce case? During jail terms whether he will be on travel ban? During jail term whether he can come out of jail by giving somebody`s passport as security? After completing the jail term whether he will be still on travel ban as he has not paid the money against the cheque? If he did not pay the money during police case, how can I get back the money? 2) When he is on jail terms during police case, whether we can proceed with the civil case for cheque bounce? 3) For proceeding civil case whether we have to deposit any amount to court? Your valuable advice will be highly appreciable. Thanks

Bringing co-founder into startup company

Q: I am looking to bring in a co-founder in my startup company. I want to know what are the different possible ways of bringing a co-founder on an equity or salary basis or both or any other way. Our company is based in DIC Freezone. Regards, Ankit