Questions & Answers

Q: Is an Arbitrator allowed to post a notification on the newspaper if one of the parties to the Arbitral proceeding refuses to respond to the Arbitrator`s call or email for the purpose of delay avoidance? Thank you.

Is employer who delays salaries, liable for bad credit history of the employees?

Q: Good day, I just want to find out. The company does not pay salaries for months. Now I have a bad credit record in the UAE. Can I open a case of defamation because the company is giving me a bad name with the banks and with my landlord who is about to open cases against me?

Refund of a deposit paid by the underage buyer of real estate property

Q: I put a deposit down on two "off-plan" properties. I paid a deposit on both and received a reservation document signed and stamped by the developer. However, at the time of the deposit, I was under the age of 21 which is the minimum age to purchase property in Dubai. Lastly once the deposit was made I never received an SPA or NOC. Have now been sent a notice by Dubai Land Department on the request of the developers for Property Termination procedure. The request was canceled. I am now trying to figure out how to get my deposit back as I believe since I was underage and no formal contract was presented or signed, the agreement is void.

Non-compete clauses in the employment contract

Q: Dear Sir, I`m Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres. I was working with one of the company`s clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.). My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement". My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai). My visa is expiring by Aug 25th, so I`d like to join there. Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?

Contractual rights of a former employee

Q: I resigned from my position in October 2016. The company is threatening legal action for soliciting employees and starting my own business to compete with them. All false allegations. I have responded to their lawyers already but I wanted to know if I have a case against them as not all my contractual rights were honoured.

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Legal assistance in merger of companies

Q: I am merging my LLC with another in Dubai and need legal advice on the process, the particulars of joint ownership going forward and future exit.

Refund of advance deposited while purchasing property in Dubai

Q: Hi, I have put 5% deposit on a property in Dubai and I have also paid 2% DLD fees + OQOOD. I have more payments starting in 2 weeks but I can`t afford to continue with the purchase. Am I entitled to any money back?

Responsibility of partners for bounced cheques signed by the company manager

Q: Do the local sponsors have financial responsibility for bounced cheques from the company that they are sponsored? If I got cheques but they were bounced and the person who signed the cheques (managing director) left the country. Company is in labor zone, retail, 2 operating shops.

Rights of the employee terminated within probation period

Q: I am on unlimited contract with my company and this is the 3rd month but if the company terminates me within probation period stating that my performance is not good then do I need to repay the company for visa air tickets and training cost??? During recruitment, the company has got my signature stating that if I leave the company before 3years, I have to repay them visa, airfare and training cost. Please advise me.

Property registration fee in Dubai

Q: Could you tell me please, when property registration fee was changed from 2% to 4% (starting date) and by which law? Thanks in advance. Regards, Alexander

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Breach of agreement by a business partner in the UAE

Q: Dear Sir/Madam, Warm greetings from Ukraine. Our company provided services to UAE company last year according to partnership agreement that was signed by both parties. However we didn`t receive payment till now. Company representatives are not providing any specific information regarding terms of payment and we are not sure they will pay at all. Would you be so kind to advise the best and cheapest legal way in order to resolve payment issue? Thank you very much in advance.

Requirement of having a local partner

Q: If the local partner/sponsor is not willing to remove himself from the company (LLC) and other partners what to change to another sponsor. What are the solutions could be?

Dispute between partners regarding transfer of shares

Q: My husband was awarded shares in the company he works for. Now he is leaving and wants to sell them and the company refuses to acknowledge the fact that he holds shares even though it clearly states that he does in the `Articles of Association`. What advice can you give to us? Thanks.

Claim for outstanding amounts

Q: Hi, I did a project on last May in Dubai World Trade Center. I took this project from one agency in Dubai, they didn`t pay any money until now. They are saying we made many mistakes. Basically, we were having an issue with a time delay to stand hand over and some graphics issue. Even they didn`t pay any single amount for this, no advance at all and I don`t have LPO also but I have their email correspondence if I go legal. I need help.

How to check why your visa application was rejected

Q: How to check why my visa application was rejected for Abu Dhabi?

Gratuity payment in case of resignation within the first year of employment

Notification through newspapers in arbitral proceedings