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UAE

Terminating an off-plan property agreement due to the delaying of SPA or Oqood issuance

Q: Hello, I have purchased an off-plan apartment in Dubai last year. I paid the deposit, Oqood registration fees, and have been paying all installments on schedule toward’s the developer`s Escrow Account. However, the developer is delaying issuing SPA or Oqood till now with no valid reason. Even though, they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD. It’s been more than a year now, I’ve been asking for either SPA & Oqood or a refund of my money, yet the developer simply replies with “it’s under process”. I would prefer now to just terminate the agreement and get a full refund of my payments. Is this possible? Appreciate your advice. Thanks!
Questions & Answers
UAE

Obligation of the cheque signatory when he wants to leave the company

Q: I am working in a tourism company in Sharjah, the 100% ownership is with the sponsor. The company started in March 2019, after 3 years only, to change to LLC as per the license. The sponsor gave me power of attorney to open a bank account so I am signing on cheques and all is going perfectly. My company has 7 partners and they took various letters on the company letterhead and stamped for mutual agreement, and also my 2 blank cheques and one checkbook are with them. Please advise, is there any issue if I quit the company? I want to repay AED 50000 to the company because I paid credit to customers still not received, and I will pay but need few months time to repay the same. They threatened like talking more. Please advise and how can you help
Questions & Answers
UAE

Do I need to send a non-renewal letter at the end of my employment contract?

Q: Dear Advisor, Good day! I just wanted to seek your advice about my situation. My labour contract in my company will be finished on December 14 as well as my Emirates ID and I am planning not to renew if I will be confirmed with the new company I`m applying for. So I wanted to know if I need to submit to my company now a resignation letter or non-renewal letter and kindly explain to me why? Thank you in advance.
Questions & Answers
UAE

استئناف حكم محكمة عمالية حين تكون قيمة الدعوى 20 ألف درهم

س: هل يمكن لصاحب العمل استئناف حكم محكمة عمالية حين تكون قيمة الدعوى ٢٠ ألف والمبلغ المحكوم به ١٩١٦٠ درهم وتذكرة عودة؟
Questions & Answers
UAE

Consequences for leaving the country before signing the job offer

Q: Hello. Good morning, I want my advice. I`m a foreigner, and I agreed to come to Dubai to get a job, and the company that hired me sent me a job offer. But the truth is that I do not want to work in that company, and I want to return to my country. Will I have legal consequences or be detained at the airport if I want to leave? I haven`t signed the job offer yet. Thank you.
Questions & Answers
UAE

Cases where the delay in property handover call for a full refund

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller`s remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!
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Legal blog
UAE

اتفاق التحكيم حسب قانون التحكيم الإماراتي

مواكبةً للتطورات المتسارعة لعصرنا الحديث، أظهرت القيادة الرشيدة لدولة الإمارات العربية المتحدة مرونتها التشريعية، وقدرتها الفائقة على مسايرة مستحدثات عصر السرعة والعولمة، من خلال إصدار قانون التحكيم الاتحادي، وهو القانون الاتحادي رقم (6) لسنة 2018 الصادر بتاريخ 3/5/2018، والذي قامت فيه بتنظيم التحكيم، هذه الوسيلة الخطيرة لفض المنازعات من خلال (61) مادة قانونية تجمع بين المرونة والانضباط التشريعي.
Questions & Answers
UAE

Can the employer ask employees to take unused leave during the notice period?

Q: The employer terminated my DMCC unlimited contract. I am currently serving my notice period. Can the employer ask employees to take unused leave during the notice period? Is it legal to force the employee? Is there compensation for 3 months` remuneration in case of termination by the employer?
Questions & Answers
UAE

Possibility to terminate property purchase for failing to issue the SPA

Q: Hello, I have purchased an off-plan apartment in Dubai last year. I paid the deposit, OQOOD registration fees and have been paying all instalments on schedule toward’s the developer`s Escrow Account. However, the developer is delaying issuing the SPA and OQOOD until now with no valid reason, even though they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD. It’s been more than a year now, I’ve been asking for both the SPA & OQOOD or refund of my money, yet the developer simply replies with “it’s under process”. I would prefer now to just terminate the agreement and get a full refund of my payments. is that possible?
Questions & Answers
UAE

UAE companies' governance and compliance

Q: How companies in the UAE ensure corporate governance and compliance with UAE laws without a mandatory company secretary as in India?
Questions & Answers
UAE

The restaurant is sold to another person without paying employees' dues

Q: I was working at a restaurant. An accident happened and fire exploded in the kitchen. Other staff members get burn on faces. Municipal officials came and my boss got fined because CCTV was not working. My boss closed the shop on September 3, 2020. I did not get my salary. My visa expired on September 26, 2020. I am already overdue. I did not get paid until now. The restaurant was already sold to others on September 5, 2020. My visa is expired and I do not have my accommodation rent. My boss procrastinates and tells me that I will get my dues tomorrow. I`m afraid of the fine.
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Questions & Answers
UAE

Claiming the amount of a bounced cheque after the employer fled the country

Q: Hi, Actually, my old company has given a post-dated cheque for my final settlement. After that, the company owner ran from the UAE. My cheque bounced, I didn`t give any complaint. Now I got information that the company is going to be taken over by another person. Is there any chance to get that money? Is there any validity for the bounced cheque?
Questions & Answers
KSA

شخص واحد يشغل منصب المدير العام لشركتين مختلفتين

س: هل يُمكن لشخص واحد أن يُنصَّب مديرًا عامًا لشركتين مختلفتين؟ وهل يمكنه إبرام عقد شراكة بين هاتين الشركتين؟
Legal dictionary
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Pre-emptory challenge

Refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause (by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied).
Questions & Answers
UAE

استيراد ملابس ماركات أصلية وبيعها عبر الإنترنت

س: هل يمكن استيراد ملابس ماركات "أوتليت" أصلية وبيعها من خلال موقع إلكتروني؟
Questions & Answers
UAE

How to reduce the notice period upon resignation in an unlimited contract?

Q: Hi Maha, I am an employee with a private firm on an unlimited contract. I have resigned and my contract is for 60 days, however, I want to serve only 30 days due to other issues. The company force me to serve full 60 days contract. Can I use "compensation in lieu of notice" and pay for the 30 days notice or can the company (if they want) still put a one year ban on me? Regards