Thursday, March 22, 2018

Dubai Law firm in Dubai | Best law firm UAE

Great Post. Thanks to Admin. Secure and protect your investments in Dubai (U.A.E) & Always remember that you are in a Different Country with a Different Cultural and <a href="http://www.dubaibestlawyer.com">Legal Firm in Dubai</a> System to the majority of Expats. To ensure that your stay and residence is memorable & safe for all the right reasons, keep in mind that you are no longer in your own country. Respect the laws (<a href="http://www.dubaibestlawyer.com">Law Firm in Dubai</a> | <a href="http://www.dubaibestlawyer.com">Professional Lawyer in Dubai</a>)and values of the U.A.E and your stay should be an extremely enjoyable one! To respect the laws, you should be aware of the same and understand your rights and obligations prescribed under such applicable laws.
<a href="http://www.dubaibestlawyer.com">Business Lawyer in Dubai</a> | <a href="http://www.dubaibestlawyer.com">Advocates in Dubai</a>

Legal Law Firm in Dubai | Top Lawyer in Dubai | Best Lawyer in Dubai | L

Get a true copy of an original document signed by your legal consultant and legal firm in preparation to using the same outside the U.A.E Or get your legal consultant acknowledge your signature in front of him ( Signed In Front Of Him ). Please not that UAE is non-member of the Hague Convention, accordingly all the document intended to be use in United Arab Emirates required legalization though notary public or diplomatic channels and not just apostille which generally known as attestation or authentication.

Tuesday, March 13, 2018

Criminal Law | Dubai Best Lawyer | Barrister

U.A.E criminal law is a federal law derived from several provisions of Islamic Sharia. Mr. Jihad is Heading a team of licensed lawyers who represent clients accused of federal crimes and criminal offenses in the U.A.E. The Team is well trained to handle cases from police investigation to prosecution and criminal court. They ask for bail and submit memos and pleadings related to all sorts of crime, especially misdemeanors and violations.
Mr. Jihad El Haddad through his Legal Team work with their clients until the case is closed in first instance court / appeal court / Supreme Court. We guarantee that our clients are represented fairly, legally and fully throughout the entire justice process.


Family and Matrimonial Law

Family and Matrimonial Law

  • Consultation on family and patrimonial legal issues
  • Divorces (agreements, alimonies and supports, parental rights)
  • Increasing and reducing alimony and support
  • Preparing wills
  • Consultations and legal cooperation in case of adoption
  • Judicial and non-judicial split of possessions
  • Alteration of names
Nuptial Agreements: Marriage, in many respects, is like a partnership between two like-minded people and the identification of responsibilities between the parties can be used to develop and maintain the  property belonging to one of the spouses, especially when one of the partners has substantially fewer assets than the other.
At AWIG, our services in this area of the law extend to drafting agreements, negotiating with the other partner’s counsel and counseling clients who wish to remain abreast of the latest developments in the law in this area.
Separation: At some time point of a malfunctioning marriage, a couple may realize that the best solution would be to go in for a divorce. A practical solution would be to negotiate a settlement rather than fight tooth and nail against each other.
To take this forward, you would have to go in for a separation agreement to take care of all your legal obligations and entitlements. If you and your spouse can agree on these grounds, you can have a divorce easily and without any judicial intervention and on amicable grounds too.
Custody and Visitation: When a marriage breaks up, children become a very important aspect of the final settlement between the two spouses. As a parent, your concern for your children is natural and uppermost on your mind while working out an arrangement with your spouse so that the children can live with one parent and regularly meet the other and so enjoy a healthy relationship with the non-custodial parent. At AWIG, we deal with such sensitive matters with great care and sensitivity.

Contract Law | Best Law Firm in Dubai | Professional Lawyer

Know the significance of legal agreements between two parties or more in contractual law
A contract is nothing but a legally binding or a valid agreement in between two parties. Legal firms in Dubai assists best in this matter.  Generally a law is considered valid whether an agreement contain such elements like offer and acceptance, intention between two parties or making binding relations, payment is promised to be made in basis of private as well as public law, legal capability of the both the parties to act and genuine consent of the parties and legality of the agreement. In general law, a contract, often called an agreement by the help of legal consultant in some jurisdictions is nothing but an agreement having a lawful object agreed in two more parties, but each of whom is intends to make one or more than one legal obligations in them.
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Corporate Law | Professional Lawyer in Dubai | Law Firm

  • Sole traders, commercial companies, commercial groups – consortia, holding structures, etc.
  • Registrations and representation before all necessary United Arab Emirates authorities (U.A.E Licensing Authorities Chamber of Commerce and Industry, etc.)
  • Registration of further changes related to the legal statute of the above mentioned economic subjects
  • Reconstruction and reorganization of commercial companies (including takeovers, acquisitions and mergers)

Best Law Firm in Dubai | Backing & Finance Lawyer

Banking & Finance

The key note of banking and finance in the day of domestic financial market to commercial business
Banking finance tells us about the banking as well as finance. Banking refers to the procedure or the system in which a bank that can be a commercial and or a governmental institution provides financial services which include money lending, collection and deposit, issue the currencies as well as debit cards, credit cards and other transaction processing. On the other hand, it is an area which deals with the allocation of assets and liabilities over time underneath the conditions of certainty and uncertainty. There are various business law firms that can help in this regard with their team of legal consultants. Most of the banks are there which work as profit making organizations; moreover, a few government banks are there which work as non-profit organization and they have their own team of solicitors in Dubai.

Arbitration

Overview
Mr. Jihad El Haddad Practice is with an international background.  Through Mr. Jihad El Haddad knowledge of the Middle East and international and regional experience, he is by virtue of heading the arbitration department has the necessary expertise to provide representation at the highest level across regions and industries. 
Mr. Jihad El Haddad Expertise
He has acted as counsel and arbitrators in disputes involving parties from around the world and arising in the following fields:
  • Real Estate Transactions and Disputes.
  • Construction and Engineering
  • Joint Ventures, Consortia and Corporate
  • Sale and Purchase Agreements
  • International Trade
  • Distributorship and Agency Agreements
  • Insurance, Re-insurance and Mutual Assurance Issues
  • Investment and Infrastructure

Arbitration Added Values:
Arbitration offers a number of advantages over traditional litigation due to its flexibility, confidentiality and speed. Mr. Jihad El Haddad has extensive experience in this field and have participated in many UAE and international arbitrations, as arbitrators, counsels, co-counsels and experts. He works closely with the DIFC courts, the Dubai International Arbitration Centre (DIAC), the Abu Dhabi Conciliation and Commercial Arbitration Centre (ADCCAC), the International Court of Arbitration of the International Chamber of Commerce. Mr. Jihad El Haddad can participate in arbitration proceedings in both Arabic and English, including the drafting of expert reports in both languages.

Best Law Firm in Dubai | Professional Experience with Local Experience

The practice of law has evolved into the development and growth of a business, rather than a profession. In the culture of modern firms, lawyers are evaluated and rewarded by their peers based upon the number of hours they bill, rather than the outcome obtained for the client.
As a result and contrary to popular perceptions, business conflicts, legal issues and disputes in the true business community, whether major corporations or individual business owners, is often undeserved and overcharged by the legal profession. All too often, these disputes involve the dissolution of closely held or family businesses.
Having served business owners for 8 years, in Beirut, Dubai and the U.A.E,
Jihad El Haddad is determined to provide business clients with the benefits of large firm expertise without the burdens of large firm drawbacks.
Our law firm provides services in various branches of Law, such as:

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Monday, March 12, 2018

Criminal Law Expert in Dubai | Professional Lawyer | Jihad El Haddad

U.A.E criminal law is a federal law derived from several provisions of Islamic Sharia. Mr. Jihad is Heading a team of licensed lawyers who represent clients accused of federal crimes and criminal offenses in the U.A.E. The Team is well trained to handle cases from police investigation to prosecution and criminal court. They ask for bail and submit memos and pleadings related to all sorts of crime, especially misdemeanors and violations.

Mr. Jihad through his Legal Team work with their clients until the case is closed in first instance court / appeal court / Supreme Court. We guarantee that our clients are represented fairly, legally and fully throughout the entire justice process.



Mr. Jihad El Haddad under the Umbrella of Al Wasl International Group Advocates & Legal Consultants are well versed with various areas of law, and are able to provide Expert Reports and Legal Opinions on each area, including, but not limited to, commercial law, real estate law.

http://www.dubaibestlawyer.com/

Advocates in Dubai, Abu Dhabi | Criminal, Divorce Lawyers, Family

Mr. Jihad El Haddad has lived and worked as a successful litigator in the Great Emirate of Dubai and he is a well-reputed litigator in these regions whereby his extensive experience as litigator and Lawyer in the courts has granted him a reputation of being one of the best lawyers, Barristers and Legal Consultants in Dubai. 
+971 4 3522144

http://www.dubaibestlawyer.com/

Certificate Attestation | Procedure for Attestation of Certificates .

Get a true copy of an original document signed by your legal consultant and legal firm in preparation to using the same outside the U.A.E Or get your legal consultant acknowledge your signature in front of him ( Signed In Front Of Him ). Please not that UAE is non-member of the Hague Convention, accordingly all the document intended to be use in United Arab Emirates required legalization though notary public or diplomatic channels and not just apostille which generally known as attestation or authentication. Call us on : +971 4 3522144 or email us on : info@jihadelhaddad.com

http://www.dubaibestlawyer.com/

Sunday, March 11, 2018

Best Law Firm in Dubai | Dubai Best Lawyers | Jihad El Haddad

Top Law firm in Dubai

1. What is the meaning of Notification by Guidance?↙
This is a process used for notifying the respondent(s). It is used when the court’s clerk is unable to reach the notified party on his given address as a result the court orders the party of the dispute to guide the clerk on the address. Accordingly, the concerned party shall attend in front of the summoning department at Dubai courts and accompany the court’s clerk to the address
2. What will happen if the concerned litigation party does not know the address of the other party or cannot assist with the Guidance? ⤵
We shall attend in front of the summoning department at Dubai courts and advise on not being able to assist, whereby as a result the summoning department shall address the matter to the concerned court handling the dispute in order to decide on the appropriate legal procedure which is normally reflected through investigating the address.
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Wednesday, July 12, 2017

Legal Law Firm in Dubai

Successful Law practice

Mr. Jihad El Haddad has lived and worked as a successful litigator in the Great Emirate of Dubai and other GCC countries, with over 10 years’ rich experience in Litigation & Dispute resolution. Today, he is a well-reputed litigator in these regions whereby his extensive experience as litigator and Lawyer in the courts has granted him a reputation of being one of the best lawyers, Barristers and legal Consultants in Dubai.
For over the past decade, I, Jihad El Haddad, have sought to provide my clients in Dubai and UAE with personalized and friendly Legal services and advices. Without any exception, I respect all my clients and am compassionate towards them, and ensure that I maintain a good line of communication with them while I handle their legal matters, Disputes.

Report and Legal Opinions

Mr. Jihad El Haddad under the Umbrella of Al Wasl International Group Advocates & Legal Consultants are well versed with various areas of law, and are able to provide Expert Reports and Legal Opinions on each area, including, but not limited to, commercial law, real estate law.

Attestation or Authentication of Documents to be used outside the U.A.E

Get a true copy of an original document signed by your legal consultant and legal firm in preparation to using the same outside the U.A.E Or get your legal consultant acknowledge your signature in front of him ( Signed In Front Of Him ). Please not that UAE is non-member of the Hague Convention, accordingly all the document intended to be use in United Arab Emirates required legalization though notary public or diplomatic channels and not just apostille which generally known as attestation or authentication. 
Call us on : +971 4 3522144 
Email us on : info@jihadelhaddad.com
http://www.dubaibestlawyer.com/

Tuesday, July 11, 2017

Law Firm in Dubai

Al Wasl International Group Advocates and Legal Consultancy (AWIG) is a duly established law firm in the UAE and in Dubai.
Our office are located at in the heart of the city on Sheikh Zayed Road / Al Hawai Tower, 3rd Floor. AWIG provides its clients with comprehensive ranges of legal services in different sectors of law, whereby it succeeded during the last decade in being one of the prominent and well established law firms in UAE.


An Annual Retainer agreement for a reasonable lump sum will include all general advice concerning statutory business and operations, reviewing and drafting agreements, legal updates, ordinary documents required for regular business operations and ongoing advice.

As well as the general practice of law, AWIG provides its clients with comprehensive ranges of legal services in different sectors of law, whereby it succeeded during the last decade in being one of the prominent and well established law firms in the U.A.E.

  • Litigation and Arbitration in the UAE
  • Setting Up Companies & Foreign Company Offices
  • Legal Advice on Local Employment Laws & Personal Services
  • Intellectual Property (IP), Information Technology (IT) & E-Commerce
  • Family Law
  • Marine / Transport
  • Banking, Insurance and Finance
  • Construction, Engineering & Contracting
  • Agency, Franchise, Distribution & International Trade
  • Corporate Services & Commercial Companies
  • Dispute Resolution (Mediation, Arbitration, & Litigation)
  • Real Estate & Rental Disputes
  • Media and Publications 

Our vast experience in working with multinational companies, local groups, small and medium sized businesses, individual cases as well as various other personal cases means that no assignment is too large or too small.

We look forward to working with you in your growing business.

For Assistance call: +971 4 3522144 or Email us on: info@dubaibestlawyer.com

http://www.dubaibestlawyer.com/


Wednesday, July 5, 2017

REAL ESTATE LITIGATION MATTERS

Introduction


Most of the Real Estate disputes are not resolved amicably, instead the parties to the dispute will have recourse to the Courts. The civil procedural law regulates judicial processes, called the court procedures. This advice sheet will explain the main court procedures for a real estate case.

(A) COURT OF FIRST INSTANCE

Stage 1: Statement of Claim

The Court proceedings are being initiated only after the filing the memorandum of claim (Statement of Claim) in front of the competent Court by the Claimant. The Court considers the memorandum of Claimant normally address the Real Estate Regulatory Authority (RERA) to enquire and get some basic information about the real estate unit subject of the dispute, real estate development project, developer of the project, etc. Initially the Court will request from the Agency certain information like:  

  1. Provide basic information about the Developer, purchaser, real estate unit subject of the dispute and the expected completion date.
  2. Whether the real estate development project is approved.by RERA.
  3. Whether the defendant has taken the project name and obtained necessary approvals.
  4. The status of the construction works in the site.
  5. Whether an escrow account is opened for the subjected real estate development project and whether the invested funds are being deposited in the escrow account. Any other question the court’s deems relevant to the dispute.
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Stage 2: Notification

a)                  Timeframe: it is beneficial to note that the notification process might be lengthy depending on the method of summoning.  However it has to be noted that the notification process might consume up 30-40% of the whole case length. For instance, if the case takes 1 year to obtain a final judgment, the notification process may take 3-4 months.

b)                  Notification process: Upon filing the lawsuit the court’s clerk shall execute the summoning and serve it to the address of each Respondent.       
The summons shall be signed by the Court and it must contain the name and address of the Court and the names and addresses of all litigants. It must be directed to the Respondent and contain the hearing date which has to be attended by the Respondent.

The court’s clerk shall  attempt to first serve it on the Respondent on his given address Not surprisingly there are many cases in which the clerk is unable to serve the Respondent on his given address ex……….. When the provided information about the Respondent’s place of work or residence was unclear or the non-availability of the respondent on his given address.

c)                  The Respondent’s failure to attend the court’s hearing although being summoning will entail The Court’s decision to notify the Respondent for the second time following which the court will pronounce its judgment.
Stage 3: Guidance

In circumstances where the court’s clerk was unable to summon the notice to the Respondent, the court shall postpone the hearing to guide the court’s clerk on the opponent’s address. This process enables the Claimant or his representative to accompany a clerk to the Respondent’s address in an attempt to serve him. If this process still does not result in the Respondent being served, the Judge will order an ‘Investigation’ to take place.

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Stage 4: Investigation

The Investigation Process is the process by which the court gives directions directly to the UAE Governmental authorities to seek assistance in locating the Respondent. The Judge’s legal secretary will send a letter to one or more of the following Governmental bodies with a request for information on the whereabouts of the Respondent:

·         Immigration Department or CID if the Respondent is a person;
·         Dubai Economic Department (DED) if the Respondent is a company registered in Dubai;
·         The Free Zone Authorities if the Respondent is a company registered in a Free Zone.


If the Governmental authorities report back that they have no information about the Respondent, the matter will proceed to the Publication Stage (see below). It is rare when the Governmental authorities are unable to provide information on an individual or company.

Stage 5: Second Notification attempt

If the Governmental authorities do provide useful information about the address of the notified party the Summoning process will be repeated, with or without Guidance.

Stages 6 and 7: Summoning Publication

 In the event that the court’s clerk couldn’t serve the notification, the court shall adjourn the hearing to allow a publication to be made in the newspaper. An advertisement will be made in a UAE based newspaper requesting the Respondent to make contact with the Court within a certain period. The publication can be made in Arabic and/or English and the cost of the publication must be borne by the Claimant. If the Respondent does not contact the Court within the time period, the court may order that a further advertisement be published in a newspaper.

After both publications, if Respondent does not attend the next hearing listed, the case will be postponed for judgment.

CHART 1: A SUMMARY OF THE INITIAL COURT PROCESSES

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Stage 8: The Court Process

In the event that the Respondent or his legal representative attends the Court’s hearing after being summoning the court shall grant him sufficient time to review the Statement of Claim and produce a memorandum in response to the claim. It should be noted that all proceedings in civil matters necessitates written submissions supported by documentary evidences or other evidences. The Court does not hear oral arguments from the parties’ lawyers; the case is determined on the basis of the written submissions and documentary evidence alone.

After the submission of the respondent’s memorandum of response, the Claimant or his representative will be in turn granted time (if required) to review the submissions and draft their own Reply according. In certain cases and provided that the dispute is in relation to technical or accountancy matters the court instructs an independent expert nominated by the court Whose role is to examine the supporting documents of the cases along with both parties submissions ending up with the issuance of a report addressing the points and issues as mentioned in the court’s interlocutory judgment.

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It is common practice for the Court to appoint an expert for findings of facts in a variety of issues including financial, engineering, accounting or other technical matters. Experts are being appointed and instructed in most of the disputed litigation matters.

The appointed expert is obliged to comply with the provisions of the applicable laws which includes holding the expertise meetings with the parties and/or their lawyers and keeping minutes of those meetings. The expert has the right to communicate with authorities, question the witnesses, check the accounts, ask for correspondence between the parties and/or request any additional information that is necessary for a better understanding to the disputed matter  ending up with drafting and submitting the report.. Once the expert completes his report and produce the original copy of the court, the parties are given an opportunity to comment on the report and a hearing date may be fixed for this purpose. The expert’s report is not binding to the court as it has the discretional authority to adopt it or not.  The expert provides independent advice to the Court and does not represent the interests of any party.

When the Court appoints an expert, the Court may order one of the parties to pay the expert’s fees. Usually, but not always, the Claimant is ordered to make the payment. The Court may order additional payments. The fees paid to an expert may vary from AED 5,000 to AED 50,000. If the expert fee is not paid, the expert will not start research on the matter and Judge may issue his judgment based solely on the submitted evidence. In practice, this situation negatively affects the case and the interesting party’s rights.

As there are no oral hearings in the Court, the expert is not questioned by either party or the Court. However, once the expert has filed the report, the parties are given an opportunity to comment and cross-examine the report. This is done by written submissions. This process can take from 1 to 4 hearings held by the Court. 

If the Court decides that the matter requires further investigation or there are strong objections from either party, it can refer back to the expert. The Court may also appoint another expert or committee of experts to prepare a report.  New expert reports incur additional expenses, which may be borne by the objecting party. 

Finally, after studying the report of the expert(s) and comments of both parties, the case shall be closed and court shall pronounce its judgment.

In very rare circumstances, the Judge may authorize either party to cross examine each other. 

CHART 2: INVOLVEMENT OF A COURT APPOINTED EXPERT

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Once the expert’s report is submitted to the Court, the court has the discretional authority  to rely on it totally or partially  or even disregarding it.  This stage is usually the last stage of proceedings in the Court of First Instance.
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(B) APPEAL COURT

If the amount claimed is more than AED 20,000.00 then an unsuccessful party has the right to appeal the judgment in front of the appeal court within thirty days as of the judgment’s issuance by the court of 1st instance in case the judgment is not pronouced in Absentia.

It is possible to appeal in relation to findings of both fact and law. The Court of Appeal hears the matter afresh and the parties can file further submissions and evidence. For the Appeal Court, the Appellant has to go through the notification process as set out above. A hearing date is allocated for the Respondent to file submissions in an answer. Further hearing dates can be fixed by the Court for exchange of further submissions. When the Court of Appeal considers that the matter has been sufficiently pleaded, it reserves the matter for judgment.

The Court fees for claims within the Appeal Court are 1.5% of the amount claimed, with the maximum of AED 6,000. These are borne by the appellant.

(C) SUPREME COURT (COURT OF CASSATION)

 eitther part to the dispute has a right to further appeal the judgment issued by the court appeal in front of the Supreme Court (Court of Cassation) on a matter of law, subject to certain monetary limits (the claim amount must be more than AED 200,000). The time limit for filing the appeal is 60 days from the date of judgment delivered by the Court of Appeal. This time limit can be extended in certain circumstances. The Court of Cassation can either give final judgment in the matter or remand the matter back to the Court of Appeal for further findings. If the case is remanded back to the Court of Appeal, there will be further hearings in the Court of Appeal and the parties again have a right to appeal to the Court of Cassation on a matter of law.

The whole structure of the case is elaborated below:     

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↓




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Timeframe:


Overall the timeframe depends on the complexity of the issues and the circumstances in each case. Proceedings in the UAE Courts are court-driven and the parties have little, if any, control over the pace at which the matter proceeds. Obviously not all the cases in the Court go through all the above stages, but it is important that clients are aware of all potential stages. For example, if the Court appoints an expert, the case takes longer to reach judgment stage. The judgment of the Court of First Instance may be expected within approximately one year from the date of filing the claim (excluding any additional time required for serving a defendant residing abroad).




Report and Legal Opinions


Mr. Jihad El Haddad under the Umbrella of Al Wasl International Group Advocates & Legal Consultants are well versed with various areas of law, and are able to provide Expert Reports and Legal Opinions on each area, including, but not limited to, commercial law, real estate law

Call Us: 043522144 / info@dubaibestlawyer.com

http://www.dubaibestlawyer.com/