Law Firm in Dubai Practices Area

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.

• Arbitration
• Banking & Finance
• Corporate Law
• Commercial Advisory
• Contract
• Criminal Law
• Employment 
• Financial Crimes
• Health Care
• Insurance 
• Intellectual Property 
• Legislation & Drafting 
• Real Estate

Business - Finance / Lawyers & Legal Consultants in DubaiLawyers & Legal Consultants in Dubai

Criminal Law / 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.

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Interesting Court of Cassation :

In a recent Dubai Court Judgment, the Court ruled in the appeal filed by the Attorney General that, in the event of a claim from the land developer against the purchaser, the role of the Land Department is merely conciliatory to propose suitable solutions for the parties in order to reach an amicable settlement.
Unless the parties mutually agree to terminate the sale agreement, only courts can issue final decisions to terminate agreements between real estate developers and purchasers.

Facts of the case

The First Respondent in this case, a real estate investment company, initiated legal action before the Dubai Court of First Instance seeking a court order against a Real Esate Agent (the “Third Respondent”) to refund the sum paid to the latter as installments of the purchase price for two real estate units located in the Water Front living project. The legal action was filed on the ground that the Third Respondent failed to register the unit as required by the law.

The Third Respondent pleaded that in this transaction, it was acting as an agent for the Second Respondent and requested the action to be dismissed for having been brought against a party who has no capacity within the substantive matter of the dispute and therefore sought to join the Second Respondent to the case.

Procedural History

The First Respondent (Claimant) filed its amended statement of claim to include the name of the Second Respondent. The Land Department confirmed that the units (the subject of the dispute) are registered in the Interim Real Estate Register. In light of this, the First Respondent sought to annul the Sale agreement or alternatively to cancel/terminate the agreement as the Second Respondent failed to commence any construction on the units to date, nor did it secure the required building permits which the First Respondent sought to establish by way of first hand inspection by a court appointed expert.

The Court of First Instance rendered its ruling by dismissing the case. As a consequence, the First Respondent appealed before the Court of Appeal which overturned the lower court’s decision and further rejected the case as a result of the administrative decision (issued in the same case) by the Dubai Land Department.

The First Respondent challenged the Court of Appeal’s decision before the Dubai Court of Cassation which dismissed the case on the ground that the action is time barred.

The Attorney General challenged the same Court of Appeal ruling pursuant to Article 174 of the UAE Civil Procedure Law which entitled the Attorney General to challenge final decisions of any court provided that the court’s judgment contradicts the law or its application.

The Court of Cassation

The Attorney General argued that the appealed judgment was wrong to consider the administrative decision (rendered by the Land Department) as a conclusive and binding judicial ruling which had the effect of res judicata, in other words, the lower court rendered the Land Department’s decision as equivalent to a Court judgment, which was incorrect. The Attorney General further pleaded that the appealed decision contradicted both Article 11 of the Interim Real Estate Register Law No. 13 of 2008 and Article 15 of the Executive Council Decision no. 6.

The Cassation Court, in its ruling, stated that articles from the UAE Civil Transactions Law as well as the aforementioned articles the Interim Real Estate Register Law No. 13 of 2008 and the Executive Council Decision No. 6 of 2010 provide that contracts may be terminated either by parties’ agreement or a court order. Furthermore, the role of the Land Department in settling a developer-purchaser dispute is to endeavor and conciliate suitable solutions for the parties in order to reach an amicable settlement and does not extend to the termination of contracts. The court further stated that the Land Department’s decision is not conclusive so as to preclude bringing an action for breach of contract to determine entitlement to recover damages under the law.

The lower court failed to examine the merits of the dispute when it decided to dismiss the action on the basis that the Land Department had previously issued a decision authorizing termination of the units sale agreement, and that this administrative body, which was not a party to the proceedings, had exercised its powers and rights in accordance with the law. Therefore, the Cassation Court overturned the appeal judgment and referred the case back to the Court of Appeal.

Practice note:

The above Cassation decision confirms that the Land Department’s role in disputes is limited to conciliation and is subject to judicial review, it further highlighted that there is judicial control over administrative decisions and that it is the Courts that ultimately terminate real estate agreements.

Lawyers & Legal Consultants in Dubai - Dubai City Guide

KNOWING LAWS AND REGULATIONS FOR LAND SALE
The steady development of the real estate sector in Dubai in the past decade has drastically transformed the city into a modern, urban haven. This has opened up more realty options, finance/mortgage facilities and easier legislation procedures for buying and selling land and property in Dubai. Large scale real estate development projects, undertaken by approved developers, have led to the construction of many iconic landmarks within the city. It is important to know the recent property laws regarding ownership, buying and selling of land and property and rentals. Special laws and decrees are applicable for expatriates dealing with freehold property zones and various government housing programmes and schemes have been established for UAE nationals.

Knowing laws and regulations for land saleThe Government of Dubai has consolidated the property laws and regulations with the aim of ensuring that property investors are assured the highest possible service and integrity standards from real estate agents, brokers and property developers transacting business in Dubai. Putting a property up for sale in Dubai has now acquired ease and convenience. The laws are clearly outlined for UAE and GCC nationals as well as non-GCC citizens. There is also a wide selection of agents and internet sites available to buyers and sellers to help sell and advertise Dubai freehold property.

Dubai Law Firm - Lawyers, Legal Consultants and Advocates

Drugs LawAs earlier advised, always remember that you are living in Dubai, U.A.E a place where the legal system is different than your home country. With the to target to provide a legal advice for expats residing in the U.A.E , i do hereby point out your rights when it comes to illicit and prescription drugs in the UAE. It is required to note that the penalties for breaching any of the following drug laws might include imprisonment and definitely deportation.1) The consumption of illegal drugs in the UAE is a Crime, whoever commits will be punished by possible imprisonment and/or deportation. Drugs that are legal in your home country may not necessarily be legal in the UAE, this could include drugs that you have been prescribed for medical reasons in your home country. 2) The import of illegal drugs in to the UAE is a criminal offence.. This includes whilst transiting through Dubai airport. If you have obtained a prescription for medication from your home country, it is recommended to carry a translated and attested copy of the prescription with you.3) Take particular care when returning from holiday if you may have come in to contact with anyone who has taken an illegal drug and may have passed even the smallest quantity on to you. Possession of illegal drugs, even for example a speck on a shoe, may be a criminal offence.4) Some medications are illegal in the UAE if possessed without a prescription from a Doctor. These include some sleeping pills, antidepressants and pain killers. Check with your Doctor whether a prescription is required before taking these types of medicines.5) Do not keep silent when you witness a drug crime, as you are legally under the obligation to inform the concerned authorities (police hotline). 6 ) Convince a drug consumer to surrender himself to the concerned authorities prior to being caught, as the applicable law considers the same and takes it into consideration.