Sunday, March 2, 2014

Questions and Answers about Litigation Proceedings in UAE

1-How long does it takes for a decision in a labor case to be executed?
- one week after the date on which the decision is made.
2. How can a woman execute a POA to appoint her husband as her agent?
- She has to go to the division of personal status services, with her legal guardian to transact the POA. She shall have her passport (or ID for nationals), or a marriage agency endorsed by her legal guardian if he is outside the UAE.
3. How can an Egyptian woman obtain a certifi­cate for verification of absence?
She shall print the relevant application and bring a personal status claim at the division of registration, under the name of “verification of absence”.
4. Is a true copy of the passport required for those living outside the UAE?
This is irrelevant to the jurisdiction of the court. A person shall endorse the copy from the General Directorate of Residency and Foreigners Affairs, and the Ministry of Foreign Affairs.
5. In case a POA is cancelled, shall the agent be noti­fied?
For a POA to be cancelled, the following documents are re­quired:
A copy of the POA, if any.
ID for nationals
Notary public of the Department of Economic Development: the principal shall sign an acknowledgement to notify the agent.
Notary Public of Tawar office: The agent shall be notified through a minute.
6. Are there any payable fees if the notary pub­lic moves to the place of residence to complete the transaction? Do they apply also to VIPs?
Only AED 100 shall be paid in case the notary public has to visit patients in hospitals and disabled people in their houses, after the medical report is provided and the woman serving her waiting pe­riod. In other cases, the same fee applies to sheikhs in Dubai,

ministers, directors of governmental departments in Dubai, and the renowned public figures. The jurisdiction is limited to the Emir­ate of Dubai.
7. Shall people with no ID obtain a non-work cer­tificate from the Notary Public?
Yes, a non-work acknowledgement may be endorsed for those who have no ID, provided that the authority requiring such an ac­knowledgement be specified.
8. May the Tunisian consulate in the UAE approve a POA from a Tunisian national to open a case and review the same issue in courts? May the courts accept that?
Yes, courts accept that the consulate acts as an agent in a case.
9. Shall a father obtain an NOC for his son to hold the UAE nationality at the Notary Public’s office?
An NOC is issued by the department of personal status. However, if the mother is non-national, the NOC shall be issued by the Notary Public.
10. What are the services provided by the Notary Public at the head office and the different offices (Barsha, Tawar, and the Department of Economic Development)?
The head office endorses judicial warnings for attorneys, endors­es POAs in cases for attorneys if the case is scheduled to be re­viewed on the same day, endorses assignments of cases and ac­tions reviewed by the public prosecution, courts or police centers, and transports officials to Rashid hospital and nearby areas. Other branches, however, provide all the abovementioned services and make all other endorsements approved by the Notary Public.
11. May a statement of indebtedness be executed to document the debts payable by persons? May a judicial warning be issued if the other party fails to make the relevant payment?
Yes
12. May a penal claim be instituted in case there is a statement of indebtedness?
No, but a civil claim may be made instead.

13. What are the costs and fees of civil and com­mercial claims ?
If the value of claim is less than AED 100 (one hundred dirhams), or does not include an application of no estimated value, then it is a summary claim.
If the value of claim exceeds AED 100, or includes an application of no estimated value, then it is a total-bench claim. A fee of 7.5 of the value of claim shall be paid. For claims with no estimated value, AED 750 shall be paid (e.g. the appointment of expert, restoration of passport, cancellation of a trade mark). Summary claims require AED 500. Minimum fees are AED 10 and maximum fees are AED 30,000.
14. When shall hearings be scheduled?
Hearings are scheduled according to the address of the de­fendant; if it resides within the Emirate, then a hearing shall be scheduled within 10- 20 days. However, if the defendant is domiciled outside the Emirate, and there is a notification for a public authority in Dubai, then the hearing shall be scheduled within 15- 30 days.
If the defendant lives in another, Arab or neighboring, country, the hearing shall be scheduled after 3 months. For relatively distant countries, a period of 6 months shall be allowed.
15. What are the fees of summary claims ?
AED 500
16. What are the requirements for the endorse­ment of contracts ?
The contracts shall be typed in Arabic.
The relevant parties, or their agents, shall attend.
The original ID, and a copy thereof, shall be provided.
An initial approval shall be obtained from the relevant authority.
17. What are the requirements of sale contracts and the appendices thereof ?
The contracts shall be typed in Arabic.
The relevant parties, or their agents, shall attend.
An original ID, and a copy thereof, shall be provided.
An initial approval of sale shall be obtained for some businesses.
An original driving license and a list of shareholders, plus a copy  of both, shall be provided.
The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.
18. What are the requirements of a POA?
The instrument shall be typed in Arabic.
The relevant parties, or their agents, shall attend.
An original ID, and a copy thereof, shall be provided.
Instruments establishing the capacity, and a copy thereof, shall be submitted.
19. What are the procedures to be followed in com­mercial agencies?
The original license and a list of partners, and a copy thereof, shall be provided.
The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.
20. What are the procedures to be followed for executing POAs for inheritors?
The original statement of heirs, and a copy thereof, shall be sub­mitted.
If there are minors, their passports shall be attached and the ap­proval of the competent authority shall be obtained.
If a minor reaches the age of maturity, the relevant statement of adultness and cancellation of custodianship shall be submitted.
21. What are the requirements of an acknowl­edgement ?
An acknowledgement shall be written in Arabic.
The relevant party, or the agent thereof, shall attend personally.
The original ID, and a copy thereof, shall be submitted.
Statements showing the party’s capacity, and a copy thereof, shall be submitted.
22. How shall minutes of meetings be endorsed ?
A minute shall be typed in Arabic.
The relevant parties, or the agents thereof, shall be present.
The original ID, and a copy thereof, shall be submitted.
The party shall provide its license, the articles of association of the company, a list of shareholders, and a copy of each.
 23. What are the established procedures of cath­olic marriage contracts in Dubai?
Two original certificates of marriage shall be submitted.
The photos of the husband and wife shall be provided.
The certificate shall be translated into Arabic and shall be legally endorsed.
24. How shall the date be documented?
- An Arabic application for date documentation shall be provided.
- The original instrument, and one or more copies, shall be at­tached.
- The original ID, and a copy thereof, shall be submitted.
25. How shall a translation be certified ?
- The translator shall be present.
- The license issued by the Ministry of Justice, and a copy thereof, shall be shown.
- The Arabic translation, and the original foreign instrument en­dorsed by the UAE Foreign Ministry, shall be provided.