The Legal System Of The U.A.E

Practitioner's designation

Advocate. Partnerships are permitted. A local advocate must sponsor any partnership.

Professional education

Candidates must be United Arab Emirates (UAE) nationals and possess a law degree from the College of Law of Al-Ain University or from a recognised Arab university. Arab lawyers with ten years' practice in another Arab country may also be admitted. Non-Arabs are now allowed to practise law in the UAE courts. Foreign law firms are permitted to establish offices but are not admitted as practitioners.

The law has recently been changed requiring practitioners to be exclusively UAE nationals. Arab lawyers who are at present licensed to practise must surrender their licence by the year 1996. However, they may still have the right of audience but in the name of a UAE practitioner.

Other professional designations

Notarial services and authentication are undertaken by the Clerk of Justice and the Registrar of Real Property, both of whom are employees of the Ministry of Justice. However, in the Emirates of Sharjah and Ras Al-Khaima these services are rendered by a Notary Public who is regulated by local laws.

In court

Separate admission must be obtained for each of the seven emirates of the federation. Advocates of 15 years' standing may be admitted to the Supreme Court.

History

The UAE is a federation established in 1971 and comprised of seven emirates namely: Abu Dhabi, Dubai, Sharjah, Ras Al-Khaima, Umm Al-Quwain, Ajman and Fujairah. The promulgation of substantive legislation is confined to the federal institutions, but local authorities may regulate local matters. Prior to establishing the UAE each of the seven emirates passed laws and regulations, including those establishing and regulating the judicial system. For example, Abu Dhabi promulgated a law in 1968 establishing and regulating the courts and Law Number 3 of 1970 dealt with procedures before the civil courts. Dubai promulgated a law establishing its courts in 1970 and Fujairah followed suit in 1969.Ajman, Sharjah, Ras Al-Khaima and Umm Al-Quwain established their courts by laws passed in 1971. Some of the local laws still continue to be in force and effect.

At the head of the federal judicial system is the Federal Supreme Court whose function and operations are stipulated in a particular federal law. The Constitution also provides for the establishment of lower federal courts. Each of the seven emirates, however, retains the right to choose either to participate in the federal legal system or to maintain its own local system. Four emirates (Abu Dhabi, Sharjah, Ajman and Fujairah) fused their local courts into the federal system. The remaining three (Dubai, Ras Al-Khaima and Umm Al-Quwain) maintain their own independent courts. These three emirates initially based their court system on a two-tier structure while on the federal level it is a three-tier system. The Emirate of Dubai, created a further tier by establishing a Court of Cassation in addition to its courts of first instance and appeal.

In the UAE establishment of civil and criminal courts resulted in diminishing the role of the Shari'a Courts. Nevertheless, the competence of the Shari'a Courts in some emirates, particularly Abu Dhabi, was later expanded to include in addition to matters of personal status, civil and commercial disputes as well as serious criminal offences. Therefore, in addition to the civil courts, each of the seven emirates maintains a parallel system of Shari'a Courts which is organised and supervised locally.

Language

The official language of all legal proceedings is Arabic.

Reading

Al-Baharna, HM. 'United Arab Emirates'. International Encyclopaedia of Comparative Law, Vol 1, 1973. Pages U53-57.

Amin, Dr SH. 'Legal Systems of the Gulf'. Lloyd's Maritime & Commercial Law Quarterly, February 1983. Pages 71-85.

Ballantyne, WM. Legal Development in Arabia. Graham & Trotman, London, 1980. 125 pages. ISBN 0 86010 167 3.

Mahmoud, Sabah. UAE Company Law and Practice. Medina Publishing, London, 1990. 230 pages. ISBN 1 873210 00 0.

Professional associations

Lawyers Society, c/o Ministry of Justice-Islamic Affairs (Awqaf), PO Box 753, Abu Dhabi, UAE. Tel: (2) 652 224. Fax: (2) 316 003.

Dubai Lawyers Society, c/o Court's Department, PO Box 4700, Dubai, UAE. Tel: (4) 285 151. Fax: (4) 624 099.

Enforcement of Foreign Judgments

by Sabah Al-Mukhtar, LLB, MA, Attorney-at-Law (practising in London)

The Federal UAE Code of Civil Procedures No 11 of 1992 ('CPC') contains the rules on conflict of laws and private international law provisions. The Civil Code No 5 of 1985 also contains rules on conflict of laws and private international law provisions (Articles 10-28). However, the CPC sets out the process to be followed for enforcement of foreign judgments, orders and instruments.

Article 235 of the CPCestablished the principle that foreign judgments, orders and instruments may be enforced in the UAE under the same preconditions attached to them in the country of origin. It also provides that the enforcement process is commenced by means of an application to be made to the court of first instance in whose jurisdiction the enforcement order is being sought.

The application made in this instance is the same as that of commencing an ordinary suite before the court. That involves all the normal formalities such as a statement of claim, registration, payment of fees, procuring a writ of summons.

Before the court makes the enforcement order it must be satisfied that a number of conditions are met. These, inter alia, include:

a. the UAE court did not itself have the competence or jurisdiction to hear the case and that the foreign court was the proper court having the locus standi under the law of the court;

b. the foreign court had the jurisdiction and competence to hear and decide the case;

c. the parties were properly served and represented in the hearing;

d. the judgment is based on the merits, in conformity with the lex fori and is final (res judicata); and

e. it was not contrary to UAE public policy or to a previous UAE court judgment.

Article 238 of the CPC provides that the provisions of the code in this regard will be subject to any treaty that the UAE is a signatory to. The UAE is a signatory to the regional Arab Judicial Treaty of 1983 (otherwise known as the Riyadh Treaty) to which the 21 Arab countries are signatories. The Treaty affords favourable treatment to decisions of the courts of the Arab member states by treating such judgments as domestic and are automatically recognised in the UAE.

How to get Labour Permit for a firm in UAE

Once the firm has got the license and a computer card the next step would be Labour Permit. The company would require an approval from MOL to get labourers skilled/unskilled to UAE.

B1-Group Labour Permit

Definition

It is a service provided by the Ministry to any firm wishing to bring in more than 50 workers without the need of giving individual details in the first stage. The company should give details of number of workers, nationality and the profession. After approval the company will be granted a period of six months to complete formalities for the approved group labour permit.

Implementation Stages

Stage 1: Approval of group permit

Stage 2: Submission of individual labour permits under an application called (approval for completing the group labour permit procedure)

Stage 1: Approval of group permit

1. Submission of an application mentioning nationality, profession, gender and number of people, along with the prescribed fees and required documents for the approval of group labour permit.

Application Form

Application for group labour permit

Conditions

• The company will present documents justifying the need for workers (e.g. list of projects, building permits, contracts, etc.)

• The company must have a clear track record free of any violations. Specifically, it must fulfill the following:

 No labour cards un-renewed for more than two months or labour permits un-renewed for more than six months

 The salary security reports need to be submitted (as per the requirement of the Ministry).

 Its record is free from persistent group labour disputes arising from unpaid wages, lack of suitable accommodation, or any other employer obligation stipulated by law.

It should not have employed illegal workers of any kind or if the trade license has not been renewed for two months then they should not have any workers employed in that firm.

• The other firms of the owner must not have on records any labour cards not renewed for 3 months or labour permits not renewed for 6 months or any violations registered against it.

• The authorized person should have a digital signature card

Documents Required

• A valid trade license.

• List of projects as per the contract should include the name of parties, subject, budget of the project, starting date, ending date and service / quality level.

• Copies of contracts, duly translated if in a foreign language, and attested according to Ministry’s regulations, if they are sub-contracts.

• Copies of building permits from the municipal authorities (if the firm is contracting company)

• Copies of ownership or lease agreement for office or workers’ accommodation (for existing workers)

• Copies of ownership or labour accommodation lease agreement (for workers to be imported as per group permit). It is required to indicate the number of rooms and whether they are suitable to accommodate the workers, together with photographic illustrations. In case no accommodation is available, the Ministry may, on approval by the Undersecretary or Assistant Undersecretary, accept an undertaking from employer to provide the same. After the final approval, the permit will be granted subject to the satisfactory report from the Inspection Department.

• List of company’s machinery and vehicles which can also includes transportation rental contracts mentioning the number of buses which need to be approved by the traffic Dept.

• Settlement of expired labour cards, labour permit and license of other firms owned by the applicant attested from Labour Establishment.

• A sketch drawing of firm’s site and workers’ accommodation, along with photos of the company and facilities.

• Company’s pay-roll for the last two months (excluding the month the application is filed and for the month preceding it).

Steps to Follow

1. Type the group permit application for submission, together with the fees and necessary documents (no application will be typed for group labour permit if the firm has any violations as per the records in the Ministry).

2. The application would be approved and attested by the Ministry with an undertaking letter stating that the owner /authorized person would submit all the required documents and abide to all the conditions necessary for the completion of group labour permit procedure.

3. If all the documents and conditions are fulfilled, the application is typed with following documents attached:

 An undertaking by the owner that he takes responsibility of fulfilling all conditions and documents required for group labour permit.

 A statement mentioning work details and percentage of worker.

4. Submit the application with required documents at the counter in the Inspection Department at the Ministry HQ in Abu Dhabi or Dubai or the concerned Labour office.

5. The application is vetted, scrutinized and checked for complete documents . The following documents need to be submitted:

 Statement mentioning work details and percentage of work.

 Copy of contracts (translated in Arabic) and attested as per the requirements of the Ministry in case of sub contract. Copy of building permit needs to be attached if it is a contracting company.

 Copies of ownership or labour accommodation lease agreement (for workers to be imported as per group permit). It is required to indicate the number of rooms whether there are suitable to accommodate the workers together along with photographic illustrations. In case no accommodation is available the Ministry may, on approval of Undersecretary or Assistant Undersecretary, accept an undertaking from the employer to provide the same on approval of group labour permit.

6. The applicant will be given a receipt for the submitted documents and it will mention that he will have to provide any other document if necessary (on request by the staff at Ministry counter).

7. Once all the documents are completed, the firm is notified for the date of inspection to assess the volume of work and ensure the firm’s compliance with inspection conditions. The Inspection Department will then submit its report.

8. The application will then be referred to the Permits Committee for processing and would be either approved or disapproved based on documents and the inspection report. The application then is referred to the Assistant Undersecretary for the final approval.

9. Following the final approval / disapproval the application is referred to the Permit Dept’s. Counter for issuing a letter of approval or apology incase of rejection. If approved the applicant is informed to pay the fees in one installment and to submit individual labour permit.

10. If the approval is subject to any conditions specified by the Inspection Department, the applicant needs to fulfill this condition (before the payment of fees is done).

Where to Apply?

All applications will be submitted to the Inspection Dept. at the Ministry HQ in Abu Dhabi or Dubai or the concerned Labour Office.

Fees

Documents Fees (in Dirham)

Group Labour Permit Application Category A Category B Category C

200/worker 200/worker 200/worker

Problems with real estate agent in Dubai

If there's breach of contract, buyer of flat can file a case

I purchased a flat in 2007 from a developer through a real estate broker and paid 50 per cent of its cost as the purchase agreement stipulated. Work on the flat was supposed to be completed by May 2010. To date, however, only 70 per cent of it has been done. This means that the project may be delayed for more than a year. The other problem is that the size of the flat, which was agreed in the purchase agreement, is now different. The purchase agreement stated that would be 2,000 square feet and the size of the current flat is just 1,500 square feet. 

Is there any possibility of terminating the contract due to the size difference, and especially since it’s not sufficient for my needs because I bought it for residential and business use? 

Regarding the problem of the delay, the agreement states that the maximum extension is only six months.

Is it possible to file a case against the developer and the real estate broker and how can it be proved that the developer has not met the agreed completion date?

The person writing may file a court case against the real estate broker and the developer to cancel the agreement and ask for the amount paid to be given back and also for appropriate compensation, due to the developer reneging on the agreed size. This is considered a breach of the contract. In addition, the fact that the developer has failed to hand over the flat is grounds for cancellation. Therefore, the person posing the question should hire a lawyer who can prove lack of commitment by the developer and violation of the purchase agreement.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

Ayodhya Verdict - Land to be dvided

AYODHYA ISSUES FOR BRIEFING

1. Whether the disputed site is the birth place of Bhagwan Ram?

The disputed site is the birth place of Lord Ram. Place of birth is a juristic person and is a deity. It is personified as the spirit of divine worshipped as birth place of Lord Rama as a child. Spirit of divine ever remains present every where at all times for any one to invoke at any shape or form in accordance with his own aspirations and it can be shapeless and formless also.

2. Whether the disputed building was a mosque? When was it built? By whom? The disputed building was constructed by Babar, the year is not certain but it was built against the tenets of Islam. Thus, it cannot have the character of a mosque.

3. Whether the mosque was built after demolishing a Hindu temple?

The disputed structure was constructed on the site of old structure after demolition of the same. The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure.

4. Whether the idols were placed in the building on the night of December 22/23rd, 1949?

The idols were placed in the middle dome of the disputed structure in the intervening night of 22/23.12.1949.5. Whether any of the claims for title is time barred? O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs U.P., Lucknow and others Vs. Gopal Singh Visharad and others and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri Jamuna Prasad Singh and others are barred by time.

6. What will be the status of the disputed site e.g. inner and outer courtyard?

It is established that the property in suit is the site of Janm Bhumi of Ram Chandra Ji and Hindus in general had the right to worship Charan, Sita Rasoi, other idols and other object of worship existed upon the property in suit. It is also established that Hindus have been worshipping the place in dispute as Janm Sthan i.e. a birth place as deity and visiting it as a sacred place of pilgrimage as of right since time immemorial. After the construction of the disputed structure it is proved the deities were installed inside the disputed structure on 22/23.12.1949. It is also proved that the outer courtyard was in exclusive possession of Hindus and they were worshipping throughout and in the inner courtyard (in the disputed structure) they were also worshipping. It is also established that the disputed structure cannot be treated as a mosque as it came into existence against the tenets of Islam

GIST OF THE FINDINGS by S.U.Khan J.

1. The disputed structure was constructed as mosque by or under orders of Babar.

2. It is not proved by direct evidence that premises in dispute including constructed portion belonged to Babar or the person who constructed the mosque or under whose orders it was constructed.

3. No temple was demolished for constructing the mosque.

4. Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque.

5. That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small part birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute.

6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated.

7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the mosque.

8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well as Hindus are held to be in joint possession of the entire premises in dispute.

9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus were using and occupying different portions of the premises in dispute still it did not amount to formal partition and both continued to be in joint possession of the entire premises in dispute.

10. That both the parties have failed to prove commencement of their title hence by virtue of Section 110 Evidence Act both are held to be joint title holders on the basis of joint possession.

11. That for some decades before 1949 Hindus started treating/believing the place beneath the Central dome of mosque (where at present make sift temple stands) to be exact birth place of Lord Ram.

12. That idol was placed for the first time beneath the Central dome of the mosque in the early hours of 23.12.1949.

13. That in view of the above both the parties are declared to be joint title holders in possession of the entire premises in dispute and a preliminary decree to that effect is passed with the condition that at the time of actual partition by meets and bounds at the stage of preparation of final decree the portion beneath the Central dome where at present make sift temple stands will be allotted to the share of the Hindus.

Order:-

Accordingly, all the three sets of parties, i.e. Muslims, Hindus and Nirmohi Akhara are declared joint title holders of the property/ premises in dispute as described by letters A B C D E F in the map Plan-I prepared by Sri Shiv Shanker Lal, Pleader/ Commissioner appointed by Court in Suit No.1 to the extent of one third share each for using and managing the same for worshipping.

A preliminary decree to this effect is passed. However, it is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree.

It is further directed that Nirmohi Akhara will be allotted share including that part which is shown by the words Ram Chabutra and Sita Rasoi in the said map.It is further clarified that even though all the three parties are declared to have one third share each, however if while allotting exact portions some minor adjustment in the share is to be made then the same will be made and the adversely affected party may be compensated by

allotting some portion of the adjoining land which has been acquired by the Central Government. The parties are at liberty to file their suggestions for actual partition by metes and bounds within three months. List immediately after filing of any suggestion/ application for preparation of final decree after obtaining necessary instructions from Hon'ble the Chief Justice. Status quo as prevailing till date pursuant to Supreme Court judgment of Ismail Farooqui (1994(6) Sec 360) in all its minutest details shall be maintained for a period of three months unless this order is modified or vacated earlier

Previously barred categories of expatriates now allowed sponsoring families in UAE

In a major move 57 categories of expatriate workers who had previously been barred in UAE from sponsoring their children and family members can now do so by depositing Dh5,000 per person, a senior Ministry of Interior official has said. Major General Nasser Al Awadi Al Menhali, Assistant Undersecretary for Naturalisation, Residency and Ports Affairs at the Ministry of Interior, Monday that 57 categories of workers previously barred from sponsoring family members' residence visas would now be able to do so.

"Previously, some professions such as drivers, bakers, tailors and cooks were not allowed to sponsor their family members, regardless of how much money they earned. Now we have solved their issues by allowing them to sponsor their families if they pay the required deposit," Major General Al Menhali said. He said the decision applied mostly to low-skilled and semi-skilled workers.

The affected categories include welders, blacksmiths, goldsmiths, plumbers, mechanics, laundry workers, car washers, grocers, sales people, butchers and construction workers.

In January 2009 About 57 categories of expatriates will be restricted from sponsoring their families even if they earn the minimum required salary. The following categories are included:

* Cooks (Arabic cuisine cook, continental cuisine cook, falafel maker, sweets maker, pastry maker, assistant cook)

* Certain skilled categories like welder, blacksmith, goldsmith, plumber, tile worker, painter (automobile painter), engine worker, assistant mechanic

* Laundry worker, car washer, grave digger, grocer, salesman, waiters, office boys, butcher

* Makeup man, hairdresser, barber, tailor, decoration jobs

* Drivers (pickup driver and private drivers)

* Trainers like falcon trainer and private tutor.

* Guards

* Laborer (construction workers)