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.

Passengers flying to India must self-declare jewellery, bullion and currency exceeding Rs10,000

New Delhi: The Times of India reported that new customs rules to be implemented from next month will require all passengers flying into India to self-declare currency exceeding Rs10,000, gold jewellery and gold bullion in their possession and also be required to declare number of baggage, including hand-carried baggage, while entering into India. 

The Customs Baggage Declaration (Amendment) Regulations of 2014 require an Indian citizen to fill up the immigration form only when he or she goes out of the country. Indian citizens returning from abroad are not required to fill up the form, it added.The rules will kick in on March 1, according to a finance ministry notice dated February 10.

Gold mules, duty fraud

The new form will ask for details different from the immigration card (detachable perforated strip) currently in use, with new fields added to declare dutiable and prohibited goods.

The move is aimed to help airport authorities check customs duty fraud. More importantly, it will keep tabs of gold jewellery and bullion being brought into the country, say officials.he Indian government has raised the ante on passengers who work as gold mules. India, the world’s second-biggest gold importer after China, imposed further controls on domestic gold consumption, raising import duty on bullion from 8 per cent to 10 last year.

The gold import curbs and increased taxes dried up demand after Indians went on a gold buying spree following a slump in world gold prices in April last year – which blew a bigger hole in the country’s current-account deficit and led to rupee’s slide. A lion’s share of India's gold demand comes from imports, denominated in dollars.

Earlier, it was announced that all passengers arriving at the country’s 19 international airports must fill out a new detailed customs form starting January 1, 2014. It was not immediately clear if the January 1 target had been moved to March 1.

Now, the form will ask in-bound passengers to specifically declare prohibited goods and dutiable items, including gold jewellery, gold bullion and Indian currency exceeding the permitted limit.

Indian Customs allow male passengers to carry gold worth up to Rs50,000 (Dh3,400) and female passengers twice as much. The currency limit for Indian citizens is set at Rs7,500 (Dh510). Non-resident Indians can take foreign exchange, but they have to declare amounts exceeding $5,000 or equivalent or when the aggregate value of foreign exchange (banknotes, travellers cheques) exceeds $10,000.

“For the first time, travellers would be asked to specifically declare any prohibited articles, gold jewellery (over free allowance), gold bullion and Indian currency exceeding Rs10,000 in the new form,” the report said, quoting an unnamed official.

Other details

Moreover, the passport number must be mentioned on the new form -- a detail not required earlier -- as well as countries visited by a passenger in the past six days, the report said.

“Old fields like declaration of satellite phone, foreign currency exceeding $5,000 or equivalent, aggregate value of foreign exchange including currency exceeding $10,000 or equivalent, meat, meat products, dairy products, fish or poultry products and seeds, plants, fruits, flowers and other planting material have been retained in the new format,” it said.

Dubai Police radar limit on major roads

As traffic conditions continue to plague daily commuters across Dubai, the statistics paint a grim picture with excessive speeding resulting in 42 traffic accidents, resulting in the deaths of five people and injuring another 35 in 2013 alone.To avoid further confusion, Dubai Police released an updated list of speed limits on major roads across the emirate, along with the radar setting speed that will have you facing a heavy fine if crossed.

Major highways, including Sheikh Mohammed bin Zayed Road, Emirates Road, Dubai-Al Ain Road, Hatta Road, the Lahbab Road and the Aweer-Lahbab Road, all have a maximum speed limit of 120kmph.

The radar setting for these roads have been set at 141kmph, the speed following which your car will be captured on camera.


For a complete list of road speed limits, see the table below.

Sharjah Executive Council (SEC) granted 60-day maternity leave to mothers and 3-day paid leave for fathers

Mothers in Sharjah will be granted a 60-day maternity leave, announced the Sharjah Executive Council (SEC) on Saturday. This applies to all residents in Sharjah.

Tariq Sultan bin Khadim, Member of the Sharjah Executive Council (SEC) lauded the SEC decision granting non Emirati mothers a maternity leave for 60 days with pay in implementation to the directives by His Highness Dr. Sheikh Sultan bin Mohammed Al Qasimi, Supreme Council Member and Ruler of Sharjah.

Previously, expat mothers were granted a 45-day maternity leave, while Emirati mothers would be able to take a paid leave for 60 days after giving birth.

Commending the gesture of Ruler of Sharjah, Khadim added that the move aims to give the expatriate mothers their natural right to look after their babies.

The male employees whom their wives deliver babies in and outside UAE are entitled to the fatherhood leave for three days with pay.

Sharjah is the first emirate to implement the extended maternity leave, as all other emirates apply a 45-day leave in line with the UAE Labor Law. Furthermore, paternity leave is not included in the Law.

“A working woman is entitled to 45 days maternity leave with full pay which includes the period before and after the delivery, provided she has served continuously for not less than one year.

The maternity leave is granted with half pay if the woman has not completed one year of service. At the end of the maternity leave, a working woman has the right to extend her maternity leave for a maximum period of l0 days without pay,” states the Law.

It further reads: “During the 18 months following delivery, a female employee who nurses her child has the right to have two daily intervals which do not exceed half an hour each for the purpose of nursing her child. These additional intervals are considered part of her working hours and no deduction in wages can be made.”

UAE Anti-tobacco Law in effect from January 21

The much anticipated Anti-tobacco Federal Law has come into place on January 21. A number of rules must be taken into consideration, as violators may be met with hefty fines.

On July 21, 2013 the Ministry of Health announced the executive regulations of the Anti-tobacco Federal Law, which was approved by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, in the Cabinet's Resolution No 24.

During the course of the next 6 months, the public was able to take the required measures to comply with the new law. As shopkeepers, distributers and the hospitality sector have geared up for the day of implementation, the individual smoker too should be well aware of the new rules from today onward in order to avoid being fined.A couple of rules have been implemented to protect the younger generation from the harm that can be caused through smoking and passive smoking. By far the most-talked about rule is the restriction of smoking in the car in the presence of a child below 12 years.

The violator will be fined with a Dh500 penalty, and Dubai Police is tasked with the enforcement of this rule. So, from today, good behaviour on the road goes beyond being a good driver.

Further, the young generation will not be able to purchase any tobacco products, as the sale of these products to any person under the age of 18 is a violation. Similarly, shisha products may not be provided to persons under the age of 18. Those flouting these rules may be fined with penalties between Dh500-10,000.

Shopkeepers and café owners will have to abide by an additional set of rules. Shisha shops and shops selling tobacco products may no longer be available near schools and mosques. A minimum distance of 15 metres should be maintained from kindergartens, schools, universities and colleges, a minimum of 100 metres from places of worship. A minimum of 150 metres from residential areas is the rule for shisha cafes.

Further, tobacco products cannot be displayed near items marketed for children, or sportswear, health, food and electronic products.

Advertising of tobacco products is no longer permitted.  The law bans any content that advertises tobacco products, such as newspaper advertisements, TV commercials and animations.

It also bans importing tobacco products that are not line with technical standards set by the UAE, and any violations regarding such imports can lead to a one year prison sentence and a fine ranging from Dh100,000 to Dh1 million, in addition to the confiscation of products.

The law also provides specifications on the packaging of tobacco products. All products must now display a large warning label on the front to raise awareness on the dangers of tobacco, and not to mislead them. Violators will be fined Dh100,000 to Dh1 million, and the fines can be doubled if the offence is repeated.

Shisha cafes are subjected to specific rules when it comes to their opening hours. The regulations specify that these cafes must comply to working hours from 10am to midnight. Shishas may not be served to customers younger than 18 years, and the cafes will be forbidden from delivering shishas to apartments.

Finally, growing or producing tobacco for commercial purposes will also be forbidden, and current manufacturing plants have been given a grace period of 10 years to sort out their situation, while tobacco farms have been given a two-year grace period.