Our deep understanding of the intricate local legal system and strong relationships with relevant authorities set us apart from the competition. This enables us to stay up-to-date with any changes to local laws, ensuring that we provide our clients with the most current and accurate advice. At the heart of our approach is a commitment to providing exceptional client service, and our teams are dedicated to offering regular updates and continuous guidance to our valued clients.
Alketbi's litigation services ranges from:DIFC Litigation, Construction and engg. , Real estate and leasing, Cyber crimes and financial crimes, Civil, commercial, banking and Insurance litigations.
We offer comprehensive commercial & civil legal services in UAE, offering advisory services for various commercial and civil law cases. Whether you need assistance from a highly trained team of commercial agreement lawyers to establish a new business relationship on a sound legal footing or a civil case lawyer in Dubai to get paid for a completed job, we have the team to provide you with impeccable legal services for both these situations and any others arising in the scope of commercial and civil law in UAE.
Regarding commercial law advisory and representation, we have professional commercial lawyers who can tend to various topics and problems. With focused services, we ensure our clients receive best-in-line commercial law advice and legal representation in commercial law problems from best-in-class, experienced lawyers. Our excellent quality of services encourages our clients to trust us with all their commercial litigation needs and call us the best commercial law advisory service in UAE.
Our lawyers are headed by senior litigators with judicial and commercial backgrounds and are well known for adopting a practical and commercially aware approach to disputes. Our registered DIFC practitioners are well-versed in the rules and regulations of the DIFC courts.
A significant advantage for most expatriates with the DIFC Court system is that the proceedings are conducted in English. It also follows a standard law system. There is an opt-in jurisdiction for DIFC Courts where parties may expressly choose the DIFC Courts to resolve their disputes to the exclusion of the jurisdiction of the Dubai Civil Courts. The Dubai Civil Courts enforce judgments of the DIFC Courts on the strength of an enforcement protocol executed between the DIFC Courts and Dubai Civil Courts. Because of this, many parties choose to opt into the jurisdiction of the DIFC Courts.
Alketbi has experienced lawyers registered under Part II of the DIFC register of practitioners with the right of audience before all courts in the DIFC.Read More
Our team is a leader in providing advisory and litigation services in cybercrimes and financial crimes to many clients, including financial institutions, government-owned entities, multi-national corporations, high-net-worth individuals and family businesses.
Our team consists of lawyers from various civil and common law jurisdictions and includes native Arabic and English speakers with international and regional expertise. We provide our clients with the comprehensive service they need, from initial advice to drafting in Arabic or English to advocacy in the local courts. Our team is also an expert in advising on contextual and regulatory developments related to financial crime.Read More
At Alketbi, we offer specialized legal expertise to the engineering and construction industry with a comprehensive advisory service for procurement and dispute resolution. Our team deeply understands the industry in this jurisdiction, providing targeted advice that meets the specific needs and expectations of our clients.
We represent a diverse range of clients, including developers, financiers, contractors, major sub-contractors, and project consultants. Our services cover major project work, including infrastructure and commercial development. From pre-tender to completion, we have successfully negotiated and advised on projects across the UAE, with a focus on retail, leisure, residential, and office developments.
As specialists in construction and infrastructure law, we act on behalf of employers, contractors, facility managers, developers, consultants, and other industry participants. Our team is committed to staying up-to-date with the latest legal developments, which we pass on to our clients through regularly published articles and topical webinars on construction-related issues. With our depth of experience, we offer timely and value-added services to meet the requirements of our clients' ongoing development activities. Trust us to deliver strategic legal solutions that protect your interests and ensure successful project outcomes.Read More
Our legal team is here to provide you with comprehensive assistance for all your real estate legal needs. We understand the complexities of the industry and the importance of personalized legal solutions to meet each client's unique needs.
Our team of experienced attorneys is well-versed in local laws and regulations governing real estate transactions, allowing us to provide you with expert advice and guidance.
Whether you're dealing with disputes over property titles, classification, zoning, or other issues, our team can help. We have a proven track record in dispute resolution, arbitration, and litigation in UAE courts. Our focus is always on performing the best possible outcomes for our clients, no matter the circumstances.
In addition to our work in dispute resolution, we also offer mediation services to facilitate productive conversations between developers, investors, owners, and contractors. Our attorneys are skilled mediators who can help you reach a mutually beneficial solution and avoid costly legal battles.
With our team of professionals and our commitment to meeting every client's needs, you can trust us to guide you through even the most complex real estate transactions and legal matters.Read More
Alketbi takes pride in our Employment practice, which has earned a well-established reputation for providing pragmatic and up-to-date counsel and well-organized documentation. Our team offers an array of legal services for both regional and international employers, covering every phase of the employment relationship and spanning all industry sectors.
We specialize in advising clients on complex issues related to immigration and residency regulations, compliance with the Ministry of Labour guidelines, designing employee benefits and incentive programs, managing redundancy and termination procedures, facilitating end-of-service gratuity settlements, and crafting or restructuring service contracts, among other employment-related documentation.
Our legal experts are fully committed to staying abreast of the latest developments in employment law, and we take a proactive approach to anticipating and managing potential risks for our clients. We pride ourselves on providing practical, effective, and cost-efficient legal solutions that help our clients achieve their business goals while maintaining a compliant and fair workplace.Read More
Our team at Alketbi provides legal document drafting and analysis and documentation services for clients. We have experts who are well qualified to handle any legal drafting and offer a full spectrum of drafting services for all legal documents and instruments such as wills, Testament, Memorandum of Association, Article of Association, and Power of Attorney in UAE.Read More
At Alketbi, we specialize in providing comprehensive legal services for banking and insurance litigation. Our experienced team of lawyers advises clients on a range of matters, including insurance and reinsurance assignments, compliance issues, anti-money laundering regulations, prudential standards, and insurance portfolio transfers.
We represent clients in a variety of litigation matters, including disputes over coverage and claims handling, bad faith insurance practices, and regulatory investigations. Our lawyers work diligently to protect our clients' interests and provide tailored solutions that meet their specific needs.
We understand the complexities of the banking and insurance industries and stay up-to-date with the latest legal and regulatory developments. Our team is committed to providing high-quality, cost-effective legal services that help our clients achieve their goals and navigate complex legal issues.Read More
Dealing with an unjust rent hike can be a major headache for tenants in Dubai, but fortunately, there are well-defined rental laws in place in the UAE that offer valuable safeguards. Dubai: Dubai's rental regulations are primarily based on Federal Law No. (26) of 2007 on Renting of Properties, covering both residential and commercial leases, including freehold properties.According to this law, landlords are allowed to raise the rent once annually, provided the increase does not exceed 5% of the current rental value. In cases where landlords and tenants fail to agree on an increase, the Rental Dispute Settlement Committee (RDSC) steps in. The RDSC holds the authority to adjust rental rates, even if the landlord has issued a notice of increase. This empowers tenants to contest unreasonable rent hikes, with the RDSC having the final say on whether the increase is justifiable.Should you believe your landlord has imposed an unjust rent hike, you have the option to file a complaint with the RDSC within 30 days of receiving notice of the increase. The RDSC will conduct an investigation and may decide to revise or even nullify the rent hike.Dubai also offers various remedies for tenants who believe they've been treated unfairly by their landlords. These remedies encompass lease termination, rent reduction, and compensation.It's worth noting that landlords must give tenants a minimum of 90 days' notice before increasing the rent. Failure to provide this notice allows tenants to file a complaint with the RDSC and request the cancellation of the rent increase.In summary, both landlords and tenants in Dubai should be well-versed in their rights and responsibilities under the Rent Law. As a tenant, you possess the ability to contest inequitable rent hikes and shield yourself from unscrupulous landlords. IN CONCLUSION To sum up, Dubai has implemented rules and systems to safeguard tenants from unjust rental charges and create a rental market that is fair and equitable. It is important for tenants to understand their rights and the legal options they have to resolve any problems they encounter with their landlords. By being informed and taking appropriate action when necessary, you can ensure that your rental expenses remain fair and reasonable.For additional insights into Dubai's rent increase regulations and your tenant rights, we recommend visiting alketbilaw.com, a premier legal resource catering to individuals and businesses in the UAEALKETBI TOUCH: Our team has excelled in providing accurate advice and supported individuals and businesses in the UAE to win their real estate rental cases and dispute. Should you believe that you have been mistreated by your landlord, we will happy to assist, let us know.
The Internet has played a transformative role with which Cybercrime has escalated worldwide and in the UAE. The UAE Regulator has edified robust Cybercrime Regulations for enhanced Online SecurityThe digital age has heralded remarkable advancements in global connectivity and communication. However, it has also ushered in a new era of heightened cyber threats and criminal activities. In the UAE, cybercrime has witnessed a notable surge in recent years, prompting the enactment of stringent cybercrime regulations. Cybercrime penalties are actually one of the harshest in the UAE. Dubai: Understanding the complexities of these laws has become vital, not only for safeguarding one's online reputation but also for avoiding potential legal repercussions. In this digital landscape, staying informed and compliant with cybercrime regulations is essential for individuals and businesses alike.The UAE's national cybercrime legislation, which had remained largely unchanged since its last update in 2012, has undergone a significant transformation. This change is part of the country's broader legal reform initiative and has been realized through Federal Decree-Law No. 34 of 2021, focused on combating rumors and cybercrime. In the UAE, cyber safety and digital security hold significant importance. The country is safeguarding its people and enhancing trust in the digital realm. The implementation of Federal Decree Law No. 34 of 2021, which addresses rumors and cybercrimes, came into force on January 2, 2022. The UAE's new Cybercrimes Law, enacted in 2021, stands as a formidable shield against a spectrum of cyber threats. This comprehensive legislation is designed to ensure a secure digital environment and encompasses stringent regulations governing various aspects of cyber activity. Let's delve into key provisions aimed at combatting cybercrime:•Cryptocurrency Regulation: Article 48 of the law places stringent restrictions on the advertisement, promotion, or dealings involving virtual or crypto-currencies not officially recognized in the UAE or without proper licensing. Violators face imprisonment and fines ranging from AED 20,000 to AED 500,000. Stay informed about UAE cryptocurrency regulations to protect your financial interests.•E-Robot Transmission: Article 54 targets the creation or alteration of e-robots for disseminating false news within the country. Convictions under this article may result in imprisonment for up to 2 years and fines of up to AED 1 million. Be aware of UAE laws concerning e-robots and the consequences of spreading fake data.•Online Threats and Blackmail: Article 42/1 criminalizes online threats designed to coerce individuals into specific actions. Penalties include imprisonment for up to 2 years and fines ranging from AED 250,000 to AED 500,000. Additionally, Article 42 outlines that threats coupled with explicit or implied requests for actions may result in provisional imprisonment for up to 10 years. Familiarize yourself with UAE regulations on online threats to avoid legal trouble.•Breach of Privacy: Article 44 addresses privacy violations, penalizing those who infringe upon an individual's private or family life without consent. The punishment includes detention for no less than 6 months and fines between AED 150,000 and AED 500,000. Learn about UAE privacy laws and respect individuals' privacy to steer clear of legal issues.Furthermore, Article 44 covers actions like eavesdropping, intercepting, recording, or disclosing conversations and images, as well as spreading harmful content, even if accurate. Unauthorized publication of photographs, especially of accident victims, is also deemed an offense, along with the unlawful acquisition and disclosure of geographical data.To gain a comprehensive understanding of UAE cybercrime laws and ensure your compliance, valuable resources are available online. The Federal Authority for Identity and Citizenship offers information on these laws and provides a platform for reporting cybercrimes. HOW TO REPORT A CYBERCRIME IN THE UAE?The cybercrime in the UAE had been seeing a growing trend. Keeping that in mind the UAE government had issued advisories and have developed some software where people who have been a victim of some online crime may report them. The table below indicates the reporting method and its description. To report cybercrimes in the UAE, there are a few options available: Three options mainly.•Firstly, you can make use of the 'My Safe Society' app, which was launched by the federal Public Prosecution. This app can be found on iTunes. •Secondly, report the cybercrime directly to the nearest police station in your area. In case of immediate assistance, you can call 999. •Thirdly, if you come across any prohibited content, you can report it to the Internet Service Providers in the UAE.IN CONCLUSIONThe UAE's rigorous anti-cybercrime framework, exemplified by the 2021 Cybercrimes Law, underscores the country's and it Regulator’s commitment to maintain a secure digital landscape. Staying informed about these laws is crucial for avoiding legal repercussions and safeguarding your online reputation. Seek professional legal guidance if you are confronted with cybercrime allegations and promptly report any cybercrimes to aid in the fight against this evolving threat.ALKETBI TOUCH: Our team frequently extends its legal expertise and advice on cybercrime law and assist individuals and corporates whether facing cybercrime charges or wanting to report and file against cybercrimes committed against them. Let us know and we are sure to support you.
Previously unmarried couples living together faced many restrictions if residing in the UAE. The revised UAE Penal Code for Non-Muslims has now changed and made it a point to improve the living standards of its residents and tourists. Dubai: The UAE government has announced new status law for Non-Muslims whereby Unmarried couples are now permitted to cohabit in the UAE. The changes include laws related to decriminalized consensual relationships outside of marriage, added provisions for unmarried parenting, and broadened the scope of rape charges. Although prosecutions were uncommon, the law has been relaxed to allow roommates and couples to legally share a home. The new law is UAE's most significant set of legislative changes, that intends to boost women's and domestic workers' protections while promoting social cohesion public safety.In the past years unmarried couples were even denied accommodation in one hotel room or long-term apartment rent. However due to the economic boom and the vast number of western tourists and expats living in the country, it was taken into consideration their habits and therefore laws were passed to ensure that the UAE residents are living in it while still preserving their habits. It is however clear that respecting the local customs and laws regardless is still a must and any failure to do so may generate into more serious consequences. Display of public affection in any public place such as a shopping centre, restaurant or beach.Previously, under Federal Law No. 3 of 1987, living with an unmarried partner was punishable by a year in prison. Amendments to the Federal Decree-Law No. 15 of 2020 announced last year decriminalized consensual relationships between unmarried couples. The new law further highlights that consensual premarital sex is no more prosecuted as it is now decriminalized, unless one of the partners (man or woman) is a minor less than fourteen (14) years old or if the partner is too young to take independently its decision or suffers from mental illness and retardation. The unmarried couple could not have children previously and if a woman was pregnant outside wedlock, this would be considered a crime with jail term and deportation for foreign females. At the time a woman falls pregnant and without any tergiversation when the doctor asks for a marriage certificate and there is none, the police was informed. Unmarried couples over 18 years of age can only face up to six months in jail under the new Law if a complaint is filed by either party's wife, husband, or custodian. However, if the spouse or guardian decides to withdraw the charges, the case will be postponed or dismissed. This was not the case as per the old statue. It stated that if the consenting intercourse included a victim under 18 years of age, the criminal faces sexual molestation charges, which are penalized by temporary jail. Presently, any sexual relation is allowed out of wedlock in the UAE, and medical assistance will be provided for these women who are pregnant without being married, until the time the baby is borne. In the event the woman is still wanting to stay in the UAE, she will have to be married at the time she is giving birth. One of the significant amendments to the New Penal Code, which takes effect on January 2, 2022, includes significant revisions to Federal Law No. 3 of 1987. One most crucial change is the increase of the legal age of puberty from 14 to 18 years, which implies that victims of rape, sexual molestation, or consensual sex under 18 years are classed as minors under the new Penal Code. Furthermore, raping a woman now carries a life sentence under the new Law. If one of the following four conditions are met, the penalty is increased to capital punishment. The four conditions include; if the victim was less than the age of eighteen (18); if, for whatever reason, the sufferer was unconscious; if the victim was incapacitated or otherwise unable to resist; if the criminal is a member of the victim’s family or caretaker or an employer with power over a woman or domestic assistant. In conclusionAny heterosexual couple, or opposite sex people, can live together in the UAE, yet it falls under some conditions such as: the man or woman should not be married outside and cohabiting with each other, as this situation is seen as adultery and treason standing in violation of the law and will be classified as a crime. In ConclusionThe legislator provided the above as the only relaxation in the rules whereby the unmarried couple yet cohabiting together cannot apply for residency visa together or to sponsor each other as the relationship is not official. The UAE offers wife and husband residence visa only. ALKETBI TOUCH:Our team frequently provides legal assistance and advice on all regulations, and UAE legal procedures in the event you need to have a deeper understanding and chat about related matters, let us know Schedule a consultation for all your legal challenges.
In a significant move to streamline labor dispute resolution in the United Arab Emirates (UAE), the government has introduced important amendments to Federal Decree-Law No. (33) of 2021 on the Regulation of Labor Relations. Dubai: These changes, as outlined in Federal Decree-Law No. (20) of 2023, bring about a more efficient and accessible mechanism for addressing disputes between employers and workers. This article delves into the key modifications and their implications for the labor landscape in the UAE.AMENDMENTS TO INDIVIDUAL LABOUR DISPUTES- ARTICLE 54The cornerstone of these amendments is the transformation of Article 54, which governs the resolution of disputes between employers and workers. The revisions aim to expedite the resolution process while ensuring fairness and transparency.Filing Disputes: Under the new provisions, in the event of a dispute, the concerned party must file an application with the Ministry of Human Resources & Emiratization (MOHRE). The MOHRE is tasked with assessing the application and taking the necessary steps to facilitate an amicable settlement.Threshold for MOHRE Resolution: Notably, the MOHRE now has the authority to issue a final decision on disputes when the claimed amount is less than AED 50,000. This development marks a crucial shift, allowing for swift resolution of smaller disputes without the need for prolonged legal proceedings.Executive Deed: In cases where the MOHRE has the jurisdiction to resolve the dispute, its decision is given the status of an executive deed. This provides the decision with legal weight and ensures that it can be enforced promptly. Any party not satisfied with the MOHRE's decision can seek recourse through the legal system within fifteen working days.Referral to Competent Court: For disputes exceeding AED 50,000 or involving non-compliance with previous MOHRE decisions, the MOHRE will refer the matter to the competent court. This referral is accompanied by a memorandum detailing the dispute, arguments of the involved parties, and MOHRE's recommendations.Payment of Wages: To safeguard workers' interests, the MOHRE may require employers to continue paying workers' wages for a maximum of two months during the dispute. This measure helps prevent financial hardship for employees.Preventive Measures: The amendments also grant the MOHRE the authority to impose administrative procedures or measures on employers to avert the escalation of individual disputes into collective labor disputes, which could harm the public interest.IN CONCLUSIONThe UAE's amendments to Federal Decree-Law No. (33) of 2021 signal a significant leap forward in labor dispute resolution. By introducing a threshold for MOHRE resolution, promoting swift amicable settlements, and enforcing timely legal action for larger disputes, the government aims to enhance the overall efficiency and fairness of the labor relations framework. These changes, effective from January 1, 2024, underline the UAE's commitment to maintaining a robust and equitable labor market for both employers and workers.ALKETBI TOUCH: Our team frequently extends its legal expertise and advice on labor related matter to both employees and employers. In the event you have any queries or want to receive further information, let us know and we are sure to support you.
A positive development for the UAE arbitration community has emerged lately as the legal framework is set to enforce foreign and domestic arbitral awards in the UAE. We highlight herein the grounds to accept or refuse enforcement of foreign arbitral awards, and the related approach as followed by the Courts in the country to enforce against assets in the mainland in light of the UAE Arbitration Law and the Cabinet Decision.Dubai: The United Arab Emirates (UAE) boasts several jurisdictions that recognize and enforce arbitral awards, each operating under distinct legal frameworks and procedures. The primary legislation governing arbitral proceedings and the enforcement of domestic arbitral awards in the UAE is the UAE Federal Arbitration Law no. 6 of 2018, issued on May 15, 2018, commonly referred to as the "Arbitration Law." While this law introduced significant changes in the enforcement of domestic arbitral awards, it remained silent on the process for foreign arbitral awards.To address this gap, the UAE enacted Federal Decree-Law No.42 of 2022 on October 3, 2022, to provide clearer guidelines for the enforcement of foreign arbitral awards. Consequently, the UAE now operates under two distinct regimes for the recognition and enforcement of arbitral awards: one for domestic awards and another for foreign awards.The UAE is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, with 158 countries. Under this Convention, signatory countries recognize and enforce arbitral awards issued by other Convention signatories in accordance with their respective rules and procedures for recognizing and enforcing foreign arbitral awards. Therefore, any award from International Arbitration Centre is recognized and enforceable in the UAE, subject to UAE rules on foreign arbitral awards.In this article, we will delve into the key procedures outlined in the Federal Law for enforcing foreign arbitral awards within the UAE.PROCEDURE FOR RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS:The process for executing a foreign arbitral award is detailed in Article 222 of Federal Decree-Law number 42/2022, and it unfolds as follows:1. A petition for enforcement must be filed with the Court of Execution where execution is being pursued.2. The execution judge is required to issue an order within a maximum of five (5) days from the date of filing.3. The order issued by the execution judge is subject to standard judicial appeal processes.The execution judge will only grant an order of execution after ensuring that specific conditions are met, mirroring those outlined in the New York Convention:The UAE courts lack exclusive jurisdiction to review the merits of the award, and the tribunal that issued the award had jurisdiction in accordance with their law regarding international judicial jurisdiction.The award or order was issued by a court or tribunal with proper jurisdiction as per the laws of the country where it originated.The parties involved in the case leading to the foreign award were properly summoned and represented.The award or order holds the status of res judicata under the law of the issuing court or tribunal.The award does not contradict any judgment or order already issued by a UAE court and does not breach UAE public policy. The scope of public policy is broad, encompassing matters such as the improper placement or absence of arbitrators' signatures in the foreign arbitral award.Parties dissatisfied with the initial application outcome have the option to appeal the Execution Court's decision within 30 days, directing their appeal to the competent Court of Appeal.It's essential to note that the aforementioned process took effect only on January 2nd, 2023, with the aim of streamlining the execution process. However, since this is a relatively new procedure, it hasn't been extensively tested by the courts, leading to some degree of judicial uncertainty.DOCUMENTS AND INFORMATION REQUIRED FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN ARBITRAL AWARD:The original arbitral award.A copy of the arbitration agreement. In cases where the agreement to arbitrate is within a contractual clause, the entire contract is needed.An Arabic translation of the arbitral award, duly attested by a competent authority, if the award is not issued in Arabic.Evidence of serving the final arbitral award to the parties following its issuance date.CONCLUSION:In summary, the new regime established by the Federal Law presents a more streamlined approach to enforcement, closely resembling the enforcement of local court judgments. However, given that both regimes are relatively new, there remains some ambiguity concerning the courts' interpretation and application of the new procedures.ALKETBI TOUCH: ALKETBI team frequently provides legal assistance and advice on issues pertaining to arbitration and enforcement of domestic and foreign arbitral awards, should you have further questions and or believe you require a consultation regarding a related matter, let us know.
Receiving a cheque in the UAE is part of the day to day business and many transactions still require cheques Dubai: The Regulatory Authority in the UAE has taken into consideration the importance of the cheques in the daily lives of the residents and has addressed this issue by constantly updating the penal code and the civil code. 1 -What is considered as a cheque in the UAE?? In accordance with Article 627 of the Commercial Transactions Law: A cheque is a written instruction from an account holder to their bank to pay a certain amount of money to a named individual or organization. A cheque guarantees the payment to the payee and is a legally enforceable instrument. When you receive a cheque form its owner but it bounces due to different or improper signature, it could be due to two reasons: 1. the erroneous signature was made in good faith and the issuer is willing to rectify the error, a resolution can be reached amicably without resorting to legal measures. 2. the incorrect signature was deliberately or maliciously affixed, in such a case a legal action can be pursued to recover the owed amount. The second scenario is an infringement of the commercial transactions law- Federal Decree No. 50/2022.This law governs the provisions of the cheques in the UAE. 2 – When is a cheque considered as bounced cheque in the UAE? In accordance with UAE regulations, a cheque is considered bounced or dishonored under the following circumstances: 1. Insufficient funds equivalent to or greater than the cheque amount on the day of issuance. 2. Inaccurate or mismatched signatures, missing or erroneous dates, or overwriting on the cheque. 3. Closure of the bank account prior to cheque issuance. 4. The issuer's directive to the bank not to honor the cheque.3 – How to handle a cheque with a signature mismatch or complete wrong signature when given by its owner? The first step is to call the issuer and explain the cheque you received has a wrong signature as per the bank report and that you were not able to cash out the amount. Giving the issuer the benefit of the doubt is the right thing to do as probably the mistake happened unwillingly, it will be best to resolve the issue amicably instead of pressing legal actions. The issuer can directly palliate to your request by either issuing a new cheque or by calling his bank. In the event the issuer declines your calls constantly for more than three days in a row, you will understand that he had acted with bad intention to fraudulently induce you into believing he could honor his order then we advise you to file a complaint before the police station for fraud and initiate a civil case against the issuer. The process timeline is defined by the courts findings as the court will verify the signature following which a judgment will be issued. When a cheque is dishonored, you should seek a solution in a fast manner, as you may be facing many challenges if you take time to react or to decide upon the next actions, as the issuer may runaway and totally disconnect. 4 – What is the punishment for signing a check improperly and dishonoring it in the UAE? The incorrect signature of a cheque when prematurely decided and done intentionally is decided under the article 675 of the commercial Law. The penalty is imprisonment for a period not less than 6 months that can reach two years at maximum. Otherwise a fine can be paid and it will be valued minimum at ten per cent (10%) of the cheque value, for a minimum of AED5,000. In light of the above, it is clear that although a law decriminalizing the cheques bounced was issued, yet some cases are retained whereby the issuer of a cheque will be facing severe criminal and civil consequences of his acts when wrongdoing is done intentionally. Protecting your interests fall largely on you, therefore try to keep your dealings under the Law cover and abide by it as it protects you, even if the amendments made to the law aimed at providing more flexibility to the practicality of cheque dealing. ALKETBI TOUCH: Our team frequently provides legal assistance and advice on all matters related to financial cases especially cheque bounced cases whether on the criminal or civil fronts, in the event you are facing related issues, let us know.
Dubai: The UAE government has announced several federal rules for healthcare professionals in an effort to control their practice locally and create a national medical registration. The government also adopted legislation governing veterinary medicine and private healthcare institutions. Additionally, any individual who practices in the UAE without a license will face severe penalties under the law. The new laws highlight the following:· Regulating the practice of healthcare professions, including: nursing, medical laboratories, medical physics, functional therapy, physiotherapy, aesthetics, anesthesia, audiology, and radiology.· Aggravating penalties for healthcare workers who practice the profession without obtaining a license and do not meet the requirements.· The law refers to a number of medical ethics and professional conducts for healthcare professionals.· Updating disciplinary sanctions according to the violations committed with the continuity of the operation of private health facilities.· Establishing a national registry for licensed healthcare professionals in the country. · Allowing foreign entrepreneurs and businesses to invest in veterinary sector through establishing and owning veterinary facilities.The Key Highlights of the New UAE Healthcare RegulationsRegulation of Diverse Healthcare Sectors: A broad range of health specialties is covered by the updated laws, including nursing, medical physics, medical laboratory, occupational therapy, physiotherapy, cosmetology, anesthesia, audiology, and medical radiography. With this all-encompassing strategy, the health industry is guaranteed to adhere to the same strict standards of expertise and ethics.Penalties for Unlicensed Practice have risen: The law imposes severe penalties if someone makes fraudulent claims to be a licensed professional- through leaflets, signs, or any other method - intending to mislead the public. Penalties include possible imprisonment and fines between Dh50,000 and Dh100,000.Offenders risk having their licenses revoked, being struck from the professional registry, and having their business maybe shut down. Individuals who meet the requirements for a health profession license but nonetheless practice or advertise service without the legal authorization risk fines between Dh10,000 and Dh100,000. The involved establishment may be closed down by the court. Healthcare professionals with licenses issued prior to the new regulations must amend their status within the term of their license or within six months of the law’s effective date.Sustaining Guidelines for Conduct: The importance of professional conduct among non-physician health workers is emphasized by the new legislation. These recommendations cover a range of disciplines and emphasize the need of upholding moral principles and patient confidentiality. Professionals are expected to keep up with the local and federal laws, pursue personal and professional growth, and treat all patients with dignity.Modifications to Disciplinary Measures: The regulations updated the disciplinary sanctions and line them with the gravity of the infractions. The laws also cover the ongoing operation of private healthcare facilities, which must constantly offer their patients high-quality medical care.Establishment of a National Registry: The establishment of a national registry that gathers data on qualified healthcare providers nationwide is a significant development. This consolidated database simplifies the process of confirming experts’ qualifications and guarantees the openness and reliability of the healthcare workforce.Veterinary Sector Foreign Investment Development: By enabling business owners and foreign investors to create and own veterinary clinics in the UAE, the new legislation demonstrates an innovative mindset. This decision is expected to increase the amount of foreign capital entering the veterinary industry, fostering its expansion and growth. The government’s dedication to guaranteeing high ethical and professional standards among practitioners is highlighted by the UAE’s amended rules on the health professions and the veterinary industry. These modifications aim to protect public health and raise the standard of healthcare provided across the country by toughening sanctions for unlicensed practice and emphasizing upholding honesty.ALKETBI TOUCH: Our team frequently provides legal assistance and advice on all regulations, and UAE legal procedures in the event you need to have a deeper understanding and chat about related matters, let us know
Federal Decree-Law No. 38/2022 On the Issuance of the Criminal Procedure Law Criminal Procedural Code (New Law) abrogated the federal law no. 35/1992(Old Law) the criminal procedural law as well as the federal law no. 5/2017 on the use of telecommunication in criminal proceedings. The New Law came into effect on 1st March 2023. Following are the Major Changes in the Law: Issuing travel ban during the investigation:Under the New Law, Public Prosecution during their investigation can issue a Travel Ban against the defendant. Appealing decisions on extension of detention during investigation:The New Law provides the defendant with option to appeal the extension of their detention. Confiscation of funds and preventing its disposalThe public prosecutor or the court may take Precautionary measures to track suspicious funds and prevent to dispose them. This section also provides that a person can also file grievance against such measure of the public prosecutor or the court. It further mentions that these precautionary measures will end once the judgment is issued. Changing or replacing the condition of the bail or canceling itThe Public Prosecution member may change or replace the condition of the bail or cancel it, or order his detention or continuation of detention from the date of issuance of the release order pending the bail if providing personal or financial bail is not possible. Minor Felony CourtThe New Law has introduced a New Minor Felony Court that shall comprise of a single judge and have jurisdiction over felonies punishable by temporary imprisonment. Penal MediationThis New Law has It also introduced provisions for confidentiality of the Mediation as well as rejection or dismissal of the mediator. Criminal SettlementThis Law has also introduced the provisions for criminal settlement and the penalties that can be imposed in case of settlement. However in case Qisas, Diya, Crimes against juveniles cannot be settled. And in case of Felonies only the felonies punishable by temporary imprisonment and those that are indiscriminately related to misdemeanor can be settled Use of Electronic TechnologyThe New Law provides that remote communication technology can be used during Judicial and crime investigation, gathering evidence and by public prosecutions and the court. And also gives electronic signatures the same binding force as signatures. Changes in the Limits Changes in the Fine
Call us Today