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Search Results - Hassan Elhais

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Showing 1 to 25 of 96 Articles matching 'Hassan Elhais' in related articles.
Pages: 1 | 2 | 3 | 4 | Next >>

1. Bail Procedure
April 25, 2017

I selected Bail procedure as the topic of my current article as it is usually amongst the chief concerns of all our clients. They want their lawyer to get their family members or friends released on bail as soon as possible. As it was indicated before, through this article, I will further clarify the arrest warrant procedures and pretrial imprisonment order procedures. I will also simplify the matter of provisional release until the investigation is completed, which is commonly known as Bail. Generally, the law gives the Public Prosecution the right to provisionally release the accus... (read more)

Author: Hassan Elhais

2. Can Victims Claim Compensation?
March 30, 2017

Many people often feel offended when they are charged with a Criminal case, such as for financial crimes, physical violence, cyber crimes and so on. Some individuals think that they will receive compensation if they file a criminal case against the accused. However, that is not the case. In criminal cases the accused, if the guilt is proven, receives punishment accordingly. Even if the criminal court decides to fine the accused, the fine is payable to the court, not the victim. The victim will still have to file a separate case for claiming compensation from the accused. As people often get co... (read more)

Author: Hassan Elhais

3. Referral After Completion of Investigation
March 28, 2017

After the investigation process in the public prosecution is completed, if the General Attorney decides to transfer the case to Criminal Courts by issuing referral order, attendance of the accused becomes mandatory in the criminal court proceedings. However, he has to be given an advanced notice of 3 days before the hearing date, if the crime is a misdemeanor. The period has to be 10 days if the crime is a Felony. The court notice has to indicate what the charges are and what the penalties are. Such notice of referral of the case to the court has to be delivered to the accused person... (read more)

Author: Hassan Elhais

4. Rules and Regulations Followed in Criminal Cases
March 12, 2017

It is important for any accused in any criminal case to understand what his rights are in criminal sessions and to be able to at least imagine how things might work in such sessions or how the law is organized. That is why, I felt it was important to draft this article on the basis of the Criminal Procedures Law, Federal Law No. (35) Of 1992 and its amendments. In general, attendance of the accused is mandatory in the criminal cases unless the expected sentence of the crime does not include jail or deportation and is only limited to fines. The second scenario where the accused does n... (read more)

Author: Hassan Elhais

5. Witness Hearing Before the Criminal Courts
March 08, 2017

The witnesses have to be invited to attend the hearing on the basis of a request from one of the parties. After the approval of the court. The official notice will have to be sent at least 1 day before the hearing date. Although the parties to the case have the right to bring their witnesses without prior notice, however that would still be subjected to getting the court’s approval. If the court requests to hear the statement of one of the witnesses, it has the right to ensure their attendance by issuing a warrant order, if the court finds it to be necessary. The court has another di... (read more)

Author: Hassan Elhais

6. Why Setup A Freezone Company in the UAE
November 01, 2016

Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Dubai has over ten freezones, which provide international investors with the opportunity to expand into the Middle-East and beyond. With a wide range of options available for freezone company incorporation, you can select one which reflects the nature of your business. Whether it is the location, the brand or the facilities of the freezone which attract you, you can find the best solutions based on your ... (read more)

Author: Hassan Elhais

7. Family Court Process
October 27, 2016

1. Statement of Claim The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the parties, the location, and addresses of the parties along with their phone numbers, the legal grounds for the claim and the request and demand of the claimant. The statement of claim is a summary of the facts and leads the way further into the process. 2. Submitting the Claim The statement of Claim is submitted to the Family Court via an online system. After the claim ... (read more)

Author: Hassan Elhais

8. The Legal Do's and Don'ts of Property Purchase
October 19, 2016

The conventional wisdom about the UAE is that it was built on oil first and property second. The country's most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn't added to the pack, which combined gives Dubai the tittle of the world's tallest city. But the economic bounty that property has brought to the country has a fraught history, with the rapid pace of development leading to a burst property bubble during the recession years. Big lessons were learned as a result of t... (read more)

Author: Hassan Elhais

9. Business Laws & Regulations in Dubai, UAE
October 03, 2016

With its stellar growth, Dubai has been known for alluring every business opportunists due its efficient licensing rules, infrastructure, and ease of work. In a survey "the World Bank's Ease of Doing Business Survey for 2014," the Emirate has been indicated as the easiest places to do business. If you're an expat and looking to begin a new business, you need to be informed about the business law and regulations. If you aren't aware, you can seek the help of lawyers and legal advisors in Dubai. We have some of the crucial and fundamental rules of business laws in Dubai: If you're an expatr... (read more)

Author: Hassan Elhais

10. Application of Home Country Inheritance Law
September 01, 2016

The Personal Status Law provides in Art. 1(2) the general rule that" the provisions of this law shall apply to non-UAE nationals" and the exception that "unless the foreigner elects to apply his or her personal status law". The procedure for requesting the application of the home country law is for parties to bring the full law translated to Arabic and authenticated by the consulate and other official bodies as may be required by the courts. Sometimes the courts are faced with the party only providing the provisions favorable to them and not the rest of the provisions of the law. The... (read more)

Author: Hassan Elhais

11. Responsibilities of the Limited Liability Company's Manager
May 29, 2016

In a limited liability company the manger can be appointed in the company’s memorandum of association or in a separate agreement. His appointment can be for a limited period or an unlimited period. It can also be stated in the memorandum of association that the manager cannot be dismissed. In the later case, the manager can only be dismissed by the full majority of the shareholders’ votes. The manager has the right to take any action in the best interest of the company, unless there were restrictions by law, whereby the manager has no right to sell the company’s sole properties without being d... (read more)

Author: Hassan Elhais

12. Should an arbitrator sign on all pages of the arbitration award?
April 24, 2016

Legal Rule Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on the last page alone of the award shall suffice provided the last page contains a part of the reasoning of the award. The significance of the rule is that by countersigning on all pages of the final award the arbitrator(s) provide conclusive evidence that the award has been issued by the arbitrator(s). However, if the last page includes part of the reasoning behind the ... (read more)

Author: Hassan Elhais

13. Judgment in Maritime Arbitration Matter
April 22, 2016

Legal Principle Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charterparty which may include an arbitration clause. The reference to arbitration shall be clear and unambiguous. If arbitration clause so contained covers and may be used to settle the dispute in question it shall be interpreted that it was the parties' intent to refer such disputes to arbitration. Facts The claimant in the said case is an insurance company. The owner of goods to be transported had entered into a contract with the sh... (read more)

Author: Hassan Elhais

14. Arbitration: Annulment Covers Everything
April 21, 2016

Legal Principle In case of annulment of contract containing an arbitration clause the annulment shall extend to all clauses of the contract including the arbitration clause. Facts The plaintiff in the case requested annulment of the contract including its liability to finance and develop building and to take rental value of building for thirty years. The plaintiff submitted that the request for annulment of contract was made because the manager of the defendant who had signed the contract did not have the power/authority to enter into such contracts. The plaintiff also subm... (read more)

Author: Hassan Elhais

15. Arbitration: The Right To Waive
April 21, 2016

Legal Principle The waiver of a right to refer a dispute to arbitration could be express or implied. However such a waiver has to be clear and unambiguous so as to avoid doubts about the intent of the party to wave the right. Facts of the case The claimant in this case was a Real Estate company in Dubai. The claimant filed a case in the court against the Respondent who is also a real estate company to direct the respondent to provide account statements of all collections made from the sale and re-sale process of real estate units. The statements were to also indicate the commiss... (read more)

Author: Hassan Elhais

16. Which assets can be taken through arrest?
April 19, 2016

Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs. However, if the dispute relates to ownership, mortgage, possession or profits resulting from use of the vessel the no further arrest of vessels can be made. The FML also accepts any debts that confer priority rights against a vessel, including judicial costs in the sale or protection of a vessel, port dues, claims for salvage, collisions or assistance or hull insurance among others. The sale of the vessel i... (read more)

Author: Hassan Elhais

17. Arbitration: A Challenging Issue
April 19, 2016

Legal Rule By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are going on, until a resolution has been made on the challenge which was has been raised by such party by an authority or court of law which has the right to rule on such a point. If the arbitrator continues with the arbitration processes despite such a challenge raised by a party or after knowing that such a challenge exists, any actions or decisions made by him pursuant ... (read more)

Author: Hassan Elhais

18. Cheques in the United Arab Emirates
April 19, 2016

Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime. However, some requirements must be found in a cheque in order to gain the penal law's protection. Those requirements are: 1- the word cheque must be stated clearly in it, 2- states a specific amount, 3- has drawee's name, 4- has the beneficiary's name, 5- states the place of payment, 6- states the cheque's date, 7- has the drawer's name, 8- the drawer's signature. ... (read more)

Author: Hassan Elhais

19. Five Points You Should Know About the Cheque
April 19, 2016

1) If the drawer signed a cheque and left it blank, then he is legally authorizing the beneficiary to fill it. Whereby in such case the beneficiary can write any amount he desires on it in addition to its due date, without being challenged by the drawer. 2) Bounce cheque crime can take place in one of the following forms: There were not enough funds in the account, the drawer closed his bank account, the drawer issued an order to the bank to not pay the cheque's amount without a legal stands, and the drawer attempted any act that shall make the cheque invalid. 3) In case of companies... (read more)

Author: Hassan Elhais

20. The law of arrest in UAE shipping matters
April 19, 2016

Home to one of the biggest ports in the world, the UAE is an integral shipping hub in the global trading ecosystem. While shipping law can be a complicated area of the legal framework given competing jurisdictions involved in the international arena, the UAE has its own laws with respect of sorting out maritime disputes. In the case of maritime debt, Law 26 of the UAE Federal Maritime Law (FML) allows for a right of arrest as a so-called "provisional relief". While a list of what constitutes a "maritime debt" can be found in Article 115 of the FML, there are a number of grounds that must ... (read more)

Author: Hassan Elhais

21. Traffic Offences in Dubai, United Arab Emirates
April 17, 2016

Know your rights: 5 criminal laws every Dubai expat should know. 1) It is a criminal offense to leave the scene of an accident, however minor. The criminal sanctions for leaving the scene of an accident in which a person was injured are more severe (imprisonment and/or a minimum fine of 25,000 AED). 2) It is a criminal offense to drive a car with any alcohol in your system, regardless of whether the alcohol was consumed legally or not. According to UAE law there is zero tolerance to drink while driving. 3) It is a criminal offense to drive without valid driver’s liability insura... (read more)

Author: Hassan Elhais

22. Child Custody Law in the United Arab Emirates
April 17, 2016

Hassan Elhais, along with his team of prominent lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.">The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection of its inhabitants.... (read more)

Author: Hassan Elhais

23. Case Study in the United Arab Emirates
April 17, 2016

Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court's discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court. The couple had a daughter together, and they decided to write up an agreement that gave the mother custody of the girl until she reached the age of ... (read more)

Author: Hassan Elhais

24. Arbtration - Does Signed Mean Sealed
April 16, 2016

Legal Principle Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is representing through a private power of attorney to sign such a contract to arbitrate. However, if a party signed on an arbitration agreement without having authorization to do so and the principal who was represented by such signing party later accepted such signature or action taken by the representative, even if at a later date, then such signature shall b... (read more)

Author: Hassan Elhais

25. Arbitration procedures presumed to be complied with by all parties Cassation 270 2011 Civil
April 13, 2016

Legal Principle Under normal circumstances it is presumed that Arbitration procedures have been complied with by all concerned parties. The burden of proof to prove the contrary shall fall on the party claiming so. Adjudication on this issue shall be solely based the contents of the arbitration award and its details. Facts The claimant filed a civil case in court requesting to appoint an arbitrator to settle a dispute with the respondent in accordance with provisions of the share transfer contract they had entered into. The said contract provided that disputes arising from it sh... (read more)

Author: Hassan Elhais

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