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Search Results - Legal Consultant

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Showing 1 to 25 of 38 Articles matching 'Legal Consultant' in related articles.
Pages: 1 | 2 | Next >>

1. Arresting Individuals
August 07, 2017

A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios. First is when the arrest order issued by Judicial Officers. The law provides the Judicial Officers with a discretionary power to order an arrest, for a maximum period of 48 hours in the following cases: 1. In crimes 2. While caught committing an offense in felonies that are not punished by fines. 3. In felonies that are not punished by fines if the accused is under investigation or it is probable that he may possibly escape. 4. In Felonies of fraud, th... (read more)

Author: Hassan Elhais

2. Arrest Order Issued by the Public Prosecution
August 02, 2017

Regardless of whether the Public Prosecution received the arrest order of the accused or not, the law gives them the right to issue their own arrest orders according to Article 101 of the Federal Law No. (35) Of 1992. Article 101 of the same law indicates that the arrest order by the Public Prosecution would indicate the name of the accused, along with his or her profession, residence, nationality, accusation and the date of when he has to see the Public Prosecution. This would have to be signed by the Public Prosecution member and stamped with the authorized seal. In most of these c... (read more)

Author: Hassan Elhais

3. 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

4. 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

5. Trust a Medical Legal Consultant to Handle Allergy Malpractice Cases
March 21, 2017

Once a physician is aware that a patient can suffer allergic reactions from certain drugs or medications, it is up to the doctor to avoid administering or prescribing these medications. If the doctor fails to act properly and is responsible for prescribing incorrect medications and the patient suffers an allergy attack as a result, the victim may need the services of a medical legal consultant to prove a case of malpractice. Allergic Reaction Signs There are many ways that a person can suffer an allergic reaction. People experience allergic reactions to particular chemicals, foods o... (read more)

Author: Kevin Smith

6. 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

7. 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

8. 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

9. Advantages of using online legal services: find the best solicitor
October 24, 2016

Nowadays, modern people are becoming more and more interested in having a comfortable lifestyle. This is the why it is more common for them to seek legal services on Internet whereas, years ago, the only way for doing this was by asking for a meeting with a legal consultant. There are a lot of reasons which determine people use online services, but some of the most popular are the situations when they want to start a new business, buy a new house or solve a dispute with a partner. Also, the services of immigration solicitors are considered extremely important by those who want to start a new l... (read more)

Author: Fabiola Groshan

10. 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

11. 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

12. 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

13. 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

14. 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

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. 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

22. 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

23. Annulment of award possible if procedures in arbitration contract or Terms of Reference not complie
April 12, 2016

Legal Principle A party to an arbitration contract have right to request annulment of arbitration award if arbitrator did not follow the procedures contained in the arbitration contract or the agreed terms of reference. Terms of reference Terms of reference is the agreement between the arbitrator(s) and the parties containing the rules applicable to arbitration, procedural time table, and the list of issues to be decided by the arbitration tribunal. Facts The claimant filed case in court requesting the ratification of a final arbitration award to enforce the respondent... (read more)

Author: Hassan Elhais

24. Annulment of award possible if based on invalid terms of reference or an arbitration agreement whic
April 10, 2016

Legal Principle It is possible to request annulment of arbitration award if it was based on invalid terms of reference or an agreement which has expired by time prescription as per article 216/A of the civil procedure law. Facts The claimant in the case filed a case in court requesting for the appointment of a single arbitrator in accordance with the contract he had entered into with the respondent. It was agreed between them that the claimant shall invest money in various commercial projects belonging to the respondent, and the profits arising from such investments shall be dis... (read more)

Author: Hassan Elhais

25. What Women Need When They Decide to get a Divorce
April 09, 2016

Most women seeking divorce have 3 priorities: 1. Divorce Certificate 2. Custody of the children 3. Maximum Financial support and settlement 1. Divorce: After the No Objection Certificate (NOC) is received from the Family Guidance Committee in order to file the case, the claimant can proceed to court. In court, the woman is usually asked to produce witnesses who can testify to the reasons she wants a divorce. The witnesses can be 2 men or 1 man and 2 women. These witnesses will have to explain to court that the woman is in an unhappy marriage due to such reasons and based on he... (read more)

Author: Hassan Elhais

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