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Frequently Asked questions

FAQ's

At Abdel Qadir Ismail & Associates, we understand that navigating legal matters can be complex. Our FAQ section is designed to provide clear, concise answers to the most common questions, ensuring you have the information you need to make informed decisions with confidence.

We specialize in a variety of legal fields, including corporate law, criminal defense, real estate, dispute resolution, immigration, and family law. Our comprehensive legal services are tailored to meet the needs of businesses and individuals.

You can schedule a consultation by contacting us directly via phone at +971 00021325, emailing us at info@innovexlawyer.com, or filling out the contact form on our website.

Yes, we have experience in handling international legal cases and collaborate with global law firms to meet the needs of our clients.

Our fees vary depending on the nature and complexity of the case. We ensure transparency by providing a detailed estimate during the initial consultation.

Absolutely. We offer end-to-end legal assistance for company formation, including documentation, licensing, and compliance with UAE regulations.

Our team is fluent in multiple languages, including English, Arabic, and others, ensuring clear and effective communication with clients from diverse backgrounds.

Yes, our experienced advocates are licensed to represent clients in all UAE courts, providing strong legal defense and advocacy.

We strictly adhere to confidentiality and privacy laws, ensuring all client information is secure and protected.

Yes, we specialize in arbitration and mediation to resolve disputes amicably and efficiently, saving time and costs for our clients.

Yes, we provide legal services for personal affairs, including divorce, child custody, inheritance, and other family-related issues.

The means of dispute resolution are multiple, for example, the use of courts and arbitration.
The UAE courts have two instances of litigation (first instance and appeal courts).

However, arbitration takes place on one instance only and litigants seek it for speedy settlement of the dispute and ensuring the judgment by an arbitrator specialized in the subject of dispute.

The parties of the dispute can specify the place to attend the hearings, the language of the arbitration proceedings, the different time periods and many procedures they agree upon to facilitate the resolution of the dispute.

Arbitration is done by an arbitrator or a tripartite arbitration committee, either through a specialized center (within one of the approved arbitration centers) or by external free arbitration.

After the arbitral judgment is issued, it shall be executed by the State Courts.

With issuance of Decree-Law No. 14 of 2022 applicable as from 2 January 2022, the crime of giving a cheque without balance was cancelled and the legislator dropped the penalty for this crime, which is the most common among the clients of the cheque.
But the punishment continued for the following crimes:

  • Giving a non-withdrawable check.
  • If the total amount is transferred or the account is closed before the cheque is issued.
  • Signing of the cheque with a non-conforming signature of the bank.
  • Issuing an order from the issuer of the check to the bank to stop cashing the check.

The new legislation introduced new ways of collecting the cheque; there’s now a partial collecting of cheque and opening a direct execution file against the source of the cheque. However, the law stipulated that the reason for the bank's refusal is absence of balance or insufficient balance only. Other than these cases, normal procedures are taken to claim the value of the cheque by referring a notice of payment and then issuing a performance order.

The UAE law regulates the reasons for dissolving and liquidating companies and determine the cases in which the company ends, the law differentiated between general cases and cases related to partners (of a personal nature). In the following, we will present these cases.

- General cases:

  • Expiry of the reason for which the company was established or the expiry of its term.
  • Partners' desire to dissolve the company.
  • Losing all capital.
  • Losing half of the capital in joint stock companies.
  • Integrating the company with another company.
  • Issuing a judgment of dissolution and liquidation.

Cases Related to Partners (of a Personal Nature):

  • Gathering of the partners’ shares with one partner.
  • Retreating of a partner if the company consists of two partners only.
  • Bankruptcy of a partner in a company consisting of two partners.
  • Death of a partner in a company consisting of two partners, and the heirs do not wish to continue in the company.
  • Imprisonment
  • Travel ban
  • Arresting and bringing the debtor
  • Reserving balances, bank accounts, deposits, and vehicles
  • Reserving the debtor's money with others
  • Reserving the trade license
  • Reserving land and property

The Federal Decree-Law on regulating labor relations in the private sector created three types of work: “part-time work,” “temporary work,” and “flexible work,” in addition to “remote work” and the previously existing types. The amendment also extended to include vacations. The new code introduced types of vacation such as mourning leave, parental leave, study leave, full-time leave to perform national and reserve service (for citizens), and maternity leave.

One of the most significant amendments in the new Labor Code is limiting the types of employment contracts to a fixed-term employment contract only and transforming all indefinite-term contracts into fixed-term contracts. Decree No. 14 of 2022 was also amended to allow the conclusion of fixed-term contracts for any term and to be renewable in accordance with the parties' agreement.

The trial period was also amended, requiring that it not exceed six (6) months. The law regulates cases of termination of work during the trial period. If the employer terminates the employee’s service during the trial period, the employer must notify the employee in writing at least fourteen (14) days prior to the termination date. Conversely, if the employee leaves the job during the trial period and wishes to move to another job, the employee must inform the employer in writing at least one (1) month prior to the intended termination date.

The termination of a contract was also amended regarding the leave period. Parties to a fixed-term contract can terminate the contract during the leave period, and the duration of the notice period agreed upon in the contract shall take effect starting the day following the employee's return from leave.

The new Labor Code permits an employee to be absent for an unpaid working day per week to search for another job if the employment contract is terminated by the employer. The employee must notify the employer at least three (3) days before the absence. If either party does not adhere to the notice period stipulated in the contract, they must pay the other party a compensation called “Notice Allowance.”

Arbitrary dismissal or compensation has also been amended in favor of the employee, with the legislator limiting it to only one case. The employer is obligated to pay fair compensation to the employee as estimated by the court. If the dismissal occurred because the employee filed a labor complaint, the compensation cannot exceed the employee’s salary for a period of three (3) months, calculated based on their last salary. This is in addition to the notice allowance and end-of-service gratuity.

The new labor law also approved exempting labor cases from judicial fees at all stages of litigation and execution for requests submitted by employees or their heirs, provided the claim does not exceed 100,000 AED.

  • As the relationship was regulated by a contract between the parties, the developer must execute the contract in good faith and fulfill all the requirements of the contract.

  • As the contract between the parties is binding on both parties, the developer may not unilaterally modify, terminate, or withdraw from the contract. The contract must be executed in accordance with all its terms.

  • Any breach by the developer requires compensation or termination and compensation, depending on the case and based on the buyer's damages, whether due to the developer's breach or unilateral termination of the contract.

  • If the sale is off-plan, the developer must register the sale in the initial register of the Land and Property Department.

  • The developer must complete the construction of the sold unit within the agreed timeframe and in accordance with the specifications detailed in the contract.

  • If payments are linked to the rate of project completion, the developer has no right to demand advance payments that exceed the actual completion percentage. The developer is considered negligent if they fail to achieve progress proportionate to the payments received.

  • Delays in construction or breaches of agreed-upon specifications allow the buyer to claim termination of the sale contract and seek compensation.

  • The sold unit’s area must not be less than 5% of the size agreed upon in the contract. If it is smaller, the buyer is entitled to compensation. Conversely, if the unit exceeds the agreed size, the developer has no right to claim additional charges.

  • The developer must provide the buyer with the original copy of the sales contract.

  • The developer must open an escrow account for the project and deposit all amounts received from buyers into this account. Funds from the escrow account may only be used for project-related expenses.

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