Procedures of the UAE to deliver a suspect of Extradition 1. If there is a convention between UAE and another country for extradition, this will take priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced. Therefore, the procedures of extradition are […]
Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started. Moreover, the role of the prosecution is to […]
The public prosecutor charges the accused with theft. The exception to this rule ids situation where theft is committed between siblings, parents and children or spouses, and no third party rights accrue in which case the public prosecutor only charges the accused on the complaint of the other party. However, if the crime of theft […]
Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark. UAE Trademarks law and Courts’ […]
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code. Theft can only be committed on real movable property, which has value, monetary or otherwise, that belongs to another. Property is defined in the Civil Transactions Law of the UAE as […]
Briefly summarize the position in your jurisdiction. The UAE is not a signatory to the Hague Convention. Within UAE laws, there are no statutory provisions specifically dealing with child abduction. Leave to Remove/ Applications to take a child out of the jurisdiction Summarize the position in your jurisdiction Post divorce, if the custodian of the […]
Briefly summarize the non court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration. In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee […]
As per the arbitration and civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. The Terms of Reference is a document used within international arbitration law. Its main purpose is to ensure the fast and efficient progress of arbitration proceedings. The agreement is drawn and signed by mutual […]
1. Sources of Law 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and […]
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE […]
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE […]
For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage between the parties. The divorce can be commenced by the husband, or by the wife if her husband gave her the right to do so (Isma’) in the marriage contract. If the wife is not given the right to divorce […]