In Dubai, as throughout the world, property law is a very complex area that is impacted by both local laws and practices as well as having aspects of international law as well. Hiring a property lawyer, particularly as a foreign investor or for a large-scale type of real estate or construction deal is always an important consideration. Continue reading “The Importance Of Hiring Property Lawyers In Dubai”
As in any other country in the world, the United Arab Emirates has laws that apply on a national level as well as laws that are specific to one Emirate. While there are many laws that are identical to other parts of the world, there are also laws that are unique to the UAE and may be very challenging for foreign visitor or resident to understand. Continue reading “Understanding The Role Of Criminal Lawyers In Dubai”
In Dubai, as throughout the world, property law is a very complex area that is impacted by both local laws and practices as well as having aspects of international law as well. Hiring a property lawyer, particularly as a foreign investor or for a large-scale type of real estate or construction deal is always an important consideration. Continue reading “The Importance Of Retaining Property Lawyers In Dubai”
The city of Sharjah is one of three cities that comprise the Dubai-Sharjah-Ajman metropolitan area. Located on the coast, it is also the capital of the Emirate of Sharjah and contributes about 7.4% of the total GDP for the UAE. Continue reading “Tips For Selecting Law Firms In Sharjah”
There are some professionals in any field that are a superior choice than others. In the field of law and legal representation, choosing a top lawyer is perhaps the most important decision that an individual, company or an entity can make. Failing to find a quality lawyer can result in complications in the legal process, loss of opportunity and potentially much more serious issues occurring that could have been prevented or mitigated with the right legal team in place. Continue reading “Why The Choice Of Lawyers In Dubai Matters”
Patent Registration in Dubai and UAE
Do you have a great business idea? Do you wish to protect your ideas? Did you know that many people think that it is possible to patent your idea? The fact, however, is that patents only protect inventions that are capable of industrial exploitation. Trade secrets and individual ideas cannot be protected under patent law.
Are you a new startup or have developed an interesting that will create a buzz in the community? Are you about to launch a digital platform for crowdsourcing, auctioning or similar other business? Are you being approached by sharks and investors desiring to invest in your business project in UAE? Do you wish to know or in fact, register patent in UAE?
Read this interesting article from our Lawyers in Dubai to understand more about patent registration in UAE. Continue reading more on patent law in UAE here.
A corporate lawyer is a legal professional specializing in business law. There are further specializations within the corporate law in Dubai as in other countries around the world. The larger international law firms tend to offer teams of lawyers that focus on different aspects of business law.
Some corporate lawyers will specialize in company formation and incorporation throughout the UAE as well as specifically in Dubai. These attorneys can work with UAE nationals, foreigners or those foreign business owners seeking to partner with a UAE sponsor in the formation of a mainland business.
In addition to company formation and incorporation, corporate lawyers can also work with established businesses in many different ways. They can provide legal assistance in business restructuring and organization as well as assist in mergers and acquisitions.
To understand the many roles and services that corporate lawyers in Dubai can provide for new or existing businesses, a closer look at the services offered will be helpful.
New Business Formation
The process of setting up a business in Dubai either in a free zone or as a mainland company is relatively streamlined and structured. However, there are specific steps and approvals that must be followed and obtained.
Specific documents and agreements have to be in place, including the selection of the type of business, the agreement with the sponsor (when applicable) as well as the approval of the business name. Additionally, in the UAE for free zone or mainland companies, the business must have a location prior to the license for the business being granted.
The corporate lawyer can provide guidance and oversight of the process for a free zone and a mainland company formation. They will also provide insight into the different choices and options available when setting up the business, explaining all benefits and possible challenges with each choice or option.
For foreign investors and business owners, using a Dubai-based corporate attorney will be critical. These legal professionals can assist in choosing the ideal business type and the best free zone based on the type of business and other qualifying factors.
For larger companies and entities with a board of directors or for organizations and agencies with shareholders and boards, having a corporate lawyer to consult with when drawing up policies, procedures and governance items will be critical.
There are many complex areas around corporate governance, both in the public and private sector. Meeting all legal requirements for setting up everything from a code of conduct to an ethics policy for the company needs to be done within the limits of the law.
In addition, drafting contracts and assisting in the development of corporate transactions and even establishing non-compete and disclosure policies are all important considerations that should be done by a corporate lawyer. When these issues are overlooked and not addressed there is an increased risk for the company should there be an issue with a disgruntled employee or other similar types of employment concerns.
Making a mistake on these types of governance documents can pose a risk to the company. It can also create internal disputes or other issues that can be costly and disruptive to attempt to resolve at a later date.
Employment law is another area where both corporate leaders and managers should look for advice and assistance from corporate lawyers. Avoiding common mistakes in the hiring, firing, and management of employees can prevent this issue from becoming legal issues that the company has to deal with at a later point in time.
International law firms are the ideal option when working with international vendors or suppliers or a UAE mainland or free zone company. This is a better option than a UAE-based company as the international experience allows the law firm to protect your business across the globe.
With more foreign businesses moving into Dubai, particularly as free zone companies, corporate lawyers are in demand for drafting international sales agreements and for managing agreements with international suppliers of raw materials for production and manufacturing companies in Dubai.
With this type of corporate law, it is essential that the lawyer not only understand the business law in the UAE but also on an international scope. There is no value in drafting an agreement that is void in another country due to specific language or clauses in the agreement.
Ideally, a business that is doing business with international buyers and sellers should look for a Dubai legal firm with offices, attorneys or presence in those countries. There are some top law firms in Dubai that have networks of highly trained attorneys in Europe, the UK, Singapore, Russia as well as across the Middle East and Asia. While business may not have transactions in all of these countries, the extensive experience and understanding of laws in these areas an always be helpful when the business grows and expands the market coverage.
The Issue of Specializations Within Corporate Law
Often the corporate lawyer will need to be very well versed in the industry as well. Large law firms in Dubai tend to have specialized teams that focus on legal matters within different sectors of business. These sectors can include construction, shipping, and marine, real estate, banking, financial sector business, technology, entertainment as well as the protection of intellectual property.
The more specialized the lawyer’s training and experienced, the better suited they are for providing the level of legal services required by a company. While some small law firms may specialize in corporate law, they typically do not have international experience, which can put a business at a disadvantage in negotiations and contracts.
Large law firms in Dubai are also well-versed in handling the large transactions that are common in the banking, manufacturing, shipping and merger and acquisitions sectors and transactions. It is important to evaluate and assess the various law firms based on their experience in handling transactions similar to the scale and value of your transaction.
In Dubai, as in the rest of the world, the more the transaction is worth on a monetary basis, the higher the level of risk for all parties involved. This is where an experienced corporate attorney is essential. This professional is responsible for seeing to the best interests of the client, proactively providing protection, risk reduction, and carefully crafted contracts that address possible areas of conflict, misunderstanding or misinterpretation.
The ideal scenario for business in Dubai doing business nationally or internationally is to have a corporate lawyer as a consultant. This allows the lawyer to become very familiar with the business, the comfort level with risk for the business owner, as well as a thorough understanding of the business goals.
With this information, the corporate lawyer will draft agreements, make recommendations and provide consulting services that will dovetail with the needs of the client. This is a truly bespoke type of legal service that is designed to provide information and legal interpretation of the possible options to consider.
A long-term relationship between a business client and a corporate lawyer in Dubai is very positive for the business. They have a trusted legal consultant and voice to turn to for help in making decisions, in limiting any possible legal risks or delays in obtaining a deal as well as in getting the best possible outcome in legal situations. Contact STA Law Firm for more information.
The vast majority of foreign business owners, employees and visitors to the United Arab Emirates will not experience any type of issues with the criminal law systems. However, it is also not uncommon for a foreign individual to find themselves charged with a criminal offense in Dubai that may not be an issue that would result in a criminal charge in their own country of citizenship or past residence.
Residents and citizens of the UAE and specifically of the Emirate can also expect to have the need for a criminal lawyer under specific situations. Depending on the type of charge and the crime alleged, the need for a lawyer may be significant, or there may not be an immediate concern.
For those visiting Dubai or traveling to the area for work or pleasure, it is a good idea to read information from reputable sources online to understand where the laws in Dubai may be very different from the laws in Western countries. Issues such as consuming alcohol, public displays of affection and the possession or use of illegal drugs are significant in Dubai and throughout the UAE, something that is not typically the case in many countries around the world.
Depending on the significance of the crime, and if you are living in Dubai or just visiting, the notification that you are charged with a crime in the UAE is often very different than in other areas of the world.
It is not uncommon for residents of Dubai to receive a phone call from the police with a request to appear at a specific police station for a minor charge. This is often a very low-key phone call, with the expectation that the individual contract by the police will arrive for the interview at the agreed upon time and location.
These types of requests by phone are common for minor crimes when serious criminal charges are not a consideration. For more significant and serious types of charges, the police will arrive at the individuals home or work or at their hotel and make an arrest, which is typical in most locations around the world.
What may be unusual for those not familiar with the procedures after an arrest in the United Arab Emirates is the requirement to provide blood, urine, and breath samples. This is not an option nor can a criminal lawyer in Dubai make a statement that limits or prevents the police from taking these samples. The samples will be taken even with a minor charge and if the charge is not related to any type of alcohol or drug consumption, possession or trafficking type of activity.
Once at the police station and after the samples have been provided, the person arrested or required for questioning will meet with police. While the criminal lawyer can be in those questioning sessions, there is no legal representation at this time.
In other parts of the world, the criminal lawyer will represent the client from the initial point of contact. The attorney may answer questions or direct the client not to speak to police in other parts of the world, but in UAE the lawyer does not have this ability or authority.
During the questioning, the person charged will be asked a series of questions related to the crime and the possible charges. The individual is expected to answer fully and completely. There will also be questions about witnesses who may be able to substantiate the story, including those who would be able to provide backing to an alibi for the crime.
Once this is completed, the individual will be released if the charges are minor, usually even if the individual accepts guilt for the offense. If the charges are significant and there is an acknowledgment of guilt or the police find the reason to believe there is guilt, the individual will be taken into custody. Bail is often requested for minor charges and rarely is bail granted for significant charges in the UAE.
For foreign individuals that are able to get bail, it will be part of the agreement to surrender your passport. This prevents the individual from leaving the country before the legal issue is resolved. This is not uncommon in countries around the world as the risk of the individual fleeing the country is always a concern for the prosecution.
The Next Steps
For minor crimes, there is no requirement for the courts in the UAE to provide legal representation. Individuals have the right to retain a criminal lawyer, which is an important step as there is the possibility for the lawyer to be able to negotiate a plea bargain or even to have the charges dismissed under some conditions.
For more significant charges, the criminal lawyer will be essential to develop a defence for the charges. Making the choice of a top law firm and criminal lawyer will be important as some charges can carry significant jail time as well as fines.
The most serious crimes that carry the potential of a death sentence should only be handled by an experienced criminal lawyer. While the court will appoint a public defender for those charged with these crimes, hiring the best possible attorney is always in the best interests of the individual that has been charged.
After the police questioning is the ideal time to retain a criminal lawyer in Dubai. Within 48 hours the police inform the prosecutor, and then a review of the answers from the questioning as well as the victim and witness statement occurs. The prosecutor then decides if the case should move forward.
The individual charged will be contacted to appear for another interrogation, this time by a prosecutor. Once this is completed most people not released on bail will be able to request bail. This may not be a possibility for serious crimes.
The police and the prosecution team complete a full investigation based on the information, interrogation results and witness and victim interviews. At this point, the prosecutor will determine if the case should be heard by the court and which court the person charged will appear before.
If a criminal law attorney is not involved at this time, it is critical to hire an experienced legal representative. While it is possible to represent yourself in UAE courts, and a translator will be provided for non-Arabic speakers, it is a complex legal system.
An experienced criminal law attorney will be able to not only provide a reasonable defence to the charges but also provide you with information on the steps involved and the different options as the case proceeds. This is often a longer process than in other courts and having someone with knowledge of the process and what to expect will be essential.
In the UAE, as in other areas of the world, criminal charges, no matter how minor they may seem, should never be taken lightly. Confusion about legal issues, particularly those that may include Sharia Law, should always be managed by an experienced criminal lawyer. Trying to represent yourself, even as a UAE national, is the least effective option and one that may result in more significant changes and sentencing. Click here for more information.
In the United Arab Emirates, but particularly in Dubai, the demand for property, both commercial and residential, has seen a steady increase in demand. This can be attributed to many factors including the welcome provided to foreign business owners and investors as well as the marketing and advertising of the benefits of doing business in Dubai.
By bringing in business owners and even highly qualified employees, the need for both business development space as well as residential housing is on a steady upward trend. While this is very good for the economy, it also creates pressure on the construction and property development sectors, which in turn creates the potential for conflicts and legal issues.
There are different ways that law firms provide services for their clients. When the general public thinks about the need for an attorney, they are often considered cases where there have been legal charges or where legal charges may occur against an individual for an alleged crime. In reality, this is only a small part of the services that most top law firms will provide.
The other option for the use of law firms, which is more commonly used for businesses and corporate entities, is the use of law firms in Dubai as consultants. In this application, the law firm will provide a lawyer who has expertise in a specific practice area. This practice area is also related to a specific industry sector.