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Hassan Mohsen Elhais

Mr. Hassan Elhais is professional lawyer in Dubai. Advocate Hassan Elhais is specialized in family, divorce & property law. Also, he is one of the renown criminal lawyers in Dubai, who has been practicing as a Professional Legal Consultant since 2005 in Dubai, UAE.
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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

The UAE is not a signatory to REMO Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below

Arbitration - A Challenging Issue

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

Shariah lays down the relations that qualify as heirs following the death of an individual The deceased's estate can only be transferred to persons who qualify as heirs under Shariah Law principles

Power of Attorney

A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes The attorney and the person giving it must be over 21 years of age and must be of sound mind

Family Law - Marriage Dissolution

The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder Divorce is typically a painful process for all concerned

Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No 39 these state that: 1

Challenging an Arbitration

In this case the losing party will file an annulment case However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity

Business Law - Liquidation

The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure

The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies The articles below provide an insight into the different types of business organizations in Dubai, and the processes involved in the dissolution, amalgamation, transformation and liquidation of businesses

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

Cheques in the United Arab Emirates

Since a cheque is meant to replace money, people must have trust in it Therefore the United Arab Emirates penal law levied a punishment against anyone issuing insufficient funds its due date

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

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

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

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

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

Most women seeking divorce have 3 priorities: 1 Divorce Certificate 2

Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of his death, Article 17(5) of the same law provided that UAE law shall apply to wills made by aliens disposing of their real property located in the State Moreover, Article 1/2 of the UAE Personal Status Law states that "the provisions of the law shall apply to non-UAE nationals unless the foreigner elects to apply his or her personal status law"

90% of the cases will involve witnesses and they can have the biggest impact on the outcome of the case, hence reading the article will provide valuable information to ensure a strong claim We will explain who are accepted as witnesses and what their impact could mean for the outcome

Family Law - Settlement Agreements

Introduction Following a No Objection Certificate from the Family Guidance committee, the parties can file their family case in the Dubai Courts In the second part of the of the guide through family court proceedings, we shall be outlining some of the common mistakes made by parties while entering into settlement agreements due to the absence of a competent attorney and sound legal advice

After the witnesses have made their statements in the Family Court, there is usually one more hearing after that in order to allow both the parties to comment on the statements of the witnesses The number of hearings following the witness statements depends on the Family Court

What powers does the court have to allocate financial resources and property on the breakdown of marriage The court will not automatically consider the financial position of a separating couple unless an application is made to the court

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim

In a recent Supreme Court case decision, according to Article 13 of the personal status law, court of cassation applied foreign law in a divorce matter As per Article 13, either party has a right to request to the court to apply foreign law (ie place where marriage was contracted) in their divorce matter

Extradition Article: Guidelines

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

Extradition Article: Procedures

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

Some Employees do not know their rights upon the termination of their employment contracts, so the issue has to be carefully considered Introduction - This article shall elaborate on the duties employer’s regarding registration of employees and the rights of employees after the termination of their labor contracts in the UAE

In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending or providing other banking facilities to family or other private businesses, primarily on the strength of the “name” or “names” of the proprietors standing behind the business, rather than on the strength of the asset quality and underlying credit of the particular business

The economic boom in UAE has resulted in huge developments and a considerable increase in trade This in turn has led to a rise in transactions which require a fast debt recovery mechanism

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