Lawyers & Legal Consultants Archives - Page 3 of 14 - Samaha Lawyers & Legal Consultants

November 17, 2025in Lawyers & Legal Consultants

Legal will in the UAE and reasons of their invalidity

A will is a person’s disposition of their property after death. It is a fundamental tool for distributing assets to heirs according to the deceased’s wishes. However, in certain circumstances, the invalidation of a will can void the deceased’s intent and alter the distribution of their estate among the heirs.

What is a Legal will in the UAE?

A will in the UAE is a legal disposition made by a deceased person regarding the distribution of a portion of their assets or money to their heirs or others after their death, in accordance with Islamic Sharia. There are specific rules and controls that a will in the UAE must adhere to to ensure its validity.

Reasons for the Invalidation of a Legal will in the UAE

The reasons that can lead to a will’s invalidation in the UAE vary. You can learn about and address all these reasons by consulting with a specialized personal status lawyer, such as those at Samaha Legal Consultancy. These reasons can be summarized as follows:

Failure to Meet Legal Conditions: A will must comply with several legal conditions stipulated by the UAE Personal Status Law. These conditions include:
1. The testator must be of sound mind when writing the will.
2. The will must be made in a formal manner, either in a documented written form with the competent authorities or verbally in the presence of recognized witnesses.
3. The will must not exceed one-third of the estate, unless the heirs consent to a larger portion.
Undue Influence or Coercion: If it is proven that the testator executed the will under the influence of coercion or threats, the will is considered void. A will must be a genuine expression of the testator’s free will, without any external pressure.
Error in Identifying Heirs or Disposing of Unowned Property: If a portion of the inheritance is allocated to a non-heir or if property not owned by the testator is designated, this error can lead to the will’s invalidation. Similarly, if the will includes a distribution system among heirs that violates the Sharia inheritance system, such as disinheriting legal heirs from their rightful share, the will is considered void.
Lack of Legal Capacity: If the testator lacked legal capacity at the time of writing the will, whether due to age or mental illness, the will is considered void. The testator is required to be an adult, of sound mind, and have full legal capacity.
Failure to Complete Documentation Procedures: Sometimes, a will may be made but not officially documented in court or with the competent authorities. This can weaken the will’s legal standing before the judiciary.

Procedures for Challenging a Legal Will in the UAE

If heirs or any other person doubt the validity of a will, they can resort to the judiciary to challenge it. They can contact Samaha Legal Consultancy to complete these procedures, which are as follows:

Filing a Lawsuit for Will Invalidation: A specialized lawyer, like those at Samaha Legal Consultancy, will file a lawsuit with the competent court in the UAE. The plaintiff will then present evidence and testimonies supporting their request for the will’s invalidation.
Providing Proof of the Grounds for Invalidation: The plaintiff must prove the reasons that led to the will’s invalidation, whether they relate to coercion, error, or lack of documentation.
The Court’s Role in Verifying the Will’s Validity: The competent court will review the will and verify the validity of the procedures followed in its creation, such as the presence of witnesses, to ensure the will is consistent with legal rules and Islamic Sharia.

What Are the Legal Consequences of a Legal Will‘s Invalidation?

If the court rules to invalidate a will, the judgment will have significant legal consequences related to the distribution of the inheritance. In this case, you can contact Samaha Legal Consultancy to understand what these consequences are and how to handle the situation correctly and legally.

Inheritance Distribution According to Islamic Sharia: When a will is invalidated by the court, the inheritance is distributed according to the provisions of Islamic Sharia. The share of each legal heir is determined based on the established rules of Sharia.
Reversal of Dispositions Related to the Will: If the will led to material or legal dispositions, such as transferring ownership or distributing funds, these dispositions are rendered void. The funds or assets are restored to the original inheritance.
No Effect on the Testator’s Personal Rights: If the will had designated certain assets to a person or transferred specific rights, the will’s invalidation does not affect the testator’s personal rights before their death.

Judicial Precedents for Legal Will Invalidation Cases in the UAE

Judicial rulings related to the invalidation of wills vary significantly based on the facts surrounding each case. In some instances, judicial interpretations may be sought on issues such as the effect of coercion or error in the execution of a will. For accurate and appropriate legal advice, you can consult Samaha Legal Consultancy, which has a team of expert lawyers with precise legal knowledge.

Frequently Asked Questions About Will Invalidation

What are the reasons that lead to the invalidation of a will? The main reasons for invalidating a will in the UAE include:

Failure to meet legal conditions.
Coercion.
Error in identifying heirs.
Lack of documentation.

Can heirs challenge a will? Yes, heirs can file a lawsuit for the will’s invalidation before the competent court.

Is a will affected by the absence of witnesses? Yes, in the absence of accredited witnesses or official documentation of the will, it may be considered legally invalid. You can consult a specialized lawyer, such as those at Samaha Legal Consultancy, to understand how the absence of witnesses can affect a will.

How is the estate distributed if the will is invalidated? If a will is invalidated, the inheritance is distributed according to the provisions of Islamic Sharia.

In conclusion, it is clear that a will in the UAE is a crucial legal and religious instrument for distributing property after death. However, ensuring its validity and preventing its invalidation requires a thorough understanding of the grounds for will invalidation in the UAE, which include failure to meet legal requirements, the presence of suspected duress or fraud, or errors in identifying heirs.

Avoiding the serious legal consequences of a will’s invalidity—which leads to the full application of Sharia inheritance laws and the nullification of the testator’s intention—necessitates seeking specialized legal expertise.

To avoid legal risks and ensure your will is properly executed:

Don’t let the deceased’s intentions be lost in the complexities of legal procedures. Whether you are drafting a new will or need assistance challenging a will whose validity is questionable, expertise is key.

Therefore, we invite you to contact Samaha Law Firm directly. The team at Samaha’s office has extensive experience in personal status and inheritance law in the UAE, and provides you with the necessary support to properly document your will or to file a lawsuit to invalidate the legal will, supported by the strongest legal arguments.

November 17, 2025in Lawyers & Legal Consultants

Drafting an Employment Contract in the UAE

Drafting an Employment Contract in the UAE Pursuant to Article 1 of the UAE Labour Law, an Employment Contract is defined as an agreement established between the employer and the worker, which clarifies that the worker shall perform work under the supervision and management of the employer in exchange for an agreed-upon wage. This definition clearly demonstrates the importance of drafting an employment contract in the UAE.

If you are seeking a specialized law firm for consultation regarding drafting an employment contract in the UAE, you should contact Samaha Legal Consultants Office.

The Significance of Drafting an Employment Contract in the UAE

The legally sound drafting of an employment contract in the UAE can be considered one of the most essential steps in defining the rights and obligations incumbent upon both parties to the labour relationship. This secures and guarantees the prevention of any legal disputes in the future.

Drafting an employment contract in the UAE requires accurately documenting all the essential required data in the contract, followed by recording any additional or optional terms.

It is crucial to ensure that the worker’s rights in the employment contract are no less than the rights stipulated for them in the UAE Labour Law; this is subsequently documented in the contract.

The worker must utilize the legal expertise of an employment lawyer when drafting an employment contract in the UAE to ensure all their rights are guaranteed under the contract.

Conversely, the employer must also seek consultation from Samaha Office when drafting an employment contract with any worker they intend to employ, in order to pre-empt future labour disputes that may adversely affect the establishment.

Essential Elements Required When Drafting an Employment Contract

The UAE Ministry of Human Resources and Emiratisation (MoHRE) has issued an Advisory Model Employment Contract that contains all the principal data required to be mentioned when drafting an employment contract in the UAE. This contract can effectively serve as a template for any employer who needs to execute a legally compliant employment contract with a worker.

Concurrently, both parties to the employment relationship have the right to include any terms they wish, provided that these terms do not violate the provisions of the UAE Labour Law, its Executive Regulations, or the general public order and morality in the Emirates, through the drafting of the employment contract.

The essential elements that must be present when drafting an employment contract in the UAE are:

Detailed information of the Employer.
Detailed information of the Worker.
The nature of the work to be performed by the worker for the employer.
The duration of the employment contract (if fixed-term) and the clause for its renewal.
A statement on the method of contract termination.
The agreed-upon wage for the worker, along with all allowances and compensation.
The worker’s rights, consistent with the rights stipulated in the UAE Labour Law, and their obligatory commitments.
The employer’s rights and obligations.
The contract’s submission to the Labour Law for matters not explicitly covered by a provision.
The contract must be drawn up in two original copies, one for each party.
Signatures of both parties on the contract.

These are the primary data that must be included when drafting an employment contract in the UAE; otherwise, the contract may be deemed void. However, there are some secondary or optional details that can be mutually agreed upon between the worker and the employer, such as placing the worker under probation and the non-compete clause.

Model Draft of an Employment Contract in the UAE

Samaha Office will assist you in providing the best model draft of an employment contract in the UAE as follows:

First Party: The Employer (Details) Second Party: The Worker (Details)

Contract Preamble:

Whereas the First Party is a Limited Liability Company operating in the field of [….] and wishes to employ a worker specialized in [….], and whereas the Second Party possesses the qualifications to fill this position, the will of both parties has converged to agree upon the following points in the drafting of this employment contract in the UAE:

The Contract Preamble is an integral and indivisible part of the employment contract.
The Second Party shall work for the First Party in the capacity of [Job Title].
The term of the contract is one full Gregorian year, commencing on [Date] and ending on [Date], with the possibility of renewal unless one party notifies the other of their desire not to renew at least two months prior to the expiry of the term.
The Second Party shall be subject to a probationary period of three months, during which either party has the right to terminate the contract without notice or compensation.
The First Party shall pay the Second Party a monthly wage of [Amount] AED, along with all allowances and compensation stipulated in the internal work regulation.
The Employer has the right to terminate the employment contract if the worker commits gross violations in accordance with the relevant provisions of the UAE Labour Law.
The Worker undertakes not to compete with the Employer in the commercial activity practiced by the Employer for a period of two years from the date of the termination of the employment relationship, and this restriction shall apply in the [Specify Area] region.
Disputes arising between the worker and the employer shall be resolved in accordance with the provisions established by the UAE Labour Law.
This contract has been executed in two copies, with one copy for each party.

First Party (Employer): [Signature] Second Party (Worker): [Signature]

What Types of Employment Contracts Require Drafting

A variety of contracts require the drafting of an employment contract in the UAE, including:

Full-Time Contract
Part-Time Contract
Temporary Contract
Flexible Work Contract
Remote Work Contract
Job Sharing Contract
Electronic Employment Contract

Having presented all aspects related to drafting an employment contract in the UAE, ensuring its compliance with the UAE Labour Law and its Executive Regulations, and its adherence to the essential elements of the Advisory Contract issued by the Ministry of Human Resources and Emiratisationز

if you require consultation regarding drafting an employment contract in the UAE, you should contact Samaha Legal Consultants Office. We are your optimal choice for drafting an employment contract in the UAE.

November 16, 2025in Lawyers & Legal Consultants

Lawsuit to Stop the Cashing of a Letter of Guarantee in the UAE

Lawsuit to Stop the Cashing of a Letter of Guarantee in the UAE, A Letter of Guarantee (LG) is an undertaking issued by a bank in favor of a client, who is called the Beneficiary or Employer.

It obligates the bank to pay a specific amount deposited on the Beneficiary’s behalf by another party called the Contractor.

Some companies require contracting companies to submit a Letter of Guarantee that includes depositing a sum of money in the bank in their favor. This ensures that the companies can seek compensation for any damage or loss incurred due to the Contractor’s breach of their pre-agreed contractual obligations.

The definition of Cashing a Letter of Guarantee in the UAE is the request submitted by the Beneficiary or Employer to the bank to liquidate the Letter of Guarantee.

This request is filed when the Contractor fails to execute their pre-agreed contractual obligations or breaches any of these obligations, which grants the Beneficiary the possibility of recovering any compensation or expenses from the guarantee amount held by the bank.

By contacting a specialized law office, such as Samaha Law Firm for Legal Consultations, you can complete the procedures for Cashing a Letter of Guarantee in the UAE in the correct legal manner, according to the contract previously concluded between the parties.

What are the Conditions for Cashing a Letter of Guarantee in the UAE?

The conditions for cashing a Letter of Guarantee in the UAE can be summarized as follows:

To proceed with cashing a Letter of Guarantee in the UAE, there must first be a Letter of Guarantee from the Contractor in favor of the Employer, deposited at the bank, which includes depositing the amount in their favor.
To proceed with cashing a Letter of Guarantee in the UAE, the Letter of Guarantee must be final (unconditional) and not preliminary.
To proceed with cashing a Letter of Guarantee in the UAE, the Contractor must have breached their contractual obligations toward the Employer according to the contract concluded between them.
To proceed with cashing a Letter of Guarantee in the UAE, the request to cash the Letter of Guarantee must not be submitted until after the expiration of the agreed-upon period in the contract between the contracting parties.

However, it may happen that the Contractor fulfills their contractual obligations, yet the Employer proceeds to request the bank to cash the Letter of Guarantee in the UAE. In this case, the Contractor opposes the action, leading to a dispute that may reach the judiciary. This is called a Lawsuit to Stop the Cashing of a Letter of Guarantee in the UAE. You can ascertain these conditions with sound legal justification by consulting a specialized office like Samaha Law Firm for Legal Consultations.

What are the Steps to Cash a Letter of Guarantee at the Bank in the UAE?

Prepare a Formal Request: The Beneficiary submits a request to the bank that issued the Letter of Guarantee.
Prepare Documentation: The Beneficiary attaches all necessary papers and documents with their request that prove the Contractor’s prior breach of their contractual obligations.
Bank Verification: The bank verifies the authenticity of the request to cash the Letter of Guarantee in the UAE and the submitted documents, and checks their conformity with the terms of the Letter of Guarantee.
Disbursement to the Beneficiary: Upon the bank’s confirmation that all required conditions are met, it proceeds to cash the Letter of Guarantee in the UAE to the Beneficiary.

You can complete all these procedures in the appropriate legal manner through a specialized lawyer’s office like Samaha Law Firm for Legal Consultations.

Samaha Law Firm for Legal Consultations provides the best drafting for a Lawsuit to Stop the Cashing of a Letter of Guarantee in the UAE, as follows:

To the Commercial Court in [……]

Plaintiff: [……] Contracting Company, represented by the General Manager [……], whose legal counsel is the Lawyer [……]. Defendant: [……] Company, represented by the General Manager [……]. Subject of the Lawsuit: Stopping the Cashing of a Letter of Guarantee in the UAE.

Facts: A contracting agreement was concluded between the client company and the defendant company for the execution of contractual works involving the construction of facilities in the port. A Letter of Guarantee was registered at [……] Bank, including a deposit of [……….] UAE Dirhams in favor of the defendant party to ensure the fulfillment of contractual obligations as agreed. The contractual works were executed and duly received by the defendant party. However, we were surprised that the defendant party proceeded to request the cashing of the Letter of Guarantee in the UAE and asked the bank to disburse the guarantee amount.

Since the client company has performed its contractual obligations in full, the defendant party does not have the right to receive the guarantee amount. Therefore, we approach the esteemed Court and request the following:

To halt the cashing of the Letter of Guarantee in the UAE until the lawsuit is decided.
To hold the defendant party responsible for all court costs, expenses, and attorney fees.

With Appreciation and Respect

Dubai, on ../../…. Authorized Lawyer [……] Signature […….]

What are the Mechanisms for Canceling a Letter of Guarantee?

A client can cancel a Letter of Guarantee by accessing the main website of the Ministry of Commerce and Industry with their digital identity, then specifying the request type as “Cancellation of Bank Guarantee.” They must attach the required documents on the electronic site, the most important of which is a Statement of Clearance (Bara’at Al-Dhimma) indicating that the client has fulfilled their obligations toward the Beneficiary. After obtaining confirmation of approval for the bank guarantee cancellation, the company’s account is closed upon the recovery of that guarantee. Samaha Law Firm for Legal Consultations assists you in executing these procedures in the correct legal manner to ensure the desired outcomes.

What is the Meaning of Cashing a Letter of Guarantee in the UAE?

The meaning of Cashing a Letter of Guarantee in the UAE is the request submitted by the Beneficiary to obtain the guarantee amount that was previously deposited, due to the client’s failure to fulfill their required obligations in the contract concluded between them and the Beneficiary, according to the prior agreement.

We advise anyone who wishes to file a Lawsuit for Cashing a Letter of Guarantee in the UAE to seek the assistance of the best specialized lawyers at Samaha Law Firm for Legal Consultations. Contact Us.

November 15, 2025in Lawyers & Legal Consultants

Inherited Property Sale Contract in the UAE

Sale Contract, If you wish to purchase a property owned by a group of heirs in the UAE and are unsure of the conditions required in this situation, we will clarify all aspects related to this matter, especially with a specialized lawyer like Samaha Law Firm for Legal Consultations.

Executing an Inherited Property Sale Contract in the UAE requires the sale to be conducted between the buyer and all the heirs acting as the seller (one party).

The provisions governing an inherited property sale contract in the UAE are primarily subject to the Civil Transactions Law as the general law, given that the ownership by the heirs is considered joint ownership (ownership in common). However, there are specific laws regulating the sale of inherited real estate in the UAE, including Decree No. 23 of 2020 concerning residential properties in the Emirate of Dubai in the United Arab Emirates, which stipulated the necessary conditions for an inherited property sale contract in the UAE.

What are the Conditions for an Inherited Property Sale Contract in the UAE?

The conditions for an inherited property sale contract in the UAE are as follows:

To execute an inherited property sale contract in the UAE, all heirs must have another residence or a residential plot of land that is a grant or owned property.
To execute an inherited property sale contract in the UAE, the residential property intended for sale must not be essential for fulfilling their housing needs for any reason, including the disproportionate size of the property compared to the number of heirs.
To execute an inherited property sale contract in the UAE, there must be no legal impediments or third-party rights that prevent the sale of the property.
To execute an inherited property sale contract in the UAE, the sale of the residential property must not cause harm to any of the heirs, particularly the elderly, minors, unmarried women, divorcees, widows, or people of determination (persons with disabilities).
To execute an inherited property sale contract in the UAE, there must be no suitable alternative residence in terms of value, location, and area, regardless of whether the property is a residential grant or owned property.

By contacting Samaha Law Firm for Legal Consultations, you can learn about all the details of an Inherited Property Sale Contract in the UAE, its conditions, and how to execute it in a fully legal manner.

What are the Procedures for Executing an Inherited Property Sale Contract in the UAE?

The procedures for executing an inherited property sale contract in the UAE are as follows:

To execute an inherited property sale contract in the UAE, a request must be submitted by one of the heirs or their legal representative, such as Samaha Law Firm for Legal Consultations, to the Department of Land and Property to sell the property.
To execute an inherited property sale contract in the UAE, all required documents for that request must be attached.
To execute an inherited property sale contract in the UAE, the Department must study the submitted request and verify the authenticity of the attached documents. After completing the study, it must notify the remaining heirs of the applicant heir’s request to sell the property in question.
To execute an inherited property sale contract in the UAE, the remaining heirs must inform the Department of their approval or rejection of the sale request within a period of 30 days from the date of their notification by the competent court.
In executing an inherited property sale contract in the UAE, if all heirs agree to the request to sell the residential property, the competent Department proceeds to take the necessary steps to complete the sale process.
To execute an inherited property sale contract in the UAE, the buyer must agree to deposit the property price into the account of the competent Department, which will then undertake the distribution of the proceeds to the heirs according to each one’s share as per Sharia law.
In executing an inherited property sale contract in the UAE, if the competent Department determines during the study that some heirs do not have a residence other than the property requested for sale, the Department will order the sale to be halted until alternative solutions are provided for the remaining heirs.
In executing an inherited property sale contract in the UAE, if the 30-day period expires without a response from all heirs, or if some heirs reject the request, the competent Department will proceed with an amicable settlement between the heirs.
In executing an inherited property sale contract in the UAE, and in the event the heirs accept the amicable settlement, the competent Department will proceed to sell the inherited property.
In executing an inherited property sale contract in the UAE, if the competent Department fails to conduct the amicable settlement, the party requesting the sale has the right to file a lawsuit for property sale through the Committee.
- The Committee rules to sell the property by public auction if it is impossible to physically divide it among the heirs, or if the physical division would lead to harm or a significant decrease in the property’s value.
- The Committee must limit the bidding to the heirs if they unanimously request it.

Is it Permitted to Sell Without the Consent of One of the Heirs?

No, the property cannot be sold without the consent of one of the heirs until the procedures for the sale request before the Department of Land and Property are completed and the Department has attempted to resolve the dispute amicably. If the Department fails to do so, it refers the matter to the competent Committee for reviewing such disputes, and then the Committee can rule to sell the property if the necessary conditions for sale are met and the proceeds are divided among the heirs.

Samaha Law Firm for Legal Consultations assists you in fully and legally finalizing these conditions.

Is it Permitted for One of the Heirs to File an Eviction Lawsuit?

Yes, it is permissible for one of the heirs to file an eviction lawsuit against the person who is seizing the inherited property, by filing the lawsuit on their own behalf and adding the estate of their predecessor (the deceased).

We emphasize that anyone wishing to execute an Inherited Property Sale Contract in the UAE should seek assistance from the best specialized lawyers for the drafting of an inherited property sale contract at Samaha Law Firm for Legal Consultations. Contact Us.

November 15, 2025in Lawyers & Legal Consultants

Direct Action in the UAE

What is Direct Action in the UAE? There are certain conditions and steps required to file a Direct Action lawsuit in the UAE. It is essential to understand what a Direct Action lawsuit is and why raising such a claim is important. We will explain everything concerning Direct Action in the UAE.

If you need legal consultation regarding Direct Action in the UAE, you should contact Samaha Law Firm in the UAE.

What is Direct Action in the UAE?

The concept of Direct Action in the UAE emerges through a lawsuit filed by the creditor against their debtor’s debtor, based on a right obtained through a specific legal provision.

The Direct Action in the UAE is characterized by certain features that distinguish it from other types of claims available to the creditor, such as the Simulated Action (Dawa Suriya), the Paulian Action (Dawa Polissiya), or the Action to Prevent Disposition. It is considered an exception to the principle of the relativity of contractual effects.

According to the UAE Civil Transactions Law, a contract can only generate obligations between its parties, meaning between the original creditor and the original debtor. The Direct Action in the UAE allows the creditor to bypass the relativity of contractual effects and directly sue their debtor’s debtor.

Furthermore, Direct Action in the UAE, unlike the Indirect Action, does not consider the creditor to be acting as a representative of the debtor in the lawsuit. Instead, the creditor is regarded as the original plaintiff acting on their own behalf against their debtor’s debtor.

Conditions for Direct Action in the UAE

The conditions for Direct Action in the UAE can be summarized as follows:

The creditor’s right against the original debtor must be due and payable.
The creditor’s right must be undisputed, meaning there is no judicial contention between the creditor and their original debtor.
There must be a legal text that grants the creditor the right to file the Direct Action lawsuit against their debtor’s debtor.
The substantive and procedural requirements for filing any lawsuit must also be met, including the conditions of capacity (Ahliyya), standing (Sifa), and interest (Maslaha), as well as the condition of the subject-matter, value, and territorial jurisdiction of the court.

Steps for Filing a Direct Action in the UAE

The steps for filing a Direct Action in the UAE do not differ from other types of civil actions, as it is filed before the civil courts in the UAE.

It must be filed in accordance with the provisions of the UAE Civil Procedures Law by including all mandatory data in the statement of claim. The claim is then either registered directly with the competent court administration or submitted electronically through the applications available with the UAE Ministry of Justice.

The claim in the Direct Action in the UAE must be made by the creditor against their debtor’s debtor, fulfilling all required conditions and documentation. It is best submitted through a specialized lawyer, a service which Samaha Law Firm in the UAE can provide.

Importance of Direct Action in the UAE

The importance of Direct Action in the UAE is evident through the legal effects resulting from this lawsuit on the creditor, their debtor, and the debtor’s debtor.

Effects of the Action on the Creditor

These effects include:

Suing the debtor’s debtor in the creditor’s personal name, without the need to include the original debtor in the Direct Action in the UAE.
None of the other creditors can contest the right claimed by the creditor through the Direct Action in the UAE. They cannot divide the debtor’s debtor’s funds pro-rata among creditors (qismat ghurama) in the case of filing a Direct Action in the UAE.
The Direct Action in the UAE may be considered free from any defenses by the defendant against the creditor’s original debtor. The debtor’s debtor does not have the right to remit the debt to their original creditor after the action has been filed.
Filing the Direct Action in the UAE does not mean the creditor waives their right to claim against their original debtor; the creditor can still claim against both parties.

Effects of the Action on the Original Debtor

The most important effect arising from the Direct Action in the UAE for the original debtor is their inability to claim the debt from their own debtor, and they lose the right to collect that debt once the Direct Action in the UAE has been filed and they have been duly notified. Furthermore, the original debtor is prevented from disposing of their debt owed by their debtor against whom the Direct Action in the UAE is raised, which also means they lose the right to reach a settlement or waive that debt.

Effects of the Action on the Debtor’s Debtor

These effects are manifested by the debtor’s debtor’s inability to reject the Direct Action in the UAE, as it is considered one of the original actions prescribed by law, raised by the creditor in their original capacity and not as a representative of the debtor.

Consequently, the debtor’s debtor, upon being notified of the Direct Action in the UAE against them, must not proceed to pay the debt to their original creditor. However, if they made the payment before being notified of the action and were unaware of it, that payment is considered valid, and they can plead before the court that the plaintiff is not entitled to their claim.

Finally, we must inform you that the liability of the original debtor and their debtor towards the creditor in the Direct Action in the UAE is considered joint and several liability (Mas’ouliyya Tadamuniyya).

Are There Examples of Direct Action in the UAE?

Examples of Direct Action in the UAE include: the lessor’s action against the sub-lessee, the injured party’s action in car accidents against insurance companies, and the action of the property purchaser against the contractor who contracted with the property seller.

When Can a Direct Action in the UAE Be Dismissed?

A Direct Action in the UAE may be dismissed if the required conditions for filing the action are not met, such as if the debt claimed by the creditor is not due and payable, or if the Direct Action in the UAE is raised against the debtor’s debtor after the latter has already paid the debt to their original creditor.

We have now clarified everything concerning Direct Action in the UAE. If you need legal consultation regarding Direct Action in the UAE, you should contact Samaha Law Firm in the UAE. Samaha Law Firm is always your best choice for obtaining your consultations.

November 13, 2025in Lawyers & Legal Consultants

Petition to reconsider the Court of Cassation ruling in the UAE

A petition for reconsideration of a cassation judgment in the UAE is one of the exceptional legal avenues provided by the legislator to challenge certain final judgments.

A petition for reconsideration of a cassation judgment in the UAE is filed under specific and precise conditions and cases outlined in the Civil Procedures Law.

Although Cassation Court judgments are considered final and conclusive and are not subject to appeal, UAE law has created a small window to allow for reconsideration if it is proven that there was fraud, forgery, or the emergence of new, conclusive evidence that would change the court’s decision.

What Is a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered one of the exceptional legal methods allowed by UAE law to challenge final and conclusive judgments, but under strict and specific conditions.

Article 189 of the UAE Civil Procedures Law stipulates that Cassation Court judgments cannot be appealed in any way, with the exception of those issued on the merits of the dispute.

A petition for reconsideration of a cassation judgment in the UAE can be filed if one of the cases stipulated in the first three clauses of Article 171 of the same law is met.

These cases include:

Material fraud committed by one of the litigants that had a direct effect on the court’s judgment.
A judgment issued based on documents or testimonies that are proven to be forged or manipulated after the judgment was issued.
The discovery of new, conclusive documents in the lawsuit that the petitioner was previously unable to present.

With the help of a specialized lawyer like Samaha Legal Consultancy, you can file a petition for reconsideration of a cassation judgment in the UAE in a legal manner and understand the specific cassation rulings related to it.

As for the other cases stipulated in Article 171, such as a judgment ordering something not requested, a contradiction in the judgment’s wording, or a judgment issued against a party who was not properly represented, they cannot be relied upon to file a petition for reconsideration of a cassation judgment in the UAE.

The petition must be submitted according to the procedures set out in the chapter on petitions for reconsideration.

This lawsuit must be filed within one month from the date of discovering the legal basis that allows for filing the petition, whether that date is the discovery of the fraud, the issuance of a judgment confirming forgery, or the emergence of new conclusive evidence.

This specific time frame and procedure serve as a legal guarantee to achieve justice without undermining the finality of conclusive judgments.

What Are the Cassation Rulings Regarding a Petition for Reconsideration in the UAE?

The Cassation Court in the UAE has established a stable legal principle that its judgments are final and conclusive and cannot be appealed through any traditional method, except when the judgment relates to the merits of the dispute.

This is the only exception in the law where a petition for reconsideration of a cassation judgment in the UAE can be filed, under narrow and limited conditions and according to judicial precedents.

The petition is not accepted for procedural decisions issued by the Cassation Court, such as those rejecting an appeal or ruling that it is inadmissible or not accepted, as they relate to public order and do not affect the substance of the dispute.

However, in cases where the court rules on the merits of the lawsuit, those judgments, although final and conclusive, may be subject to a petition for reconsideration of a cassation judgment in the UAE if one of the three cases stipulated in Article 171 of the Civil Procedures Law is met, such as fraud, forgery, or conclusive documents.

Thus, challenging a cassation judgment through a petition for reconsideration of a cassation judgment in the UAE is a precise exception that requires the fulfillment of two fundamental conditions: first, that the judgment was issued on the merits of the dispute, and second, that one of the exclusive legal grounds is proven.

With the help of Samaha Legal Consultancy, you can understand the specific conditions and rulings for a petition for reconsideration of a cassation judgment in the UAE.

What Are the Procedures for Filing a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered an extraordinary method of appeal in civil and criminal judgments.

Its purpose is to correct errors related to factual assessments that affect final and conclusive judgments.

If one of the legal cases that permit an appeal for reconsideration of a civil judgment is met, a request can be filed.

A petition for reconsideration of a cassation judgment in the UAE can be filed with the assistance of a specialized firm like Samaha Legal Consultancy by following these steps:

The petition statement submitted by one of the litigants is deposited with the case management office according to the established procedures for filing a lawsuit.
The petition statement must include details of the judgment being petitioned and its date, in addition to explaining the reasons for the petition, which must be based on the legal grounds and cases, otherwise the request will not be considered acceptable.
A judicial session is held before the competent court to review the request. The court may even be composed of the same judges who previously issued the challenged judgment.
The request must be accompanied by proof of a deposit of AED 500 as a security, which will be confiscated if the request is rejected, ruled inadmissible, or not accepted.

As for filing a petition for reconsideration of a cassation judgment in the UAE in criminal cases, the procedures for submission vary depending on whether it is submitted by the Public Prosecutor or the convicted person.

If the petitioner is not the Public Prosecutor, they must submit a petition to the Public Prosecutor with a statement explaining the judgment to be reconsidered and the case it is based on, along with supporting documents.

The Public Prosecutor then conducts the necessary investigations and submits the documents within the following three months, accompanied by a report clarifying their opinion and the reasons behind it.

However, if the appeal is filed by the Public Prosecutor, the procedures are limited to submitting the request with the investigations conducted, to the Criminal Cassation Department through a report that clarifies their opinion and the reasons for it.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in a Petition for Reconsideration of a Cassation Judgment in the UAE?

A specialized lawyer from Samaha Legal Consultancy, through a competent and professional legal team, plays a pivotal role in the success of a petition for reconsideration of a cassation judgment in the UAE due to the exceptional nature of this appeal and the required legal precision. The most important tasks of a specialized lawyer from Samaha Legal Consultancy are:

Initial Legal Assessment: The specialized lawyer analyzes the judgment to verify its eligibility for challenge based on the three exclusive legal cases: fraud, forgery, and conclusive documents.
Drafting the Petition Statement: The specialized lawyer takes on the task of preparing a comprehensive legal memorandum that includes the judgment details, the reasons for the petition, and the supporting evidence, in accordance with the requirements of Article 171 of the Civil Procedures Law.
Adherence to Deadlines and Required Procedures: The specialized lawyer is keen to submit the request within the legal deadline of one month from the date the legal reason appeared, along with attaching all required documents and paying the AED 500 security deposit.
Representing the Client Before the Court: The specialized lawyer attends the sessions, presents their legal arguments, and counters the opposing arguments, which enhances the chances of the petition being accepted both formally and substantively.
Following Up on the Case Until the Final Decision: The specialized lawyer follows up on the case from the stage of submitting the request until the final judgment is issued, and submits any supplementary documents requested by the court.

November 13, 2025in Lawyers & Legal Consultants

Eviction Lawsuit for Non-Payment of Rent in the UAE

An eviction lawsuit for non-payment of rent in the UAE is one of the most common types of cases heard before the Rental Disputes Settlement Committees in the country.

What is an eviction lawsuit for non-payment of rent in the UAE? And what rental law governs it? This article will address these questions.

An eviction lawsuit for non-payment of rent in the UAE varies from one emirate to another, according to the local law that regulates the rental relationship between the landlord and the tenant.

In this article, we will compare the eviction lawsuit for non-payment of rent in the two emirates of Abu Dhabi and Dubai.

Eviction Lawsuit for Non-Payment of Rent in Abu Dhabi

According to the provisions of the Rental Law in Abu Dhabi, the tenant is obligated to pay the agreed-upon rent in the lease agreement to the landlord as follows:

The tenant must pay the rent within 21 days from the written agreed-upon due date if the purpose of the lease is residential.
If the purpose of the lease is for commercial, industrial, or professional activities, the tenant must pay the rent within 30 days from the written agreed-upon due date.
The Abu Dhabi Rental Law considers a receipt showing the rent value and date as prima facie evidence of payment for all previous periods.
In the absence of a written agreement on the rent payment date, the first day of every month is considered the due date.

Consequently, if the tenant fails to pay the rent on the scheduled dates, the landlord has the right to request the eviction of the tenant from the leased property before the Rental Disputes Settlement Committee in Abu Dhabi.

This committee must hear the case as quickly as possible and issue a judgment, either for eviction or to allow the tenant to remain if they prove that they have paid the rent due or provide justifications acceptable to the court.

Furthermore, both the landlord and the tenant have the possibility to appeal the judgment issued by the Rental Disputes Settlement Committee before the Appeals Committee, provided that the value of the lawsuit exceeds AED 100,000.

This is done in accordance with the procedures of the UAE Civil Procedures Law, i.e., within 15 days from the date of the judgment’s pronouncement in the defendant’s presence, or from the date of its notification to the absent convicted party.

Eviction Lawsuit for Non-Payment of Rent in Dubai

The Dubai Rental Law has specified the cases in which a landlord has the right to request the eviction of a tenant from a property before the end of the lease term.

Among these cases is when the tenant fails to pay the rent within 30 days from the date the landlord notifies them to pay, unless the two parties have agreed otherwise.

The landlord files the eviction lawsuit before the Rental Disputes Settlement Centre in Dubai, which is obligated to hear the case expeditiously.

Decree No. 26 of 2013 regarding the Commercial Disputes Settlement Centre in the Emirate of Dubai obligates the committees formed under its provisions to rule on lawsuits within a period not exceeding 30 days from the date the lawsuit is referred to them, unless there are compelling reasons to extend it further.

It also gives both the landlord and the tenant the possibility to appeal judgments issued by these committees if the value of the lawsuit exceeds AED 100,000.

However, an exception is made for cases where a judgment of eviction is issued, regardless of the lawsuit’s value. In such cases, both the tenant and the landlord have the possibility to appeal the eviction judgment before the appellate division, even if it is for less than AED 100,000.

Rental Law in the UAE

The UAE legislator has not issued a federal law to regulate rentals at the state level.
Instead, it has given each emirate the freedom to do so. Each of the seven emirates has issued its own law or decree to regulate the rental relationship between the landlord and the tenant within its territory.

To study an eviction lawsuit for non-payment of rent in the UAE, we must examine it according to the local rental law in each emirate.

However, the different rental laws in the UAE agree on the reasons that necessitate the eviction of a tenant due to non-payment of rent.

In most cases, they obligate the landlord to notify the tenant to pay the rent within a specified period, which is often 30 days from the due date agreed upon in the contract. If there is no payment date, the first of every month is considered the due date.

The landlord has the right to request eviction if the tenant does not pay the rent after the notice period has expired.

The procedures for filing a lawsuit before the Rental Disputes Settlement Committee in each emirate are almost identical, as the general law to be applied is the UAE Civil Procedures Law for the necessary procedures for litigation before these committees, in case there is no specific provision in the local rental laws.

The appeal period is almost uniform among all local laws, as the parties to the dispute must appeal judgments issued by the first-instance committees within 15 days from the date of the judgment’s pronouncement in the defendant’s presence, or from the date of its notification to the absent convicted party.

Thus, we have reached the end of our article on eviction lawsuits for non-payment of rent in the UAE.

We, Samaha Law Firm, have clarified the differences in this lawsuit among the seven emirates according to the local law governing the rental relationship in each emirate, and the connection of these laws with the UAE Civil Procedures Law. Contact Us.

November 11, 2025in Lawyers & Legal Consultants

Divorce by mutual consent in the UAE

Divorce by mutual consent in the UAE is a legal process that allows a couple to end their marriage amicably, without contentious court battles. This type of divorce requires both spouses to fully agree on all terms of the separation, including the division of assets, child custody (if applicable), and alimony.

The process typically begins with filing a request with the competent court. The couple prepares a detailed divorce agreement outlining all the terms they have agreed upon. The court then reviews the agreement to ensure it aligns with local laws and serves the best interests of any children from the marriage before issuing a divorce judgment.

Conditions for Divorce by Mutual Consent in the UAE

The conditions for divorce by mutual consent can be categorized as both formal and substantive:

Writing and Language: The agreement must be written in Arabic and filed with the court. While it can be translated into another language if one or both spouses are expatriates, the original Arabic version must be the official one.
Signatures: The agreement must be signed by both parties, either in person or by a special legal representative, such as a lawyer from a specialized firm like Samaha Legal Consultancy.
Clarity of Wording: The legal phrasing of the agreement must be clear, precise, and specific, leaving no room for misinterpretation regarding the spouses’ agreement to divorce or the specific terms and conditions.
Financial Settlement: The agreement must include a statement from the wife acknowledging the settlement of any financial claims against the husband, or it must contain specific provisions for settling those claims.
Waiver of Appeal: The agreement must include a pledge from both parties to waive their right to appeal the divorce judgment after it is issued.
Documentation: The agreement must be formally documented in the appropriate legal manner for both parties.

Samaha Legal Consultancy can assist you in understanding all the conditions for divorce by mutual consent in the UAE and how to implement them correctly.

Procedures for Divorce by Mutual Consent in the UAE

The procedures for divorce by mutual consent are straightforward and free of any legal or procedural complications. They can be summarized as follows:

File at the Family Guidance Office: The divorce lawsuit is registered at the Family Guidance Office, which is part of the competent court. The spouses’ agreement to divorce does not override the office’s efforts to reconcile them.
Submit Documents: The marriage certificate and the IDs of both parties must be submitted.
Attend the Session: Both parties must attend the session at the Family Guidance Office and present the mutual consent divorce agreement. If the agreement is signed by a special legal representative, such as a lawyer from Samaha Legal Consultancy, their ID and special power of attorney must be attached.
Referral to Court: If reconciliation efforts fail, the case file and all its documents are transferred to the competent court.
Issuance of Judgment: Once the competent court confirms the parties’ desire for divorce and verifies that the required documents have been submitted, it issues the divorce judgment.

The mutual consent divorce agreement must contain the following clauses:

The parties’ agreement to amicably end the marital relationship.
A statement confirming any previous divorces between them or the lack thereof.
A decision on child custody for the appropriate party.
The financial obligations that the husband must pay to the wife after the divorce.
The wife’s rights after the mutual consent divorce is finalized.

Wife’s Rights after a Mutual Consent Divorce in the UAE

The wife’s rights after a mutual consent divorce are designed to achieve fairness and protect the rights of all parties. The most important of these rights are:

Alimony (Nafaqah): The wife is entitled to alimony during her waiting period (Iddah), as it is considered one of her fundamental rights.
Child Custody: If there are children, custody rights are determined based on the children’s best interests.
The law also gives great importance to the father’s right to see the children and the mother’s right to visitation if she is not the custodial parent.
Dowry (Mahr): The dowry is considered the wife’s right. If only a portion of it has been paid, she has the full right to claim the remainder.
Financial Settlement: The parties can agree on a financial settlement that includes any other rights, such as asset division or compensation for damages.
Legal Registration: It is very important to officially register the divorce agreement to guarantee each party’s rights in the future.

Sample Mutual Consent Divorce Agreement in the UAE

Samaha Legal Consultancy provides an ideal sample for a mutual consent divorce agreement as follows:

On this date: [Date], this agreement was concluded between the two parties:

First Party: Mr. [Name], the husband, of nationality [Nationality] and residing at [Address].
Second Party: Mrs. [Name], the wife, of nationality [Nationality] and residing at [Address].

Preamble: Whereas both parties wish to terminate their marriage contract, which is documented under No. [Number] on [Date], due to their inability to continue the marital life and having reached an impasse. Therefore, the parties have agreed as follows:

The preamble to this agreement is considered an integral part of it.
The First Party divorces the Second Party with a single divorce.
The Second Party receives the full deferred dowry and waives all her rights related to alimony and home furnishings.
Custody is granted to the Second Party.
The First Party must provide alimony for the child in the custody of the Second Party.
The First Party has the right to visit the child at the Second Party’s residence twice a week, on [Day] and [Day], from [Time] to [Time].
Decisions related to the child’s upbringing and education will be made jointly by both parties.
The Second Party does not have the right to travel with the child without the First Party’s consent.

This agreement has been prepared in two copies, with each party receiving one.

First Party (Husband): [Name] | Signature: [Signature] Second Party (Wife): [Name] | Signature: [Signature]

For assistance with all matters related to mutual consent divorce in the UAE and to ensure they are handled correctly, you can contact a specialized lawyer from Samaha Legal Consultancy.

November 9, 2025in Lawyers & Legal Consultants

Termination of a Sale Contract under UAE Law

What is the definition of termination of a sale contract under UAE law ?

Termination of a sale contract under UAE law, according to the legislation in the United Arab Emirates, is the cancellation of a valid contract due to a fundamental breach by one of the parties, resulting in restoring the situation to its state prior to the contract. Pursuant to Article 272 of Federal Law No. 5 of 1985 on Civil Transactions and its amendments, termination occurs under the following conditions:

A substantial breach by one of the contracting parties, such as failure to deliver the sold item or refusal to pay the agreed price.
Sending a formal notice to the breaching party, granting them a reasonable period to perform before requesting termination.
The breach must not be due to force majeure or a legitimate excuse beyond the control of the breaching party.

Conditions for Terminating a Sale Contract under UAE Law Due to Non-Delivery

To terminate a sale contract under UAE law, there are specific regulations ensuring a balance between the rights of the seller and the buyer, which the court verifies before issuing a judgment. These include:

Non-delivery is considered a substantial breach, especially if the seller was bound to deliver at a specific time and failed to do so.
The contract must be legally valid, meeting all essential requirements, and properly documented.
The buyer must serve the seller with a formal notice demanding delivery or termination, as required by Article 272 of the UAE Civil Transactions Law.
The breach must not be due to force majeure or an excusable circumstance.
The seller must have been obligated to deliver the sold item within the agreed time.
The seller must have delayed delivery beyond the agreed deadline.
The buyer must not have contributed to the failure of delivery.

Practical Examples of Termination of a Sale Contract in UAE Law

Examples include:

The court ruled that if the seller fails to deliver the sold item on the agreed date, the buyer has the right to terminate the contract without further justification.
If the sold item perishes before delivery due to force majeure, the contract is automatically terminated, and the seller must refund the price if it has been paid in advance.

Steps to File a Lawsuit for Termination of a Sale Contract in UAE Law Due to Non-Delivery

If the seller fails to fulfill their obligation to deliver, the buyer may file a lawsuit for termination under UAE law through the following steps:

Drafting a statement of claim including parties’ details, facts of the dispute, reasons for termination, and legal requests.
Attaching supporting documents such as a copy of the contract, proof of payment, and copies of notices or correspondence evidencing the breach.
Registering the lawsuit with the competent court either electronically or in person, and paying the prescribed fees.
Serving the defendant legally to notify them of the hearing date.
Attending hearings and submitting pleadings until a judgment is issued either granting termination or rejecting the claim.

When Does the Court Reject a Termination Claim in UAE Law?

Termination of a sale contract is not granted automatically; the court may reject the claim if the legal conditions of Article 272 of the Civil Transactions Law are not met, such as:

If the seller has been granted a contractual grace period for delivery and that period has not expired.
Filing the lawsuit before the due date of performance, making the claim premature.
Existence of a legitimate excuse or force majeure preventing performance, such as natural disasters or recognized unforeseen circumstances.

Legal Consequences of Termination of a Sale Contract under UAE Law

Termination of a sale contract results in restoring balance between the parties and stabilizing transactions, including:

Refund of the amount paid

the price is refunded to the party who paid it.
Compensation for damages

the aggrieved party has the right to claim compensation for losses caused by termination.
Restoration to the pre-contract position

both parties are returned to their state prior to the contract, and mutual obligations are nullified.

Sample Statement of Claim for Termination of a Sale Contract under UAE Law

When filing a lawsuit for termination, the claim must be drafted in a clear legal format pursuant to the UAE Civil Procedure Law. Example:

Case: Termination of a Sale Contract under UAE Law
To: The Court of First Instance
Plaintiff: Mr. ………, Address ………, represented by Attorney ………
Defendant: Mr. ………, Address ………

Subject

Termination of Sale Contract for Non-Delivery

Facts of the Case:

My client entered into a sale contract with the defendant to purchase a quantity of wheat. The agreement stipulated payment of 40% of the price upfront, after which the seller would deliver the wheat. Upon receipt and inspection, the buyer would pay the remaining 60% within 45 days of contract execution. My client paid the 40% as agreed. Upon expiry of the deadline, my client notified the defendant to deliver the goods to proceed with the remaining payment. However, the defendant delayed delivery and only supplied 30% of the agreed quantity, thereby breaching his contractual obligations. This entitles my client to request contract termination and compensation for damages incurred.

Requests

Judgment for termination of the contract between the parties.
Refund of the 40% payment and return of the delivered 30% quantity to the seller.
Compensation for material damages suffered by my client due to failure to fulfill related business commitments.
Ordering the defendant to bear all legal costs and attorney’s fees.

Respectfully submitted,
Dubai, Date: ………
Attorney ………
Signature ………

When Do You Need a Specialized Law Firm Such as Samaha Law Firm for Legal Consultations in Termination of Sale Contract Cases under UAE Law?

You may face complex legal situations requiring the expertise of a specialized lawyer to protect your rights and avoid procedural errors that may affect the outcome of your case. Such situations include:

Drafting notices or statements of claim.
Cases involving imminent limitation periods or disputes regarding dates or legal grounds.
Claims involving high-value compensation, where legal representation ensures proper evaluation and protection.

Filing a termination lawsuit under UAE law is an effective legal tool to protect the buyer when the seller breaches contractual obligations. It enables recovery of payments and claims for compensation under specific conditions and procedures. Understanding these requirements with the assistance of an experienced lawyer ensures proper handling and protection of rights, especially in high-value contracts. All these services are provided by Samaha Law Firm for Legal Consultations.

November 9, 2025in Lawyers & Legal Consultants

Intellectual Property Rights in the UAE

In the modern era, Intellectual Property Rights in the UAE have become one of the most important elements in all industries and economic activities. They safeguard the creator’s rights by protecting their creativity, whether in the form of ideas, artistic innovations, or modern technologies. Intellectual Property Rights in the UAE are considered a stimulus for innovation by providing the necessary legal guarantees. Protecting Intellectual Property Rights in the UAE is one of the priorities that support innovation and economic growth.

What are intellectual property rights in the UAE ?

Intellectual Property Rights in the UAE are a set of legal rights granted to creators and inventors, providing them with full legal protection for their creativity and innovations. These rights cover many essential areas such as:

Copyrights

These rights protect literary and artistic works such as books and music.
Patents

Protecting Intellectual Property Rights in the UAE through patents helps safeguard important technical innovations for inventors.
Trademarks

Intellectual Property Rights in the UAE protect trade names and logos.
Design Rights

The use of Intellectual Property Rights in the UAE ensures the protection of industrial designs.
Trade Secrets

Intellectual Property Rights in the UAE can be used to safeguard confidential information belonging to a company or establishment.

If you need legal consultation, you can always contact us at Samaha Law Firm for Legal Consultations.

How are Intellectual Property Rights in the UAE protected through the assistance of Samaha Law Firm for Legal Consultations?

Intellectual Property Rights in the UAE are preserved through several mechanisms that ensure protection, including:

Registration of Intellectual Property Rights in the UAE

The registration of patents, trademarks, copyrights, and industrial designs is carried out through the Ministry of Economy and the Federal Patent Office.
Proof of Ownership

Registering Intellectual Property Rights in the UAE contributes to proving ownership of rights and provides clear legal evidence in case of disputes.
Protection of Trade Secrets

Registering Intellectual Property Rights in the UAE ensures the safeguarding of trade secrets and confidentiality in accordance with UAE laws.
Compliance with International Agreements

The UAE follows the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, which provides international protection for registered rights.
Strict Legal Penalties

The UAE imposes financial fines and criminal penalties for any infringement of Intellectual Property Rights in the UAE, increasing legal protection and preventing violations.

These measures guarantee effective protection of Intellectual Property Rights in the UAE and encourage further innovation and development across all fields. With Samaha Law Firm for Legal Consultations, you can achieve this easily as we specialize in safeguarding Intellectual Property Rights in the UAE.

How are intellectual property rights registered in the UAE?

Although Intellectual Property Rights in the UAE are automatically protected once a work is completed (such as literary works or inventions), registering Intellectual Property Rights in the UAE offers stronger legal protection and more powerful tools for safeguarding these rights in case of disputes.

Steps for Registering Intellectual Property Rights in the UAE:

Copyright Registration
By registering copyrights in the UAE through the Ministry of Economy, individuals and companies can apply for a registration certificate online or at ministry offices. With Samaha Law Firm, the registration process can be completed quickly and legally.
Patent Registration
To register a patent, the inventor must submit an application to the Ministry of Economy, providing detailed and complete information about the invention and its effectiveness. Required documents may include a full description of the invention and technical drawings. Samaha Law Firm for Legal Consultations can complete this registration legally and accurately.
Trademark Registration
Trademarks are registered through the Ministry of Economy by submitting an application along with documents proving that the trademark is unique and exclusive. Once registered, the owner is granted the exclusive right to use it. Samaha Law Firm for Legal Consultations ensures this process is completed smoothly.
Industrial Design Registration
Industrial designs are registered through the Ministry of Economy by submitting clear drawings and representations of the products to be protected.

What are the consequences of violating intellectual property rights in the UAE?

Violating Intellectual Property Rights in the UAE is a serious legal offense with significant consequences. These consequences may include heavy fines and criminal penalties, as the country is committed to preserving Intellectual Property Rights in the UAE through various legal means. Examples include:

Criminal Penalties
Criminal penalties are the most severe, and in cases of piracy, counterfeiting, or illegal distribution of protected works under copyright, trademarks, or patents, offenders may face imprisonment of up to several years and fines exceeding AED 500,000 in some cases. According to Article 21 of the UAE Copyright Law, violators may be sentenced to up to 3 years in prison in addition to large fines.
Financial Fines
Heavy fines are imposed for violations, such as illegal copying of protected products, software, or literary works, which can reach up to AED 500,000 depending on the extent of damages caused. Rights holders also have the right to claim additional compensation.
Compensation for Damages
The victim of an infringement, such as an author, inventor, or trademark owner, may file a compensation lawsuit to recover damages, which may include financial losses, moral harm, or other damages.
Closure of Offending Businesses
In some cases, UAE authorities may impose strict measures against companies or individuals repeatedly violating Intellectual Property Rights in the UAE, such as shutting down businesses or revoking licenses if found distributing counterfeit products or violating patents or trademarks.
Restrictions on International Trade
Weak respect for Intellectual Property Rights in the UAE may lead to restrictions on exporting products or trademarks to other markets due to legal disputes.

Violating Intellectual Property Rights in the UAE is not to be taken lightly.
It carries severe legal consequences, including criminal penalties, heavy fines, and compensation claims. To safeguard your innovations and intellectual works, it is essential to register and preserve Intellectual Property Rights in the UAE under applicable UAE laws.

Contact Samaha Law Firm for Legal Consultations to ensure your innovations are properly registered and fully protected.