Labor Lawyer in the UAE

Labor Lawyer in the UAE

Labor Lawyer in the UAE, The United Arab Emirates has undoubtedly become an exceptional destination and the best choice for workers and skilled individuals seeking high income and better working conditions.

To maintain this distinguished position, the government has given unprecedented attention to the labor sector and its laws. This has created a need for a specialized labor lawyer in the UAE.

The Importance of Using a Labor Lawyer in the UAE

The modern world has brought about many new concepts and beliefs, one of which is specialization.

A generalist lawyer who handles various types of cases is no longer as desirable as they once were. The presence of a labor lawyer in the UAE, specialized in labor cases and laws, has become a matter of great importance.

Some people believe that the need for a labor lawyer in the UAE is limited and obvious only when a problem arises and a lawsuit is filed. This is a common misconception.View more The Best Legal Consultant in the UAE

This mindset demonstrates a lack of awareness of what a specialized and experienced labor lawyer in the UAE can offer. No matter how much you know about labor law, and no matter how many times you read your employment contract, you will not be able to perform legal procedures or act with the same expertise and confidence as a labor lawyer in the UAE. This is not to diminish your abilities or knowledge, but to highlight the deep understanding a labor lawyer in the UAE possesses—their expertise, academic training, and practical ability to navigate this profession, including its loopholes and complexities.

When you sign a new employment contract, you will certainly be able to read it and may understand your obligations and what you will receive. But are you sure that your contract is consistent with the labor law? Are you aware of all the details and benefits you could have requested and added to the contract? You may lose the right to claim them after signing the contract, without realizing that you could have requested them. This is what I am trying to clarify.

A specialized labor lawyer in the UAE can certainly provide you with legal advice that is tailored to your job, situation, and circumstances, and is based on the rights available to workers. A labor lawyer in the UAE will protect all your rights—especially if you are an employee—and will ensure the contract is drafted in a way that guarantees you enjoy all the benefits that the UAE provides to workers through its labor law.

Likewise, your impulse to file a lawsuit without consulting a labor lawyer in the UAE could cost you a lot and have a negative impact. In contrast, a labor lawyer in the UAE can take a different approach to resolve the dispute amicably with the employer. A labor lawyer in the UAE will strive to protect your position at work so that you do not lose your source of income. If an amicable settlement is not reached and the matter escalates to a lawsuit in the labor court, a labor lawyer in the UAE will certainly not hesitate to defend you skillfully in court.

We are well aware of how difficult it can be to find an experienced labor lawyer in the UAE who is capable of providing the necessary services. If you decide to consult a lawyer, Samaha Law Firm in the UAE will be your best and most suitable choice. Our labor lawyer in the UAE is one of the best labor lawyers in the country. Our labor lawyer in the UAE, along with the rest of our lawyers and consultants, forms an excellent and trustworthy legal team.

If you need a labor lawyer in the UAE, whether you are looking for a labor lawyer in the UAE in Sharjah, Dubai, Ajman, or Abu Dhabi, do not hesitate to contact us at Samaha Law Firm.The Best and Most Skilled Criminal Lawyer in the UAE

UAE Labor Law

The UAE Labor Law and its executive regulations constitute the fundamental pillar on which the labor court relies to review cases and issue judgments in the United Arab Emirates. We will provide a brief overview to illustrate the importance of the labor law and the key points it addresses.

  • Chapter One of the UAE Labor Law deals with general definitions, provisions of the law, and employment contracts.
  • Chapter Two includes provisions on employing workers and the employment of juveniles and women, demonstrating the law’s keenness to define the specific characteristics of workers in terms of nationality, gender, age, and abilities, while considering the employment of both juveniles and women.
  • Chapter Three of the law addresses the drafting of employment contracts, records of leaves, employee information, and the legal documentation of wages.
  • Chapter Four governs daily working hours, the conditions for employing workers for overtime, and the rights associated with it, namely the worker’s entitlement to overtime pay with an increase of no less than 50%.
  • The labor law also specifies the worker’s entitlements to leave based on various criteria, while taking into account exceptions for special circumstances such as illness and marriage.
  • The labor law does not compromise on clarifying the rules for worker safety and protection from danger at work, how to compensate for injuries, and providing social and health care in the UAE.
  • The law also clarifies the termination of the employment relationship, the conditions for ending and renewing an employment contract, and other provisions related to end-of-service gratuity.

Ultimately, these few lines in a single article are insufficient to provide comprehensive information about the labor law. Therefore, if you need additional information from a labor lawyer in the UAE, you can contact us or visit us at Samaha Law Firm.Get a free consultation via WhatsApp

Our article may not be enough to fully explain the importance of labor law and the role of a labor lawyer in the UAE. However, we have aimed to provide you with what is necessary to broaden your perspective on this legal field.View more The Best Law Firm in Dubai

 

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The New Personal Status Law in the UAE

The New Personal Status Law in the UAE

The New Personal Status Law in the UAE, On the social, economic, and family levels, the development the UAE is experiencing as a result of technology in all aspects of life has highlighted the need to amend the old Personal Status Law (Federal Law No. 28 of 2005). The new Personal Status Law was therefore issued as Federal Decree-Law No. 41 of 2024. The new law has adopted the principles of Islamic Sharia, while considering both its constants and variables. The new Personal Status Law in the UAE has adopted Islamic Sharia provisions regarding marriage and its pillars, such as offer and acceptance, as well as its conditions, including the designation of the spouses, the absence of a perpetual or temporary prohibition of marriage, the wife’s full consent to the marriage, and the requirement of the guardian’s approval. By contacting a specialized law firm like Samaha Legal Consultancy, you can understand all these details in their full legal form.

At the same time, the new Personal Status Law has worked to expedite the procedures for concluding a marriage contract. It has emphasized the necessity of documenting the contract within a short period, otherwise, the husband will be subject to a penalty, and the wife will be granted the right to claim alimony from the date of the marriage until the date of its documentation.

As for the provisions on divorce, the new Personal Status Law has set a time limit to prevent divorce cases from dragging on in court. For example, it has set a time frame within which the wife has the right to refile a lawsuit for divorce due to harm and discord if the original lawsuit is rejected, which is six months from the date of the judgment or from the date it becomes final, whichever is later. The new law has also activated mediation for resolving family problems, in accordance with the provisions of Article 8 of the law. The supervising judge has the right to refer the case to a center to resolve the dispute through amicable means before it reaches court.

If an amicable settlement is reached, it is recorded in a report signed by the parties, the specialist center member, and the family counselor. The report is then endorsed by the supervising judge and has the force of an enforceable writ. It cannot be challenged in any way unless it violates the provisions of the law.View more Petition for Reconsideration

As for inheritance rules, the new Personal Status Law in the UAE has confirmed the application of Islamic Sharia provisions in this regard, clarifying the reasons for inheritance and how inheritance is distributed, whether by fixed share, residuary, both, or by blood relatives. Samaha Legal Consultancy can help you understand everything related to divorce and inheritance provisions in a legal and sharia-compliant manner.

What Are the Rights of Children and Child Custody According to the New Personal Status Law in the UAE?

The texts of the new Personal Status Law in the UAE guarantee the rights of children, especially after the separation of the spouses, as well as during the marriage. The new law has worked to protect children as much as possible in the event of disputes or separation between the spouses. Among the important amendments regarding custody, we note that the old law set a long order for custody that the judge was obligated to follow. However, the new Personal Status Law in the UAE has specified the custodians to only four main individuals: the mother, then the father, then the maternal grandmother, then the paternal grandmother, and then whoever the judge deems appropriate in the best interest of the child. Significant amendments have also been made to the custody conditions, the most important of which is that the custodian must not be a drug user. It also made the end of the custody period when the child reaches the age of 18, unlike the old law which ended the mother’s custody when the male child reached 11 and the female child reached 13. By contacting Samaha Legal Consultancy, you can understand everything related to the child’s rights in a complete and legal manner according to the new Personal Status Law in the UAE.

As for alimony, the new Personal Status Law in the UAE has confirmed spousal alimony, child alimony, parental alimony, and relative alimony. It has also confirmed the application of a judgment to increase alimony retroactively for no more than six months from the date of the judgment’s issuance, while a judgment to decrease alimony is not retroactive and is effective only from the date of its issuance. Regarding alimony, a specialized law firm like Samaha Legal Consultancy can help with all these matters in the appropriate and legal way.

It is notable that the new Personal Status Law in the UAE has focused on ensuring the rights and well-being of children by defining the conditions for custody in a way that ensures they are cared for by the most competent person, and by setting sufficient alimony that includes basic expenses for education, medical care, housing, clothing, and food.View more Early Termination of a Lease Agreement in the UAE

Cases of Foreign Residents in the UAE

The new Personal Status Law in the UAE has established a very important principle regarding foreign residents in the UAE who have personal status disputes. It has given them the right to either accept litigation according to the provisions of the new Personal Status Law in the UAE or to insist on the application of their own national law from their home country. The new Personal Status Law in the UAE went even further by allowing them to litigate according to the provisions of any other law agreed upon between them, provided that the legislation in force in the UAE permits it. Consequently, a Muslim resident has the right to litigate according to the provisions of the new Personal Status Law in the UAE or the law of their home country, but they do not have the right to litigate according to the provisions of the Civil Personal Status Law (Federal Decree-Law No. 41 of 2022). Even in such cases, Samaha Legal Consultancy can help you with all the legal details to ensure all your rights are protected.

What Are the Details of Competent Courts and Judicial Procedures?

The new Personal Status Law in the UAE confirmed that state courts are competent to hear personal status cases filed by citizens or foreigners who have a place of residence or work in the country. The law has granted jurisdiction to the court in whose jurisdiction the defendant’s residence or place of work is located. Personal status courts, regarding litigation procedures, are subject to the provisions of the UAE Civil Procedures Law, and the issuance of judgments and appeals are subject to the new Personal Status Law in the UAE in cases of appeal, cassation, and petition for reconsideration. Given the sensitivity of judgments issued in personal status matters, the majority of them are subject to immediate enforcement, especially those related to alimony and custody.

However, the new Personal Status Law in the UAE has provided alternatives to the courts due to the sensitivity of personal status matters and the need to handle them confidentially. This includes the establishment of the Family Guidance and Reconciliation Center, where the new Personal Status Law in the UAE gives the supervising judge the right to refer the case to the center to resolve the dispute through amicable means before judicial rulings are issued. The reconciliation reports, which are signed by the parties, the center, the specialist center member, and the family counselor, and endorsed by the supervising judge, have also been given the force of an enforceable writ and cannot be challenged in any way unless the reconciliation violates the provisions of the new Personal Status Law in the UAE. To understand all these details and specialized legal procedures, you can contact Samaha Legal Consultancy.

What Are the Social and Legal Challenges in Applying the New Personal Status Law in the UAE?

There are many social challenges facing the application of the new Personal Status Law in the UAE. For example, society has become accustomed to the old law, especially regarding procedures, and therefore, it needs more time and a lot of legal awareness to accept the new procedures. As for the legal challenges, they include the difficulties faced by legal professionals, including judges and lawyers, in applying the provisions of the new Personal Status Law in the UAE in line with the state’s vision of developing legislation and ensuring human rights in the UAE.View more The Best Legal Consultant in the UAE

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in Personal Status Cases?

A specialized lawyer like Samaha Legal Consultancy plays an important role in handling all matters related to personal status, including marriage, divorce, inheritance, estates, alimony, and custody. A specialized lawyer from Samaha Legal Consultancy works to spread legal awareness regarding the new Personal Status Law in the UAE and provides legal consultations in all cases presented to them.

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Petition for Reconsideration in UAE Law

Conditions and Procedures for a petition for reconsideration in UAE Law

The petition for reconsideration in UAE Law before the UAE Supreme Court in the legal system of the United Arab Emirates is one of the exceptional legal remedies that allows a convicted person to review final judgments that have acquired absolute legal force.

This method may be used in certain cases where specific legal reasons exist, such as a serious error, fraud, forgery, or the emergence of new evidence that was not available during the trial which issued the judgment in question.

What is a petition for reconsideration before the UAE Supreme Court ?

Within the UAE judicial system, the petition for reconsideration in UAE Law (Criminal Cassation Chamber) represents a non-ordinary appeal mechanism that permits a party to reopen a case that has already been decided. When grave mistakes appear, or new evidence surfaces that was not previously available, the law allows the reopening of the case to restore justice under the provisions of the UAE Criminal Procedure Law.

Conditions for accepting a petition for reconsideration before the UAE Supreme Court

For your petition to be accepted, both procedural and substantive conditions must be met:

  • Procedural conditions

    The petition must be submitted within the legally specified timeframe (usually within 3 months of discovering the reason for the petition). It must be filed through a written memorandum with the Public Prosecution and then referred to the Criminal Cassation Chamber.

  • Substantive conditions

    The petition must be based on one of the legal grounds such as fraud, forgery, or the emergence of new decisive evidence.

Procedures of filing a petition for reconsideration before the UAE Supreme Court

The process of filing a petition for reconsideration in UAE Law follows several organized legal steps beginning with the submission of the request to the Federal Public Prosecution as the competent authority under Article (190) of Federal Law No. 35 of 1992 on Criminal Procedures and its amendments. Key steps include:

  1. Preparing a detailed legal memorandum clearly explaining the reasons for the petition for reconsideration before the UAE Supreme Court, with supporting documents such as prior judgments, new evidence, or proof of fraud/forgery.

  2. Submitting the memorandum to the Federal Public Prosecution either electronically or in paper form, including the basic information of the plaintiff and defendant.

  3. The Prosecution examines the request and, if legally valid, refers it to the Supreme Court.

  4. The Supreme Court reviews the request and either accepts it to proceed with reconsideration or rejects it if legal requirements are not met.

  5. Only parties to the final judgment can file the petition, and it is allowed only if the judgment is final and not subject to other ordinary appeals.

Seeking assistance from a specialized law office such as Samaha Law Firm for Legal Consultations in such matters is crucial to ensure compliance with formal and substantive requirements and to increase the likelihood of acceptance.

Judgments eligible for a petition for reconsideration before the UAE Supreme Court

A petition for reconsideration before the UAE Supreme Court may only be filed against final judgments, provided that:

  1. The judgment was based on forged documents or testimony.

  2. It contains material errors or contradictions.

  3. It was issued against a person who was not properly represented.

  4. It caused serious harm not legally corrected at the time of issuance.

Fees for filing a petition for reconsideration before the UAE Supreme Court

The fees for filing a petition for reconsideration in UAE Law are symbolic compared to the importance of this legal remedy.

The UAE Ministry of Justice has set the filing fee at only AED 20, payable through official electronic platforms when submitting via the Public Prosecution or competent court.

However, these fees do not cover other expenses such as attorney fees or document preparation, making consultation with Samaha Law Firm for Legal Consultations essential before filing.

Legal grounds for a petition for reconsideration before the UAE Supreme Court

The main grounds include:

  1. Fraud that influenced the judgment.

  2. Testimony or documents proven to be forged after the ruling.

  3. Emergence of important documents not available at the time of trial.

  4. A judgment granting more than what was requested or ruling on issues not requested.

  5. Contradictions within the judgment itself.

  6. A ruling against a person not legally represented.

  7. Failure to include a necessary party who would have been directly affected by the judgment.

Judicial precedents of petition for reconsideration before the UAE Supreme Court

Judicial precedents show that UAE courts take the petition for reconsideration before the UAE Supreme Court seriously whenever its legal grounds are met.

For example, a case in Ras Al Khaimah in 2007 involved a defendant filing a petition after a deportation order was issued against him. He submitted documents proving lawful entry into the country before the alleged crime.

The Supreme Court accepted the petition and annulled the judgment, reflecting the flexibility of the UAE judiciary in correcting decisions when new evidence emerges.

Role of lawyers in a petition for reconsideration before the UAE Supreme Court

A specialized lawyer plays a vital role by:

  • Assessing the validity of the petition.

  • Drafting the petition in precise legal form.

  • Filing the case and attending hearings.

  • Ensuring proper notification of all parties.

  • Following up on the outcome, whether annulment, retrial, or acquittal.

Filing a petition for reconsideration before the UAE Supreme Court is an exceptional legal step that requires deep understanding of procedural and substantive rules. By meeting all conditions and submitting within the legal deadlines, a convicted person may pursue justice.

For the best chance of success, consulting Samaha Law Firm for Legal Consultations ensures accurate preparation and strong representation in these critical cases. Contact Us.

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Learn about mediation options for dispute resolution in the UAE to avoid courts

Learn about mediation options for dispute resolution in the UAE to avoid courts

The UAE has established itself as a global hub for business and living, necessitating a robust, efficient, and equitable framework for addressing legal conflicts. Recognizing the critical need for swift justice and the preservation of commercial relations, the nation has significantly evolved its legal infrastructure.

This article delves into the comprehensive approach to Dispute Resolution in the UAE, which strategically extends beyond traditional courtroom litigation.

The focus is placed squarely on the streamlined processes, including the pivotal role of specialized committees and the promotion of amicable settlements.

We will explore how the UAE’s system—from the establishment of Commercial and Labor Dispute Resolution Committees to the availability of mediation and arbitration—is designed to facilitate access to justice, minimize financial burdens, and provide timely, tailored solutions for every type of dispute.

Understanding these multifaceted legal avenues is essential for anyone operating within the Emirates, and this guide will outline the key procedures and highlight the indispensable support provided by a specialized lawyer throughout the journey.

Dispute Resolution Methods in the UAE: The Role of Specialized Committees and Amicable Settlement

To ensure greater efficiency in dispute resolution in the UAE and to facilitate access to justice, the UAE has a flexible and smooth legal system that helps resolve disputes before resorting to courts. For this reason, specialized committees and centers for dispute resolution have been established for various types of disputes, including:

  1. Commercial Dispute Resolution Committees: These committees work to resolve commercial disputes between companies or between companies and individuals in a swift, effective, and secure manner.
    This ensures the stability and continuity of commercial relations and reduces the negative impact of disputes on the economy.
  2. Family Dispute Resolution Committees: Family committees handle many issues like divorce, alimony, and child custody through guidance sessions aimed at reaching amicable solutions that benefit all parties, especially children.
  3. Settlement and Reconciliation Committees: These committees are used to resolve disputes that are not complex.
    They work to settle disagreements between individuals informally and quickly, which helps maintain social relationships.
  4. Labor Dispute Resolution Committees: These committees resolve disputes between workers and employers and work to find solutions in labor issues such as wages, leave, and work rights. This strengthens workers’ rights and contributes to a stable work environment.

These dispute resolution committees in the UAE aim to provide amicable solutions to avoid escalating to court, which reduces financial and psychological burdens. If a settlement cannot be reached, the dissatisfied party can request a no-objection letter from the relevant committee or center and then file a lawsuit with the court.

In such cases, you can contact the Samaha Law Firm for Legal Consultations to facilitate the dispute resolution process legally and accurately.

Legal Procedures for Dispute Resolution in the UAE

The UAE continuously works to improve its legal environment and increase transparency and justice in dispute resolution through precise federal and local laws. The most important legal procedures for resolving disputes in the UAE are:

  • Filing a Lawsuit: A lawsuit is filed with the competent court based on the type of dispute and its financial value. The necessary documents are attached, and the required court fees are paid. You can file a lawsuit with the assistance of the Samaha Law Firm for Legal Consultations.
  • Notifying the Defendant: After the lawsuit is filed, the defendant is notified through legally approved notification methods. The law gives the defendant a specific legal period to respond to the lawsuit and present their defenses and evidence.
  • Preliminary Hearings: The purpose of these hearings is to improve communication and achieve mutual understanding, if possible, before moving to a formal legal trial.
  • Investigation and Evidence Stage: During this phase, witness testimonies are heard, evidence is submitted, and technical or legal expertise may be requested if necessary.
  • Issuing the Court Judgment: After all investigation and evidence stages are completed, the competent court issues its judgment based on the evidence and information provided by the affected party.
  • Mediation and Arbitration: If the disputing parties cannot reach an amicable settlement before going to court, they can resort to mediation or arbitration as an alternative to traditional litigation.
  • Amicable Settlement: The parties can reach an amicable settlement by cooperating with a specialized lawyer like those at the Samaha Law Firm for Legal Consultations or certified mediators to resolve the dispute without the need for lengthy judicial procedures in court.

How a Lawyer Can Help in Dispute Resolution in the UAE

A lawyer plays a crucial role in dispute resolution due to their legal expertise in guiding parties to the best options for resolving a dispute effectively and quickly. Here’s how a specialized lawyer from a firm like Samaha Law Firm for Legal Consultations can help you:

  • Providing Appropriate Legal Consultations and Options: A lawyer begins by analyzing the dispute and evaluating the client’s legal position, then suggests the most suitable methods for resolution. The Samaha Law Firm for Legal Consultations provides excellent legal advice to clarify the available options.
  • Drafting Required Legal Documents: A specialized lawyer prepares claims and memorandums, ensuring their legal and formal validity. The Samaha Law Firm for Legal Consultations can help you draft and create all required legal documents.
  • Collecting Appropriate Evidence and Documents: A specialized lawyer helps in gathering the necessary documents and testimonies to strengthen the client’s position before the competent judicial authorities.
  • Legal Representation: A specialized lawyer from a firm like Samaha Law Firm for Legal Consultations attends court or arbitration hearings and pleads orally or in writing on behalf of their client.
  • Supervising Amicable Settlement Procedures: A specialized lawyer or their representative participates in negotiations and drafts settlement agreements, ensuring all of their client’s legal rights are protected.
  • Preparing Appeal and Objection Requests: A specialized lawyer from a firm like Samaha Law Firm for Legal Consultations submits appeals against unfavorable judgments, supporting them with appropriate legal evidence.
  • Assisting the Client in Alternative Methods: A specialized lawyer assists their client during mediation or arbitration, ensuring compliance with procedures, contracts, and the law.
  • Following Up on Judgment Enforcement: A specialized lawyer follows up on the enforcement of judgments with the competent authorities to ensure rights are fully and legally collected by their owners.

What are the methods of dispute resolution in the UAE?

Disputes in the UAE can be resolved through traditional means like courts or through amicable means like arbitration, mediation, or by resorting to specialized committees such as commercial or labor dispute resolution committees.

What is the role of specialized committees in dispute resolution in the UAE?

Specialized committees in the UAE play an important role in settling disputes by providing alternatives to courts like mediation and arbitration. They offer a fast and effective legal environment for settling commercial, labor, rental, and family disputes, which helps reduce judicial pressure and burdens and provides appropriate solutions for the parties.

What is the role of the labor committees in dispute resolution in the UAE?

Labor committees in the UAE work to resolve disputes between workers and employers amicably.
Complaints are filed, and an attempt is made to reach a solution within a short period. If a solution is not reached, the case is referred to the court for consideration according to the legal procedures stipulated by the competent courts.

it is clear that the system for Dispute Resolution in the UAE has evolved into an integrated and flexible framework.
This system is not limited to the traditional judicial route but also includes effective alternative solutions via specialized committees (commercial, family, labor).

The Claim for Delivery in the UAE remains an indispensable legal tool for ensuring adherence to the binding force of contracts and restoring rights, particularly after reciprocal obligations have been fulfilled.

Successfully navigating these procedures—whether through filing or defending a Claim for Delivery, or resorting to mediation and arbitration—requires a deep understanding of the laws and protocols in the country.

This is where the pivotal role of a specialized lawyer emerges, Engaging the expertise of a focused law firm, such as Samaha Legal Consultancy, guarantees accurate analysis of the legal standing, preparation of necessary documents, and effective legal representation before various committees and authorities involved in Dispute Resolution in the UAE.

This ensures follow-up on the execution of judgments and the complete and swift recovery of rights. Contact Us.

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Termination of a Lease Agreement in the UAE

Termination of a Lease Agreement in the UAE | Samaha

Many people wonder about how to terminate a lease agreement in the UAE and the necessary procedures to do so. If you are a landlord or a tenant who, due to certain circumstances, needs to terminate a lease agreement in the UAE, you can follow this article to learn more about the essential procedures and other important details that may be provided by a law firm like Samaha Law Firm, which specializes in this field in the UAE.

Terminating a Lease Agreement in the UAE

According to UAE law, a lease agreement is a binding contract for both parties. The landlord is obligated to allow the tenant to benefit from the leased property as agreed upon between them, or according to the designated purpose of the property or the prevailing custom for its use.

A lease agreement is also a contract of consideration, involving an exchange of the benefit from the leased property by the landlord for the rent paid by the tenant.

Despite being a binding contract for both parties, governed by the principle of “the contract is the law of the contracting parties” and regulated by the UAE rental law, the contract can be void or voidable according to the provisions of the UAE Civil Transactions Law.

Therefore, either party to the contract can demand the termination of a lease agreement in the UAE if the contract suffers from a defect of consent, such as fraud, exploitation, coercion, or substantial discrepancy.

Either party also has the right to request the termination of a lease agreement in the UAE if the other party breaches their contractual and legal obligations.

Read more: The Best Law Firm in Dubai

Termination of a Lease Agreement by the Tenant

A tenant has the right to request the termination of a lease agreement in the UAE before the Rental Disputes Settlement Committee if the landlord fails to fulfill their contractual and legal obligations. In this case, the tenant can terminate the lease and claim compensation.

The tenant may also continue the lease and request a rent reduction that is proportionate to the decrease in the benefit from the leased property.

This applies if the landlord fails to hand over the property to the tenant, hands it over in a way that makes it unusable, or does not carry out the necessary repairs to the property.

If you need legal advice, you can contact us at Samaha Law Firm for legal consultations, conact us via WhatsApp or Phone +971544447773

Termination of a Lease Agreement by the Landlord

A landlord has the right to request the termination of a lease agreement in the UAE before the Rental Disputes Settlement Committee if the tenant breaches their contractual or legal obligations. This type of termination by the landlord is known as eviction.

The process for a landlord to terminate a lease agreement in the UAE is done by filing an eviction lawsuit before the Rental Disputes Settlement Committee in the following cases:

  • If the tenant fails to pay the rent due within the specified deadline, the lease agreement can be terminated.
  • If the tenant assigns the lease or subleases the property, the lease agreement can be terminated.
  • If the tenant occupies the property with a number of people that exceeds the recognized limit for housing.
  • If the tenant uses the property in a way that violates the agreed-upon terms of use or causes clear damage to the property.
  • If the tenant uses the property in a way that violates public order and morals.
  • If the property owner needs to demolish the property and rebuild it, provided they obtain the necessary licenses and grant the tenant a six-month notice period from the date the licenses are issued.
  • If the property owner wants to occupy the property themselves and does not own another suitable property for residence.

Procedures for Terminating a Lease Agreement in the UAE

The rental law clarifies how to terminate a lease agreement in the UAE, allowing both the landlord and the tenant to request its termination and non-renewal. They can also claim compensation for the termination of the lease agreement.

All of this is without prejudice to terminating the lease agreement by mutual consent, as “the contract is the law of the contracting parties.” The parties can terminate the lease by mutual agreement and end their contractual relationship by their own free will, provided they are qualified to do so.

Read more: The New Personal Status Law in the UAE

Terminating a Lease Agreement by Mutual Agreement

You may wonder if a landlord has the right not to renew the contract. The answer is yes. Both the landlord and the tenant can agree to end the rental relationship amicably and by mutual agreement, provided they comply with the conditions for a new lease termination:

  • The lease agreement must be terminated according to the specific form provided by the UAE.
  • The landlord and the tenant must sign and stamp this form.
  • The required data must be filled out in the form, and a commitment must be made that it is correct. This includes, in particular:
    • The name of both the landlord and the tenant, their personal identity details, and their addresses.
    • The number of the leased property and the real estate area where it is located.
    • The number of the lease agreement to be terminated.
    • The start and end dates of the lease agreement.
  • No information in the form should be modified so that it is not canceled by the municipality.
  • The termination fee for the lease agreement must be paid.

The Difference Between the Expiration and Termination of a Lease Agreement in the UAE

The expiration of a lease agreement refers to the end of the specified term of the contract, as per the agreement’s terms. The termination of a lease agreement, on the other hand, can happen at any time, either due to legal reasons that prompt one of the parties to terminate the contract or through a direct agreement between them.

According to the rental law in the UAE, a lease agreement expires at the end of the agreed-upon period. The law stipulates that a lease agreement is automatically renewed for a similar period if neither party notifies the other of their desire to non-renew the lease agreement in the UAE and vacate the property.

We have presented everything regarding the termination of a lease agreement in the UAE. If you need legal advice, you can contact us at Samaha Law Firm for legal consultations, conact us via WhatsApp or Phone +971544447773.

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Marriage Contracts in the UAE

Marriage Contracts in the UAE

Marriage contracts in the UAE have many legal and social aspects that must be followed. In this article, we will present information about marriage contracts in the UAE, focusing on various important details related to them.

A marriage contract in the UAE can be considered the legal cornerstone for forming a new family and for bringing children into that family. The law protects the rights of both spouses and their children. All residents in the country can complete a marriage contract in the UAE, regardless of their nationality or religious beliefs.

For legal assistance with a marriage contract in the UAE, you can contact us at Samaha Law Firm.

General Requirements for Executing a Marriage Contract in the UAE

  1. Mutual Consent: Both parties must give their consent to the marriage. The marriage must be based on the free will of the concerned parties without any coercion.
  2. Valid Residency: The parties to the marriage contract (the husband, wife, or the wife’s guardian) must have a valid residency visa in the UAE. Both spouses must present their personal identification and passport to confirm their identity and visa status. The couple must be residents of the United Arab Emirates.
  3. Medical Fitness Certificate: The couple must provide a medical fitness certificate for marriage, which is issued by a medical center accredited by the Ministry of Health and Prevention.

Steps for Preparing an Electronic Marriage Contract in the UAE

You can complete a marriage contract in the UAE electronically through these steps:

  1. Log in to the electronic services portal.
  2. Go to “Submit Application” and upload all the required documents.
  3. Pay the required fees through the available electronic payment gateway.
  4. After the payment is received, the application will be accepted and reviewed by the responsible authority.
  5. Receive the marriage contract electronically.

Authentication of a Marriage Contract in the UAE

To authenticate a marriage contract in the UAE, or specifically in Dubai, and prove the continuity of the marriage, you must follow these steps:

  1. Gather Personal IDs: Collect the personal IDs of both the husband and wife. You must ensure that both IDs are valid to authenticate the marriage contract.
  2. Original Marriage Contract: Gather the original marriage contract. The contract must be valid and not have been altered in any way.
  3. Birth Certificates: Collect the birth certificates of both spouses. If you have children, you will also need to collect their birth certificates.
  4. Submit the Authentication Request: This request must be filled out and signed in the presence of an authorized marriage official. The required form can be obtained from the competent authority.
  5. Review Process: After submitting the request, the file will be reviewed by the judge or the competent person. You may be asked to provide more documents or clarifications.
  6. Approval and Certification: Upon approval of the marriage contract authentication request, the contract will be signed and certified by the judge and sealed with an official stamp. You will receive an authenticated copy of the contract that proves the continuation of the marriage.

If you need more legal consultations regarding marriage contracts in the UAE, we recommend that you contact a specialized law firm like Samaha Law Firm.

Read more: Personal Status and Family Law

Sample Marriage Contract in the UAE

Preparing a marriage contract form in the UAE requires accurately clarifying the details of the contract parties and witnesses, all agreed-upon terms, and the amount of the dowry. All these details are documented in the marriage contract, and a declaration is made that there are no legal or religious impediments to the marriage. The contract follows this format:

Title: Legal Marriage Contract

In the name of Allah, the Most Gracious, the Most Merciful

This contract was prepared on the day… corresponding to ../../..

I, … , the marriage contracts official in …, held a legal session at the home of …, where the legally competent parties appeared:

Groom: …, Place and Date of Birth: …, Place of Residence: …, Nationality: …, National ID: ..

Bride: …, Place and Date of Birth: …, Place of Residence: …, Nationality: …, National ID: ..

Also present with them were the Bride’s Guardian: …, National ID: …, and the Contract Witnesses: Mr. …, and Mr. ….

The parties declared in this session their desire to enter into a marriage contract with their consent and the consent of the bride’s legal guardian, according to the provisions of Islamic Sharia and the UAE Personal Status Law, for a prompt dowry of …, and a deferred dowry of …

This is after their declaration that there are no legal or religious impediments preventing their marriage, and they pledged to all the consequences of this marriage.

The Groom/Bride has stipulated on … (any agreed-upon conditions, provided that no condition permits what is forbidden or forbids what is permitted).

The two witnesses mentioned above have reviewed all that has been stated and have attested to and affirmed its validity. The parties have acknowledged that they bear full legal and religious responsibility if anything contrary to this appears.

Based on the foregoing, and after verifying the documents and confirming there are no impediments, I have, by the grace of God, concluded the marriage contract between the mentioned parties, registered it with the number …, and signed it as per the law.

May the blessings of Allah be upon Muhammad and his family and companions.

Husband or his Agent:

Wife or her Agent:

Legal Guardian:

First Witness:

Second Witness:

Official (Ma’zoun):

We have provided you with important and clear details about marriage contracts in the UAE. If you need more legal consultations regarding marriage contracts, contact us at Samaha Law Firm, conact us via WhatsApp or Phone +971544447773.

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Early Termination of a Lease Agreement in the UAE

Early Termination of a Lease Agreement in the UAE

Early Termination of a Lease Agreement in the UAE

Many reasons can lead you to terminate a lease agreement early in the UAE, but you also need to consider the consequences. You can’t simply break a contract without facing a penalty or bearing the results. However, there are services that can help you with the process of an early lease termination in the UAE.

Details of Early Lease Termination in the UAE

Life is full of unexpected situations that can force us to change our plans and make quick decisions. Similarly, many people may need to terminate their lease agreement early in the UAE due to an unforeseen circumstance. Since this is a common situation, many tenants and landlords agree to an early termination by mutual consent.

The service of early lease termination in the UAE has become common, where parties agree to end the lease amicably, without problems or penalties.

During a lease agreement in the UAE, certain laws and clauses must be included in the contract. The contract must be written and authenticated by specialized institutions, and both parties must agree to all clauses and regulations for the contract to be valid.If a tenant wants to terminate the contract, they must speak with the landlord about it. This is where the early lease termination by mutual agreement service comes in. Read More The Best Legal Consultant in the UAE

It is not possible to file a complaint for this issue. Some contracts may not clearly state the clauses, but the law stipulates that a valid contract cannot be terminated by one party alone.

Neither the tenant nor the landlord can terminate a valid contract on their own. Instead, they must reach a mutual agreement, which may involve paying a fine mentioned in the contract. The early lease termination service can help negotiate a lower fine through an agreement and compensation.

A common practice in such situations is for the tenant to either find a replacement tenant for the property or pay the fine to compensate the landlord for the early termination.

early termination of the lease agreement in the UAE

After an agreement is reached, the legal procedures must be followed. This is done by going to an authorized online service or a notary center that handles real estate services to finalize the early termination of the lease agreement in the UAE.

The lease agreement can be terminated instantly when using the online service, and there are no fees for this process.

However, if the contract is canceled through an authorized notary center, the early lease termination in the UAE may take a few hours and requires a fee of 40 AED.Read more The Best and Most Skilled Criminal Lawyer in the UAE

If you need to consult a lawyer about the process of early lease termination in the UAE, Samaha Law Firm is your best choice in the UAE.

Mandatory Conditions for Early Lease Termination in the UAE

For either party (tenant or landlord) to be able to terminate a lease agreement early in the UAE, they must follow the necessary procedures and give the other party their due rights.

This is in accordance with the Rental Law and the terms and conditions stated in the contract. You must adhere to these to successfully terminate the lease early. The conditions are as follows:

  • If the contract has an indefinite term, the tenant must inform the landlord of their desire to terminate the contract after 90 days from its start.
  • If both parties agree to terminate the lease agreement early in the UAE, this process must be officially documented and registered through the UAE’s authentication service.
  • If there is no mutual agreement on the termination and documentation, it must be done through a competent court.
  • All data stated in the contract and any changes must be authenticated.
  • All empty fields in the contract must be crossed out to prevent adding any unagreed-upon information.
  • If the tenant terminates the lease early, they must find a new tenant to replace them to compensate the landlord or pay the fine specified in the contract.

Does a tenant have the right to terminate the lease early in the UAE?

Looking at the UAE’s real estate laws, a tenant does not have the right to terminate a lease agreement early in the UAE unless they have reached an agreement with the landlord that protects the rights of all parties.

When can a tenant terminate a lease agreement early in the UAE?

There are many situations where a tenant can terminate a lease agreement early in the UAE, such as when the tenant finds the landlord to be unsuitable. Also, if the landlord passes away, the heirs have the right to request the early termination of the lease agreement in the UAE. Read more The Best and Most Skilled Corporate Lawyer

We have provided all the information we have regarding the early termination of a lease agreement in the UAE. We have presented this information honestly and transparently.

However, the information provided here does not substitute for seeking legal advice from a specialized law firm that is knowledgeable about the law and can assist you further with the process of early lease termination in the UAE, such as Samaha Legal Consultants, conact us via WhatsApp or Phone +971544447773.

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The Best Legal Consultant in the UAE

The Best Legal Consultant in the UAE

According to statistics, the demand for legal consultations in the UAE is continuously increasing. The legal environment in the country requires a deep understanding of local laws and regulations, and the Legal Consultant in the UAE plays a crucial role in offering the necessary legal guidance to individuals and companies within the UAE legal landscape. At Samaha Law Firm for Legal Consultations, we aim to shed light on the specialties and types of Legal Consultant in the UAE, including the kinds of legal consultations and the key roles they perform—such as offering legal advice, supporting negotiations and settlements, shaping legal policies and procedures, representing clients in courts, and safeguarding their legal interests.

Who is the Legal Consultant?

A Legal Consultant in the UAE is a professional who offers legal assistance and advice to individuals and organizations. Their primary mission is to apply their deep knowledge of the law to provide proper guidance, direction, and legal analysis. Their work is designed to protect the interests of those seeking their legal insight. Through strategic legal problem-solving, the Legal Consultant in the UAE delivers the best possible legal solutions, ensuring clients’ rights are protected and legal responsibilities understood—thus preventing legal violations and liability.

What Are the Types of Legal Consultants?

Each legal issue requires a Legal Consultant in the UAE specialized in the relevant field. Their role involves analyzing and interpreting legal issues to deliver the most appropriate legal advice. Choosing the right Legal Consultant in the UAE depends on the type of case or challenge you face. Samaha Law Firm for Legal Consultations outlines the most prominent types:

1. Real Estate Legal Consultant

This specialist handles all legal services related to resolving real estate disputes. The Legal Consultant in the UAE in this field drafts contracts of sale and purchase, ensures the rights of both seller and buyer are protected, and reviews contractual clauses, correcting them when necessary.

2. Marketing Legal Consultant

This professional provides legal advice to commercial marketing institutions. The Legal Consultant in the UAE evaluates contracts and marketing agreements to ensure compliance with local and international regulations, much like a commercial lawyer overseeing recommendations and rectifying inconsistencies.

3. Business Legal Consultant

Specializing in business legal matters, the Legal Consultant in the UAE supports individuals, companies, and institutions in understanding and complying with applicable laws. They guide decision-making through legal interpretation and offer insight into commercial compliance and regulatory frameworks.

What is a Legal Consultation, and Why is it Important?

A legal consultation is the process of seeking expert legal advice concerning a potentially contentious legal issue. The Legal Consultant in the UAE formulates a legal strategy and outlines the appropriate legal course of action. Various parties—individuals, corporations, institutions—may require this service.

The Importance of Legal Consultation

The value of consulting a Legal Consultant in the UAE lies in understanding your legal rights and duties across various sectors. Key reasons to seek legal consultations include:

  • Protection of Rights and Interests

    The Legal Consultant in the UAE helps you preserve your legal rights by advising you based on legal precedent and statutory rights, minimizing the risk of legal errors.

  • Compliance with Laws and Regulations

    The Legal Consultant in the UAE ensures you remain compliant with the latest local and international laws relevant to your industry or business.

  • Planning and Prevention

    Especially in commercial and marketing fields, the Legal Consultant in the UAE helps anticipate legal challenges and suggests proactive measures to prevent future issues, supporting legal stability.

  • Negotiation and Settlement

    When legal disputes arise, the Legal Consultant in the UAE can lead negotiations, advocate on your behalf, and strive for legally sound settlements without resorting to litigation.

Types of Legal Consultations by Specialization

To handle your legal problem effectively and avoid escalation to court, it’s essential to understand what type of legal consultation you need and select the appropriate Legal Consultant in the UAE accordingly:

1. Real Estate Legal Consultation

If you’re facing disputes over ownership, or need help with real estate contracts, a Legal Consultant in the UAE can offer the proper legal structure and represent you if litigation is needed.

2. Corporate and Institutional Consultation

Starting a new business or company? A Legal Consultant in the UAE who specializes in company formation can guide you through licensing, documentation, and foundational legal strategy.

3. Criminal Legal Consultation

Criminal acts are classified as felonies or misdemeanors. If accused or victimized, a Legal Consultant in the UAE experienced in criminal law can assess the case, offer legal protection, and represent your position in court.

4. Family Legal Consultation

Family matters significantly affect society. The Legal Consultant in the UAE can handle issues such as marriage, divorce, inheritance, and guardianship—always with sensitivity and legal expertise.

What Are the Duties of a Legal Consultant?

When dealing with legal issues, selecting a competent Legal Consultant in the UAE is crucial. Their responsibilities include:

  • Contract Drafting and Documentation

    The Legal Consultant in the UAE assists in drafting contracts and legal documents with clarity, ensuring they serve your best interests.

  • Contract Review

    They review and amend contract terms, ensuring legality and mutual agreement between parties.

  • Dispute Resolution

    The Legal Consultant in the UAE investigates the source of legal conflicts, negotiates with opposing parties, and seeks amicable resolutions without litigation.

  • Licensing and Commercial Permits

    Starting a business? The Legal Consultant in the UAE helps secure necessary licenses and permissions.

  • Legal Research

    Staying informed of new laws, legal changes, and court decisions is part of the Legal Consultant in the UAE’s role.

Conclusion

As we have shown, a Legal Consultant in the UAE is an expert who simplifies complex legal issues and supports clients by interpreting laws and applying legal strategies. The role is essential for both individuals and corporations, adapting based on the type of legal service needed. At Samaha Law Firm for Legal Consultations, we understand the intricacies of the legal system and are dedicated to offering complete support and professional guidance to ensure our clients’ rights and interests are fully protected by the hands of a trusted Legal Consultant in the UAE.

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International Arbitration Lawyer

International Arbitration Lawyer

As the Arab proverb says, “A strong people is built upon strong laws.” This sentiment captures the vital role played by the International Arbitration Lawyer. Those who turn a blind eye to justice in international arbitrations, driven by profit rather than fairness, are no better than those who break the law. As Gandhi said, “It is not the law we fear, but the judge.” The field of international arbitration has become one of the most prevalent legal areas in global commerce, due to the increasing number of contracts between investors and companies from different countries. These dynamic relationships are often enriched by cultural exchange, but they can also give rise to disputes — which is precisely where the International Arbitration Lawyer becomes essential.

In this article, Samaha Law Firm for Legal Consultations explores the critical aspects of international arbitration, starting with a clear definition of the International Arbitration Lawyer, then moving through the key roles, tasks, and selection criteria. We will conclude by helping you understand how to appoint the best International Arbitration Lawyer in the UAE and the broader Middle East or seek consultation from an experienced international arbitration consultant.

Who is an International Arbitration Lawyer?

What distinguishes them from an international contracts lawyer?

An International Arbitration Lawyer is the professional responsible for protecting the rights of traders and investors — individuals, companies, and institutions — through the application of international commercial arbitration law. They rely on their previous legal experience and persuasive skills, their ability to gather solid evidence and present it convincingly and clearly at the right moment. These skills are crucial to redirecting the trajectory of a case and steering it toward success.

Avoiding the appointment of an International Arbitration Lawyer in the UAE is often a mistake, especially in cases involving overlapping legal frameworks. No one understands the legal intricacies of such disputes better than a specialized International Arbitration Lawyer. With the surge in cross-border commerce and active trade markets, international commercial disagreements become increasingly common, thereby increasing the demand for legal consultation or for hiring an International Arbitration Lawyer to resolve disputes, either through consultation or arbitration proceedings.

According to Samaha Law Firm for Legal Consultations, during arbitration, one party inevitably bears the burden of loss based on rulings issued by international arbitration bodies, which operate according to recognized UAE laws.

Investors may also rely on a corporate attorney who represents the company’s interests and helps avoid contractual disputes with other entities. By proactively managing legal issues, such a lawyer reduces the likelihood of needing an International Arbitration Lawyer, as they prevent conflicts from escalating in the first place.

International Contracts Lawyer

An international contracts lawyer focuses on drafting and structuring commercial contracts between nations and specializes in employment contract formation in the UAE. Such a lawyer ensures fair negotiation of contract terms and accurate documentation of all clauses related to international business transactions.

Understanding International Commercial Arbitration

International commercial arbitration refers to resolving conflicts arising from international business contracts — disputes between individuals, companies, or institutions due to a breach or non-compliance with contractual terms. The involved parties turn to an International Arbitration Lawyer, a professional governed by a specialized branch of law often referred to as “private justice,” which withdraws jurisdiction from domestic courts.

At Samaha Law Firm for Legal Consultations, we believe international arbitration is often the most efficient and effective method for resolving cross-border commercial disputes. It avoids the harsh consequences of litigation and protects the professional relationship between the parties.

Historically, arbitration predates litigation. While litigation involves a permanent judicial panel, arbitration allows parties to select their arbitrators — giving more control over the outcome. In the UAE, the International Arbitration Lawyer often resolves disputes swiftly, a quality that aligns with one of arbitration’s core principles: speedy justice.

Deep Dive into International Contract Disputes

International commercial transactions, whether individual or corporate, require specialized legal oversight. The International Arbitration Lawyer plays a vital role in resolving disagreements related to breaches of contract or non-compliance with specific terms.

To avoid such disputes, it is crucial to consult with an experienced international contracts attorney. These professionals help structure robust agreements and advise on:

  • Franchise and distribution contracts
  • Supply and delivery of goods and services
  • Procurement agreements
  • Contract unification
  • Technology licensing

Duties of an International Arbitration Lawyer

The duties of an International Arbitration Lawyer differ significantly from those of a general international lawyer. These responsibilities include:

  1. Establishing Legal Standing

    The first role of an International Arbitration Lawyer is to assess whether the client has legal grounds to proceed. This involves evaluating the root cause of the dispute, understanding whether the client is at fault or the victim, and reviewing the opposing party’s position.

  2. Amicable Negotiation

    Often, the International Arbitration Lawyer facilitates negotiation between international traders. When possible, the lawyer helps both sides reach a non-disclosure agreement and compromise. At Samaha Law Firm for Legal Consultations, our legal team excels in analyzing problems and negotiating resolutions that support the continuity of international business.

  3. Conducting the Arbitration Process

    A top International Arbitration Lawyer will:

  • File a formal arbitration request to the appropriate body
  • Help the client choose an impartial arbitration panel
  • Gather decisive evidence supporting the client’s claims
  • Validate the authenticity of the opposing party’s evidence
  1. Applying International Arbitration Law

    The International Arbitration Lawyer must possess deep knowledge of applicable laws. During oral hearings, they must skillfully apply these laws to dismantle the opposing party’s claims and defend their client effectively.

  2. Enforcing the Arbitration Award

    Post-ruling, if the losing party fails to comply voluntarily, the International Arbitration Lawyer steps in to enforce the decision. This may result in:

  • Renegotiation of contract terms
  • Legal termination of the agreement and full restoration of assets, including compensation within a set timeframe

In conclusion, the International Arbitration Lawyer is not only a defender of rights but also a cornerstone in maintaining global commercial integrity. At Samaha Law Firm for Legal Consultations, we are proud to offer our clients access to some of the most experienced and trusted International Arbitration Lawyers in the UAE and across the region. Whether you are preparing for arbitration, seeking legal consultation, or trying to prevent future disputes, the expertise of a dedicated International Arbitration Lawyer is indispensable.

 

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Best and Most Skilled Cassation Lawyer in the UAE

Best and Most Skilled Cassation Lawyer in the UAE

In some legal cases, individuals or corporate representatives may find themselves unjustly convicted due to weak legal defense or insufficient evidence presented during trial. This injustice may occur as a result of hiring an underqualified cassation lawyer, ultimately destroying one’s future. Especially in long-term penalty cases, the stakes are extremely high. That’s why selecting the best and most skilled cassation lawyer in the UAE is not just important—it’s essential.

At Samaha Law Firm for Legal Consultations, we emphasize the life-changing impact of legal representation before the UAE’s Court of Cassation. A wrong verdict may lead not only to the loss of freedom for individuals but also to the collapse of entire companies. Hence, choosing the best and most skilled cassation lawyer in the UAE can make all the difference.

What Is a Cassation Lawyer and Why Is Their Role Crucial?

A cassation lawyer is a legal specialist who pleads before the Court of Cassation. They possess deep knowledge of legal principles, procedures, and appeals processes. The best and most skilled cassation lawyer in the UAE can analyze verdicts, uncover legal flaws, and submit appeal memos that highlight the legal errors committed. Their experience enables them to defend clients in front of the highest courts, such as the Constitutional and Administrative Supreme Courts.

The best and most skilled cassation lawyer in the UAE is licensed to appeal final verdicts, point out misapplications of the law, and secure justice for their clients. At Samaha Law Firm for Legal Consultations, we ensure every appeal is meticulously prepared, drawing on years of courtroom experience.

Understanding the UAE Court of Cassation

The UAE Court of Cassation stands above first-degree and appellate courts. It does not retry cases but instead examines whether legal procedures and interpretations were properly followed. The best and most skilled cassation lawyer in the UAE understands this distinction and crafts arguments that expose legal missteps.

Unlike appellate courts that reconsider the facts of a case, the Cassation Court only examines whether the law was applied correctly. This makes the best and most skilled cassation lawyer in the UAE even more critical to ensuring a favorable outcome.

Lawyer Rankings in the UAE and Their Path to Cassation

Not every lawyer is permitted to appear before the Court of Cassation. Lawyers must pass through a rigorous ranking system, gaining experience and qualifications along the way. These include:

  • General Register Lawyer

    Limited to basic legal representation in minor cases.

  • Primary Lawyer

    Authorized to open an office and appear in courts of first instance.

  • Appellate Lawyer

    Permitted to argue cases in appellate and administrative courts.

  • Cassation Lawyer

    The highest rank, able to appear in all UAE courts including cassation and constitutional courts.

The best and most skilled cassation lawyer in the UAE not only holds this top-level license but has the wisdom, expertise, and legal acumen to navigate even the most complex legal issues. That’s what we deliver at Samaha Law Firm for Legal Consultations.

FAQs About the Best and Most Skilled Cassation Lawyer in the UAE

When can an appeal be accepted by the Cassation Court?

  • The appeal must be filed within 60 days of the verdict.
  • A detailed memo outlining the reasons for appeal must accompany the request.
  • The appeal process may take approximately one year.

When is an appeal rejected?

  • Late submissions are automatically rejected.
  • If based on incorrect legal interpretation, the court may correct the error.
  • Appeals based on procedural flaws may result in a retrial.
  • A rejected cassation appeal cannot be resubmitted—finality is crucial.

Differences Between Appeal and Cassation

Many confuse the appeal process with cassation:

  • Appeals reconsider facts and may alter judgments from first-degree courts.
  • Cassation strictly focuses on legal validity and proper application of the law.

This reinforces the importance of working with the best and most skilled cassation lawyer in the UAE who knows how to address legal errors without needing to re-argue factual disputes.

Can a Judgment Be Reconsidered After Appeal?

Reconsideration is possible under certain conditions:

  • If the judgment grants more than what was requested.
  • If conflicting language exists within the verdict.
  • If a party was not properly represented during trial.

Again, only the best and most skilled cassation lawyer in the UAE can accurately assess the grounds for a reconsideration request.

In conclusion, whether you are defending against criminal accusations or protecting a corporate interest, you need the best and most skilled cassation lawyer in the UAE—not once, not twice, but every step of the way.

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