تعد دولة الإمارات العربية المتحدة من بين الدول الرائدة عالميًا في مجال مكافحة جرائم غسل الأموال وتمويل الإرهاب، حيث تُظهر دولة الإمارات التزامًا قويًا بالتحالف الدولي لمكافحة الجريمة المنظمة وتعزيز الأمان المالي على نطاق العالم ويأتي دور المحامي بوصفه عنصراً أساسياً في هذا السياق حيث يلعب دورًا بارزًا وحيويًا في تطبيق القوانين والتشريعات المرتبطة بهذه الجرائم بكفاءة وفاعلية.
مفهوم جريمة غسل الأموال:
هي كل معاملة مالية أو مصرفية الهدف منها إخفاء أو تغيير هوية الأموال المتحصلة بطرق غير قانونية و ذلك بتمريرها عبر النظام المالي والمصرفي لكي تظهر على أنها نابعة من مصادر شرعية، ومن ثم إعادة ضخها واستثمارها بشكل قانوني مغاير لحقيقتها.
دور المحامين في مكافحة الجرائم المالية:
نظرًا لبعض الأعمال والأنشطة التي يمارسها المحامون والتي لها احتمال كبير أن تكون مرتبطة بمخاطر عمليات غسل الأموال وتمويل الإرهاب توجب وفقاً للمرسوم بقانون 20 لسنة 2018، أن يكون للمحامي واجبات في إطار مواجهة الجريمة وهي على سبيل المثال:
مهام مسؤول الامتثال في مكتب المحاماة:
يتعين على مكاتب المحاماة أن يكون لديها مسؤول امتثال يحمل الخبرة والكفاءة لتنفيذ المهام المتعلقة بمكافحة جرائم غسل الأموال وتمويل الإرهاب ومنها على سبيل المثال لا الحصر:
ما هو نظام goAML:
التزاماً بمتطلبات رفع و إرسال تقارير المعاملات المشبوهة بجودة عالية إلى وحدة المعلومات المالية لابد على مسؤول الإمتثال في مكتب المحاماة استخدام نظام goAML؛ وهو نظام مستخدم لدى وحدة المعلومات المالية لرفع التقارير المشبوهة ذو أهمية قصوى في عملية استكمال التحقيق من قبل جهات إنفاذ القانون والسلطات المختصة في الدولة بالتنسيق مع وزارة العدل التي لها دور كبير في تسهيل عملية الربط ما بين مكاتب المحاماة ووحدة المعلومات المالية انطلاقاً من دورها كجهة رقابية على أعمال المهنة والممارسين لها، وتعتبر دولة الإمارات هي أول دولة خليجية تستخدم نظام goAML الإلكتروني للإبلاغ عن المعاملات المشبوهة.
التعاون والتسجيل:
يتعين على مكاتب المحاماة تسجيل أنفسهم في المكتب التنفيذي للجنة السلع والمواد الخاضعة لرقابة الاستيراد والتصدير. كما يجب عليها التعاون مع وزارة العدل واللجنة الوطنية لمواجهة غسل الأموال ومكافحة تمويل الإرهاب و وحدة المعلومات المالية ومجموعة العمل المالي (فاتف)Financial Action Task Force (FATF) والجهات والرقابية الأخرى في البلاد.
الجزاءات وعدم الالتزام:
في حال عدم التزام مكاتب المحاماة والمحامين بالواجبات والالتزامات المنصوص عليها، يتعين على الجهة الرقابية (وزارة العدل) توقيع جزاءات إدارية بناءً على نص المرسوم بقانون اتحادي رقم 20 لسنة 2018 في شأن مواجهة جرائم غسل الأموال ومكافحة تمويل الإرهاب وتمويل التنظيمات غير المشروعة ، ومن هذه الجزاءات:
في الختام:
يبرز دور المحامين كجزء أساسي في مكافحة جرائم غسل الأموال وتمويل الإرهاب، من خلال تطبيق السياسات والإجراءات المتبعة، والتعاون مع الجهات المعنية، وتعزيز الشفافية والمساءلة حيث تعكس هذه الجهود التزام دولة الإمارات بتحقيق الأمن المالي والمساهمة في الجهود العالمية المبذولة لمكافحة هذه الجرائم.
وبدوري أحث جميع الزملاء المحامين والمستشارين على بذل العناية الواجبة والالتزام في إثبات فعالية الإجراءات التي تتخذها دولة الإمارات في مواجهة جرائم غسل الأموال ومكافحة تمويل الإرهاب وتمويل المنظمات غير المشروعة، كوننا نمثل خط الدفاع الأول الحصين لمنع استغلال مهنة المحاماة كقناة في تمرير الأموال المشبوهة وتمويل الإرهاب.
لمزيد من المعلومات والاستشارات القانونية يرجى التواصل بمكتب الصَفَر ومُشارِكوه على الأرقام التالية:
97144221944ext102 or +971 52 757 9381 reception@alsafarpartners.com –
Written By:
Ms. Rana Al Shoufi
Legal Consultant & Head of legal Coordination Department at Al Safar and Partners Law Firm https://dubailawyers.ae/
In a rapidly evolving world, the United Arab Emirates (UAE) continues to stand out as a beacon of opportunity for investors. With its dynamic economy, strategic location, and investor-friendly environment, the UAE remains a top choice for those looking to grow their wealth. However, recent updates in investment laws and regulations have brought about significant changes that every investor – local or foreign – should be aware of. In this article, we’ll explore these changes and provide actionable insights to help you make well-informed investment decisions.
Understanding the Shift: Why Investment Laws Matter.
Investment laws serve as the framework that shapes the rules of engagement for investors and businesses. They define the parameters within which investment activities take place, safeguarding both the interests of investors and the stability of the economy. Recently, the UAE has undertaken a series of changes to enhance its investment landscape, providing a more conducive environment for sustainable growth.
The Impact on Local Investors.
For local investors, these changes signal a commitment to fostering a thriving investment ecosystem. Emphasis has been placed on transparency, fairness, and protection of investor rights. As a result, navigating the investment landscape has become more straightforward, empowering local investors to explore diverse opportunities across sectors.
Welcome to Foreign Investors.
For our international counterparts, the UAE’s updated investment laws signal a warm welcome. The country’s dedication to diversification and expansion is underscored by regulations that provide foreign investors with greater ease of doing business. By loosening certain restrictions and simplifying bureaucratic processes, the UAE has opened its doors wider to global investment.
Actionable Insights for Informed Investment Decisions.
Real-World Example: Navigating Real Estate Investments.
Imagine you’re considering investing in the vibrant Dubai real estate market. With the recent regulatory changes, foreign investors are now permitted to own land in designated investment zones. This change not only expands your options but also underscores the UAE’s commitment to attracting international capital. By partnering with a reputable real estate developer and conducting thorough due diligence, you can capitalize on this opportunity while ensuring compliance with the law.
In Conclusion: Empowering Your Investment Journey.
As an investor, adapting to the changing investment landscape is essential for success. The UAE’s commitment to creating a transparent, investor-friendly environment is a positive stride toward economic growth. By staying informed, seeking professional guidance, and making well-informed decisions, you position yourself to thrive in this exciting era of UAE investments.
Remember, every investment decision you make shapes your financial future. By embracing these changes and taking thoughtful steps, you’re not only protecting your wealth but also contributing to the continued prosperity of the UAE’s investment landscape.
Elevate your UAE investment strategy with Al Safar & Partners, a vital resource in understanding recent shifts in investment laws. Beyond investment insights, we specialize in clarifying these changes, ensuring your decisions align with the evolving legal landscape. Connect at +97144221944 ext. 720 or +971 55 763 0405, or email reception@alsafarpartners.com Explore more http://dubailawyers.ae to fortify your investment acumen with legal expertise.
Disclaimer: This article is for informational purposes only and should not be considered legal advice.
Written By:
Dr. Ahmed Hatem – Partner & Head of Corporate and Commercial department at Al Safar and Partners Law Firm.
أتيحت ليَ الفرصة لحضور مؤتمر “محامو الغد” في لبنان لتمثيل مكتب الصفر ومشاركوه للمحاماة، الذي انعقد يوم الجمعة في الأول من سبتمبر 2023 تحت رعاية شركة “حق”، بحضور وزراء ونواب وأكثر من 401 محامي و بمشاركة 11 نقابة للمحامين بالشرق الاوسط حيث ناقش المؤتمر تأثير الذكاء الاصطناعي على مهنة المحاماة والتي دارت حول التعامل مع الوقائع القانونية المطروحة وكيفية تشريع الذكاء الاصطناعي فيما يتعلق بالحوكمة، الملكية الفكرية والمسؤولية الطبية.
المتحدثون والمواضيع:
• المحامي عباس قبلان (شريك مؤسس لشركة حق لبنان): التعامل مع الوقائع القانونية المطروحة.
• المحامي خليفة الياقوت (شريك ومدير مجموعة الياقوت والفوزان – الكويت): الذكاء الاصطناعي والملكية الفكرية.
• الدكتور حبيب المُلا (الرئيس التنفيذي لمكتب حبيب الملا وشركاءه – دبي) : كيفية تشريع الذكاء الاصطناعي والحوكمة.
• المحامي أحمد نجار (شريك ومدير لشركة النجار وشركاءه للاستشارات القانونية – ابو ظبي) : الذكاء الاصطناعي والمسؤولية الطبية.
تحليل الذكاء الاصطناعي:
في البداية تحدث المختصون في المؤتمر عن ميزة الحوار مع الذكاء الاصطناعي بحيث أنه وسيلة ثنائية الاتجاه، اذ يتم الحوار والتفاعل والاجابة بناءً على فهم الذكاء الاصطناعي للمفهوم والقضية المطروحة ذات الصلة، وهنا السؤال الذي طرح نفسه في المؤتمر هل الذكاء الاصطناعي هو شخصية معنوية ام ماذا؟
التحديات الأخلاقية والقانونية:
من المهم أن نعي أن المحاماة مهنة انسانية، وأن العنصر الإنساني هو أساس وجودها بالإضافة إلى الأخلاقيات المهنية والسرية والحيادية وغيرها من الأخلاقيات التي لا يستشعرها الذكاء الاصطناعي ولا تتواجد بنفس التوصيف به حتى. لا بل على العكس يقوم الذكاء الاصطناعي بالتعدي على الملكية الفكرية للأشخاص من خلال تقليد أصوات الأفراد وإصدار الأغاني بأصوات أشخاص مغايرة للشخصيات الأصلية، لا بل لا يتوقف الذكاء الاصطناعي بالتعدي على الأصوات وحسب بل يقوم بالتعدي على براءات الاختراع ايضاً مما يجعل العديد من الخبراء يتساءل حول كيفية تطبيق قوانين الملكية الفكرية في هذا السياق.
مع العلم أن الولايات المتحدة الأمريكية قامت بإصدار قرار من المحكمة العليا سنة 2020 يشير إلى أن الذكاء الاصطناعي لم يبرهن على قدرة كافية بالابتكار ولم يبين الألية البشرية و التسلسل الفكري لتطوير الابتكار و بالتالي لا يستحق براءة اختراع.
وكما أكدت الهند أيضا عبر اصدارها قرار من المحكمة العليا سنة 2021 يفيد بأن الذكاء الاصطناعي ليس بشري ولا يمكن أن يمتلك براءة اختراع حيث أن براءات الاختراع في الهند لا يتم حيازتها إلا من الشخص الطبيعي
إلا أنه لا تزال المنظمات العالمية تواجه في مجال الملكية الفكرية تحديات في كيفية التعامل مع مسألة ابتكار الذكاء الاصطناعي وحقوق الملكية الفكرية.
ويظل هذا الموضوع يشكل تحديًا كبيرًا للمحامين والقانونيين الذين يسعون لحماية حقوق الملكية الفكرية في سياق التطور السريع للتكنولوجيا.
تحديات المسؤولية القانونية:
قبل التطرق للحديث عن المسؤولية القانونية للذكاء الاصطناعي أشار المختصون الى أنه يجب أن يتم وضع مفهوم واضح وصريح للذكاء الاصطناعي، كونه ليس شخصا معنويا أو طبيعيًّا وحتى يتمتع بأي نوع من أنواع الارادة الانسانية،
حتى أن الاتحاد الأوروبي تخلف عن إعطاء توصيف الشخصية القانونية للذكاء الإصطناعي وبالتالي إلى اليوم توصيف الذكاء الاصطناعي محصور على أنه شيء مادي أو معنوي لا يتمتع بالإرادة بالرغم من انه نوعا ما يقوم باتخاذ القرارات من تلقاء من نفسه.
لكن بمجرد تمتع الذكاء الاصطناعي باستقلالية الارادة يتوجب على المشرّع تغيير الكثير من المفاهيم القانونية كون بعض أنواع الذكاء الاصطناعي الأكثر تقدما تملك كيان واعي تماما لما يدور حولها وهذا ما يشير إلى أهمية وضع إرشادات وأخلاقيات على الصعيد المحلي توجه استخدام الذكاء الاصطناعي لمعالجة التحيز والمساءلة من ناحية، و وضع أطر وضوابط للرقابة على التمييز الخوارزمي والحد منه من ناحية اخرى، بحيث تشمل هذه الضوابط جوانب الحوكمة والشفافية والمساءلة وحقوق الملكية الفكرية.
اما على الصعيد الدولي، لفت المؤتمر الى أنه يتوجب تشكيل هيئات تنظيمية قادرة على مراقبة تطور الذكاء الاصطناعي واستخدامه. كما يتوجب تعزيز التعاون الدولي لوضع معايير دولية لتنظيم الذكاء الاصطناعي وضمان التوافق العالمي،
ويليها بعد ذلك واجب المشرع في تحديد المسؤولية الجزائية للذكاء الاصطناعي بشكل واضح وصريح يلائم التطورات السريعة للتكنولوجيا.
تحديات المسؤولية الطبية:
تطرح تقنيات الذكاء الاصطناعي تحديات في المسؤولية الطبية. خاصة بأن الذكاء الاصطناعي يفوق الشخص الطبيعي مهما كانت خبرته العلمية والمهنية في سرعة اعطاء البيانات ودقة تشخيص الحالات وتحليلها.
بحيث يقوم الذكاء الاصطناعي بإعطاء تشخيص لمئات الحالات بدقائق معدودة بخلاف الشخص الطبيعي وذلك تبعا لكمية المعلومات والحالات المحتملة التي تم إدخالها في الذكاء الاصطناعي من كافة دول العالم اجمع، الا انه ومع ذلك لا يمكن الاعتماد عليه ١٠٠% كونه لا يملك القدرة على ابتكار معلومات جديدة أو تشخيص حالات فريدة غير محفوظة في نظامه الخوارزمي،
مما يعرضه للافادة بتشخيص غير دقيق وخاطئ في بعض الأحيان، فضلا عن الخطأ التقني المحتمل بطبيعة الحال كونه وسيلة اصطناعية بحتة وعليه يستدعي هذا لوضع إطار قانوني يحدد المسؤوليات في حالات التشخيص الخاطئ والإجراءات الطبية غير الصحيحة الناتجة عن استخدام تقنيات الذكاء الاصطناعي.
الختام:
في النهاية سعدت بحضور هذا المؤتمر القيّم الذي جمع نخبة من المحامين والمهنيين القانونيين في الشرق الأوسط، وأرى أنه يتحتم علينا مواكبة التقدم التكنولوجي وبنفس الوقت ضمان تطبيق القوانين والأخلاقيات بشكل فعال.
لذا يجب على المشرّع على وجه السرعة البدء في وضع إطار قانوني يحدد المسؤوليات المدنية والجزائية بشكل يواكب سرعة نمو وتطور الذكاء الاصطناعي، بالإضافة الى تحديث القوانين الحالية بما يضمن حماية حقوق الملكية الفكرية والمحافظة على الأخلاقيات المهنية، والا سوف ندخل في فوضى لن نكون قادرين على التحكم بها بعد ذلك.
لمزيد من المعلومات والاستشارات القانونية يرجى التواصل بمكتب الصَفَر ومُشارِكوه على الأرقام التالية:
97144221944ext720 or +971 55 757 0842 – reception@alsafarpartners.com – https://dubailawyers.ae/
Written By:
Ms. Rana Al Shoufi
Legal Consultant & Head of legal Coordination Department
Securing a registered trademark protects your brand and provides you with the tools to prevent someone from using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business. Thus, in this article, we will highlight the process and fees to register your trademark in UAE, Qatar, and Saudi Arabia.
UAE
Required documents
Registration fees are equal to 5,000 AED.
Application fees are equal to 750 AED.
Publishing fees are equal to 750 AED.
Qatar
In order to register your trademark in Qatar you should abide by the following steps:
What are the necessary documents?
– Attach the translation of the trademark with a statement of how to pronounce foreign terms from a certified translator’s office
– Attach the meaning of the Arabic word if the word is not understood by the public
– Attach a certificate of conformity of the domain owner (.com) in the case of the photo containing a domain name.
– Attach authentic documents for the validity of the said date if the trademark contains a calendar or Hijri date.
– If the sign is submitted in advance within six months in another country, attach a certificate of deposit indicating the date of deposit issued by the depositary with a copy of the previous application and a translation into Arabic within six months from the date of submission of the registration application
– Attach proof of entitlement to the degree referred to in the form of the trademark to be registered.
– The consent of the owner of the name/photo/title/apparent in the form of the trademark to be registered.
– Attachment of identity papers in case of family name (Commercial Registry – National Identity)
– Attach the certificate of registration of the trademark in case the trademark is finished, the renewal period exceeds, and the owner wishes to register it on a different or modified commercial record.
What are the steps:
1. Accessing the Authority’s website, selecting services, and pressing the trademark service.
2. Access to the trademark portal.
3- Moving to the service platform through the unified national access/e-mail.
Request the registration of a new mark (as an owner as a stakeholder or as an owner of the enterprise or as a company).
5. Filling the required Data.
6. An invoice shall be issued to study the trademark and, if paid, the application shall be received and examined.
After consideration, one of the following decisions is taken:
– Acceptance is subject to an amendment (90-day time limit), and if the applicant fails to make the required amendment within 90 days, the application shall be transferred to a waiver.
– refusal with the possibility of modification (10 days time limit for amendment).
– Final refusal in either case:
• If the adjustment is not made within the specified time limit (10 days).
• If the amendment is made by the customer and does not meet the required statutory requirements.
8. If the trademark is accepted, the publication invoice shall be issued and then moved to the publishing stage after payment of the outstanding fees by the applicant.
9- Publishing (publishing duration 60 days).
After the end of the deployment phase without any objection submitted, the client must pay the final invoice within 30 days of its issuance, and then print the certificate through the system.
Fees:
| Consideration fees | 1,000 SAR |
| Publication fees | 500 SAR |
| Trademark registration and certificate issuance fees | 5,000 SAR |
For further assistance please contact Al Safar & Partners on +97144221944 – email reception@alsafarpartners.com – www.alsafarpartners.com http://dubailawyers.ae
Written By:
Ms. Luminita Rizescu – Partner & Specialized in Retail Law, Commercial and Rental Disputes, Will drafting.
Amidst the ongoing global expansion of the real estate sector, the emirate of Dubai has emerged as a prominent player among the seven most developed emirates in this domain. However, as the real estate market experiences recent developments, certain buyers in Dubai have encountered challenges, including project delays by developers. These circumstances have given rise to concerns among buyers, compelling them to seek legal recourse in order to terminate contracts, obtain compensation for the delays, and recover the funds already paid.
At Al Safar & Partners Law Firm, we prioritize the interests of our clients and ensure that their rights are safeguarded, utilizing our exceptional legal expertise to achieve favorable outcomes. Consequently, we present a concise overview of the diligent efforts invested and the remarkable results attained throughout this pursuit.
Background of the Legal Dispute:
A contract was entered into between the buyer (our client – M. H. A) and the first defendant (real estate company N.) for the purchase of a hotel unit for a total price of AED 899,500, with payment to be made in installments according to the agreed payment plan in the sales agreement. The delivery date of the contracted unit was also agreed upon. As per the payment plan agreed upon between the parties, our client committed to pay approximately 80% of the unit’s value, amounting to AED 638,123.00. However, the first, second, and third defendants delayed the completion of the project. Furthermore, our client discovered a significant reduction of approximately 69.1% in the agreed-upon unit’s area and a substantial change in the specifications of the unit, as it was converted from a hotel unit to a residential one for all the building’s units. The first defendant refused to amend the agreement prepared by them (the defendants) to change the contract from a hotel unit to a residential one, despite our client’s objection. Additionally, the first defendant demanded the payment of value-added tax without any legal basis, despite the conversion of the unit from a hotel unit to a residential one without our client’s consent. Consequently, our client filed the lawsuit with its claims.
Considering that the seller (the defendants) had breached their obligations under the purchase agreements, failing to complete and deliver the units within the agreed-upon timeframe without any justified or lawful reason, and disregarding the buyer’s demands to fulfill the agreed-upon terms, our client sought legal representation to assert their rights and claim their dues from the seller.
Therefore, we demanded the following:
1. Termination of the sales contract and compelling the first, second, and third defendants (the defendants) jointly and severally to refund AED 638,123.00 to our client, along with legal interest at a rate of 12% from the date of filing the judicial claim until full payment.
2. Compelling the first, second, and third defendants (the defendants) jointly and severally to compensate our client with an amount of AED 200,000 for the damages incurred as a result of the defendant’s breach of their contractual obligations.
3. Restraining the fourth defendant from issuing any decisions or taking any actions regarding the unit subject to the lawsuit until a final and enforceable judgment is issued in the case.
4. The defendant shall be obliged to submit all the documents and permits related to the project concerning the unit in question, which prove the conversion of the unit from a hotel unit to a residential unit and shall refrain from issuing any licenses related to the project in which the contracted unit is located until a final and binding judgment is issued in the case. Additionally, the first, second, and third defendants shall be held liable for expenses and fees.
As a precautionary measure, an expert shall be appointed in the lawsuit.
First Instance Court Judgment:
The court, in its first session, decided to appoint a committee of experts in hotel apartment claims from the Court of First Instance. The committee was formed according to the decision issued by the Chairman of the Expert Affairs Committee on [date]. The Court referred the mission stated in the judgment to the committee and instructed them accordingly. Following the court’s decision, the committee commenced its mission and submitted a report of its findings in the next session.
In another session, the Court ordered the continuation of the lawsuit until the expert submits their supplementary report.
In the following session, the court of first instance ruled as follows:
firstly, it rejected the claim filed by the second defendant due to their lack of standing; secondly, it rejected the claim filed by the third defendant due to the absence of their standing and the lack of acceptance of the claim due to the existence of an arbitration clause; thirdly, it accepted the claim filed by the fourth and fifth defendants and ruled to terminate the real estate unit sales contract, returning the situation to what it was before the contract was made. The Court obliged the first defendant to pay the plaintiff an amount of AED 638,123.00 (Six hundred and thirty-eight thousand, one hundred and twenty-three dirhams) and imposed a legal interest rate of 5% from the date of the judicial claim until full payment. Furthermore, the court ordered the first defendant to pay AED 200,000 (Two hundred thousand dirhams) as compensation and to bear the expenses and fees. The court rejected any other requests.
Reasons for Appeal:
The first and third defendants (parties in the dispute) were dissatisfied with the court’s decision and filed an Appeal. They submitted a duly paid and insured memorandum to the case management office, requesting that the appeal be accepted both formally and substantively. They requested the annulment of the appealed judgment and a retrial on the grounds that the Dubai courts lacked jurisdiction to hear the case due to the existence of an agreed arbitration clause in Clause 19 of the sales and purchase agreement, which is the subject of the lawsuit. They also argued that the second appellant lacked standing, and they provided reasons justifying their appeal, alleging violations of the law, errors in its application and interpretation, corruption in the reasoning, and deficiencies in the deductions. They also claimed that the defense rights were violated and provided a memorandum explaining the reasons for the appeal.
Furthermore, the plaintiff (our client) was also dissatisfied with the court’s decision and filed a real estate appeal. They submitted a duly paid and insured memorandum to the case management office, requesting that the appeal be accepted both formally and substantively. In the appeal, they sought to prove the standing of the second and third appellants and requested that they jointly and severally pay the amount determined by the appealed judgment, which is AED 638,123.00, along with a legal interest rate of 12% from the date of the judicial claim until full payment. They also requested that the first, second, and third appellants be jointly and severally liable for paying the compensation determined by the appealed judgment, which is AED 200,000, as a result of the damages suffered by our client due to the breach of their contractual obligations. The appeal affirmed the appealed judgment, except for these points, and also requested that the first, second, and third appellants bear the expenses and fees of the two levels of litigation. They provided reasons justifying their appeal, alleging violations of the law, deficiencies in the deductions, and violations of the established facts in the documents.
Court of Appeals Opinion:
In a session held today, the court ruled on the appeal. Regarding the form of the two appeals, they were both filed within the designated time and met the required legal conditions. Therefore, they are accepted in form. As for the appeal by the second appellant, rejecting the claim for being filed by an unauthorized party, the court found that the original judgment was correct in rejecting this filing based on the reasons presented. The Court considers these reasons as complementary to its own Judgment and adds that the commercial licenses of both appellants confirm their participation in the project subject to the lawsuit. Accordingly, the Court affirms the original Judgment in rejecting this filing.
Regarding the claim of non-acceptance of the lawsuit due to the presence of an arbitration clause, it is evident that the sales contract, which forms the basis of the lawsuit, included an arbitration clause between the first appellant and the appellant against whom the claim was filed, but the second appellant was not a party to this clause. Therefore, the arbitration clause does not apply to the second appellant, and the dispute cannot be divided. It should be heard before a single entity, which is the court as the competent authority in any original lawsuit. Since the original judgment concluded by rejecting this claim, and the court affirms this judgment for the aforementioned reasons, the court rules as follows:
The article demonstrates the dedication of Al Safar & Partners Lawyers in safeguarding their client’s rights and achieving a favorable outcome. The Court of Appeal’s decision supports the transparency and integrity of the UAE judiciary while showcasing the law firm’s competence and legal expertise in securing the interests of its clients.
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – www.alsafarpartners.com
Legal Defenses Against Fraud and Incomplete Projects
Introduction
The United Arab Emirates (UAE) has long been a haven for property investment, attracting both local and international investors looking to capitalize on the nation’s thriving real estate market. However, with the increasing demand for properties and the complexity of transactions, the risk of falling victim to fraudulent schemes and incomplete projects has also risen. To counter these challenges and protect the interests of investors, it is crucial for property investment conveyance in the UAE to involve experienced legal partners such as Al Safar & Partners Law Firm. This article delves into the reasons why legal representation, particularly through trusted firms like Al Safar & Partners, is essential to safeguard against fraud and the potential pitfalls of unfinished developments.
Rising Concerns: Fraud and Incomplete Projects
Over the years, the UAE has witnessed a surge in real estate investment, driven by its modern infrastructure, strategic location, and economic growth. Unfortunately, this rapid growth has also attracted unscrupulous individuals and entities looking to exploit investors through fraudulent activities. Fraudulent property schemes can range from false advertising to forged documents and unauthorized property sales, leaving investors with significant financial losses and legal battles.
Additionally, the phenomenon of incomplete property developments has posed a major concern. Some developers start projects with grand promises but fail to complete them due to financial troubles or mismanagement. This leaves buyers with unfinished properties, incurring losses and facing difficulties in recovering their investments.
The Role of Al Safar & Partners Law Firm in Property Investment Conveyance
Engaging Al Safar & Partners Law Firm in property investment conveyance plays a pivotal role in mitigating risks associated with fraud and incomplete projects. Here’s how Al Safar & Partners contribute to safeguarding investors:
Due Diligence: Al Safar & Partners conduct thorough due diligence on properties and developers involved in the transaction. This includes verifying ownership, confirming project approvals, and reviewing legal documents to ensure their authenticity and compliance with regulations.
Contractual Protection: Lawyers from Al Safar & Partners Law Firm draft and review contracts that outline the terms and conditions of the property transaction. These contracts are legally binding and protect the interests of investors by clearly defining the obligations of both parties.
Legal Expertise: Lawyers from Al Safar & Partners possess a deep understanding of UAE property laws and regulations, ensuring that transactions are conducted in accordance with the law. They can identify red flags and advise investors on potential risks.
Title and Ownership Verification: Al Safar & Partners Law Firm verifies property titles and ownership documents to ensure that the seller has the legal right to transfer the property. This helps prevent cases of property sales by unauthorized parties.
Escrow Services: Lawyers from Al Safar & Partners can facilitate transactions through escrow services, ensuring that funds are held securely until all contractual obligations are met. This prevents developers from absconding with investors’ money before completing the project.
Dispute Resolution: In case of disputes, Al Safar & Partners provides legal representation and assistance in negotiations or legal proceedings. Their expertise can be invaluable in resolving conflicts efficiently.
Conclusion
As the UAE’s real estate market continues to flourish, investors must remain vigilant against potential fraud and incomplete property projects. Engaging experienced legal partners such as Al Safar & Partners Law Firm in property investment conveyance serves as a vital layer of protection against these risks. Legal professionals from Al Safar & Partners play an indispensable role in conducting due diligence, drafting contracts, verifying property ownership, and offering expert guidance throughout the transaction process. With Al Safar & Partners by their side, investors can invest in properties confidently, knowing that their interests are safeguarded and their investments are secure
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – https://dubailawyers.ae/
Managing Partner at Al Safar and Partners Law Firm.
Dubai Court of First Instance Ruling: Contract Termination with Real Estate Developer and Recovery of AED 1,711,104 with Compensation of AED 500,000.
The United Arab Emirates is one of the fastest-growing countries in the construction and real estate sector, and Dubai is one of the seven Emirates that have experienced significant development in this field. However, considering recent developments in the real estate market, many buyers in Dubai may face various obstacles, including delays by some developers in completing their projects. This has raised concerns among some buyers and prompted them to seek legal protection to terminate the contract, seek compensation for the delays, and recover pre-paid amounts.
Al-Safar & Partners always puts the best interests of their clients at the forefront, striving to uphold their rights by providing them with their unique legal expertise to achieve successful outcomes.
In this brief, we will illustrate the effort exerted and the remarkable results achieved by the lawyers and the team at Al-Safar & Partners in favor of our client through the lawsuit we will discuss.
Legal Background of the Conflict:
The plaintiff entered into a purchase agreement with the defendants for the acquisition of a real estate unit, specifically a hotel apartment, for a price of AED 3,687,648. The plaintiff paid a sum of AED 1,711,104. However, the defendants failed to fulfill their obligations by changing the description of the unit to residential instead of hotel, and also by not completing the unit within the agreed-upon deadline.
Our lawsuit includes the following claims:
The case has been discussed in sessions as detailed in the session transcripts. The first defendant has submitted a memorandum opposing the lawsuit and has presented documents, including a copy of the unit’s title deed issued by the Department of Land and Property in Dubai a certificate of initial contract registration with the Department of Land and Property in Dubai in the plaintiff’s name, a notice of completion and possession of the unit, a notice of payment delay from the first defendant to the plaintiff, and a notice from the Land and Property Department to the plaintiff demanding payment of the outstanding amount. The plaintiff has also provided documents from the Land and Property Department confirming the validity of the procedures, a certificate of cancellation of the unit’s registration under the plaintiff’s name, and the agreement’s assignment document bearing the plaintiff’s name. The plaintiff has submitted a memorandum in which they have outlined their requests.
Court’s Opinion:
The court ruled and before deciding on the matter, it appointed an architectural engineering expert from the court’s list of experts to perform the specified mission mentioned in the ruling. The court’s procedure was to prevent repetition.
The appointed expert carried out the assigned mission and submitted a report in which they reached a conclusion. The second defendant did not appear before the expert and did not provide any documents despite her announcement via email. The expert prepared their report based on the documents provided to them and is still of the opinion stated in their initial report, which concluded that both parties presented evidence of their relationship, a sales and purchase agreement for the units subject to the lawsuit between the plaintiff buyer and the first defendant. The expert could not establish a connection between the second defendant and the project. The expert confirmed that the claimant paid AED 1,711,104, which is equivalent to 44.63% of the total unit price, and did not pay 59.38% of the total unit price, leaving a remaining balance of AED 2,124,050. Therefore, the claimant failed to fulfill their contractual obligations by not paying the fifth installment. The first defendant failed to fulfill their contractual obligations as the contract allowed for the use of the property for hotel apartments, but they did not obtain a license from the Department of Tourism and Commercial Marketing in Dubai for the hotel activity of the building.
The expert believes that the required notification and grace period procedures have been fulfilled. Since the lawsuit was discussed in sessions after the expert submitted their report, the plaintiff submitted a memorandum in which they requested specific demands, and the first defendant submitted a memorandum in which they requested the dismissal of the lawsuit. The court decided to reserve the lawsuit for judgment in another session.
Therefore, the court ruled to terminate the contract subject to the lawsuit, ordering the first defendant to refund the plaintiff AED 1,711,104 and an interest of 5% from the date of the claim until full payment. The court also awarded AED 250,000 as compensation to the plaintiff and obligated the first defendant to bear the expenses and attorney fees.
Court of Appeals Opinion:
The Court decided to reserve the appeal for today’s session, considering that the formal requirements of the appeal have been fulfilled. Regarding the subject of the appeal, within its scope and in accordance with its transferable effect, and based on the appellant’s objection to the invalidated judgment, it is stipulated that as per Decree No. (17) of 2013 concerning the licensing and classification of hotel establishments in the Emirate of Dubai, it is required that a hotel facility be licensed and classified by the Department of Tourism and Commerce Marketing. No hotel facility may be constructed or any existing building converted into a hotel facility without obtaining prior written approval from the Department, fulfilling the prescribed conditions, obtaining the preliminary approval for the establishment of the hotel facility does not exempt from obtaining the license and classification from the Department, fulfilling the remaining operational requirements, and obtaining a certificate of no objection to receive guests.
Furthermore, according to the Court of Cassation, the contract is governed by the law of the contracting parties, and if the contract is valid and free from defects of consent, both parties are obligated to fulfill the obligations stipulated in the contract. According to the Civil Transactions Law, both parties are obliged to fulfill the obligations stipulated in the contract, and they must execute the contract in accordance with its provisions and in a manner consistent with good faith. The execution of the contract is not limited to the obligations stated in it, but also includes all its necessary implications according to the law, custom, nature of the transaction. It is also stipulated that the seller is obliged to deliver the sold property in the condition and specifications agreed upon.
Moreover, the determination of the sufficiency of reasons for terminating or rescinding the binding contract for both parties and identifying the defaulting party in fulfilling their obligations or denying any negligence on their part is a matter within the purview of the court, as it has the authority to understand the facts in the case and evaluate the evidence and documents presented to it, giving weight to what is deemed reliable and excluding what is not. The court has absolute authority to assess the work of experts as elements of proof in the case, taking into consideration what satisfies it and aligns with the established facts in the case when it bases its judgment on valid reasons derived from the documents. The court is not obligated to respond to specific objections raised by the opposing party against the expert’s report, as it relies on the report based on its own valid reasons. The court also has the full authority to understand the facts in the case, evaluate the evidence and documents presented to it, and give weight to what is deemed reliable and exclude what is not, and it has the absolute authority to assess the work of experts as elements of proof in the case.
Furthermore, it is established that the contractor’s performance of its contractual obligations, breach of performance, or unjustifiable delay constitutes a fault that entails liability for compensating the resulting damages. Extracting the fault that gives rise to liability, determining the damages, evaluating the compensation, and considering the relevant circumstances in determining the amount of just compensation are matters of fact that fall within the jurisdiction of the court, as long as the law does not require the adoption of specific criteria for evaluation or supervision by the Court of Cassation, as long as the elements of damage and the legitimacy of the claimant’s entitlement are evident from what is presented in the documents.
Based on the above, the court ruled, in a hearing, to accept the appeal formally. In the subject matter, the appeal was rejected, the appealed judgment was affirmed, and the appellant (defendant) was ordered to bear the expenses and lists there of.
It is evident that this judgment confirms the transparency and integrity of the UAE judiciary, as the first-instance judgment ordered the seller or defendant to pay the original amount and compensation, in addition to interest since the filing of the claim, indicating that damages have been suffered by the plaintiff as a result of the breach of the agreements concluded between the parties. The Court of Appeals’ judgment supported the first-instance judgment, and these judgments also demonstrate our competence and legal expertise in assisting the affected parties and restoring their rights in line with our mission.
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – www.alsafarpartners.com
Initially on June 6, 2022, MOHRE (the Ministry of Human Resources and Emiratization) issued the Ministerial Decision 279 of 2022 outlining that the companies in the private sector with over 50 employees must meet specified Emiratisation rates, more specifically a 2% rate by the end of the year, 4% by the end of the following year (2023) with a yearly increase of 2% until the employers have reached a quota of 10% of UAE citizens operating in skilled roles.
On July 11 of the current year, MOHRE (the Ministry of Human Resources and Emiratization) updated its Emiratisation targets under the ministerial resolution 455 of 2023 encompassing the smaller business with a workforce of 20 to 49 employees. Under the new decree, the companies falling under this category are required to hire at least one UAE national by the end of next year and another in 2025.
The fourteen sectors which are being listed in the Cabinet Resolution are: administrative and support services, arts and entertainment, construction, education, financial and insurance sector, healthcare and social work, hospitality and residency, information and communications, mining and quarrying, professional and technical activities, real estate, transformative industries, transportation and warehousing, wholesale and retail.
The penalties for non-complying with the resolution are quite steep and the defaulting business will be subject to a 96,000 Dirhams fine which may further increase to 108,000 Dirhams in the following year. It is worth mentioning that if one of the UAE nationals leaves the company, a replacement must be found within two months of departure; should this not be possible, then the employer must pay the contribution for the targeted year if the number of UAE nationals has been reduced.
According to Dr. Abdulrahman Al Awar, Minister of Human Resources and Emiratisation, “expanding the establishment targeted by Emiratisation targets will have a positive impact and bring benefits for both our citizens and establishment themselves, where the latter will be able to benefit from the support of the Nafis program.”
Launched on September 13, 2021, Nafis Program (which translates as “to compete” in Arabic) is a federal program aimed at supporting Emirati nationals to develop their career and their employment in the private sector. The program’s main objective is to create a partnership between the private companies and the public sector by creating incentives in order to accelerate the UAE’s economy.
MOHRE’s latest decision is meant to create more job opportunities for the UAE nationals and at the same time to support the small business enrolled in the Nafis program. Companies are required to participate in the program, to tap into its benefits and contribute to the UAE’s economic growth, Emiratisation not being about meeting quotas but an opportunity to foster diversity and inclusion within the workplace. We advise all our clients and the companies falling under this category not to delay the registration with Nafis and comply with the latest resolution within the stipulated time frame. For any additional information feel free to reach us at:
+971.4.4221944, or email us via: reception@alsafarpartners.com – www.alsafarpartners.com
Written by:
Mr. Eduard P. Nedelcu, ESQ. – Head of Arbitration Law Department at Al Safar and Partners Law Firm.
Termination of Contract with a Real Estate Developer and Refund of AED 1,016,250 with Compensation of AED 300,000: Dubai Court Ruling
We all witness global changes occurring in the real estate market, and the United Arab Emirates (UAE) is known as one of the fastest-growing countries in construction and real estate. Dubai, being one of the seven emirates at the forefront of this sector’s development, has recently faced certain challenges, including delays by some developers in completing their projects. This has raised concerns among buyers, leading them to seek legal protection to terminate contracts, seek compensation for delays, and request refunds of the amounts paid in advance.
Al Safar & Partners Law Firm always strives to protect the rights of its clients. Through its unique legal expertise, the firm aims to achieve successful outcomes for its clients. In this brief, we will highlight the efforts and remarkable results achieved for our client (the plaintiff – M.W.S) in this particular case.
Background of the Legal Dispute:
The plaintiff (our client- M.W.S) purchased a hotel unit from the defendant, with an area of 106 square meters, along with one parking space, as per Clause 3 of the sales agreement. The total price agreed upon was AED 1,200,000 (One Million and Two Hundred Thousand Dirhams), of which AED 1,016,250 (One Million, Sixteen Thousand, Two Hundred and Fifty Dirhams) was paid. The expected completion date was set for the second quarter of 2018, and the sales agreement was registered with the Dubai Land Department.
However, the seller (the defendant – A.Z) breached their obligations under the sales agreements and refused to complete and deliver the units on the agreed-upon date, without any legal justification. Additionally, the seller failed to provide any notice indicating a delay in project completion, disregarded the buyer’s (our client – M.W.S) demands to comply with the agreed terms, and canceled certain services included in the sale, such as concierge services, high-speed internet, television connectivity, weekly cleaning, and laundry services, which significantly reduced the value of the sold unit. Moreover, the interior construction quality was poor, with evident leaks and structural cracks that differed greatly from the images presented in the brochure, which are still available on the seller’s website. These issues prompted (our client – M.W.S) to seek legal representation to uphold their rights and claim their entitled compensation from the seller.
Court Judgment of First Instance:
During the initial session, the court appointed a committee of experts specializing in hotel apartment litigation, and the head of the expert affairs committee received the court’s decision, as documented in its statement. Pursuant to the court’s ruling, the expert committee initiated its tasks and submitted a report on its findings during the subsequent session.
Court Opinion:
The court has deduced from the presented facts in the lawsuit, relying on its circumstances and details, subject to adaptation to the contract and the application of the law by the Court of Cassation (Court of Cassation’s ruling). It is established that the buyer (our client – M.W.S), when requesting termination, must prove the seller’s fault in failing to fulfill his obligation. The court’s task is to extract evidence or denial of contractual error from both parties to the contract, based on what it perceives from the contract’s circumstances and details. The assessment of justifications for terminating binding contracts for both parties is an objective matter determined by the court, supported by solid evidence. According to the Civil Transactions Law, it is required to implement the contract according to its provisions and in a manner consistent with good faith. The contractual obligation is not limited to what is stated in the contract but also includes all its implications according to the law, custom, and the nature of the transaction, resulting in the implementation of the obligations established by the contract in accordance with the nature of the transaction and the requirements of its implementation in good faith. This is what the court deduces from its authority to collect and understand the reality of the case, and it has a solid basis in the documents. It is also established that the court has complete authority in collecting and understanding the reality of the case, examining the evidence, and submitting documents.
The court also bases its opinion on the decree authorizing establishments and classifying hotel establishments in the Emirate of Dubai, as well as the Civil Transactions Law.
Court Judgment:
The sale and purchase agreement regarding the hotel unit is terminated, and the defendant (the seller – A.Z) is obligated to pay the plaintiff an amount of AED 1,016,250 (one million, sixteen thousand, two hundred and fifty dirhams) plus interest at a rate of 5% from the date of the claim until full payment. The defendant is also obliged to pay the plaintiff (our client – M.W.S) an amount of AED 106,451 (one hundred and six thousand, four hundred and fifty-one dirhams) as compensation, along with fees and expenses.
We believe that this judgment demonstrates the transparency and integrity of the UAE judiciary, as it imposes the original amount and compensation on the seller, in addition to interest from the date of the claim, indicating that damages have been incurred by the plaintiff (our client- M.W.S) as a result of the breach of the agreements between the parties. This judgment also reflects Al Safar & Partners’ efficiency and legal expertise in assisting the affected parties and restoring their rights, in line with our mission.
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – www.alsafarpartners.com
Commercial contract negotiations are a critical and complex aspect of conducting business in today’s dynamic marketplace. The ability to negotiate favorable terms and conditions can have an intense impact on a company’s profitability, risk management, and long-term success. Whether it involves lease agreements, joint ventures, service level agreements, procurement contracts, vendor agreements, partnership arrangements, or other business dealings, effective negotiation skills are essential for securing advantageous outcomes and building strong, sustainable relationships. In this article, we will discuss about few key aspects of commercial contract negotiations. We will explore a range of strategies, tips, and tricks to help you navigate the complexities of contract negotiations and emerge with agreements that align with your business objectives.
“By failing to prepare, you are preparing to fail” (Benjamin Franklin): we consider these words as a powerful reminder to every negotiator. A thorough preparation is crucial for the successful contract negotiations. Before entering the negotiation room, invest time in understanding the complexity of the contract, including the scope, obligations, and potential risks involved. Clearly define your objectives and priorities for maintaining focus and to guide your negotiation strategy. Identify key elements critical to your business interests, such as the scope of work, pricing structures, delivery terms, intellectual property rights, dispute resolution mechanisms, termination clause or exclusivity clauses. Research industry standards, market trends, and comparable deals to gain valuable insights for informed decision-making. A well-prepared negotiator is equipped with the knowledge and information needed to drive favorable outcomes.
We must consider the negotiations as a two way traffic, and adopt a cooperative approach to foster a more productive negotiation environment. Being a good listener with effective communication skills lies at the core of successful negotiations. Actively listen to the other party and strive to understand their concerns, needs, and goals. Engage in meaningful dialogue, asking clarifying questions and paraphrasing key points to ensure a clear understanding of each other’s perspectives; at the same time, clearly articulate your own position, expectations, and rationales in a concise and persuasive manner. Seek outcomes that satisfy the interests of both parties, aiming for win-win scenarios whenever possible to avoid ending up with an unilateral contract. By emphasizing open communication, active listening, and the exploration of common ground, you can build trust, strengthen relationships, and pave the way for long-term partnerships.
A successful negotiator understand that rigidity breeds stagnation, while adaptability, flexibility and creativity unlocks a world of possibilities. When advocating for your interests, be open to alternative solutions and compromise on non-essential aspects. Leveraging information and insights gathered during the preparation phase will help you to be flexible and creative during negotiations. Keep in mind that identifying the potential leverage points during the preparation stage, such as alternative suppliers, market conditions, or legal regulations, etc can be used strategically to strengthen your position and influence the negotiation’s direction. By using relevant data and facts effectively, you can substantiate your arguments and drive favorable outcomes. Also try to explore creative and innovative ideas which may uncover hidden opportunities to create value and reach mutually satisfactory agreements.
In negotiations, timing is everything, so strike while the iron is hot as it can significantly impact negotiation outcomes. Recognize favorable moments and situations to propose changes or concessions that align with the negotiation’s ebb and flow. Patience and strategic timing can increase the chances of securing advantageous results while avoiding hasty decisions that may undermine your position. In complex or high-stakes negotiations, seeking professional guidance from legal and subject experts can provide invaluable insights and expertise. Their experience can help identify potential pitfalls, draft appropriate clauses, ensure compliance with legal requirements, and offer strategic guidance throughout the negotiation process.
Once an agreement is reached, ensure that all the agreed-upon terms are accurately documented in a written contract. A well-drafted contract serves as a solid foundation for the successful execution of the agreement. Conduct a meticulous review to confirm that all essential points are included and to minimize the possibility of ambiguities or future disputes. Even after negotiations conclude, maintaining positive relationships with the other party is paramount. Cultivate a professional network based on trust, respect, and open communication. Building lasting relationships can lead to future collaborations, referrals, and mutually beneficial opportunities that contribute to long-term success.
Apart from all the above, a good negotiator must possess a wide range of personal attributes that contribute to effective communication, collaboration, and interpersonal interactions. Maintaining a positive and friendly demeanor, and projecting wisdom are indeed essential soft skills, it is important to remember that soft skills go beyond mere appearance. They embrace qualities such as empathy, active listening, adaptability, problem-solving, and emotional intelligence. Developing and honing these soft skills can significantly enhance in your professional and personal interactions, fostering positive relationships, promoting teamwork, and driving overall success.
As emphasized throughout the article, mastering commercial contract negotiations requires a combination of experience, legal knowledge, Commercial understanding, strategic thinking, effective communication, and a keen understanding of negotiation dynamics. Remember, negotiations are not merely about winning but fostering mutually beneficial agreements that promote sustainable growth and success for all parties involved. At Al Safar and Partners, we offer professional contract drafting and negotiation services tailored to your specific needs. Whether you’re a business looking to establish secure agreements or an individual seeking assistance with legal contracts, we are here to help. With expertise in the law of contracts and a commitment to achieving favorable outcomes, we are ready to guide you through the complexities of contract negotiations. Contact us today to discuss your requirements, and let’s work together to create solid, customized contracts that protect your interests and drive success.
For further assistance please contact Al Safar & Partners on +971.4.4221944 email reception@alsafarpartners.com – www.alsafarpartners.com
Written By:
Mr. Abdul Nissar
Senior Legal Consultant & Case Manager Al Safar & Partners Law Firm