#UAE Law

[farahatcouae]

دليل توضيحي من مكتب فرحات وشركاه عن خطوات التسجيل في ضريبة الشركات (انفوغرافك)

[alrowaadlaw01]

Check out our legal blog about “What Are The Common Maritime Disputes And Resolution in the UAE?”. To know more about UAE maritime law, consult with the best lawyer in Dubai & Abu Dhabi from Al Rowaad Advocates & Legal Consultants - Top International Law Firm. Contact us today on +97143254000.

[molkolsdal]

Abu Dhabi

[princessilaya]

DXB

[globallegalassociation]

August 22-23: GLA Patent and Legal Conference

The GLA Patent and Legal Conference on August 22-23 is an essential event for professionals navigating the complex landscape of intellectual property and legal regulations. Hosted by the Global Law Association (GLA), this conference brings together industry leaders, legal experts, and patent professionals for two days of intensive discussions, insightful presentations, and networking opportunities.

This year’s conference will feature a series of keynote speeches and panel discussions led by renowned experts in patent law, intellectual property rights, and legal innovations. Attendees will gain valuable insights into emerging trends, recent case studies, and best practices in patent management and legal strategy. 

Whether you are a seasoned professional or new to the field, the GLA Patent and Legal Conference promises to be an invaluable experience. Don’t miss this chance to stay at the forefront of patent and legal developments and to enhance your understanding of the evolving landscape. Join us on August 22-23 to engage with experts, expand your network, and advance your knowledge in this critical field.

Address- Global Legal Association Suite-427,425 Broadhollow Road, Melville, New York, USA- 11747 Website: https://www.globallegalassociation.org/ Mail id: events@globallegalassociation.org US: +1 716 941 7798

[engineering-world]

Discover how automated retention policies, seamless integration, robust security, and centralized records management can elevate your business operations. Dive into our latest blog to learn more!

[al-dhaheri-international]

Mediation and Conciliation in Civil and Commercial Disputes: A New Horizon

With the launch of the Mediation Rules by the Dubai International Arbitration Centre effective from 01 October 2023, the UAE has introduced a significant piece of legislation at the federal level, consolidating Mediation and Conciliation specifically in Civil and Commercial Disputes viz. Federal Decree Law №40 of 2023 (the “Decree-Law”) which will come into effect on 29 December 2023, thereby repealing Federal Law №6 of 2021 on Mediation in Civil and Commercial Disputes which regulated both the judicial and non-judicial Mediation; and Federal Law №17 of 2016, as amended by Federal Law №5 of 2021, which governs Conciliation and regulates the establishment of court-annexed Conciliation and Mediation centres for civil and commercial disputes; ushering in a new era for alternative dispute resolution (“ADR”) in the UAE.

By nature, the concept of Mediation and Conciliation is profoundly embedded in Arabic culture and Sharia law, as such, the Decree-Law is a welcome step equally for parties and lawyers alike to progress ADR in the UAE. This move aligns with the UAE’s commitment to signing the Singapore Convention on Mediation, announced in March 2022.

Overview

At the outset, Mediation may be conducted in all civil and commercial disputes capable of settlement without conflicting with the existing laws or the public order and morals prevailing in the UAE, without prejudice to the provisions of the local laws that regulate Mediation. This is in accordance with Article 8 of the Decree-Law, while Article 27 of the Decree-Law states about the exclusive competency of Mediation and Conciliation Centre (the “Centre”) to conciliate civil and commercial disputes (i) whose value does not exceed five million (5,000,000) dirhams; and (ii) between spouses or relatives up to the fourth degree, regardless of their value. The adversaries may agree to resort to the Centre for Conciliation of civil and commercial disputes whose value exceeds five million (5,000,000) dirhams, whether before a case is filed or while it is being heard.

That said, as outlined in Article 28 of the Decree-Law, certain disputes do not fall within the jurisdiction of the Centre viz. (i) urgent and interim orders and cases; (ii) cases to which the government is a party, (iii) rental cases heard before special rental dispute committees, (iv) labor cases, personal status cases; and (vi) any other cases decided to be heard before a Centre, committee or other entity of similar jurisdiction.

Establishment of Centres

The Federal Judicial Council (the “Council”) or the chairman of the local judicial authority may establish one or more Centre(s) for Mediation and Conciliation within the territorial jurisdiction of the first-instance courts; and shall issue pertinent regulations to govern the work and operations of the Centre(s). There is also scope for establishing special Centre(s) for Mediation and branches of foreign Mediation Centre(s); with court or the local judicial authority having supervisory authority on its working and formulating the general policies.

Remote Mediation and Conciliation Platform

Article 4 of the Decree-Law empowers the Mediators and Conciliators to conduct Mediation and Conciliation meetings through electronic means and remote communication, subject to regulations and procedures issued by the Minister of Justice, based on the approval of the Council or the chairman of the local judicial authority.

Mediators and Conciliators Accreditation Processes

The Federal Judicial Inspection Department or the local judicial authority shall maintain a roster for registering Mediators from amongst those registered in the experts’ schedule at the Ministry of Justice or with the local judicial authorities, and the expert Mediators named by a decision of the Council or the chairman of the local judicial authority. Normally they shall be selected from amongst retired members of the judiciary, lawyers registered in the schedules of practicing and non-practicing lawyers. Qualification includes practice of the profession for a period of not less than five (5) years prior to their registration in the non-practicing lawyers’ schedule, and other highly qualified experts and international experts in the legal and business fields, who are known for their expertise, integrity and impartiality. Furthermore, Article 15 of the Decree-Law allows appointment of any natural or legal person, known as Private Mediator, entrusted by the Parties with the task of Mediation to amicably resolve the dispute between them, and not registered on the Mediators’ Lists.

The appointment of Conciliators follows a procedure similar to employment. The Federal Judiciary or the president of the local judicial authority will establish the qualification for the post of a Conciliator. The Conciliators must take a legal oath before assuming their duties, and shall be subject to a specific compensation scheme.

Confidentiality and Non-disclosure

The documents and information submitted or agreements or concessions made by the parties to the disputes submitted for Mediation or Conciliation (the “Parties”), and Mediation and Conciliation procedures as a whole are treated with utmost confidentiality, as envisaged in Article 5 of the Decree-Law; except with the consent of the Parties, or as required by law. Exception further extents to document(s) prepared by the Mediator or the Conciliator and signed by the Parties, including the Settlement reached to resolve the dispute, in whole or in part, between them; and the documents and instruments necessary for its enforcement. Failure by the Mediator or Conciliator to adhere to the confidentiality and non-disclosure obligations stipulated herein, attracts disciplinary actions according to Article 40 of the Decree-Law, without prejudice to the provisions of civil and criminal liability.

Prohibitions on the Mediator and Conciliator

Article 6 of the Decree-Law prohibits the Mediator and Conciliator from acting as an arbitrator or expert in the dispute, or accepting to be an attorney in a dispute against any of the Parties regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising from it, even after the completion of the Mediation or Conciliation procedures, unless the Parties agree otherwise. Prohibitions further extents to giving testimony against any of the Parties to the dispute regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising therefrom, even after the completion of the Mediation or Conciliation procedures, unless authorized by the concerned party or the Parties agree otherwise, except in cases where the testimony is related to a crime; and in case of acting as a Mediator or Conciliator in a dispute where one of the Parties is a spouse or a relative up to the fourth degree by blood or marriage.

Parallel Mediation and Conciliation Structures

While the previous separate federal laws on Mediation and Conciliation laws are now consolidated, these two parallel structures continue to co-exist under the Decree-Law. Concerning Conciliation, under the court-annexed system, mandatory Conciliation is a prerequisite for specific types of disputes prior to litigation proceedings, and with regards to Mediation, voluntary process that can be initiated either through contractual agreement or by court referral, subject to the Parties mutual consent applies. Here, the chief difference is with the role of the “Mediator” opted by the Parties i.e., while in the Mediation process, the Mediator acts as a facilitator aiding the Parties to arrive at an agreement using the Mediation techniques; however, in the Conciliation process, the Mediator only suggests possible paths to the Parties in order to resolve the dispute. Precisely, both the structures share a common goal, which is amicable resolution of the disputes, whether before, or at the stage of the legal proceedings.

Consensual Mediation

In enforcing the agreement between the Parties made either before or after the occurrence of dispute, with the aim of resorting to Mediation for the Settlement of the dispute (“Mediation Agreement”), the Parties may directly resort to the Center to settle the dispute between them, before filing a lawsuit, as per Article 11 of the Decree-Law. This is Consensual Mediation, the initiation of which interrupts legal and judicial deadlines and only resume upon the completion of the Mediation, unless it is concluded by the Parties signing a Settlement Agreement. The procedures for Consensual Mediation are set out in Article 12 of the Decree-Law. In pursuance of Article 13 of the Decree-Law, the court before which a case is filed regarding a dispute brought before a Mediator in enforcing the Medication Agreement, shall decide suspension of the case until the completion of the Mediation procedures, if the defendant urges therefor before making any request or submission on the merits, unless the court finds that the Mediation Agreement is void or impossible to be enforced. The filing the case shall not however, preclude the initiation or continuation of Consensual Mediation procedures.

Court-Referred Mediation

Court-Referred Mediation occurs by virtue of a referral decision made by the subject-matter court competent to hear the lawsuit (“Competent Court”), at any stage of the case, whether proposed by the court with the Parties’ consent or upon their request. Article 14 (3) stipulates that the referral decisions issued by the Competent Court cannot be appealed by any ordinary or extraordinary means of appeal. Mediation shall end as per Article 21 of the Decree-Law if the Parties (i) sign a Settlement Agreement; (ii) agree to end the Mediation before reaching a Settlement Agreement for any reason; (iii) if one of the Parties informs to the Mediator or the Centre of their wish to participate in or continue Mediation; (iv) if the Mediator notifies the Centre, in writing or electronically, that the Mediation: (a) is futile and that there is no possibility of reaching a resolution to the dispute; (b) has been ended due to the absence of any of the Parties from two consecutive Mediation sessions without excuse; and (v) if the Mediation period expires without being renewed.

In all the above cases, the Mediator shall, upon the end of Mediation, deliver to each party any memoranda and documents they presented, and they may not retain them or copies thereof, and shall send a written or electronic report to the Centre on the result of the Mediation within three (3) working days from the date of ending the Mediation for any reason. The Centre shall notify the Parties and the Competent Court, within three (3) days, of the report and the result of the Mediation.

End of Mediation

Mediation if concluded successfully can end by signing the Settlement Agreement. The ratification process of the Settlement Agreement follows three tiers. i.e., from the Mediator to the Centre and finally to the Court. The Mediator shall submit a report to the Centre along with the Settlement Agreement, which the Centre shall send it to the Court within 3 working days. As a final step, the Court shall ratify the Settlement Agreement and issue a decision to end the dispute, wholly or partially, at a session to be scheduled within seven (7) working days from the date of its receipt of the Settlement Agreement. After its ratification, the agreement shall become a writ of execution and an exequatur shall be affixed thereto upon the request of all Parties or one of them, in light of the terms of the agreement submitted to it, and shall be executed according to the procedures stipulated in the Federal Civil Procedure Law.

That said, the aggrieved party has the rights to object or challenge ratification of the Settlement Agreement, by filing an annulment case before the competent Court. The party seeking annulment shall prove one of the reasons viz. (i) lack of legal capacity of one of the Parties to the Settlement Agreement or diminished capacity at the time of its conclusion, (ii) no Settlement Agreement or if the agreement was void or voidable, or if it was made after the expiry of the Mediation period; or (iii) if one of the Parties was unable to present their defence due to invalid service of process or notification of the Mediation procedures or due to them not having been aware thereof for any other reason beyond their control. Pursuant to Article 24 (2) of the Decree-Law, the judgment issued by the court in the annulment case shall be final and can only be appealed through cassation.

Settlement before the Conciliator

If a settlement is reached between the Parties before the Conciliator, either in whole or in part, this shall be recorded in a minutes signed by the Parties and the Conciliator. These minutes shall be ratified by the Supervising Judge, have the force of a writ of execution and the same binding force of court judgments, and are not subject to appeal by any means of appeal. Upon ratification, the minutes shall be affixed with an exequatur upon the request of all or any of the Parties, free of charge, and shall be executed in accordance with the procedures stipulated in the Federal Civil Procedure Law.

Conclusion

The enactment of the Decree-Law marks a pivotal moment for Mediation and Conciliation in the UAE, offering a unified platform for resolving disputes not just in property and construction disputes but in other Civil and Commercial disputes as well.

Recommendation

Whether you are navigating construction disputes, real estate intricacies, or commercial contracts, having a reliable Dubai Lawyer is crucial in providing comprehensive services across various legal domains. Dubai Lawyers and Dubai Law Firms play a pivotal role in addressing a spectrum of legal needs. Considering the legal landscape in Dubai, individuals and businesses can benefit from the expertise of seasoned Dubai Lawyers.

Our record of representing clients in Mediations and ADR procedures throughout the UAE speaks volume. Thus, we recommend for a comprehensive understanding and implementation of the new legislation, consider consulting the seasoned lawyers at Al Dhaheri International Advocates & Legal Consultants, renowned for their expertise in mediation and alternative dispute resolution throughout the UAE.

                                                                    Written by — Dr. Sherina M. Saji

[mattersuite]

Are you looking for the best legal software solution to efficiently manage your firm? MatterSuite is the most reliable law practice management software in UAE. You can manage your legal task, matters, calendar, etc. in Arabic language and also manage the multi-location office. It supports multi-lingual and multi-location features helpful for big law firms, enterprises, and in-house legal departments.

[farahatcouae]

محاسب قانوني في دبي - مكتب فرحات وشركاه

[yesexperts]

Why Arabic Language Training UAE is Crucial for Expats and Professionals

The UAE is a dynamic hub where East meets West, blending modernity with rich cultural traditions. As the country grows in its global importance, so does the necessity of learning Arabic. If you're an expat or professional residing in the UAE, mastering the local language offers numerous benefits. Arabic language training UAE programs are increasingly popular among individuals and businesses alike, helping learners bridge communication gaps and open doors to new opportunities.

[gulfhrms]

Amounts of allowance for transport is a crucial element of the compensation system that is available to employees working in the UAE specifically for employees who have to travel daily to get there. According to UAE laws governing labor, transport allowances are designed to cover the costs related to commutes to ensure employees don't feel overwhelmed over their transportation costs. In a world where the efficiency and effectiveness of management is crucial in a competitive market, having the appropriate employee management program or the right workforce management software helps employers manage allowances in a smooth and efficient manner. This article focuses on the complexities of the travel allowances that are outlined by UAE labor law and the best way to determine the eligibility criteria, obligations of employers and their impact on satisfaction among employees.

[adglegal]

Discover Top-Tier Law Firm Practices in Dubai with ADG Legal

Today, we're excited to explore the extensive range of legal services offered by our firm, with a special focus on our Law Firm Practices in Dubai. Whether you're a business owner, a property investor, or navigating personal legal matters, ADG Legal is here to provide expert guidance and tailored solutions to meet your unique needs.

Why Choose ADG Legal?

ADG Legal stands out in the competitive legal landscape of Dubai due to our comprehensive approach to legal services. Our team of seasoned professionals is dedicated to delivering excellence across various practice areas, ensuring that our clients receive the best possible outcomes. Here’s a closer look at the core practice areas that define our Law Firm Practices in Dubai:

1. Corporate Law: Your Partner in Business Success

In Dubai’s bustling business environment, having a strong legal foundation is crucial. Our corporate law practice provides expert assistance with corporate governance, mergers and acquisitions, and regulatory compliance. We help businesses navigate the complexities of Dubai's legal and economic landscape, ensuring that your company is well-positioned for success.

2. Real Estate Law: Navigating Dubai's Dynamic Property Market

Dubai's real estate market is both vibrant and complex. Our real estate law practice is designed to guide you through every aspect of property transactions, from residential purchases to commercial leases. We offer comprehensive support to ensure that your real estate investments are secure and your transactions are executed smoothly.

3. Litigation and Dispute Resolution: Achieving Effective Resolutions

Disputes can disrupt your personal or business life, but with ADG Legal's litigation and dispute resolution services, you can address conflicts efficiently and effectively. Our team is skilled in handling a wide range of disputes, employing strategic approaches to achieve favorable outcomes through negotiation, mediation, or court proceedings.

4. Employment Law: Ensuring Fair and Compliant Workplaces

Employment law in Dubai is governed by a range of regulations that can be challenging to navigate. Our employment law experts provide clear and actionable advice for both employers and employees, covering everything from employment contracts to workplace disputes. As trusted employment lawyers in UAE, we work to ensure that your employment practices comply with Dubai’s legal standards and that any issues are resolved fairly.

5. Estate Planning and Probate: Protecting Your Legacy

Planning for the future is a vital aspect of managing your personal affairs. Our estate planning and probate services help you prepare for the future, ensuring that your assets are managed according to your wishes. We assist with wills, trusts, and the probate process, providing peace of mind that your legacy is in good hands.

Why ADG Legal Stands Out

Expertise in Dubai's Legal Landscape: Our team is deeply knowledgeable about the legal intricacies specific to Dubai, ensuring that you receive advice that is both relevant and effective.

Client-Centric Approach: We prioritize your needs and work closely with you to develop customized strategies that address your specific legal challenges.

Comprehensive Services: From corporate law to estate planning, we offer a wide range of services under one roof, making it easier for you to manage all your legal needs with a single trusted partner.

Get in Touch

Ready to experience exceptional legal services? Visit our Law Firm Practices in Dubai page to learn more about how ADG Legal can assist you. Our dedicated team is here to answer your questions and provide the expert guidance you need.

Thank you for joining us on our blog today. Stay tuned for more updates and insights from ADG Legal as we continue to deliver the latest in legal trends and practices.

[dinasparta]

Establishing a personal or business bank account in Dubai can be efficiently facilitated through the services of Sparta Management Consultancies. This firm specializes in guiding clients through the intricate processes involved in account setup, ensuring compliance with local regulations and banking requirements. Their expertise not only streamlines the application process but also provides valuable insights into the various banking options available in the region, catering to both individual and corporate needs. By leveraging their knowledge and experience, clients can navigate the financial landscape of Dubai with confidence, ultimately enhancing their banking experience and operational efficiency.

[bizexllc]

Introduction

In Dubai's dynamic commercial enterprise panorama, know-how and dealing with taxes can be daunting missions for agencies of all sizes. The introduction of VAT (value-added tax) in January 2018 marked a substantial shift in the financial environment, compelling agencies to adapt to new compliance requirements. This is where expert tax consulting offerings are helpful. This blog post will discover why your Dubai commercial enterprise needs professional tax consultancy services to thrive in this complicated and ever-changing panorama.

1. Navigating Complex Tax Laws

Tax laws in Dubai and the UAE generally are complicated and subject to frequent adjustments. Keeping up with those changes requires specialized know-how and nonstop tracking. Expert tax experts offering tax and VAT services in Dubai have the knowledge to interpret these laws effectively and ensure that your enterprise stays compliant. They clarify intricate tax policies, minimising the threat of mistakes that could lead to significant consequences.

2. Ensuring VAT Compliance

Since the implementation of VAT, Dubai corporations must adhere to strict compliance requirements. VAT compliance entails accurate report maintenance, timely submission of VAT returns, and correct VAT calculation for items and services. Expert tax consultants help put robust VAT systems and strategies in place, ensuring that your business meets all regulatory requirements. This helps avoid penalties and builds a reputation for reliability and trustworthiness.

3. Optimizing Tax Efficiency

Tax performance is vital for any business's financial health. Expert tax consultants analyse your commercial enterprise operations and discover opportunities for tax savings. They provide strategic advice on structuring transactions, investments, and prices tax-efficiently. This proactive technique can considerably lessen your overall tax burden, allowing you to reinvest savings into your enterprise for growth and development.

4. Avoiding Costly Mistakes

One of the most significant risks of coping with taxes in-house is the ability to make highly-priced errors. Errors in tax calculations, neglected closing dates, or wrong filings can bring about hefty fines and harm your business's popularity. Expert tax experts bring precision and accuracy that minimises these dangers. Their in-depth expertise of tax laws and meticulous attention to detail ensure that each tax-related strategy is carried out perfectly.

5. Strategic Tax Planning

Effective tax-making plans are vital for long-term business achievement. Expert tax consultants work with you to develop comprehensive tax strategies that align with your enterprise's desires. Whether making plans for expansion, optimising coin drift, or coping with cross-border transactions, their insights and tips help you make knowledgeable selections. This strategic method no longer maximises tax blessings but complements normal enterprise overall performance.

6. Access to the Latest Tax Technology

The discipline of tax consulting has developed with the arrival of advanced tax generation and software. Expert tax consultants leverage that equipment to provide accurate and efficient offerings. These technologies streamline tax processes and improve accuracy, from automatic tax calculations to sophisticated compliance tracking systems. By partnering with a tax consulting company, your commercial enterprise gains access to present-day gear that might in any other case be cost-prohibitive.

7. Handling Tax Audits and Disputes

Facing a tax audit or dispute can be a traumatic experience for any commercial enterprise. Expert tax specialists act as your representatives in such situations, guiding you via the audit method and communicating with tax authorities on your behalf. Their experience in dealing with audits and disputes guarantees that your commercial enterprise is well-prepared and that any issues are resolved effectively. This help may be worthwhile in shielding your enterprise from potential financial and reputational harm.

8. Focusing on Core Business Activities

Managing taxes in residence may be time-consuming and divert your attention from core business activities. By outsourcing tax control to experts, you could gain recognition for what you do most enjoyable—walking and developing your enterprise. Expert tax experts cope with all tax-associated tasks, from compliance to strategic planning, permitting you to focus on innovation and achieving your business targets.

9. Adapting to Regulatory Changes

The tax panorama in Dubai is continuously evolving, with new rules and updates delivered regularly. Expert tax consultants stay abreast of those adjustments and ensure your business adapts accordingly. They offer well-timed updates and actionable advice, helping you navigate regulatory shifts seamlessly. This proactive method ensures that your commercial enterprise remains compliant and avoids disruptions from sudden regulatory adjustments.

Professional tax consulting services are an investment in your enterprise's future. It offers peace of mind, monetary and financial savings, and the strategic insights needed to thrive in an ever-changing environment. Don't let tax challenges hold your enterprise lower back; embody the understanding of professional tax experts and unencumber your complete capability.

FAQs

What are the primary benefits of hiring a tax consultant for my Dubai enterprise? Hiring a tax representative offers numerous benefits, including ensuring compliance with local tax legal guidelines, optimizing tax performance, avoiding high-priced mistakes, receiving strategic tax-making advice, and accessing the latest tax generation. Consultants also manage audits and disputes, allowing you to focus on commercial enterprise sports.

How can a tax consultant assist my commercial enterprise with VAT compliance in Dubai? A tax representative enables the installation of sturdy VAT structures and processes, ensures accurate report-maintaining, timely submission of VAT returns, and corrects VAT calculations. Their understanding minimizes the risk of consequences and ensures your enterprise meets all regulatory necessities.

About Bizex:

Bizex Business Setup L.L.C., based on CEO Mr. Ahmed Askari, offers comprehensive business consulting offerings with over a decade of mixed experience. Specialising in incorporation registration, VAT registration, bank help, auditing, investments, and PRO services, Bizex serves each mainland and unfastened zone government. Their sizable client base includes thousands of corporations, almost 90% renewing their change licenses annually due to Bizex's unique and innovative business solutions. The company collaborates intently with government authorities to provide accurate and responsible records, making it a trusted partner for business setup in Dubai.

Services Offered:

Company Formation Services In Dubai

TAX & VAT Services In Dubai

Business Trade License In Dubai

PRO Services In Dubai

IT Services In Dubai

UAE Golden Visa

Contact Us:

+971 44473414

+971 556388268

+91 6360102705

 info@bizex.ae

Address - Office No-304, Al Mankhool Building (BMI Building), Khalid Bin Al Waleed, Bur Dubai, Dubai