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Learn more about the Dubai New Law Allowing Heirs to Sell Their Inherited Properties

The principles of Shariah law in UAE govern the inheritance affairs of all the Muslims especially UAE nationals. Whereas, foreign expatiates whether Muslims or non-Muslims can apply the provisions of their home country law for property inheritance or other family matters. In any case, there are numerous vulnerabilities with respect to property inheritance issues. In contrast to different jurisdictions, the UAE doesn't consider or practice the 'right of survivorship' (providing the property to the surviving joint owner as what happens in Common wealth countries). It is often described by Family Lawyers of Dubai that the property inherited by the successors are according to the principles of Shariah and each successor gets his or hers shares as per his or her relation with the deceased. It is pertinent to note that successors inheriting property earlier were not allowed to further sell it unless otherwise agreed, however, with the establishment of Dubai Law number 23 of the year 2020 concerning regulation of sale of inherited properties in Dubai, the successors are hereby allowed under a law to properly sell-off their inherited property. During last month of August 2020, the government of Dubai issued Decree for allowing and regulating the sale of inherited residential properties in the Emirate. The Decree 23 is relevant to all private properties situated in Dubai (aside from private properties allowed under the Mohammed bin Rashid Housing Establishment). The Decree does not discriminate between the properties registered in the designated or un-designated areas available for expatriates and henceforth the Decree is applicable to all nationalities. The Decree 23 intends to secure members of a family in case of sale of private properties that are dependent upon the orders for inheritance (explicitly senior residents, minors, single females, divorced people, widows and people with uncommon needs), to guarantee that the sale of the property isn't hindering to their privileges and interest. The Dubai Land Department (DLD) is approved to endorse an utilization of sale put together by any of the beneficiaries, and move title to a buyer. DLD may likewise approve sale of a property through auction. Upon completion of the deal, the Land Department will thereafter provide the proceeds collected from the property to the beneficiaries of the estate as per their individual rights in the inherited property. In case of a dispute between the beneficiaries, they may document a case before the Special Judicial Committee which has restrictive and special jurisdiction to survey and settle on such disputes. The Decree 23 is compelling from the date of its publication, and nullifications all arrangements in some other laws in power that are conflicting to the arrangements of Decree 23. At last, any auras or activities that repudiate with the arrangements of Decree 23 will be void, will not be enrolled in any official record, and will not make any rights or commitments. Therefore, it is pertinent for all readers to carefully scrutinize the provisions of the new Decree 23 or else approach the Best Property Lawyers of Dubai to receive the best possible advice.

Key points to remember about Health Insurance in the UAE

The UAE is renowned for its best quality healthcare facilities, which has led to a rise in medical tourism over the past decade. Healthcare is so prevalent, there are an estimated 181 doctors per 100,000 residents. Health insurance is one of the most serious issues in any society as it often leads to high-quality healthcare treatment available for many people. The UAE has some of the finest healthcare infrastructure in the world and is a major attraction for expats looking to move there. Health insurance plays a massive role in providing a high level of healthcare in the UAE and is necessary for expats living in Dubai. There are different ways to treat the issue and some countries provide free healthcare while others focus on healthcare insurance system. In the UAE, compulsory health insurance has been introduced few years back. Points to remember According to labour laws, you are entitled to a health card that allows you access to a limited range of hospitals and clinics that make up the Dubai Health Authority (DHA) facilities. The Health Insurance Law of Dubai No 11 (2013) requires all residents to have a level of health insurance coverage that meets or exceeds the minimum benefits laid out by the Dubai Health Authority (DHA). Responsibility of health insurance is down to the employer (not the employee). The employer is obliged to cover the employees by health insurance in accordance with the health insurance policy applicable. The employer can't ask the beneficiary to bear the insurance cost. The law also states that employers must not deduct the salary of the employee to provide health insurance. UAE nationals living in Dubai have access to Saada. It provides insurance coverage to citizens who aren’t benefitting from any government health program in Dubai. Saada users can receive treatment at many DHA healthcare centres and private providers. UAE citizens have the option to opt-out of their private healthcare scheme to join the government scheme. Employers of expats are required to provide health insurance for their employees. Sponsors are also required to provide private health insurance for their dependents. EBP is for Dubai residents who earn less than AED 4,000, as well as for their dependents. The Plan has a fixed cost of AED550-AED650 annually and benefits including emergency treatment limited to Emirates within the UAE, basic healthcare in Dubai and a 30% co-pay for each prescription. Conclusion While choosing health insurance quantitative data will be essential when analysing outcomes of the policy. It will be important to calculate the number of activities, costs of the activities, the number of people covered by insurance package, the rate of particular diseases as well as death rate. And one can also seek expert advice. Medical Services within the UAE, while generally of an extremely high quality, can be expensive. As such it is highly recommended that all individuals, families, and groups located in the UAE, GCC, or on the Arabian Peninsula, purchase some form of comprehensive UAE medical insurance policy.

How Arbitration Institutions awards legal cost in UAE?

Managing an arbitration means managing a client’s expectations, including the client’s costs in pursuing its case in arbitration. Parties in arbitration may incur different types of costs; wherein the three main costs involved are the Tribunal Fees; Administration Fees; Legal fees for experts and for legal representations. Legal cost is the main expense incurred by the party and the fees of its legal representatives in arbitration. Allowing the recovery of legal costs in a dispute is not universal, so one of the benefits of arbitration in UAE is that some of the arbitration institutes award legal costs should you win which is not the case in local courts. The arbitral institutions have to explicitly allow the tribunal to order the losing party to pay the legal costs incurred by the winning party. Nevertheless, it requires a bright mind to present the legal costs before the arbitral tribunal and to seek a refund for the same. Arbitration Lawyers of Dubai will help you understand the ideology behind claiming legal costs and what shall you keep in mind while claiming legal costs. How it works?Before the final award gets issued in an arbitral proceeding, both the parties submit a document including a post-hearing cost wherein they’ll seek an award against the losing party recovering the legal expenses made in the initiation or defense of arbitrary proceedings. There are several procedures by which institutions award legal costs. The most frequently approached arbitration institutes in the UAE are the DIAC and ADCCAC, these, however, do not explicitly empower the arbitrators to award legal costs. On the other hand, the less frequently approached, DIFC-LCIA does authorize the tribunal to award and allocate legal costs to the parties to the dispute. Article 28.3 (DIFC-LCIA Rules of Arbitration) confers upon the arbitral tribunal the power to determine a party’s legal and other costs incurred in the arbitration. The ADCCAC rules provide a few Articles regarding costs (Art 282, 373, 384, and 39). However, only Article 39 expressly authorizes and defines which costs the arbitrator is allowed to reallocate- arbitrator’s fees and ADCCAC fees. The DIAC Rules

Extradition law for Indian Nationals in the UAE

The United Arab Emirates is a signatory of the Riyadh Arab Convention on Judicial cooperation for Oman, Qatar, Saudi Arabia, Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia and Morocco. In addition, the UAE has entered into bilateral treaties for judicial cooperation with United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan etc. Similarly, India has signed extradition treaties with 43 foreign countries. It has extradition arrangements with countries such as the UAE, Antigua and Barbuda, Croatia, Fiji, Italy, Papua New Guinea, Peru, Singapore, Sri Lanka, Sweden, Tanzania and many others. The UAE has issued federal law no. 39 of 2006 on the ‘Mutual judicial cooperation in criminal matters' which comprises the ‘Extradition law’ of the UAE. In 2012, the UAE also ratified the extradition treaty facilitating the transfer of prisoners between the Gulf states and India. Pursuant to the extradition treaty signed between the two countries, both countries have agreed to hand over fugitives who have committed an offence to the requesting Country where the offence was committed. The bilateral treaty solidifies that both jurisdictions refuse to foster criminals and to cooperate fully in terms of extradition requests. Specific extradition process in India with extradition treaty: Extradition process refers to an action wherein one sovereign jurisdiction (requested State) delivers a person either acquitted or convicted of an international crime to the law enforcement of another jurisdiction (requesting State) upon their official request. Compliance with an extradition request involves transferring the physical custody of the accused person to the recognized legal authority of the requesting jurisdiction. As stated, above India has signed extradition treaties with almost forty-three nations. The extradition process varies based on the factor as to whether there exists an extradition treaty between India and the Country making the extradition request. Therefore, if an extradition request is made by the UAE authorities to India, it will proceed as per the following steps. An extradition process can be accepted in India once it is received by either by :

Extradition law for Chinese nationals in the UAE

Extradition process is subject to regional and international law. It refers to an action wherein one sovereign jurisdiction (requested State) delivers a person either acquitted or convicted of an international crime to the law enforcement of another jurisdiction (requesting State) upon their official request. Compliance with an extradition request involves transferring the physical custody of the accused person to the recognized legal authority of the requesting jurisdiction. The Federal law no. 39 of 2006 on the‘Mutual judicial cooperation in criminal matters’lays down the framework for the extradition process in the United Arab Emirates. The UAE is also a signatory to various bilateral treaties for judicial cooperation with numerous countries such as China, France, United Kingdom, India, Australia, Egypt, Iran, Pakistan, Kazakhstan, etc. UAE is also a signatory to the‘Riyadh Arab Convention on Judicial cooperation’with the nations of Algeria, Libya, Qatar, Oman, Saudi Arabia, Iraq, Bahrain, Kuwait, Tunisia, Lebanon, Morocco and Jordan. Pursuant to the bilateral treaty signed between the UAE and China in 2008, extradition measures are initiated by both states based on the ‘reciprocity’ principle. An extradition request issued to the UAE by the Chinese government will be accepted by the UAE authorities if the following grounds are satisfied: - The crime for which the surrender is requested must be penalized by the Law of the requesting State with imprisonment of at least one year or any other greater penalty. - The crime for which the surrender is requested must constitute in the territories of the State (UAE), a crime penalized by imprisonment of at least one year or any other greater penalty. - If the request for surrender is related to the service of a sentence of imprisonment rendered in any of the crimes for which the surrender is requested, the remaining period of the sentence to be served must not be less than six months in order for the surrender to be performed.

Know more about the extradition laws of British Nationals in the UAE

An extradition request can be understood as an action wherein one sovereign jurisdiction delivers a person either acquitted or convicted of an international crime to the law enforcement of another jurisdiction upon their official request. Compliance with an extradition request involves transferring the physical custody of the accused person to the legal authority of the requesting jurisdiction. The jurisdiction that makes the extradition request is known as the “requesting state,” and the jurisdiction to which the extradition request has been placed is called the “requested state”. Extradition law in itself is a cooperative law and much depends on international covenants, regional or bilateral treaties entered into between the nations, and routine procedures followed for extradition. In the absence of a specific extradition treaty, another sovereign nation cannot be forced to comply with the extradition request. However, in the light of increasing international crimes majority of countries have entered into international treaties to support extradition procedures. Hence, in the instances wherein extradition is being allowed, the procedures can be broadly explained as follows, the requested jurisdiction conduct a search for the requested fugitive, and if the fugitive is found within the territory of the requested jurisdiction, then arrest is proceeded with and the next steps for extradition is initiated. All the procedures that apply to the extradition occur generally as per the law and practice of the requested state. More about the extradition process in the UAE: The extradition process generally comprises of the following steps: The requesting jurisdiction submits its request through the Attorney General to the Ministry of justice for the requesting jurisdiction. One such request is received, the Ministry of justice would proceed to send the request to the Ministry of foreign affairs (MOFA) of the requesting jurisdiction, which will then proceed to transfer the request to the respective embassy of the requesting jurisdiction located in the capital of the requested jurisdiction. From the embassy, further steps of communication are initiated with the Ministry of Foreign Affairs of the requested jurisdiction, which would then finally transfer the request to the Ministry of Justice for the requested jurisdiction. The UAE has issued federal law no. 39 of 2006 on the ‘Mutual judicial cooperation in criminal matters’ (Extradition law). In addition, the UAE is a signatory of the Riyadh Arab Convention on Judicial cooperation before the countries of Oman, Qatar, Saudi Arabia, Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia and Morocco. UAE has entered into bilateral treaties for judicial cooperation with United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan etc.

Drug Trafficking Laws in Dubai

The United Arab Emirates has a no-tolerance policy when it comes to drug trafficking. The Federal Law no. 14 of 1995 on ‘the control of narcotics and psychotropic substances and its amendments commonly referred to as the ‘Drug law’ criminalizes the production, import, export, transport, buying, selling, storing, and possessing of narcotic and psychotropic substances in the UAE. Pursuant to Article 39 of the UAE drug law, ‘Whoever abuses in any manner, possesses with the intention of abuse or personally uses in the circumstances other than those authorized any narcotic or psychotropic substances set forth in schedules 1, 2, 4 and 5 enclosed herewith shall be sentenced to imprisonment for a period of two years at least. ‘The court may, in addition to the said penalty, impose a fine amounting to ten thousand Dirhams at least. When the narcotic or psychotropic substances are classified under schedule 3 ,6, 7 or 8 of the UAE drugs laws then pursuant to Article 40 , the punishment could include imprisonment of 6 months to two years along with the fine of up to 10,000 dirhams. Article 40(1) of the UAE drugs law state that, ‘Whoever abuses in any manner, possesses with the intention of abuse or personally uses in circumstances other than those authorized any narcotic or psychotropic substance provided for in schedules 3, 6, 7 and 8 enclosed herewith shall be sentenced to imprisonment for a period of six months at least and two years at most. The court may, in addition to the said penalty, impose a fine amounting to ten thousand Dirhams at least’. When the offender is a foreigner, then additional deportation will also apply once the sentence is served. This is pursuant to article 63 of the said law, which states, ‘In addition to the sanctions set forth herein, the foreigner convicted in any of the crimes set forth herein shall be deported by virtue of a court order.’ It is a key point to understand is that the UAE courts establish the crime of drug trafficking when a person is guilty possessing of drugs. As established in UAE cassation court decisions, the crime of drug tracking is establishing if the accused is found guilty of both possessing and supplying the drugs, irrespective of whether the accused consumed the drugs or not. This constitutes ample proof for the detention of the accused, and hence any defense of non -consumption of drugs proves irrelevant before the courts. The UAE police have dedicated departments to deal with drugs' issues. In recent years the UAE has taken many progressive measures to handle drug abuse in society. The most progressive step includes the amendments to article 43 of the UAE drug laws effected in 2016, which states that no criminal proceedings will be instituted against a drug abuser when the person voluntarily presents themselves to the investigative authorities and seeks treatment.

Partnership Agreement for Small Business In The UAE

In this article we will like to highlight the important aspects on why it is critical that small businesses analyze ‘partnership agreements’ and its legal implications. A partnership agreement can be defined as a legally binding agreement between the partners of a company that outlines the roles and responsibilities of each partner and includes the very structure of how the business is to be managed. The partnership agreements can be simple or complex depending on the scope of the business operations. It is essential that partnership agreements be entered into to ensure that the rights of each partner are clearly protected and similarly the obligations of each partner are laid out in writing in clear language. This ensures to bring in a defined structure that is legally enforceable especially in the instance of a dispute. A partnership agreement is therefore a legally binding key document that exists between the partners, which particularly determines the control, and management of the company. Partnership agreements come in many forms and can be simple or complex depending on the scope of the business structure of a company. In the UAE partnership terms are generally in the form of the ‘memorandum and articles of association ‘ of a company. These constitute the integral incorporation documents of a company and are mandatory to be registered with the concerned department of economy or the concerned free zone authorities in case of free zone companies. It is essential to take proper legal advice from corporate lawyers before entering into a partnership agreement. A corporate lawyer can assist you in drafting a partnership agreement and advice you on the pro and cons of the major terms and how you can protect the best interests of the company in the long run. It is best to seek legal help while drafting a partnership agreement and to understand in depth the legalities of the key terms on which the partnership is to be founded. Some of the major factors that make partnership agreements indispensable are the following: - Determines the business activities: A partnership agreement determines the objectives of the company that constitutes the foundation on which the company is being instituted. In case of future expansion or addition of different activities to the company’s portfolio the consensus of all the partners might be required and further the agreement has to be amended to reflect the new objectives.
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