Khiarallah Advocates & Legal Consultants
UAE Law & Legal Articles Blog

Liquidation

Liquidation is the method by which a Limited Liability Company, Sole Establishment and Free Zone Company closes its operation legally. Company based in United Arab Emirates can be dissolved voluntarily or when it can no longer pay its debts. There are two types of liquidation procedures: voluntary liquidation and compulsory liquidation. Advantages of Liquidation: It happens to the company, not the individuals within the company. Management of the liquidation is passed onto the appointed liquidator, relieving some of the stress that a director may incur as a result of the process. Once the company is liquidated, creditors can no longer … Continue reading Liquidation

Marriage dissolution and spouses’ separation in Indian Christian law & Authenticity of husband’s request to drop wife’s custody of their son due to his departure to India.

One of the cases in which the Indian Christian law approves the dissolution of marriage and separation of spouses is when one of them treats the other cruelly in a way that makes life dangerous and harmful for the spouse who is filing for divorce. Hence, the victim can file for divorce for any marriage that was made either before or after the promulgation of the amended Indian Divorce Law in 2001. Dubai Appeal Court established this principle disclosing in the verdict’s logs that it had been affirmed from the presented documents that the wife filed the lawsuit against her … Continue reading Marriage dissolution and spouses’ separation in Indian Christian law & Authenticity of husband’s request to drop wife’s custody of their son due to his departure to India.

Extending Mother’s Custody Of Her Children Until Son’s Puberty And Daughter’s Marriage

The Court of Appeal in Dubai has ratified a first instance rule to extend the mother’s custody in spite of the son reaching the age of 11 years old and the daughter 13 years old as per the rules of Article 156 of Personal Status Law issued under Federal Law 28 in 2005. Here are the proceedings in brief … the custodial father filed a lawsuit to drop the mother’s custody of their children H and D since they were of the legal age. As legal representatives of the mother, we filed a counter claim, requesting the extension of the … Continue reading Extending Mother’s Custody Of Her Children Until Son’s Puberty And Daughter’s Marriage

Real Estate Legal Services in UAE

At Khairallah Advocates & Legal Consultants our attorneys have unparalleled expertise in the real estate with extensive experience advising on every aspect of real estate law from acquisition of land and procurement of real estate financing to successful recovery of high-value property investments through carrying out negotiations to resolve the dispute amicably by reaching settlement or through formal legal proceedings.

Indirect Lawsuit according to the UAE’s Civil Procedures Law

The indirect lawsuit is a legal method that is authorized by the legislator to the creditor to protect his right as a general guarantee from becoming affected or minimized as a result of his debtor’s failure in using and claiming his right. Therefore, the indirect lawsuit aims at protecting the creditor from the debtor’s default through enabling the creditor in assuming the debtor’s rights and claim on the latter’s behalf.   In this connection, the two Articles 392 & 393 of the Federal Civil Procedures No. (5) for the year 1985 and amendments thereto concerning the indirect lawsuit, prescribed that … Continue reading Indirect Lawsuit according to the UAE’s Civil Procedures Law

Criminal Rehabilitation in UAE

This article would tell you about the criminal rehabilitation in UAE and its classification. Criminal rehabilitation means removing the criminal effects from the criminal record of the convicted subject to certain conditions as stipulated by law. Rehabilitation aims at reducing the social consequences of the criminal judgments included in the criminal record, which may hinder the convicted from involving in society. According to Federal Law No. (36) Of 1992, rehabilitation is classified into two types: Legal Rehabilitation The judgment of conviction is dismissed by law without any judicial intervention or a request from the convicted if the latter is not … Continue reading Criminal Rehabilitation in UAE

Trademark Infringement & Counterfeiting in UAE Law

This article would tell you how Khairallah Advocates & Legal Consultants helped one of their clients, a popular water brand, to resolve the trademark infringement dispute with a competitor. It was not a great surprise for the owner of a well-known water brand (Plaintiff) carrying business since 1969 in several countries to find its trademark was registered by Competitor Company (Respondent) in the UAE enjoying their trade name. When approached the concerned Ministry, Plaintiff was surprised by finding that the Respondent registered their trademark under same category/activity already. Plaintiff sent warning notice to Defendant for canceling registration, but no avail. Hence, … Continue reading Trademark Infringement & Counterfeiting in UAE Law

Fire Insurance Policy in UAE

Everybody knows that risk is an inherent aspect of Man’s life. It made him develops and takes precautionary measures to protect himself, his family and properties against risks . Despite being quite aware that such measures will not protect him from his fate, Man tends to take such measures to mitigate the adverse consequences of the risks whenever occurred. Among such measures is insurance whether for life or properties which include “Fire Insurance”. Insurance implies “Safety” and “Security” and legists have defined it as “an agreement that Insurer thereby undertakes to provide insurance against certain risks in consideration of an … Continue reading Fire Insurance Policy in UAE

Maritime Arbitration in Dubai – Emirates Maritime Arbitration Centre

United Arab Emirates (UAE) is the major maritime hubs bridging Asia and Europe. It is located geographically in the cross road of three major international maritime roads: Suez Cana, Bab el-Mandeb Strait and Strait of Hormuz. In the year 2007, His Highness Sheikh Mohammed bin Rashid Al-Maktoum, the Ruler of Dubai, established Dubai Maritime City Authority (DMCA) to monitor, develop and promote maritime activities in Dubai. UAE is registering dense maritime activity in oil and goods transportation. To increase confidence in the UAE market, DMCA took the initiative to establish a specialized maritime arbitration centre known as “Emirates Maritime Arbitration Centre”. Emirates Maritime … Continue reading Maritime Arbitration in Dubai – Emirates Maritime Arbitration Centre