Litigation

In the field of litigation, Zayed Al Shehhi Advocates and Legal Consultants has gained a distinguished reputation based on a unique and advanced method in customer service. The strength of that Law Firm in the field of litigation lies in the fact that it did not specialize in one branch or in a limited number of branches of law, as specialization does not lead to achieving integration in the services it provides. It has been keen to be distinguished at least in; civil, penal, real estate, commercial, labor, banking, personal status, interdiction, guardianship and custodian cases. As well as determination of heirs and legacy, Compensation, insurance, rental, maritime and air transport, company liquidation, debt recovery , insolvency, bankruptcy and tax cases.

Years of experience in the litigation practice have helped boost the confidence of our clients. We resort to Courts only after exhausting efforts for an amicable settlements and we work towards convenient and cost-effective means in reviewing, drafting and negotiating, providing special attention to our clients.

Whereas, the Civil Law regulates the daily life of individuals and the dealings of legal persons such as institutions and companies, Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Services are specialized in all its disputes. Including, but not limited to, compensation cases, contract termination, validity and enforceability of contracts and financial claims arising from contracts, and the cases related to all types of insurance, in addition other cases of a civil nature, as we have extensive experience in that field and we have a qualified work team that handles these cases.

Criminal Law is a set of legal rules that define crimes, and impose special punishment or measures for each crime separately. Finding out that you have been charged with a crime is an incredibly stressful and frightening experience. A conviction can have a lasting impact on your finances, your reputation, and your family for years into the future. The legal team at Zayed Al Shehhi Advocates & Legal Consultancy has the knowledge and experience necessary to obtain the best possible outcomes for our clients. We have a skilled & expert attorney to handle your case in court, protect your rights before a jury, and defend your future.

The reality in life is that a person can prevent himself from committing a crime, but he cannot prevent himself from finding himself accused, and since accusation is a dangerous and horrible situation, and since accusations are not presented to a person, and accusation does not overpower him in a position of certainty. because criminal cases have a special nature as they relate to the lives, freedoms and rights of people. Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services have been keen to coexist with the client, whether he is an accused or a victim, his suffering and anxiety, and standing behind him as long as it can. To instill a spirit of reassurance in him and to prevent every imminent danger with his life, money, freedom or rights.

Therefore, it was keen to have a qualified work team to prepare the defense and plead before Penal Courts of various degrees. Among the cases, it took and achieved satisfactory results, for example, but not limited to, cases of murder, assault on the integrity of the body, forgery, rape, indecent assault and drug trafficking, psychotropic substances, drug and psychotropic substance abuse, theft, fraud, breach of trust, insult, cheque cases, trust receipts, cybercrime cases, and other cases of a criminal nature.

The legal team at Zayed Al Shehhi Advocates & Legal Consultancy has the knowledge and experience necessary to obtain the best possible outcomes for our clients.

Zayed Al Shehhi Advocates & Legal Consultants carries out the procedures of analysis, negotiation, registration and completion of the sale and acquisition of offices, retail stores, residential and industrial properties and hotels located throughout the United Arab Emirates. We also provide legal services in all aspects of ownership and sale, including careful review of leases, planning and environment, advising on financing international and national projects, local and international tax laws and tax structures in relation to real estate as well as property litigation.

Everyone knows that the real estate market in the United Arab Emirates is a thriving market and the movement of buying and selling in it is continuous. Therefore, the emirates of the country have been keen to issue a number of special legislations that govern the relationship between the parties to contracts whose place is to develop a real estate or dispose of it by selling or otherwise of legal actions, in order to preserve the mutual rights regulated by those contracts. Especially in light of the introduction of a new type of real estate sale, which is called off-plan sale, which was defined by Law No. (13) of 2008 regulating “Interim Real Estate Register” in the Emirate of Dubai as the sale of real estate units that are separated off-plan or that are under construction or that have not been completed. This law stipulated in Article No. (3) that: “Any disposition that occurs in respect of any Real Property Unit sold off-plan will be entered in the Interim Property Register, and any sale or any other legal disposition that transfers or restricts ownership or any ancillary rights will be void unless entered in that Register”.

In view of the accuracy and seriousness of the cases that are the subject of a real estate dispute, which is most likely to be a contract with a large financial value amounting to millions of dirhams, it was necessary for the Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services to possess the professionalism that qualifies it to initiate real estate cases and achieve the best results for the benefit of it clients. It has already succeeded in owning that profession and achieved satisfactory results, knowing that it initially seeks to try to resolve the dispute between its clients and their litigants amicably and reach a settlement before resorting to litigation in order to save time and money for its clients.

In order to create a kind of integration with the legal services provided by Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services with regard to companies, businesses and commercial cases, it has been keen to make one of its branches of business the provision of electronic services to the private Notary Public system, of the first category. Including, memorandum of association of Limited Liability Company, memorandum of association of a joint company, memorandum of association of a civil business company, contract of appointment of a citizen services agent and termination of the memorandum of association of Limited Liability Company. As well, termination of the memorandum of association of a joint company, termination of contract of a civil business company, termination of contract Local service agent, meeting minutes, power of attorney for commercial transactions, power of attorney for residence and foreign affairs, power of attorney for reviews and power of attorney for rental disputes. In addition, certifying of signature approval, legal notice to cancel issued power of attorney, legal notice to cancel power of attorney by the notifying party, cancel power of attorney in presence of attorney and principal, legal notice by the notifying party and issued legal notice.

 

According to Article No. (1) of the UAE Commercial Transactions Law, its provisions apply to merchants and to all commercial activities carried out by any person, even if he is not a merchant. Given that commercial transactions between persons, whether natural such as individuals or legal entities such as companies and institutions, often disputes arise from them related to the failure to implement mutual obligations. Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services have been keen to provide a distinguished service in all cases of a commercial nature such as cases related to supply, sale, purchase, import, export, transport, brokerage contracts and Banks and financial institutions cases, conciliation that prevent bankruptcy, bankruptcy, insolvency, debt settlement cases, and other cases.

Whereas, the United Arab Emirates has Federal Law No. (2) of 2015 regarding Commercial Companies, which, according to Article No. (2) thereof, aims to contribute to the development of the business environment and the state’s capabilities and economic standing by regulating companies in accordance with global changes, especially those related to the regulation of governance rules and the protection of shareholders and partners rights and support the flow of foreign investment and the promotion of corporate social responsibility. Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services were keen to provide a distinguished legal service in relation to the establishment of companies, the drafting and writing of memorandums of association and contracts amending memorandums of association. As well as, documenting those contracts, liquidation and termination of companies, transfer, merger and acquisition companies, cases arising between partners or shareholders in connection with the management of the company or conducting its business and cases related to the invalidity of corporate contracts, to other legal services related to commercial companies.

The Middle East boasts of a strong maritime tradition and has seen significant growth in commercial activity with an exponential growth in oil carriers and shipping containers that pass through UAE. This has seen the country rapidly establish itself as one of the busiest ports operating within the region.

Among the laws of the United Arab Emirates is Federal Law No. 26 of 1981 regarding Maritime Commercial Law, and according to Article No. (8) of this law that:

1- Its provisions do not prejudice international agreements ratified by the state.

2- Where there is no special provision in this law, it shall apply:

a- Maritime customs that do not conflict with the provisions of Islamic Sharia.

b- The Rules of Justice.

In view of the importance of maritime trade and maritime transport and the accuracy of the disputes arising therewith, Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services have given great attention to cases related to maritime trade and maritime transport. Such as cases arising from maritime transport contracts, marine insurance contracts, ship insurance contracts and cases related to the actions that are the subject of the creation or transfer of the right of ownership on the ship. As well as, cases arising from contracts of time chartering ships, cases arising from sale (CIF) and sale (C&F), request for the signing of provisional seizure of ships and other related cases.

(Montreal Convention of 1999)

In view of the importance of Commercial Air Transport and the accuracy of the disputes arising from it, Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services have given great attention to cases related to Commercial Air Transport such as cases arising from commercial air transport contracts and compensation cases arising from the liability of the air carrier, as well as other related cases.

As far as Aviation Law is concerned, we have vast experience in advising on commercial and regulatory issues, fleet renewal, business jet acquisition, and asset-based financing, reputation, aviation contract work, crisis management, strategic safety and brand reputation issues including insurance and reinsurance liability.

The Dubai Court of Cassation established the legal rule that the provisions of the Montreal Convention of 1999 apply only to the International Air Carriage of persons, baggage or goods. In addition, the carriage is required to be commercial, that is the transport from which the carrier aims to make a profit from the wages he obtains from passengers or owners of goods and whether the profit is realized or not. However, free transport is subject to the rules of the aforementioned Convention if it is carried out by an airline of an air transport organization. The provisions of this convention apply whether the international transporter is the state, a person of public law, individuals, companies and private institutions, in accordance with the conditions set forth in Article (1). The convention on International Air Transport excluded letters and postal parcels from the scope of its application, and expressly stipulated that the carrier shall not be liable in the case of transporting postal items except against the competent postal authority and in accordance with the rules of the relationship between them. What was stipulated in the Montreal Convention of 1999 regarding the exclusion of the carriage of postal items from the scope of its application was not new, but it is an extension of what was initially pursued by the Warsaw (Warsaw) Convention of 1929 regarding the Unification of Some Rules of International Air Transport.

(The rule issued in 2020 rights, included in the judgment of the Dubai Court of Cassation on 08/10/2020, in Appeals by Cassations Nos. 273/2020 Civil & 312/2020 Civil)

(Family Law)

The services of Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services Public mainly cover divorce, custody, expenses, wages, obedience, disobedience, custody cases, guardianship, custody, inheritance cases, determination of heirs case and other case. It deals with family and personal status cases through its specialized team in Personal status laws and International Judicial Jurisdiction.

Whereas, the personal status and family cases deal with sensitive issues in human emotions, our team handles these matters with sensitivity whilst remaining a pillar of strength to the client during all stages. We are highly experienced in all areas of Shariah Law and can help our clients make good decisions while understanding various facets of this law like Child Custody Laws, divorce mediation and settlement, determination of entitlements or protection of assets etc.

In accordance with paragraph no. (2) of Article No. (1) of Emirate Personal Status Law that the provisions of this Law shall apply to citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law. According to Article (5) of the same Law, The State courts shall have jurisdiction on Personal Status litigations in which citizens, or aliens, having a domicile, residence, or place of business in the State, are defendants.

Zayed Al Shehhi Advocates and Legal Consultants is one of the leading Law Firms in dealing with Rental Cases and has the authority to attend before rental committees and has represented many companies and individuals in such cases, which enabled its team to possess a wide experience in dealing with rental cases and achieve an average rate high success therein. Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services are always ready to take on eviction cases, termination of the lease contract, termination of the rental relationship and determining the rental value. As well, reducing the rental value, claiming the rental value, claims for compensation for loss of benefit, and orders on petitions such as the order on a petition to remove violations and the order on a petition to enable the plaintiff to carry out necessary repairs, as well as other Rental Cases.

The rental contract has provisions in the Federal Civil Transactions Law No. (5) of 1985, which defines lease in Article (742) of it as it is granting ownership of the use of a specific thing to the lessee for a certain time in return for a fixed rent. This law defines the pillars of the lease contract, its effects and cases of termination, in addition to the fact that the Emirates of the State have been keen to issue special legislation regulating the rental relationship between lessors and lessees, For example, the legislations of the Emirate of Dubai, such as Law No. (26) of 2007 regarding Regulating Relationship between Landlords and Tenants in the Emirate of Dubai, and Law No. (33) of 2008 amending some provisions of Law No. (26) of 2007 regarding Regulating Relationship between Landlords and Tenants in the Emirate of Dubai, the provisions of which, in accordance with Article No. (3) thereof, apply to Lands and Real Estate leased in the emirate, with the exception of real estate provided by natural or legal persons for the accommodation of their workers without receiving a rental allowance.

Zayed Al Shehhi Advocates and Legal Consultants has been keen to have a qualified and distinguished work team to play an effective role in the labor cases and collective labor disputes handled by the Law Firm which helped it over the years to achieve excellent results with regard to cases of claims for labor entitlements. Such as salaries, vacation allowances and compensation for dismissal arbitrary compensation, warning allowance, overtime allowance, holiday allowance, return home ticket, end of service gratuity, and other labor claims, and other claims of a labor nature.

Federal Law 8 of 1980 regarding the regulation of labor relations regulates the contractual relationship between the worker and the employer in the United Arab Emirates defines the employment contract in Article No. (1) of it as Any Agreement, whether for a limited or for an unlimited period, concluded between an employer and an employee under which the latter undertakes to work in the service of the employer and under his management or control against a remuneration payable to him by the employer. This law stipulated in Article No. (6) that:

Without prejudice to the provisions concerning the collective labor disputes, stipulated hereunder, if the employer, worker or any beneficiary thereof lodges claim concerning any of the rights occurring to any of them under this law, he is required to apply to the concerned Labor Department. In addition, the latter shall call both parties and will take whatever is considered necessary for settlement of dispute between them amicably. But if amicable settlement has not been reached, the said department must refer the dispute to the competent Court within a fortnight from the date of application being submitted to it. The case so referred should be accompanied with a memo giving a summary of the dispute, evidence of both parties and the comments of the Department.

Within three days from date of receipt of the application the Court will fix a hearing for the case, and summon to this effect will be served upon both parties of the dispute. The Court may request a representative to appear for the Department of Labor to explain the contents of the memo submitted by it.

In all cases no claim for any rights due according to the provisions of this Law will be heard after lapse of one year from date of its maturity, neither will the action be heard if the procedures provided for in this Article have not been complied with.

Governments around the world are implementing policies that demand greater financial transparency and seek higher tax returns from taxpayers, and navigating the evolving global tax environment requires experience, strength, and a deep understanding of the practical impact on multinational corporations and investors over public tax planning. Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services is one of the leading institutions in tax disputes and is considered a trusted Law Firm by many multinational companies who have witnessed its high quality with regard to representing its clients in tax disputes.

Since the imposition of VAT has become a reality in the UAE, Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services has entered the field of tax disputes arising from the application of the VAT system to play its role in representing its clients before the judiciary in what arises from those disputes.

Zayed Al Shehhi Advocates and Legal Consultants and Private Notary Public Services represents its clients in the field of intellectual property before the institutions and authorities concerned with registering patents and intellectual property and before the judiciary in what arises from disputes regarding patents and intellectual property.

No business can afford to take its intellectual property for granted. An often misunderstood sector, our intellectual property litigation experience extends from patents, copyright and trademark infringement to those involving trade secrets, counterfeiting, advertising, e-commerce and more. With broad experience in all areas of Intellectual Property Law, we help our clients identify and secure their intellectual property rights, providing ongoing support and representation regarding both online and offline matters for personal matters as well as within the corporate sector.

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