United Arab Emirates

By Shahram Safai, Nazim Hashim and Anna White

The Authors

shahram safai

Shahram Safai
Partner
ssafai@afridi-angell.com
Tel: +971 4 330 3900

Shahram is a partner at Afridi & Angell’s Dubai office. His practice consists of advising on real estate, venture capital, and corporate law. Shahram heads the firm’s real estate and venture capital teams, and has been highly sought after by boards and shareholders for strategic legal advice. He is active in lobbying for and providing constructive feedback to government organisations regarding regional laws and regulations pertaining to venture capital investment, corporate governance and realestate.Shahram is qualified as a solicitor in England and Wales and is a member of the California State Bar. He is also a registered professional engineer.

nazim hashim

Nazim Hashim
Associate
nhashim@afridi-angell.com
Tel: +971 4 330 3900

Nazim practices in the firm’s dispute resolution group. He has substantial experience in all aspects of civil and criminal litigation from case intake through to final disposition at trial. He handles a heavy caseload at a busy litigation practice, which includes conducting research and drafting memoranda used to support court pleadings. Nazim is a member of the Sudanese Bar Association.

anna white

Anna White
Associate
awhite@afridi-angell.com
Tel: +971 4 330 3900

Anna is an associate at Afridi & Angell’s Dubai office. Anna practises real estate law and has considerable experience in all areas of real estate and land development law. She advises property developers, real estate companies, and government entities in all stages of the real estate transaction. Anna holds an LLB (hons.) and Bachelor of Commerce from the University of Otago, NewZealand.Afridi & Angell’s inBrief provides a brief overview and commentary on recent legal announcements and developments. Comments and opinions contained herein are general information only. They should not be regarded or relied upon as legal advice.

Launch of the new Rental Good Conduct Certificate Service
On October 8, the Rental Disputes Centre in Dubai launched the Rental Good Conduct Certificate service.

This service is a first-of-its-kind initiative in the world.

We set out below what the service will provide and how to access it.

  • The service will allow:
    • a tenant to inquire whether or not a rental case has been filed against them;
    • a landlord to inquire about a potential tenant, and whether a rental case has been filed against them in the past; and/or
    • a tenant to inquire about the landlord and whether they are known to cause legal problems with tenants.
  • It is hoped that the new service will reduce the number of rental disputes by providing both the tenant and landlord with accurate information on each other. This in turn will allow the parties to make an informed decision on whether or not they want to sign the tenancy contract.
  • The data will be provided by the Rental Disputes Centre,which has stated that it will do so without violating the laws of confidentiality in Dubai.
  • The service can be obtained by phoning the Rental DisputesCentre or by downloading the Rental Disputes Centre app from the Apple Store or Play Store.

Launch of “remote litigation” by the Rental Disputes Centre
On October 4, the Rental Disputes Centre in Dubai launched the Remote Litigation service.

The service will allow parties to rental disputes, or their representatives, to attend the hearing before the judge electronically.

The new mechanism will work as follows:

  • A claimant can choose the option of “remote litigation” at the time of registering its rental dispute case.
  • A date and time will be fixed for the hearing of the case electronically.
  • On the hearing date, a link will be sent via email to the The parties will use this link for attending the hearing electronically along with the judge.
  • The judge will then fix a date for the judgment, after which the judgment will be available to the parties electronically.

It is hoped that this new mechanism will reduce the time for settling rental disputes in Dubai.

Travel ban in rental disputes
In June 2108, the Rental Dispute Centre announced a new mechanism for an automatic travel ban to apply to defendants in certain rental disputes. Under this mechanism, a travel ban will be issued automatically to defendants in rental disputes which involve monetary claims at the time of registration of the dispute.

The mechanism is required as the Rental Disputes Centre is facing a number of cases where defendants have left Dubai in order to avoid the execution of judgments againstthem.

The Rental Disputes Centre has announced that the travel ban can be lifted within five minutes if the defendant pays the claimed amount or provides acceptable security for the claim amount. The defendant can make an application to lift the travel ban electronically. The application can be made, and the lifting service is available, even on the weekends and holidays. If an application to lift a travel ban is successful, the relevant order from the judge to lift the travel ban will be communicated electronically to Dubai police to execute it.

 

 

Afridi & Angell
Founded in 1975, Afridi & Angell is a full-service UAE law firm in its fifth decade at the forefront of the legal community. From the beginning, our hallmarks have been a commitment to quality, unsurpassed knowledge of the law and the legal environment, and crafting of innovative business solutions. Licensed in the three largest Emirates of Abu Dhabi, Dubai and Sharjah as well as the Dubai International Financial Centre, our practice areas include banking and finance; corporate and commercial law; arbitration and litigation; construction; real estate; infrastructure projects; energy; project finance; maritime (wet and dry); and employment. We advise local, regional and global clients ranging in size and sophistication from start-ups, sole proprietorships, family-owned businesses, entrepreneurs and investors to some of the world’s largest public and private companies, governments and quasi-government institutions. We attract and retain clients with our dedication to practical guidance focused on their business needs supported by decades of experience here in our home jurisdiction, the UAE.Afridi & Angell is the exclusive member firm in the UAE of top legal networks and associations, most notably Lex Mundi, the world’s leading network of independent law firms, and World Services Group.

 

Afridi & Angell’s Legal Alert provides a brief overview and commentary on recent legal announcements and developments. Comments and opinions contained herein are general information only. They should not be regarded or relied upon as legal advice.© 2018, Afridi & Angell
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