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Articles

Annulment of Award Possible if Procedures in Arbitration Contract or Terms of Reference Not Complied
A party to an arbitration contract have right to request annulment of arbitration award if arbitrator did not follow the procedures contained in the arbitration contract or the agreed terms of reference. Terms of reference is the agreement between...
By Hassan Mohsen Elhais
What Women Need When They Decide to Get a Divorce
Most women seeking divorce have 3 priorities - divorce certificate, custody of the children, maximum financial support and settlement. After the No Objection Certificate (NOC) is received from the Family Guidance Committee in order to file...
By Hassan Mohsen Elhais
Family Law - Finance: Capital, Property
What powers does the court have to allocate financial resources and property on the breakdown of marriage? The court will not automatically consider the financial position of a separating couple unless an application is made to the court. Unless...
By Hassan Mohsen Elhais
Family Law - Settlement Agreements
Following a No Objection Certificate from the Family Guidance committee, the parties can file their family case in the Dubai Courts. In the second part of the of the guide through family court proceedings, we shall be outlining...
By Hassan Mohsen Elhais
Divorce For United Arab Emirates Resident Under United Arab Emirates Family Law and Hindu Marriage Act 1955
In a recent Supreme Court case decision, according to Article 13 of the personal status law, court of cassation applied foreign law in a divorce matter As per Article 13, either party has a right to request to the court to apply foreign law in...
By Hassan Mohsen Elhais
Family Law - Children
Briefly explain the legal position in relation to custody or parental responsibility following the breakdown of a relationship or marriage. Parents do not share equal parental responsibility for the child. Following a divorce, the mother will...
By Hassan Mohsen Elhais
Arbitration Article Series III: Terms of References
As per the arbitration and civil rules in the United Arab Emirates, the arbitration rules shall be governed by the Terms of Reference. The Terms of Reference is a document used within international arbitration law. Its main purpose is to ensure...
By Hassan Mohsen Elhais
Arbitration Article Series IV: Enforcing Arbitration Awards
In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the United Arab Emirates courts to require the foreign award to satisfy the rules and procedures of the United Arab Emirates, and they may refuse..
By Hassan Mohsen Elhais
Family Law - Jurisdiction and Conflict of Law
What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one 'Emirate' within the 'United Arab Emirates'. Each Emirate is governed individually.
By Hassan Mohsen Elhais
Banking Law - An Introduction to Personal Guarantee
The economic boom in United Arab Emirates has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism. According to common practice in the...
By Hassan Mohsen Elhais
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