Cyber Blackmailing

February 25, 2020

Cyber blackmailing is the threat of disclosing certain information about a person, or doing something to harm a threatened person if the threatened person does not respond to certain requests. This information is usually embarrassing or socially destructive. A common form of blackmail is threatening the victim to share private pictures or videos or expose classified information unless a big amount of money is paid.  Blackmailing can also be used to disclose confidential information about a company or workplace. Blackmail occurs by luring victims by e-mail or Social Media which are used by people of all ages. The victims are usually seduced by e-mail or social media such as Facebook, Twitter, Instagram, WhatsApp and others, because of the platforms widespread reach in all segments of society. As a matter of fact, many people are making mistakes which leads them to be blackmailed by choosing weak passwords, which enables the blackmailer to access to their data easily. Some people open any links sent to them without ensuring that it is safe to open the link, and some do not use programs which protect personal data. Hence, everyone should not publish any of their personal data to the public, should not open suspicious links and should not trust strangers on social networks. People should also avoid being into video conversations and other forms of recorded conversation that may contain offensive content or with content susceptible to manipulation in order to preclude blackmail. Also, requests to transfer payments, disclose confidential information or other things that cause damages to the victim must be avoided. The UAE legislators have included the crime of cyber blackmailing within the crimes of information technology, as stated in Article (16) of Federal Decree Law No. (5) of 2012 which stipulates that “Shall be punished by imprisonment for a period of two years at most and a fine not less than one hundred fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or information technology means to extort or threaten another person to force him to engage in or prevent him from engaging in a certain act. The punishment shall be imprisonment up to ten years if the subject of threat is to commit a felony or engage in matters against honor or morals”. The result of the crime occurs once the perpetrator extorted or threatened the victim to force him or prevent him from doing something, since the threat by itself   is considered illegal and as long as there is fear, panic, or psychological effect due to the extortion made by the blackmailer. Article (41) of the Federal Law No. (5) of 2012 on Combating Cybercrime stipulates that, without prejudice to the right of bona fide, shall be ordered, in all instances, the confiscation of devices, programs or means used in the committing of any of the crimes specified in this Decree-Law or the money earned thereof, or deletion of the information and statements or destroy them as to the closure of the domain or site in which any of these crimes is committed whether […]

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The enforcement of arbitral awards and foreign provisions within three days in United Arab Emirates

February 17, 2020

Article 85 of the Regulations of the Civil Procedures Law issued by Cabinet Resolution No. 57 of 2018 (“Regulation”) regarding the regulations of Federal Law No. (11) of 1992 regarding civil procedures, enumerates the procedures that the applicant shall take to enforce foreign provisions, orders and bonds within the state. In addition, Article 86 of the same Regulation stipulates that Article 85 applies to the enforcement of foreign arbitration awards that are intended to be implemented within the state. Likewise, Article 87 of the same Regulation stipulates that the Execution Judge shall be granted the competence to issue an order to execute attested documents and reconciliation reports ratified by the courts of a foreign country, according to the same procedures and conditions for the enforcement of foreign rulings and orders stipulated in Article 85 of the Regulation. Moreover, in order to discern the difference between the UAE Federal Civil Procedure Law before its amendments and after the new amendments stated in the regulation, through which it facilitate execution procedures; we shall firstly present the method of implementing judgments, orders, foreign arbitration awards, attested documents and reconciliation reports, which has been ratified by the foreign state courts according to the UAE Federal Civil Procedure Code before amending it. The Procedures of obtaining the Executory judgment in the UAE Federal Civil Procedure Law before amending it: The UAE Federal Civil Procedure Law previously required the claimant to file a lawsuit, in which the claimant shall request to enforce the provisions, orders, foreign arbitration awards, attested documents and reconciliation reports, which has been ratified by a foreign country court. However, in the event that a judgment has been issued by a court of first instance in favor of the claimant; the latter cannot initiate the execution procedures until and unless the judgment is considered definitive/final, either by the completion of the appeal deadline dates, or by adjudication of the appeal with a final judgment. Furthermore, in accordance with the provisions of the UAE Federal Civil Procedure Law, the judgment issued by the appeal court can be challenged by filing a cassation case before the cassation court. The aforementioned procedures used to consume a lot of time before the judiciary system/courts in order to enable the prevailing party to commence the execution procedures of any provisions, orders, foreign arbitration awards, attested documents and reconciliation reports, which has been ratified by a foreign country court. Procedures for obtaining the Executory Judgment in accordance with the Regulation after amendments: Nonetheless, after applying the amendment included in Article 85 of the Regulation, it has become smoother and easier to enforce provisions, orders, foreign arbitration awards, attested documents and reconciliation reports, which has been ratified by the courts in a foreign country. Accordingly, the applicant shall file an “order on a petition” case to the execution judge in accordance with the conditions stipulated in Article 16 of the Regulation, in which it stated that the “order on a petition” shall include the required data of filing a case. Subsequently, the execution judge shall issue the judgment within 3 days from the date of filing the “order on a […]

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Be aware: Defaulters in UAE may be pursued in India

February 17, 2020

In a historical development of India and UAE relationship, UAE Judgment will be recognized and enforceable in India based on reciprocity as per the Notification issued by the Government of India on 17 January 2020 (“Notification”). On 17 January 2020,  Government of India published in its official gazette Notification for recognition of the UAE as a ’Reciprocating Territory’ under  The Code of Civil Procedure of 1908 of India (5 of 1908) (“Indian CPC”) relative to the enforcement of UAE judgments by Indian Courts. Thus, a judgment passed by a ‘Superior Court’ of UAE can be directly enforced in India by filing a certified and legalized copy of the final and conclusive judgment. Background of the Notification India and UAE had entered into an Agreement on 25 October 1999 on Juridical and Judicial Cooperation in Civil and Commercial Matters for the Service of Summons, Judicial Documents, Commissions, Execution of Judgments and Arbitral Awards (“Agreement’). The Agreement so far only applied to service of summons, judicial documents or processes, recording of evidence by means of Letters of Request and / or commissions and execution of decrees and arbitral awards. On 29 May 2000, the instrument of ratification of the Agreement was exchanged and published in the Indian Gazette on 16 December 2000. However, until publication of the Notification in official gazette on 17 January 2020, India had only given effect to service of summons and other process under Section 29 (c) of the CPC. On 17 January 2020, the Ministry of Law and Justice of the Government of India issued a notification stating that: “In exercise of the powers conferred by Explanation 1 to Section 44A of the Code of Civil Procedure Code of 1908  (5 of 1908), the Central Government hereby declares , United Arab Emirates to be  a reciprocating territory for the purposes of the said section and the following Courts in United Arab Emirates shall be the superior Courts of that territory, namely:- Federal Courts: Federal Supreme Court Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah. Local Courts: Abu Dhabi Judicial Department; Dubai Courts; Ras Al Khaimah Judicial Department; Courts of Abu Dhabi Global Markets; Courts of Dubai International Financial Centre”. Reciprocity The Notification of 17 January 2020 is based on reciprocity. The judgment issued by foreign courts has no admissibility and hold no evidentiary value in Indian Courts, unless they are declared to be ‘Reciprocating Territories’ under Section 44 of Indian CPC. Section 44A of Indian CPC summarises the principle of reciprocity, i.e. execution in India of foreign decree passed by a foreign country (reciprocating) and the manner in which it is to be done. The said provision provides: “44A. Execution of Decrees passed by Courts in reciprocating territory— (1) Where a certified copy of a decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it has been passed by the District Court.  (2) Together with the certified copy of the decree, a certificate from such superior court shall […]

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the 3rd DIAD-DIAL Conference

February 16, 2020

On 13 February 2020, Mohammed Alsuwaidi, the Managing Partner of Al Suwaidi & Company participated in the 3rd DIAD-DIAL Conference that was held in Al Habtoor Palace, Dubai, UAE from 13 – 15 February 2020 and talked about “Cases ended up in court” where he discussed the legal concept of Medical Responsibility; Negligence and definition of medical error as well as its penalty. He also talked about the liability of a plastic surgeon and discussed some cases that reached the Court.

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Landlord and tenant’s agreement on the jurisdiction of the DIFC Courts with respect to the rental of real estate in Dubai contravenes public order

February 12, 2020

  The legal knowledge relating to real estate rent issues in Dubai is an important necessity that all landlords and tenants should be aware of. Especially when it is so easy for landlords and tenants to make mistake in concluding lease contracts. This article will focus particularly on the place of jurisdiction in the event of a dispute. It is necessary to distinguish between the jurisdiction of the Dubai Rental Disputes Center (Center) by considering the disputes arising between landlords and tenants in the emirate or in the free zones and the jurisdiction of the Dubai International Financial Center (DIFC) courts with real estate located in the spatial scope of the DIFC, we clarify this as follows: Article 1: Jurisdiction of the Rental Dispute Center: The Rental Disputes Center in Dubai specializes in all rental disputes in all areas in the Emirate except for disputes within areas that have special committees or competent courts. Article (3) of Law No. (26) of 2007 on regulating relationships between landlords and tenants in the Emirate of Dubai states that the law shall be applicable to leased properties in Dubai, including open and agricultural lands. This excludes hotels and free accommodation provided by natural or judicial persons to their employees. Article (6) of Decree No. (26) of 2013 Concerning the Rental Disputes Centre in the Emirate of Dubai states that: The Centre will have the exclusive jurisdiction to: 1) Determine all Rent Disputes that arise between landlords and tenants of real property situated in Dubai or in free zones, including counterclaims arising therefrom, as well as determine applications for interim or urgent relief filed by any of the parties to a lease contract; 2) Determine appeals from the decisions and judgments that are subject to appeal in accordance with the provisions of this Decree and the regulations and resolutions issued in pursuance thereof; and 3) Enforce the decisions and judgments issued by the Centre in the Rent Disputes that fall within its jurisdiction. The Centre will have no jurisdiction to hear the following Rent Disputes: 1) Rent Disputes that arise within the free zones which have tribunals or special courts having jurisdiction to determine the Rent Disputes that arise within their boundaries; 2) Rent Disputes that arise from a lease finance contract; and 3) Disputes that arise from long-term lease contracts covered by the above mentioned. The above mentioned points clarify that public order contravenes any agreement between the landlords and tenants on the jurisdiction of the DIFC courts to deal with rent disputes outside the scope of the DIFC. Article 2: Jurisdiction of DIFC Courts: The UAE legislator has exclusively defined in the Real Property Law the jurisdiction of the DIFC to hear all real estate disputes that are within the spatial scope of the DIFC. In other words, all real estate located within the spatial and geographical scope of the Dubai International Financial Centre shall have jurisdiction in that case exclusively to the courts of the DIFC. Whereas, by reviewing the Real Estate Property Law No. 10 of 2018 of the DIFC, we find that the issue of jurisdiction has been resolved […]

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Clarifications on the Protection Decree Concerning Domestic Violence

February 12, 2020

Morally and cognitively, developed societies strive to eliminate all kinds of crimes and excluding them from the circle of interactions between all groups of society, especially the family. The family is the fundamental core of all peoples; it may be basis of growth and progress and may be the basis of decline and devastation. Therefore, the issuance of special legislation to protect the family is a very essential matter stemming from the deterrence and protection dualism. Accordingly, on 29 August 2019, the President of the United Arab Emirates issued Federal Law No. (10) of the Year 2019 concerning Protection Against Domestic Violence (hereinafter, the “Law”). The Law will come into effect from the date to be determined by the UAE Council of Ministers’ decision. The Law contains 13 articles that includes the Law’s objetives, the concept of violence,  penalties, and settlements. The provisions of the Law shall apply to domestic violence crimes committed by a family member against another member of his family, whether he is from the immediate or branch or relatives by lineage or marriage to the fourth degree, or from persons covered by alternative family custody. This Law has been issued to protect the family and deter all harmful practices against the family that affects the physical state, integrity and mental health of the family, women, and children. Violence is not only physical The Law not only criminalizes physical violence, but also has set out three other categories that have been added to physical violence, namely: psychological, sexual and economic abuse. The link between these three types is the consequence and effect of violent action, which results in moral, physical, material or sexual harm. Any of these causes a person to feel unsafe and insecure and his/ her psychological and mental state exposed to constant danger. The Role of the Public Prosecution The Law gave the Public Prosecution the power to issue a protection order on its own or based on the victim’s request to deter violent action and protect the victim’s body, well-being and economic status. The Law has provided protection measures to be issued by the Public Prosecution when needed such as preventing approach or entry to the places designated for victim’s protection or any places mentioned in the protection order that has specified for a minimum of thirty days and a maximum of sixty days. Penalty or Conciliation The provisions of the Law covers the principle of punishment for the commission of the criminal offense and the principle of tolerance and reconciliation to allow family members to restore their relationship. The penalty in this Law ranged from imprisonment for a period of three to six months and a fine between 1,000 and 10,000 AED, if the offender violated the protection order issued by the Public Prosecution, or if it commits any of the criminal acts stipulated in the decree. The Law also referred to the provisions of UAE Penal Code of 1987, and doubled the penalty if the offender repeated an act of family violence within one year. As for conciliation, the Law referred to the provisions of the Criminal Procedure Law No. 35 […]

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Law No. (2) of 2019 Amending Some Provisions of Law No. (21) of 2015 Concerning Judicial Fees in Dubai Courts

February 12, 2020

  His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister, in his capacity as Ruler of Dubai, has issued an amendment to Law No. 21 of 2015 regarding the new fees of the Dubai Courts. The amendment replaced the provisions of Articles (8), (14) and (35) with provisions relating to non-payment of fees, the estimated value of the case, and the relative fees for implementation. The revisions include: Not subject to fees: According to the amended Article (8), certain categories, such as, claims, appeals and applications are not subject to the fees initially prescribed by the original law. As such, claims, appeals or applications filed by federal or local governmental authorities in any of the emirates of the country, or claims related to endowments, donations and wills for charitable works, and charitable associations, or claims filed by shareholders against the Board of Directors of a public shareholding company or its executive management –  whenever the percentage of the company’s claimants’ share does not exceed (10%) of its total shares, are not subject to fees. Furthermore, the fees prescribed by the original law shall not be subject to appeals against alimony judgments, deposit by Trustee in Bankruptcy, bidder’s deposit of the price of the property, and what the federal and local governmental authorities deposit on behalf of the concerned parties. Applications for publicity or proof of Islam, ratification of a social welfare application, and requests for death and heredity are also not subject to fees. Estimated Value According to the amended Article (14), claims filed before the courts of first instance, civil suits of a criminal case and claims arising out of commercial business of more than 500,000 dirhams, excluding personal status lawsuits, shall be charged a fee of (6%) of the claim value. The amount of this fee shall be from a minimum of AED500 but not more than AED20,000 if the claim value does not exceed AED500,000; AED30,000  if the claim value ranges between AED500,001 to AED1,000,000; and AED40,000 if the claim value is over AED1,000,000. The same article stipulates that the lawsuits arising from commercial business brought before the courts of first instance which are worth AED500,000 or less shall be charged 6% of the claim value provided that the amount of this fee shall not be less than AED500 and not more than AED20,000, and this fee of (6%) of the claim value shall be collected from the claimant upon registering the claim. The amount of this fee shall not be less than AED 500 and not more than AED5000. This amendment is in favor of claimants who filed a commercial lawsuit with a claim of less than AED500,000, to pay court fees upon filing a suit with a maximum of AED5,000 instead of AED20,000, as provided for under the original law prior to this amendment. In addition, it has been stipulated in this Article that this fee paid by the claimant shall be added to the expenses of the adjudged lawsuit and shall be collected from the convicted person by a final judgment. This is equivalent to 6% of the value of the […]

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