From Left to right: Majid Saqr Al Marri, CEO of the Registration and Real Estate Services Sector; Sultan Butti Bin Majren, Director General of Dubai Land Department; Mohammed R. Alsuwaidi, Managing Partner of Al Suwaidi & Company; and Nasser Suleiman, from Dubai Land Department’s Management

Dubai Land Department Partners With Al Suwaidi & Company On Real Estate Lawyer Initiative

September 14, 2020

Al Suwaidi & Company is one of the selected law firms in the UAE to partner with the Dubai Land Department (“DLD”) on the Real Estate Lawyer initiative. The Real Estate Lawyer initiative presents Dubai as one of the world’s most attractive investment destinations globally. The Initiative opens Dubai’s real estate industry to both local and international investors by promoting the ease and efficiency of real estate transactions.   The Initiative anchors real estate transactions on transparency, making verifiable information readily available through legal professionals and technology. On 5th March 2020, Al Suwaidi & Company signed an agreement with the DLD which licenses and regulates ‘Real Estate Lawyer(s)’ in Dubai. The agreement was signed by HE Sultan Butti bin Mejren, Director General of DLD, and Mohammed R. Alsuwaidi, Managing Partner of Al Suwaidi & Company. By encouraging foreign participation in Dubai Real estate market, the DLD hopes to further stimulate the sector. The DLD’s real estate initiative is designed to encourage a wider base of investors including foreign participation in the Dubai real estate sector. By easing the processes through the use of technology and cooperation between public and private stakeholders, the DLD hopes to stimulate growth and investment in Dubai’s real estate sector and in the wider Dubai economy. As one of the leading law firms in the UAE, with extensive experience and deep-rooted understanding of real estate law, Al Suwaidi & Company was selected as law firm partner to the DLD and has been accredited and licensed by the DED as an approved Real Estate Lawyer. With its license, Al Suwaidi & Company will have access to Dubai’s Real Estate Register and the Interim Register. This will enable us to conduct the necessary due diligence, enquiry and search on properties and ensure that our Clients have comprehensive and accurate information on properties which are of interest to them. The DLD will also rely on our certifications on company structures and ownership which will facilitate the registration of real estate transactions. Al Suwaidi & Company will also have access to Real Estate Escrow services account maintained by DLD for real estate dispositions, and further be fully licensed to provide Legal Consultation Service for real estate matters. Over time, we envisage other mutually agreed services to be included. The DLD will benefit from our cooperation as we will assist in providing information on real estate transactions. We will also encourage real estate transactions with the ease of verification of property legal status, thus promoting Dubai real estate as an asset. By acting as Legal Consultants to the DLD and its Clients, they too will benefit from our experience and expertise in UAE real estate law.   “We are pleased to work with the DLD on this excellent initiative. Our firm, Al Suwaidi & Company, has operated in the UAE for over two decades and our lawyers are suitably knowledgeable in real estate transactional matters. The DLD’s initiative is vital as it lifts the quality of legal services received by investors and in so doing, stimulates comfort and assurance. This initiative is key in promoting Dubai as one of the world’s most […]

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Knowing and understanding the UAE Courts system: a comparison of the legal civil procedures between the DIFC and Dubai Court’s systems

September 7, 2020

Introduction  Over the past 14 years Dubai has embraced both civil and common law legal systems within its borders. In order to understand the concepts involved I have set out below the fundamentals of each system ending with a comparative look at the two systems as they are currently in use at this time. Dubai Courts  The UAE is a Federated State consisting of seven Emirates being Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quiwain. The UAE came into being as an independent Federated State on 2 December 1971 following Britain’s withdrawal from the Trucial States which had been set up as an informal British Protectorate between 1820 and 1892.  Initially Ras Al Khaimah was not part of the UAE but joined as the seventh Emirate on 10 February 1972. Under the constitution of the UAE the emirates are entitled to have both local and federal Courts with the UAE Supreme Court being established in Abu Dhabi. However, it should be noted that the legal systems in the Emirates of Abu Dhabi, Dubai and Ras Al Khaimah (RAK) do not answer to the UAE Supreme Court as they maintain their own local judicial systems which are independent of the Federal Court system. Accordingly, Abu Dhabi, Dubai and RAK have their own Courts of First Instance, Courts of Appeal and Courts of Cassation. There are however matters that can only be dealt with by the UAE Supreme Court and which the separate Court systems of Abu Dhabi, Dubai and RAK cannot consider. These are: disputes between member Emirates or between any one or more Emirate and the Federal Government; constitutionality of the federal laws and the constitutional legality of legislation enacted by local Emirates if they are challenged by the federal laws or the Constitution; examination of the constitutional legality of laws if such a request is referred by any state Court; constitutional interpretations if requested by a federal entity or any Emirate; interrogation of Ministers and senior federal officials on the basis of a request by the Federal Supreme Council; crimes directly affecting the interests of the federation; such as crimes relating to internal or external security, forgery of the official records or seals; conflict of jurisdiction between federal judicial authorities and the local judicial authorities; and conflict of jurisdiction between the judicial authority in one Emirate and the judicial authority in another Emirate and the classification of the principles relating to it in a federal law. Dubai Court of First Instance The Court of First Instance is itself divided into Minor and Major Circuits where if the value of a claim is AED 500,000 or less it is decided by a single judge in the Minor Circuit whilst claims over AED 500,000 are decided by three judges in the Major Circuit. Additionally, specialist Courts exist within the Dubai Court system in relation to Labour Disputes and Personal Status (Sharia). The Personal Status Courts deal with family cases including marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of linage and inheritance whilst the Labour Courts deal with cases filed by private sector […]

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