Month: May 2018

Revoking the Bail in UAE

There is a fair possibility of the bail given to the client be revoked as per article 115 of criminal procedures law under the following circumstances which are:

1. If the accused has been absent to a hearing in court, in which case there is a breach of order which can lead to cancellation of the bail.

2. The person giving surety for the bail of the accused may be revoked if that person withdraws

For these two above mentioned reasons, it is necessary to seek help from a lawyer from the beginning till the end to help you bail out, to understand and not be in contradiction of the laws intentionally or unintentionally.

Furthermore to revoke the bail an application can be submitted explaining the incident of the case.

Please note as per article 117 of the UAE law the victim of the crime cannot request imprisonment for the accused or involve in any discussion in regards to bail

Bail in the UAE

Bail is the procedure of giving temporary release to the person accused of the crime on deposit of some guarantee to the court.

The UAE bail procedure is the same as everywhere with no change in definition and has the same importance for the clients that is to get their members out on bail as soon as possible.

For being charged with minor crime public prosecution has the right to release the accused on bail but for serious crimes like murder or robbery where verdict is a death penalty or jail sentence for life then only bail or release is not applicable as per article 111 of UAE criminal procedures law.

The temporary release of the accused on bail requires that he or she provides some guarantee to confirm their appearance in the court proceedings. The guarantee may involve retaining the passport of the accused or their family members and friends. Furthermore money can also be deposited in the courts as a guarantee or a solvent person can be the guarantee as well for a certain amount to be paid if the accused violates the bail provisions.

The violation of bail provisions can lead to takeover of the guarantee by the government before the final verdict, similarly if the case has ended; the guarantee given by the accused will be returned in full and also will be released from any undertaking.

Franchise Dispute & Arbitration Advantages in UAE

Arbitration is an alternate dispute resolution whereby the parties recourse to a private court with nominated judges known as arbitrators.

It is widely used all over the world for resolving international disputes such as franchise due to their nature being neutral and unbiased.

The basis of its neutrality is all dependent on the selection of the arbitrator which is done so with the consent of both parties. It is flexible too with time, place and procedures even in some cases giving judgment on the basis of documents alone without summoning parties or their lawyers.

The court proceedings carried out by state courts are public whereas in arbitration there is privacy and confidentiality.

Furthermore verification of enforcement of the court judgments or the arbitral award is of prime importance prior to dispute resolution due to the fact that court judgment is not recognized in some countries where as arbitral award under New York convention is recognized and can be enforced internationally within 156 countries of New York convention.

The clauses under arbitration are to be enforced as written to avoid waste of money and time of both the parties.

Franchise Dispute & Litigation in UAE

Litigation is the proceedings in the local courts to defend or enforce the legal rights with help of an attorney.

The dispute will go in the hands of the litigation or arbitration after direct negotiation and mediation failure. However to proceed with arbitration the parties must have agreed to arbitration proceedings in the contract if not then the local courts or litigation is the option to resolve their dispute.

There can be an exception if both parties commit to proceed with arbitration even if not mentioned in the contract can do so but to be precise it is impossible because of damaged goodwill.

For international disputes such as franchise, both parties don’t prefer the litigation method as it might be biased in their proceedings. The local court proceedings favor one party in different ways such as language, procedures, and the advocates.

In litigation, the stronger party is, of course, the locals which is why most parties don’t agree with the litigation method and end up with arbitration for their disputes.