Month: October 2020

Ratification and Execution Process of Arbitration Award in UAE

Hire Arbitration Lawyer in Dubai UAE | Ratify Arbitration Award in UAE

Arbitral Awards in UAE sets out two stages: Ratification and Execution. This means that Arbitral Award must first be ratified so that it will subsequently enforce in the same way as court judgements issued by UAE courts. However, recent changes have been introduced to pave way of simplifying the process of ratification and enforcement of the Awards govern by UAE laws.

Federal Law No. 6 of 2018 (the “New Arbitration Law”) governs the conduct of arbitration proceeding and the enforcement of arbitration awards in UAE. Under this law, it differentiates domestic and international arbitrations and the distinction between these has an impact on the process and procedure for the execution of the arbitral award.

The provisions of the Arbitration Law shall apply to:

  • Arbitration conducted inside UAE unless parties agreed in writing to abide to the provisions of another arbitration law and provided further that it will not be contrary to public policy and morals.
  • International Commercial Arbitration conducted abroad wherein the parties agreed in writing that UAE Arbitration Law will govern.
  • Arbitration cases and disputes governed by the UAE law, except otherwise expressly excluded by special provisions

Under this new law, the enforcing party may now apply for recognition and enforcement of arbitral awards in UAE. Summary of the process involved are as follows:

  • Enforcing party shall submit application to the Chief of the Court of Appeals in the Emirate wherein the award is sought to be recognized and enforced. The application must be accompanied by the following documents: original Arbitral Award or certified true copy; copy of the Arbitration Agreement signed by the parties; Certified Arabic translation of the award and copy of the transcript of filing the award with the Court of Appeals.
  • The Court of Appeal is mandated to order recognition and enforcement of the arbitral award within 60 days from the receipt of the application, unless otherwise reasons to nullify the award exist based on the provisions of Article 53.1 of the Arbitration Law. Petition to review the court’s decision on the enforcement of the Award can be filed with the Court of appeal within 30 days.

It is important to note that the new law, however, is not intended to apply to foreign arbitral award therefore it does not affect the enforcement of foreign awards in the UAE. Under Civil Procedure Code, enforcing party to a foreign award in UAE must file a substantive case in the local courts of first instance and the decision of the court of First Instance will be subject to two level: Court of Appeal and Court of Cassation.

Punishment for Spreading Rumours in UAE

Punishment for Spreading Rumours under UAE Cyber Crime Law. False information Law | Fake News Law

Federal Law No. 5 of 2012, Federal Law No. 12 of 2016, and the Electronic Media Regulation of 2018 governs issue of transparency and spreading false information on social media. UAE authorities fasten down rumours and warns UAE residents about the gravity of spreading rumours. In addition, they have adopted measures to combat the same by public awareness campaign and implementing course curriculum educating students about false news in digital era.

These laws are intended to regulate and impose severe punishment on those who are rumourmongers and found guilty of circulating fake news within UAE. The above law pertains to impose sanctions to cyber-crime. Any breach of privacy, illegal access to information or misuse of information can be defined as a cyber-crime in the UAE. In addition, these laws govern offenses such as sharing and posting online content that violates the privacy of others, insulting the symbols of the state and religions, calling for overthrowing the government of the UAE, and disseminating hate speech and inciting violence.

Specific provisions of the law impose the following sanctions:

Article 21 of Federal law No. 5 of 2012 imposed imprisonment of at least six months and a fine between 150,000 UAE dirhams and 500,000 UAE dirhams or either of these two penalties to whoever uses a computer network, electronic information system, or any tools of information technology to invade the privacy of another person. In addition, the same provision enhances the penalty to a period of imprisonment of at least one year and a fine between 250,000 UAE dirhams and 500,000 UAE dirhams or either of these two penalties when a person uses an electronic information system or any information technology means to alter a record, photo, or scene for the purpose of insulting, offending, attacking, or invading another person’s privacy.

Article 24 of Federal law No. 5 of 2012 punished by imprisonment and a fine between 500,000 UAE dirhams and one million UAE dirhams whoever establishes, administers, and runs a website or publishes on a computer network or any method of information technology online content promoting rioting, hatred, racism, sectarianism, or damage to the national unity or social peace or disturbance of the public order and public morals.

Article 28 of Federal law No. 5 of 2012 imposed imprisonment and a fine not to exceed one million UAE dirhams whoever establishes, manages, or runs a website or uses information on a computer network or any means of information technology to transmit information, news, or cartoon drawings or any other pictures for the purpose of endangering the national security and the higher interests of the State or to disturb the public order.

Article 29 of Federal law No. 5 of 2012 punished by imprisonment and a fine not exceeding one million UAE dirhams whoever publishes information, news, statements, or rumours on a website or any computer network or by any means of information technology to damage the reputation, prestige, or stature of the State or any of its institutions or its president, vice-president, any of the rulers of the Emirates, their crown princes, the State’s flag, the national peace, the Emirates’ coat of arms, the national anthem or any of the national symbols.

Article 30 Federal law No. 5 of 2012 sanctioned life imprisonment whoever establishes, manages, or runs a website, or publishes information on a computer network or by means of information technology to overthrow the State, change or seize its ruling system, or violate the country’s constitution or laws or oppose the basic principles that constitute the foundations of the State’s ruling system

Article 38 and 39 of Federal law No. 5 of 2012 imposed term of imprisonment whoever publishes online any incorrect, inaccurate, or misleading information that damages the interests of the State or tarnishes its reputation, prestige, or stature or any person who fails to remove or block access to illicit content after receiving a notice from the federal authorities.

Federal Law No. 12 of 2016 imposed a term of imprisonment and fine between 500,000 UAE dirhams and two million UAE dirhams to whoever uses a fraudulent IP address by using a false mailing address or a third-party address or by any other means for the purpose of committing a crime or preventing its discovery.

Finally, Electronic Media Regulation of 2018 regulates information on social media to provide a responsible content that does not violate the privacy of individuals and protects society. This legislation provides a mandate for certain activities to obtain license issued by National Media Council.

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Charges for Carrying Marijuana in the UAE

What are the Penalties and Charges for Carrying Marijuana in the UAE

United Arab Emirates is known to have zero tolerance attitude to narcotics and takes all illegal drugs cases very seriously. The Emirates is very keen on developing its technical anti-narcotic capabilities and have a very strict approach to tackling drug trafficking cases.

UAE Law No 14 of 1995 and its amendments regulates and governs cases of any narcotics related cases especially illegal possession of Marijuana. The law states “that the substance cannot be “brought, imported, exported, made, extracted, separated, produced, possessed or taken”. United Arab Emirate does not recognize any medical cannabis program and any use of the same is illegal regardless of whether it’s for medical purpose or not.

The following sanctions, penalties and imprisonment will be imposed under the following circumstances:

  • If caught in possession of cannabis, you may be sentenced to four years or more in prison. Additionally, you’ll be given a fine of 10,000 dirhams
  • If you are found selling or distributing Marijuana in the Emirates, the penalty of imprisonment for a period of not less than 10 years and not more than 15 years shall be imposed on offenders. You will also be given a fine of “not less than 20,000 dirhams.
  • On top of this and as additional sanction imposed to foreigners who are found guilty of any of the aforesaid cases, it is very likely that sentence will include deportation as well.
  • Also, under extremely rare cases, the law states that drug trafficking can be punished with death, which is usually executed by firing squad under UAE law.

Given the above circumstances, it is very important especially to travelers, foreigners, resident and locals of United Arab Emirates to know and be educated about the Emirates war on drug agenda and its aim to eliminate and combat illegal drugs.