Category: Legal Articles

Advertisement affecting the brand in UAE

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Advertisements affecting the image of a brand

Background

This article is based on the premise that a company circulated a picture/image of four major car brands operating in the UAE depicting one brand as inferior to the other brand in an image/picture reflecting their brand incompetency in the market. The said advertising is accessible online/publication in the UAE, therefore the laws of UAE apply.

Question of Laws

  1. Does such advertisement violate any specific Laws in the UAE?

In the UAE, brand tarnishing is a form of unfair competition and is punishable under the following laws.

  1. The UAE Federal Law no.18 of 1993 on Commercial Transactions Law, Section 3, Art 66 details about (Unfair Competition) intentional damage to the reputation of a brand or business, they can face penalties under the law.
  2. The Federal law no.37 of 1992 on Trademarks (the “trademarks Law”) provides the legal framework for protecting trademarks by prohibiting a party from unlawful use of another party’s trademark and preventing unfair competition.
  3. Federal Law no.4 of 2012 governs competition law principles for organizations in the UAE and includes provisions related to fair trade practices. The law prohibits any act or practice that is considered to be in violation of fair-trade principles anti-competitive behavior.
  4. The National Media council is authorized under the advertisement standards to apply various penalties for non-compliant advertisement. Such penalties may not be isolated from any other penalties detailed under Federal law no. 15 “On Publishing House” of 1980 regarding printed matters and publications.
  5. The UAE Law no.5 of 2012, Article 29 of the Cybercrime Law criminalizes the act of intentionally damaging the reputation of a natural or legal person through the use of information technology and shall be punished by imprisonment and a fine.
  • What is the remedy available to the aggrieved brand?
  • Violation of advertising activities may result in administrative, civil, and criminal liability. The supervisory authority may decide to impose sanctions on the advertiser in the form of a fine, removal or blocking of the advertisement, suspension, and revocation of the license. Trademark law & competition law violation can result in significant penalties, including fines and/or imprisonment.
 Al Bahar Associates & Legal consultants ( “ the Firm”) can support the affected brands
The affected brand can approach through the Firm to file a case based on all the regulatory laws above. The Firm can help you approach a dedicated authority in the UAE, the Federal Competition and Consumer Protection Authority (FCCPA) for violations claims.The Firm also specializes in providing consultation and litigation support in the area of unfair competition by traders, handling intellectual property violations for content, ideas, logo trade names, brand identification, manufacturing processes, trade secrets, music, art- all of the  key business assets. Feel free to get in touch with our team to avail our legal services on bahradvt@eim.ae or by phone on +97124410825 to discuss further.

Arbitration in the UAE

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Globalization has led to rapid developments in today’s fast-paced corporate world, among which an increasingly growing interest in arbitration.

Parties would rather resort to this alternative contract-based form of dispute resolution than going to Courts given its numerous advantages. These include but are not limited to its speed, privacy, economy, efficiency, and the flexibility when it comes to choosing the applicable laws, regulations and arbitrators. Thus explains why, more frequently than before, an arbitration clause is being included in contracts. Alternatively, parties may agree on signing a separate arbitration agreement in the event a dispute related to the implementation of their contract arises.

The final award rendered by the arbitral tribunal has furthermore a final and binding effect in the sense that it represents an enforceable decision to which the parties are obliged to comply.

 Within this context, the UAE legislator, wishing to position itselfas a regional leader in this field, established key arbitration institutions in its major cities (Abu Dhabi, Sharjah, Ras Al Khaimah, Dubai) in addition to the International Islamic Centre for Reconciliation and Arbitration.

The most significant however remains the Dubai International Arbitration Centre (DIAC) established in 2004, which has become the “largest and most preferred Alternative Dispute Resolution (ADR) entity in the Middle East”, with disputes amounting to 5.5 Billion AED in 2020 and covering a wide array of sectors, ranging from construction, Commerce, Real Estate, commercial and civil transactions, corporate governance, to IP, finance and banking to oil and gas.

The DIFC-LCIA Arbitration Centre and Emirates Maritime Arbitration Centre were both abolished pursuant to the Decree No. 34 of 2021 of the Ruler of Dubai and merged into the DIAC in an effort to concentrate institutional arbitration there.

As for Abu Dhabi, its Commercial Conciliation and Arbitration Centre (ADCCAC), established in 1993, represented the first center in the GCC to solve national and international commercial disputes. An initiative by the Abu Dhabi Chamber of Commerce and Industry, its mission is to build “an independent, effective and just structure for the mechanisms of conciliation and arbitration to serve the local and international business community”.

Both the DIAC and ADCCAC have their own rules and regulations that are regularly updated, taking into account the international standards and best practices.

How can we help you?

Al Bahar Advocates and Legal Consultants’ prides itself in its knowledgeable team of legal consultants, solicitors, paralegals, and arbitrators with over two decades ears of experience in various types of arbitration, whether it be institutional, ad hoc, national or international.  

Our offices in Dubai and Abu Dhabi provide arbitration and other Alternative Dispute Resolution (ADR) methods such as conciliation and mediation, before the DIAC, ICC, DIFC and ADCCAC. We are specialized and up-to-date with the latest trends in these subjects; we aim to get our clients the most beneficial and cost-effective outcome while taking into consideration the circumstances of their case.

Please reach out to us by email on bahradvt@eim.ae or by phone on +97124410825 to discuss further.

Sources:

http://www.diac.ae/idias/resource/DIAC%20Flyer.pdf

https://u.ae/en/information-and-services/justice-safety-and-the-law/litigation-procedures/alternative-methods-to-settle-disputes-/key-arbitration-institutions

http://www.diac.ae/idias/services/diac/advantages/#:~:text=Hearings%20at%20the%20DIAC%20are,details%20of%20an%20arbitration%20case.&text=Arbitration%20is%20inexpensive%20in%20comparison%20to%20litigation

http://www.adccac.ae/English/AboutUs/Pages/OverView.aspx

Le Mariage Civil Aux Emirats Arabes Unis

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Le mariage civil a récemment été instauré dans tous les Émirats arabes unis suite au décret-loi fédéral No. 41 du 3 octobre 2022. Ce dernier est actuellement dans l’attente de règlements d’application correspondants et entrera en vigueur en Février 2023.

Ce décret-loi explique en détail les procédures de formation d’un mariage civil et définit les principales exigences légales ainsi que les documents requis pour sa conclusion. Elle traite en outre des questions relatives au divorce, à la garde, aux testaments et aux tribunaux compétents; plus généralement, il réglemente les questions relatives au statut personnel des ressortissants non musulmans locaux et étrangers. Parmi les multiples objectifs de cette loi figurent en premier lieu la garantie d’un mode flexible de règlement des différends pour les questions similaires.

Abou Dhabi fut un pionnier parmi les Emirats par sa promulgation, l’année dernière, de la Loi n° 14 de 2021 relative au droit de la famille pour les expatriés non musulmans à Abu Dhabi, en vertu duquel le mariage civil y a été autorisé pour la première fois pour les non-musulmans.

L’équipe d’avocats compétents et expérimentés d’Al Bahar Associates Advocates & Legal Consultants fournit tous les services légaux relatifs au statut personnel, qu’il s’agisse de mariage, testaments, divorces ou autres, en gérant pour votre compte toutes les formalités requises. Veuillez nous contacter par e-mail à bahradvt@eim.ae ou par téléphone au +97124410825 pour en savoir davantage.

Civil Marriage in UAE

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The Federal Decretal Law No. 41 of 2022 established in October 2022 the civil marriage all across UAE. Its implementation is still under process.

The law sets out in detail the procedures for forming a civil marriage and defines the key legal requirements for its establishment in addition to the documents needed. It further deals with matters related to divorce, custody, wills and the related competent courts. It regulates more generally personal status matters for Non-Muslims nationals and foreigners. Among the multiple goals of this law are the guarantee of a flexible dispute resolution method for Personal Status matters related to non-Muslims nationals and foreigners.

Abu Dhabi was a pioneer among the Emirates when it promulgated last year Law No. 14 of 2021 regarding Family Law for Non-Muslim Expatriates in Abu Dhabi, pursuant to which civil marriage was allowed for the first time in Abu Dhabi for non-Muslims.

We at Al Bahar Associates Advocates & Legal Consultants are ready to simplify the process for you and willing to save your precious time by handling the formalities on your behalf. Please reach out to us by email on bahradvt@eim.ae  or by phone on +97124410825 to discuss further.

Resolution No. (33) of 2020 concerning Remote Litigation Procedures and Continuity of Court Services

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Based on Law No. (6) of 2005 Regulating Dubai Courts and its amendments; Law no. (13) of 2016 concerning the Judicial Authority in the Emirates of Dubai; Federal Law No. 10 of 1992 on the Issuance of the Evidence Act for Civil and Commercial Transactions; Federal Law No. (1) of 2006 on Electronic Commerce and Transaction and its amendments; Federal Law No. 5 of 2017 on the Use of Remote Communication Technology in Criminal Proceedings; the Resolution of Minister of Justice No. 260 of 2019 on the Procedural Handbook of Organizing the Remote Litigation using Electronic means and Remote Communication in Civil Proceedings; and Resolution No. (33) of 2020 on Adjourning Judicial Hearings and Remote Work in Dubai Courts, and upon the directions of the Executive Council and the recommendation made at meeting of the Leadership Council for Development and Institutional Innovation in Dubai Courts No. 3/2020 dated 14/04/2020, and in support of determined efforts and precautionary measures to ensure the highest levels of health and safety for all Dubai Courts customers, and pursuant to what was been presented to us, and in the best interest of work in the light of corona crisis, we have decided the following,

Dubai Courts Electronic Servives

Article (1)

  1. Lawyers or customers wishing to benefit from court services shall use electronic systems of Dubai Courts Department or log in to smart application system.
  2. A natural person shall register in “Al Salifa” system with a verified user account, through all available registration channels, when submitting any application, order,case or appeal to Dubai courts.

Filling Lawsuits, Requests and Amicable Settlements

Article (2)

 

All lawsuits, applications or amicable settlements shall be remotely through law firms or outsourcing offices or via the courts e-system.

Family Guidance and Divorce Certification

Article (3)

  1. Family guiance cases shall be filed and divorce certificate shall be established remotely.
  2. Family counsel shall send a WhatsApp message to the parties including the date and time of the session, the documents required to be prepared by each party, and the action according to the legal proceedings.
  3. On the session day, the family conselor shall make a conference call using the office telephone or mobile phone, by entering the phone number of the plaintiff, the defendant and the interpreter if either or both parties are foreigners.

Marriage Contracts, Certificates and Attestations

 

Article (4)

 

  1. Marriages shall be concluded by legal marriage officers. Legal Marriage officer may use remote communication technology to conclude marriage contracts with the parties, whether in their presence in one real sitting- after obatining the necessary permits- or online through the use of the remote commucnication technology.
  2. In respect of legal certifications and attestations, applications shall be filed and relevant fees ashall be paid remotely. The legal attestation officer shall communicate with the parties and witnesses, check their identity and verify the completion of all required documents, and issue the attestation and send it electronically to the applicant via e-mail.

Summons and Details of the Parties

 

Article (5)

 

  1. All Judicial summons, whether at the time of filing cases or notification of judgments or executive deed shall be served by SMS, e-mail or other electronic means.
  2. Data derived from the smart log in account shall be adopted and used to summon the account holder of all petitions, orders, claims and appeals subsequent to the date of the account creation and submitted by or against him, and the same way in no case be denied or refuted.
  3. Data derived from the smart log in account must contain the following: Username, ID number, email address, mobile number, home address, business address (if any), and any other additional information.
  4. Registration departments shall, according to their respective cpmpetence verify the conformity of all data and addresses provided by the applicant with the data and addresses adopted through the smart log in system in respect of all relevant parties, and shall make the necessary corrections therein.
  5. Any lawyer who submits applications for registration on behalf of his/her individual or corporate clients, must provide the Courts Deparment with particulars of his/her client (copy and details of the ID, email address and mobile number in case of individuals and copy and details of the commercial license and office number in case of companies), in addition to his/her details and addresses.

Case Remote Management

 

Article (6)

 

  1. The Case Department shall follow up the preparation of all cases remotely through video or audio communication technology.
  2. Video or audio commucation technology shall include remote attendance, exchange of documents and issuance of necessary decisions.
  3. Attendances and proceedings shall be recorded in the transcript of hearing.

Case Remote Consideration

 

Article (7)

 

  1. Remote communication technology shall be used in considering all cases hearings in first instance, appeal and cassation courts, including remote attendance, exchange of documents, hearing witnesses, deliberation, and issuance of decisions and rulings.
  2. Hearing attendance and procedures shall be recorded in transcript of hearing.
  3. Case files shall administratively adjourned in case a litigant fails to remotelty attend hearings for any reason. The same applies to cases referred to experts.
  4. In order to preserve the lights of litigants, no case shall be dismissed even if a litigants fails to electronically attend the hearings, taking into account the current circumtances.

Remote Expertise

Article (8)

  1. Expert appointment order or decision shall be electronically sent from the competent court to Advocates, Experts and Interpreters Affairs Department, and expert fees shall be deposited remotely through the electronic payment portal available on Dubai Courts website.
  2. Advocates, Experts and Interpretaers Affairs Department shall delegate an expert using the electronic system.
  3. The Expert shall accept the assignment through the electronic system and shall review the case file electronically.
  4. If meetings are required with the expert, the expert shall hold the same through the video conferencing system used in court’s circuit or any video conferencing system used at the expert’s office, after iniviting the parties electronically, by sending a link to remote attendance and specifying the time of the meeting, so that the parties can attend the expert meetings via the video conferencing technology by a simple click on such link.
  5. The expert may submit requests to the competent court and file its report through the electronic system.
  6. The expert shall submit a request for disbursement of the expert fees and through the electronic system.

Execution and Enforcement of Judgments

Article (9)

  1. All applications shall be submitted abd lawsuits and execution cases shall be filed remotely through law firms, via the electronic case management system (Al Salifa), or by using the smart log in system (smart applications) if filled by the litigants themselves.
  2. Cases and applicants for execution shall be considered remotely through the electronic system of courts and the video communication program. Persons detained in police stations and penitentiary facilities shall be interrogated via video calls.
  3. Applications for paying judged amounts in installments and allowing wanted persons times and applications for attachment in execution files or cancellation of attachment shall be entertained remotely together with travel ban or ban lifting decisions through the direct link to the G.H.Q of Dubai Police.
  4. Execution amounts shall be deposited remotely through (ldhafa) online portal for e-disbursement service into the bank account of the judgment creditor.
  5. Parenting time and visitation orders shall be enforced only (through) online visitation using video communication program of courts or competent entities.

Criminal Cases

Article (10)

 

  1. All criminal cases shall be entertained, and detentions shall be extended using remote communication technology.
  2. The defendant’s lawyer may appear with his/her client during trial via remote communication technology.
  3. If the defendant is a foreigner and is not fluent on Arabic, the court shall seek the assistance of an interpreter via the remote interpretation rrom.
  4. Courts shall coordinate with Oublic Prosecution and detention places in respect of remote consideration of crminal cases and extension of detention.

Article (11)

All sectors and departments of Dubai Courts shall, according to their respective copmpetences take the technical, material and administrative measures necessary to implement the provisions of this Resolution.

Article (12)

This Resolution shall come into force on 19/4/2020, shall be circulated among those concerned with its implementation and shall be published on Dubai Courts website.

For Dubai Courts President

//signed & stamped//

Dubai Courts

Virtual Courts’ hearings Dubai Courts