Court Uncourt (Issue VI)

I
Your source for legal news
Volume I Issue VI 2014
Our Oﬃces: Abu Dhabi | Bahrain | Doha | Dubai | London | Luxembourg | Moscow | Sharjah
CONTENTS
page 2
Surbhi Veer & Zisha Rizvi
MAYBE BABY?
page 4
Mahmoud Hassan & Yassir Ahmed
HOLD YOUR TONGUE!
page 7
Niharika Singh & Mohammad Badr
FAMILY MATTERS
page 17
Sunil Thacker
UAE FREE ZONE GUIDE 2014-2015
page 9
Dr. Ashraf Ibrahim & Sunil Thacker
FOOD POISONING
page 20
Margarida Narciso & Rini Agrawal
SHARJAH RENTAL LAW-
To change or not to change?
page 22
Jennifer Leader & Sunil Thacker
CROSS-BORDER CRIME
AND EXTRADITION (PART I)
Iwith status and wealth – a symbol that the
purchaser had the means to travel to exotic,
far-ﬂung corners of the world. In fact,
pineapples were so prestigious that
members of high society had the option of
hiring them to take to parties as
conversation pieces. Welcome back to
Court Uncourt – your legal pineapple! We at
STA explore the world of law on your behalf
to bring to you a collection of fresh,
insightful articles on both headlining and
original legal topics. Sit back, relax and enjoy
the journey!
n 18th century Britain the pineapple was
considered to be something of a rarity.
Such an enigmatic item was synonymous

2 Court Uncourt
“And the question is always
"When are you going to have
kids?" Rather than "Do you
want to have kids?"’’
On July 25, 1978, a young couple Lesley and John
Brown who had to bear the brunt of media attention
amidst controversy and accusations of encouraging the
creation of “frankenbabies,” had their dream of
becoming parents come true when Lesley gave birth
to a baby girl who is and continues to be known as the
world’s first test tube baby in the United Kingdom. Over
the years, with medical technology grown leaps and
bounds, in vitro fertilization (IVF) has become a
conventional medical treatment. In vitro fertilisation
(IVF) is a process where an egg is fertilised by sperm
outside the body. The technique involves
monitoring and stimulating a woman's ovulatory
process, removing eggs from the ovaries and letting
sperm fertilise them in a laboratory.
Yes, the treatment still remains reserved by those who
can afford the costly technology and has also been a
topic of discussion relating to legal implications it gives
rise to. This article discusses the approach of the UAE
legal regulators and policy makers to this medical
treatment. When a woman undergoes IVF treatment,
she may end up with multiple fertilized eggs which are
better known as embryos. Upon testing, the best one
or two are implanted into the woman and the other
embryos are frozen in case the treatment fails or if the
couple wishes to have another child in the future.
Federal Law no.11 of 2008 outlawed the process of
freezing and storing eggs which resulted in
innumerable embryos having to be destroyed. The
medical experts believed that this increased the cost of
the treatment and was also counterproductive in terms
of treatment that had to be administered to the
woman. The treatment is a complex one as it employs
stimulating a woman’s ovaries to produce more eggs
than normal which is arduous for the body. The
hormones that are administered have been linked with
causing significant harm which have resulted in death.
A number of studies conducted in the United Kingdom
and other European countries have indicated an
increase in female mortality where the women have
undergone or are undergoing IVF treatment. There is
no known biological limit for how long the frozen
embryos are viable but a number of countries have set
limits of 10 (ten) years.
lifestyle changes, food habits and the societal
encumbrances in general, it is now indicated that one
in every six couples experiences some degree of
difficulty when attempting to have a child. As natural a
phenomenon as it may be, the conception and
delivery of a child has been a medical challenge for
many years.
he World Health Organization (WHO) defines
infertility as the inability to conceive a child. It
should not come as a surprise that owining toT

Court Uncourt 3
United Arab Emirates has been at the forefront of driving medical tourism towards the region. In the year 2012, the
number of medical tourists that visited Dubai was over 100,000 and the revenue generated was over 600 million
Dirhams. The Dubai Health Authority has armed itself with a striving strategy which they hope will attract more than
500,000 medical tourists a year. Reproductive assistance is the most sought after and traveled for treatment in UAE.
The reasons for the rise in its popularity has been significant since the implementation of the Cabinet Resolution
no.36 of 2009 which changed the law and allowed for medical centers to preserve and freeze the excess embryos.
This resolution also allowed private clinics and specialists to be granted licences for this treatment. Prior to this
resolution’s implementation, only government hospitals and clinics could administer this treatment.
The treatment is not new but all across the world there are different regulations that govern this practice. In some
countries, there is strict legislation regarding who can have IVF treatment. In Turkey the legislation insists that only
married couple have access to IVF. In New Zealand, there is a requirement of being a nuclear family to raise the child.
The United States of America has a much more lax approach and they permit single people and people in same sex
relationships to have access to IVF and surrogacy. There are also religious restrictions placed on this treatment. A
Catholic and Sunni muslims are not permitted to consider this form of treatment for infertility problems. It must be
noted that most of the legislation focuses on prohibiting negative practices and places a moral bandwidth to the
treatment.
In the case of Evans v United Kingdom which was a landmark case at the European Court of Human Rights had a
significant impact on fertility law not only in the United Kingdom but also on other European Union nations. In this
case, Ms. Evans and her fiancé separated after the eggs had been fertilized.The man in question decided to approach
the medical facility and have them destroy the eggs as he wished to withdraw consent. In the UK and other EU
nations, the legislation states that both parties must provide consent. Ms. Evans went to the High Court to pursue the
treatment and to request the court to dismiss her ex-fiancé’s wishes. The High Court and then House of Lords both
ruled against Ms. Evans. She approached the European Court of Human Rights where the ruling of the UK courts was
upheld. It is essential to note that this case was one of the many that have raised unprecedented issues for a number
of legal regulators.
It is imperative that policy makers, government bodies and medical experts come together to understand that the
value and significance of any embryo is relational, personal and thus infinitely variable. An embryo cannot be granted
a moral or legal significance as distinct entities.

4 Court Uncourt
DEFAMATION
“Don’t interrupt when someone else is speaking”. “Don’t talk whilst your
mouth is full”. “Don’t bite your nails”.
Mothers of the STA Associates (various)
W
herever we grow up and whatever language we speak at home, all of us are undoubtedly subject to
an in-house set of behavioral customs and guidelines imposed by our parents and elders. Every
family will additionally have in place its own disciplinary procedure and retributions for flouting the
rules. And whatever the consequences and whether deliberate or accidental, it is inevitable that at one point
or another we all fall short of our family’s customary expectations. Would we take more care to abide by the
rules if the punishments were more severe? What if our actions were not simply
breaching family convention, but actually breaking the law? Let us take
another stereotypical gem of parental wisdom – “if you can’t say
anything nice, don’t say anything at all”. If we breached this rule –
namely, if we were to say something that isn’t “nice” about
somebody – we would be chastised accordingly by our family.
But depending on exactly what we had said, we might have
broken federal law and be liable for a punishment far greater
than being expelled from the room.
To put this into context, saying something controversial about
another person may be considered as defamation – an act which is
criminalized under UAE law. Pursuant to Federal Law Number 3 of
1987 (the Penal Code) the law on defamation provides that a person
may not make a statement by any means if it has the potential to have
detrimental effect upon the person to whom the statement refers. In any
allegation of defamation it shall be for the prosecution to prove beyond all reasonable doubt
that all three of the elements of the offence have been fulfilled.
To some extent the written law (namely Articles 371 – 371 of the Penal Code) is very clear. For example, a
“detrimental effect” is deemed to have occurred if a victim of a statement has become consequently
susceptible to punishment, or exposed to public hatred or contempt (regardless of whether any such
punishment, hatred or contempt has actually transpired) under Article 372. The same may be said of a false
accusation which publicly dishonors or discredits the victim, whether or not a specific event is referenced by
the discrediting party, as per Article 373. However“making a statement”is not defined with such clarity, thus
allowing for a wide interpretation. What is a statement, and how do we determine whether or not such a
statement has been made?

Court Uncourt 5
continued on next page
Chapter 6 of the Penal Code is entitled “Defamatory Crimes – Libel, Slander and Violation of
Secrets”. This diction in its very basic sense gives us some guidance with regards to the
constitution of a statement, with libel being the written word and slander the spoken.
Furthermore the law gives specific examples, citing newspaper print in Article 372 and over the
telephone, in the presence of a third party or by letter in Article 374. However the statute is
without limitation and the definition of a statement is left ambiguous.
Evidently, a written statement may be made via a wide variety of
media other than in print. This is a fact which has become
increasingly prominent in the context of defamation when
considering the increased use of communication-based
technology and social networking. Surely if we posted a comment
on Facebook or Twitter which exposed someone to the risk of
public contempt or otherwise jeopardized his honor we have
breached the defamation law – especially as a social networking
site may be considered as “any means of publicity” as per Articles
372 and 373. And although posting offensive comments about our
peers is perhaps an activity confined to younger generations, the
The solution to this problem is simple – we need to take care and be mindful of the law when
publishing any comment into the public domain. We should also remember that the fact that the
general public may not have access to our respective web pages is not necessarily a defence, as
the law does not specify a target audience. But what are the rules regarding communications
which may be considered private? Will a person be in breach of defamation law further to a
statement made via a medium which pinpoints a very specific recipient – a statement sent to
another via our mobile telephones, for example? We have already noted the rapid development
of communication-based technologies, with applications such as Blackberry Instant Messenger,
WhatsApp and Snapchat being amongst recent popular advances. Such programmes facilitate
constant, unrestricted and private contact with acquaintances – but does the law of defamation
still apply? Further to a public warning issued by the Abu Dhabi police department Gulf News
published an article on 26 July 2011 citing that the misuse of instant messaging services is
punishable by up to three years imprisonment . The author, quoting the manager of the UAE’s
Telecommunications Regulation Authority, alludes to the way in which information and rumor
can spread at a tremendous speed with modern devices, and specifies that the defamation laws
cover the use of such technology in communicating detrimental statements and materials. It
therefore seems as though we should exercise equal diligence when communicating through
private channels.
law also goes so far as to also protect the reputation of commercial entities. Consequently
venting our frustrations with regards to a substandard product or a disappointing level of
customer service to our friends online may render us liable to prosecution owing to a breach of
the defamation provisions.

6 Court Uncourt
So we have established that a statement may be made via a plethora of methods. But what of the definition of
“statement” itself? Most of us would agree that making a statement means to convey an expression – but is this
description restricted to conveyance in words, whether spoken or written? They say that a picture paints a thousand
words could a photograph constitute a statement? Or what about a video clip? Given that either of these examples
have the potential to tarnish the reputation of the subject it follows that defamation provisions would apply to any
individual disclosing the contents of the same.Furthermore Article 371 of the Penal Code criminalizes any breach of
the sanctity of a person’s privacy. Under this law it is an offence to publicize any information pertaining to an
individual obtained without his consent, including but not limited to images.In September 2013 UAE headlines
reported an incident in which a third party captured on film a physical dispute between a local citizen and a foreign
truck driver and posted the video on the websiteYouTube – although the driver was arguably the victim of an assault,
both parties were considered victims of the violation of secrets provisions of defamation law, as the captor of the
footage had not sought permission from either before publicizing it online. Again, in the current age of technology
capturing images and videos on mobile phones and posting them on social networking sites is common practice –
would it ever occur to us to approach each friend present in a group shot and obtain their consent before sharing
the image on Facebook? Failing to take this step not only breaches defamation law, but also falls foul of Federal Law
Number 5 of 2012 (the Cyber Crime Law), which forbids any breach of a person’s privacy via technology.
But bearing in mind the severe consequences of failing to take the necessary precautions, then whether a statement
is true or not, perhaps we should henceforth consider another piece of parentally-imparted wisdom and“think before
we speak”.
Or, in this age of technology -speak, Tweet, Facebook, Instagram, email, SMS, picture message, WhatsApp, BBM,
Snapchat, YouTube, Pinterest, Ello and so on…
Abdullah Rasheed, Misue of Instant Messaging Services Punishable by Law, Gulf News: 26 July 2011
So what are the penalties risked by anyone (perhaps understandably) neglecting to exercise such diligence? Making
an allegation with the potential to effect a person’s public reputation may incur a fine of up to AED 20,000 or a period
of up to two years’imprisonment (Article 372). Making any sort of statement which discredits a person could attract a
fine of AED 10,000 or one years’imprisonment (Article 373), and a fine of AED 5,000 or six months in custody is risked
by anyone making such a statement by telephone or in the presence of both the victim and a witness (limited to a
fine only should the statement be made by letter or in the presence of the victim alone) (Article 374). The conveyance
of any such material via newspaper will aggravate the offence, as will the victimization of a public officer.
The premise of this article is by now (hopefully!) very clear – if you make a defamatory statement about another via
any means, you are likely to face legal consequences. But before we conclude (and because we here at STA are fair
and just lawyers) let us pay due consideration to a conflicting perspective – namely, what if a statement made has the
potential to risk the public reputation of another, yet is also true? Is our right to free expression quashed by a
wrong-doers’right to protection from a tainted public image? Several national constitutions across the globe strive to
protect the reputation of individuals, yet human rights instruments take great efforts to promote our right to free
speech – the issue at the heart of the debate therefore seems to be“how do we balance the two sets of provisions”?
Without taking our discussion in the direction of media“gagging orders”, which are increasingly prevalent in this era
of advanced media technology, several high-profile cases (such as that of former FIA president Max Mosley) appear
to be turning on one key fact – protecting a person’s reputation is not the same as protecting his privacy. In addition
to this the element of public interest has also been considered – does the story or statement in question consist of
something the public need to know? Precedent suggests that if the answer is “yes”, no breach of defamation or
privacy provisions will have occurred.

Court Uncourt 7
FOOD POISONING FAQ
Q1.
Is there a particular law in UAE that relates to food poisoning?Q2.
I am a visitor in Dubai and contracted food poisoning from eating at a restaurant. I underwent medical
treatment which my travel insurance did not cover. I decided to make a complaint to the Municipality to
investigate and determine that the restaurant’s food was responsible. I believe they also fined the
restaurant. My question is that I ended up spending a significant sum of money out of my own pocket as
my insurance did not cover the medical expenses. Can I claim this from the restaurant?
Q3.
It is essential that you seek medical advice which I am certain you did. Upon your recovery it is imperative that
you reach out to your medical practitioner and find out the reason for your ill health. It is important to
ascertain that you and your family’s ill health was a result of consuming contaminated food. Post the
confirmation, the individual should file a complaint against the restaurant before the Food Control
Department at the local municipality along with the doctor’s medical report, copy of restaurant receipts if
available and other documents necessary to support the claim. A medical opinion should be obtained for
matters where the health was significantly affected. The individual should also request the Food Control
Department to procure and forward sample of restaurant’s food to Food and Environment Laboratory Section
at the Dubai Central Laboratory or the laboratory in the Emirate he is living in.
A1.
In Abu Dhabi there is also Law number 2 of 2008 which regulates the food production and its handling in the
food chains across the Emirate. This Law also outlines penalties in the form of fines for non compliance. There
are multiple regulations issues by the authorities that ensure the hygienic handling of food.
In the Emirate of Dubai, there is a Food Control Department established by Dubai Municipality that oversees
all regulations and matters that are related to food control and all related aspects.
At the same time, the individual has rights under the UAE Civil Code and specifically Article 282 to 298 which
deal with “acts causing harm” and imposes strict liability on person causing the harm. Article 342 and 343 of
the UAE Penal Code apply to cases where the harmed individual/individuals have died from a violation of the
regulations.
The UAE Federal Law number 24 of 2006 on Consumer Protection and the Decision of the Council of Ministers
number 12 regarding the implementation of the above law was enacted to protect consumers from products,
production processes and services that may cause harm to health and safety of the people.
A2.
I went to a restaurant last week with my family. Post our meal, we suffered from a terrible bout of food
poisoning. Can you please advise me on what we can do? I want to ensure that no one else suffers the
way we did.

8 Court Uncourt
I went to the hospital after contracting a stomach bug. They treated me and a few days later I got a call
from the Food Control Authority in Dubai to come and meet them. I am yet to go and meet them. Please
advise why they have called me.
Q4.
When you went to the hospital, they must have inquired about the foods you had eaten over the past few
days. Medical institutions have a responsibility of conducting tests on any suspected cases of food poisoning.
If they establish that the food you ate at a restaurant was the reason for your stomach bug, it is their
responsibility to report this to the Food Control Authority at the Dubai Municipality. Dubai Municipality has
requested you to come in as it is possible that they have conducted an investigation at the restaurant. It is
advised that you go and meet with them to clarify the cause for your condition.
A4.
You took the correct steps in contacting the Dubai Municipality. To claim the monies for your medical
expenses from the restaurant, you will need to file a civil claim against the restaurant. In matters as such, it is
likely that the court will appoint an expert who will carry out a review and investigate the matter and then
turn over his/her findings to the court. Alternatively, you can attempt to reach out to the Dubai Municipality
and request them to supply you with their findings which resulted in the restaurant being fined. Either way,
the court will award you with compensation if it is established that the cause for your ill health was in fact the
food at the restaurant.
A3.

UAE Free Zone Guide
2014-2015

Particulars
Jebel Ali Free
Zone- Dubai
Dubai Airport
Free Zone
Dubai Media
City
Dubai
Internet City
Dubai Gold &
Diamond Park
Dubai Health
Care City
Dubai Multi Com-
modities Centre
Sharjah Airport
Intern'l Free Zone
Hamriya Free
Zone -sharjah
Ajman
Free Zone
Location
Ras Al Khaimah
Free Zone
Contact
Infrastructure and
Service Rating (1 -
5)
Nature of
licences- investor
can obtain 1 or
more licence
General trading
investors can
import, distribute
and store all items
as per Jafza rules
and regulations
FZCO - multiple
shareholding
FZCO - multiple
shareholding
maximum of 50.
Branch of a foreign
or UAE based
company
Incorporation of a
Free Zone Limited
Liability Company
(FZCO-LLC) with
individuals as
shareholders
FZCO
Dubai Airport Free
Zone's Internal
rules and
regulations apply
As per regulations
of DMC
As per regulations
of DIC
Allowed Allowed Allowed Allowed Allowed Allowed
Branch of a
foreign Company
Branch company of
foreign as well as
local
FZCO - multiple
shareholding. Max
5 shareholders. In
certain cases may
extend to 7
shareholders
FZCO - 2 to 5
shareholders.
FZCO - multiple
shareholders
FZCO - multiple
shareholding
Types of
ownership
FZE FZE
FZCO-LLC, FZE,
Freelancer
Branch of a foreign
or UAE based
company
FZE FZE FZE FZE FZEFZCO-LLC
Limitied Liability
Company
Not Allowed
Trading Trading
Service Service
Industrial Industrial
National Industrial
National
industrial
National Industrial
(Application to be
made to Ministry of
Economy)
Hotels &
Property
Management
Hotels &
Property
Management
Hotels &
Property
Management
Mining,
Transportation,
Financial
intermediation and
several others
Industrial Industrial Industrial Industrial
Event
Management
Service Providers
(includes freelance
permits)
Service
Providers
Telecommunic
ations and
Network
Oﬃce
Retail Service Providers
Hotels and
Restaurants
Education
Construction, Real
Estate and Business
Services
Service Service
Service/
Professional
Consultancy
and Service
Media &
Marketing
Software, Internet
and Multimedia
Manufacturing Health care
Trading and
repairing
Commercial
(limited to 3
products)
Commercial CommercialTrading
4.5 4.6 4.7 4.7 4.5 4.7 4.5 444 4.3
800-JAFZA +971 4 299 5555 +971 4 391 4555 +971 4 391 1111 +971 4 362 7777 +971 4 424 9600 +971 6 5178231 +971 6 5263333 +971 6 7011555 800 7111+971 4 324 5555
Dubai Dubai Dubai Dubai DubaiDubai Dubai SharjahSharjah Ajman Ras Al Khaimah
Branch of a
foreign
company
Branch of a
foreign
company
Incorporation of a
Free Zone Limited
Liability Company
(FZCO-LLC) with
corporate
entity/entities as
shareholders
Incorporation of a
Free Zone Limited
Liability Company
(FZCO-LLC) with
corporate
entity/entities as
shareholders
Branch of a
foreign
Company
Branch of a
UAE Company
Subsidary company
of foreign as well as
local
Branch of a
foreign company
Branch of a
foreign company
Branch of a
foreign company
Branch of a
foreign company
www.ama.aewww.uaelawblog.com10 Court Uncourt

Particulars
Jebel Ali Free
Zone- Dubai
Dubai Airport
Free Zone
Dubai Media
City
Dubai
Internet City
Dubai Gold &
Diamond Park
Dubai Health
Care City
Dubai Multi Com-
Modities Centre
Sharjah Airport
Intern'l Free Zone
Hamriya Free
Zone -sharjah
Ajman
Free Zone
Ras Al Khaimah
Free Zone
An FZE registration
requires AED
1,000,000 or USD
272,109.
Capital for FZCO
license is AED
500,000 or USD
136,055
FZCO requires
AED 1,000 or USD
273 per
shareholder.
(Maximum limit is
50. Each share
should be in the
denomination of
AED 1,000.
Over 140 different
types of licenses
available to
investors and
minimum capital
requirement varies
accordingly.
Branch
establishments
have no formal
capital
requirements
Capital
requirement for
each partner in
case of partnership
is AED 50,000
Branch establish-
ments have no
minimum capital
requirements.
Different minimum
issued share capital
requirement can be
changed for General
Trading, Business
Centre leases,
Insurance Compa-
nies, Hotel Licenses
or any other activity
which authority may
deem fit.
FZCO requires AED
150,000 ( min ) or
USD 40,817
FZCO requires
AED 150,000 or
USD 40,817.
FZCO requires
min capital of
AED 500,000 or
USD 136,055
FZCO requires
AED 100,000 or
USD 27,247
Capital for
incorporating an
FZE is AED 1,000 or
USD 273
Minimum capital
required
"For LLC minimum
paid up capital is
AED 50,000 or USD
13,606 except
Broadcasting TV
segment and
Broadcasting Radio
Segment where
minimum paid up
capital is AED
2,500,000 orUSD
680,273"
New Incorporation
of a FZ - LLC
requires to show a
proof of minimum
capital of AED
50,000 or USD
13,606.
Capital required for
Free Zone
Establishment /
Company AED
100,000 (US$
27,397) for a sole
Proprietorship and
AED 50,000 (US$
13,698) for each
partner in a
partnership.
FZCO-LLCs
incorporated in
Dubai Healthcare
City are required
to have minimum
paid up capital of
AED 50,000 for
Commercial and
AED 300,000 for
Clinical
"Minimum share
capital of a
company is AED
50,000 or USD
13,606 per
shareholder. "
FZE requires AED
150,000(min ) or
USD 40,817
FZE requires AED
150,000 or USD
40,817.
FZE requires min
capital of AED
185,000 or USD
50,000.
FZE requires AED
100,000 or USD
27,247
Annual rent cost
USD 14,629 for
26.88 sqm in 1
story building. The
annual rent cost
from USD 517 - 681
per sqm in multi
storey building.
Insurance for single
floor building is
USD 28 while for
others it is 1.10 per
sqm.
Minimum space of
25 sqm is
necesssary to
obtain a license
and four employee
visas are granted
with every 50 sqm
of rented office
space.
Investors have the
option to lease
commercial offices,
executive office,
executive desk,
furnished office,
and retail units.
Details made
available upon
application.
Offices
Investors have the
option to lease
commercial offices,
executive office,
executive desk,
furnished office,
and retail units.
Details made
available upon
application.
Investors have the
option to lease
office units on a
flexible lease
option ranging
between 1 and 5
years. Spaces
range from 310
square feet upto
14,000 square feet.
Units are provided
on shell and core
or fully fitted
offices options.
A company can
sponsor one
employee per 80
sq. ft. of space
leased. Land sales
and leasing
options are
available in or
next to the
current developed
zones. Lease and
sale price vary
based on size of
office units/land
parcels and these
details are made
available upon
application.
Commercial
properties available
for freehold
purchase or lease.
Minimum office
requirement for
obtaining a trade
license is 540 sq ft.
"1. from 21 sqm -
AED 34,500 or USD
9,3882. from 24 sqm
- AED 39,600 or USD
10,776 "
Size from 15 sqm
to 42 sqm
"Annual Rent of
old building is
USD 6,806 or AED
25,000. Area is 16
sqm. The rent is
new building is
AED 1,500 per sq
m"
Offices - USD
4,087 - 8,719 from
17 sqm to 45sqm
Branch of a local
UAE company
Branch of a local
UAE company
Incorporation of a
Free Zone Limited
Liability Company
(FZCO-LLC) with
individuals as
shareholders
Branch entity Branch entity Branch entity Branch entity Branch entity
Branch of a local
UAE Company
Branch of a local
UAE Company
Branch of a local
UAE Company
Branch of a local
UAE Company

Refundable
deposit
Office, warehouse
and showroom -
10% of annual rent
payable once
Security Deposit
"Depends on the
activity. Entity
operating in Media
Business centre
Executive office -
USD 2,722 or AED
10,000"
Depends on the
activity
15% of yearly unit
rent is refundable
security deposit.
Subject to
application.
Visa Deposit
USD 953 or AED
3500
USD 953 or AED
3500
USD 1361 or
AED 5000
Visa Deposit
Particulars
Jebel Ali Free
Zone- Dubai
Dubai Airport
Free Zone
Dubai Media
City
Dubai
Internet City
Dubai Gold &
Diamond Park
Dubai Health
Care City
Dubai Multi Com-
Modities Centre
Sharjah Airport
Intern'l Free Zone
Hamriya Free
Zone -sharjah
Ajman
Free Zone
Ras Al Khaimah
Free Zone
Executive Suite -
AED 12,000 per
month includes
manager desk, 4
workstations, 1
meeting table,
furnitures and
cabinets, 5 car pass
Retail outlets
(approximately
300 square feet) -
USD 70 to USD 80
(AED 255 to AED
290); Pre-built
manufacturing
units available
(1000 square feet
and above) for
USD 360 (AED
1300), Showrooms
(6500 square feet
and above) for
USD 55 (AED 200
and above); and
office units (750
square feet and
above) for USD 50
(AED 185) and
above
Virtual office
(e-Package)
available for AED
13,000 per month.
Two Packages
available for
investors. Package
1 priced at AED
25,000 covers
office rent for 10
sq m office, 1 year
license
(commercial or
service license) fee,
service charges, P
O Box, telephone
line charge and
allottment of 4
resident visas (visa
charges not
excluded). Package
2 priced at AED
35,000 covers all of
Package 1 but
allows investors to
carry out general
trading activity.
Pakcages range
from AED 21,950.
Package includes
one license.
General Trading
License priced at
AED 27,150.
E-commerce
license priced at
AED 28,050.
Capital
requirement for
above packages
is set at AED
185,000
Other Packages - - - - -
Warehouse Units
available in
different sizes
varying between
313 Sqm to 1,110
sq m
Light Industrial
Units admeasuring
350 sqm and land
sites admeasuring
2500 sq m
available
Land space
available for
hotels, property
management and
facilities
management
companies.
Details made
available upon
application.
Land space
available for hotels,
property
management and
facilities
management
companies. Details
made available
upon application.
Investors have the
option to lease
manufacturing
units on a flexible
lease option
ranging between 1
and 5 years. Spaces
range from 310
square feet upto
14,000 square feet.
Units are provided
on shell and core
or fully fitted
offices options.
Does not apply.
Investors have
the option to
own and/or lease
lands for
development of
healthcare
facilities.
DMCC Tradeflow is
a dedicated online
platform for
registering
possession and
ownership of
commodities
stored in
UAE-based storage
facilities. Please visit
http://www.dmcc.a
e/tradeflow to read
more
"Land admeasuring
2500 sqm
(minimum
area)From AED 35
per sqm, USD
9.35/sqm (rent)AED
5 per sqm, USD
1.36/sqm building
permit. Warehouse
admeasuring 125
sq m for AED
63,000; 250 sq m at
AED 100,000 and
400 sqm at AED
120,000"
Prebuild
warehouses
admeasuring 276
sq m, 416 sq m
and 276 sq m
available on a
twenty five year
lease term
renewable for
further term of 25
years. Lease rates
can be fixed for
the first five years
with a rent review
at the end of this
period.
Warehouse rent
for 100 sqm
warehouse is
AED 350 per sq
m and 500 sqm
warehouse is
available at AED
300 per sq m
Different sizes
between 1600 sq
ft and 4500 sq ft.
Standard size of
2200 sq ft with
storage space,
office, toilet and
pantry
Warehouses

Particulars
Jebel Ali Free
Zone- Dubai
Dubai Airport
Free Zone
Dubai Media
City
Dubai
Internet City
Dubai Gold &
Diamond Park
Dubai Health
Care City
Dubai Multi Com-
Modities Centre
Sharjah Airport
Intern'l Free Zone
Hamriya Free
Zone -sharjah
Ajman
Free Zone
Ras Al Khaimah
Free Zone
General Trading
License - USD
8,164 or AED
30,000
"Others types of
licenses oﬀered-
Aviation - USD 4,082
or AED 15,000Real
Estate - USD 4,082 or
AED 15,000Freight
Forwarding - USD
2,313 or AED 8,500"
National
Industrial License
- AED 9,100 or
USD 2,477
- - - - - - -
Service License fee
is USD 2,177
(Branch of UAE
based company).
Logistics license
(Branch of UAE
based company)is
USD 8,164 per
year.
Additional
segments from
other Business
Unit(s) except
Broadcasting,
Publishing and
Manufacturing -
USD 2,722 or AED
10,000
Healthcare
consultancy,
Healthcare
Education, R&D,
Academic/educati
on service,
Outsourcing -
AED 15,000 or
USD 4,090
Service = USD
2,041 or AED 7,500
Service license -
AED 2,750 or USD
749
Industrial License
- AED 9,100 or
USD 2,477
Consultancy/
Service - USD
2,041 or AED
7,500
- - - -
Industrial License
between USD 1497
(7 poducts) and
USD 2449 (12
products)
Industrial - USD
2722 or AED 10000
Additional
segments within
Business Unit -
USD 2722 or AED
10000
Healthcare
Support - AED
15,000 or USD
4,090
Industrial = USD
2041 or AED 7500
Industrial license -
AED 2750 or USD
749
Service License -
AED 6500 or USD
1769
Industrial - USD
1361 or AED 5000
- - -
Licence fees per
annum
Trading license (7
Products) - USD
1,497 or AED
5,500
Trade - USD
2,722 or AED
10,000
As per the
activity
As per the
activity
Clinical - Inpatient
- Upto 5
specialities - AED
15,000 or USD
4,090
Trading license
fee is approxi-
mately USD 4,090
or AED 15,000
General Trading =
USD 4,082 or AED
15,000
Commercial
license (5 items) =
AED 2,750 or USD
749
General trading
licence - AED
9,100 or USD
2,477
General Trading -
USD 4,082 or AED
15,000
AED 5,500 or
USD 1,497
Trading license (12
Products) -USD
2,449 or AED 9,000
Services - USD
2,722 or AED
10,000
Freelancer (upto 3
activity) - USD
2,041 or AED 7,500
Upto 5 activities
within the segment
- USD 4,082 or AED
15,000
License Fee for
Free Zone
Establishment /
Company costs
AED 5,500 (US$
1,506)
Clinical -
Outpatient - Upto
5 Specialities -
AED 15,000 or
USD 4,090
Commercial =
USD 2,041 or AED
7,500
General Trading
License (more
than 5 items) =
AED 12,000 or
USD 3,266
"trading - 1
activity - AED
3,900 or USD
1,0622 activity -
AED 5,200 or USD
1,4153 activity -
AED 6,500 or USD
1,769"
Commercial - USD
994 or AED 3,650
-
Freelancer using
"Hot Desk" facility
of media business
centre - USD 1,361
or AED 5,000
15% of yearly rent
for ﬁt out deposit
which is also
refundable.
- - - - - - - -

Registration of FZE
"USD 2,722 or AED
10,0001. Along
with MoA and AoA
attestation of 3
copies each - USD
55 each copy2.
Specimen
signature - USD 14
per person3. Board
Resolution - USD
55 per person "
USD 2,725 or
AED 10,000
AED 10,000 or
USD 2,725
Not Applicable Not Applicable
Depends on the
activity
USD 2,722 or AED
10,000
AED 9,000 or
USD 2,449
AED 100 or USD
28
USD 1,905 or
AED 7,000
License Fee
for Free Zone
Establishment
/ Company
costs AED
5,500 (US$
1,506)
Particulars
Jebel Ali Free
Zone- Dubai
Dubai Airport
Free Zone
Dubai Media
City
Dubai
Internet City
Dubai Gold &
Diamond Park
Dubai Health
Care City
Dubai Multi Com-
Modities Centre
Sharjah Airport
Intern'l Free Zone
Hamriya Free
Zone -sharjah
Ajman
Free Zone
Ras Al Khaimah
Free Zone
Sales in UAE
Sales can be
carried out
through an agent
or distributor only
at 4% custom
duty. Free sales in
UAE not allowed.
Sales can be
carried out
through an agent
or distributor only
at 4% custom
duty. Free sales in
UAE not allowed.
Dubai Media City
offers licenses for
entties engaged
in services,
broadcasting,
hotels and leisure.
Dubai Internet City
offers licenses for
Software, Internet
and Multimedia,
Telecommunica-
tion and Network
and IT services.
Dubai Gold &
Diamond Park is a
part of JAFZA.
Dubai Health
Care City offers
licenses for
health care
services,
consultancy,
regional head
quarters, hotels
and leisure
services and
property
management
services.
Free Zone
Company can do
business in UAE
through an LLC
incorporated in
mainland with
import/export
license.
Sales can be
carried out through
an agent or
distributor only at
4% custom duty.
Free sales in UAE
not allowed.
Sales can be
carried out through
an agent or
distributor only at
4% custom duty.
Free sales in UAE
not allowed.
Sales can be
carried out
through an agent
or distributor
only at 4%
custom duty.
Free sales in UAE
not allowed.
Sales can be
carried out
through an agent
or distributor only
at 4% custom
duty. Free sales in
UAE not allowed.
Type of port Sea port Air port Within Dubai Within Dubai Within Dubai Within Dubai Within Dubai Sharjah Airport Sea Port Sea Port
Airport and
Seaport
Distance from
Dubai airport - by
car
40 minutes 10 minutes 30 minutes 30 minutes 20 minutes 10 minutes 25 minutes 50 minutes 40 minutes 45 minutes 2 hours
Registration of
FZCO
"USD 4,082 or AED
15,0001. Along with
MoA and AoA
attestation of 3
copies each - USD
55 each copy2.
Specimen signature
- USD 14 per
person3. Board
Resolution - USD 55
per person"
USD 4,082 or
AED 15,000
AED 3,500 or
USD 953
AED 3,500 or
USD 953
FZCO - AED
20,500 or USD
5,600
FZLLC - AED 3,500
or USD 953
Depends on the
activity
USD 2,722 or AED
10,000
AED 9,000 or USD
2,449
AED 100 or USD
28
USD 1,905 or AED
7,000

Please visit the publications page at our website www.ama.ae and access our DIFC information pack which
provides a detailed overview on operating within the DIFC.
Individual applicants.
Branch of Foreign Companies:
Free Zone Companies:
DIFC Incorporation
1. Application form of Respective Free Zone & Proof of Trade Name & Reservation.
2. Passport copy and or Emirates Id copy of proposed shareholders [in some cases,
CVs of Shareholders may be requested.
3. Passport copy and or E. ID copy of proposed Manager.
4. Business Plan – to include brief summary, financial projections, Background of Shareholders & Manager
5. No objection Certificate from sponsor [if Manager is already sponsored by Employer or Husband.
6. Power of Attorney in favour of Manager or representative who will handle formation process.
7. Specimen signature on Free Zone’s Authorization Card
7. Certificate of Registration for Parent Company. To be notarized/Legalized before UAE
Embassy in the Country where parent entity is duly constituted.
8. Memorandum / Articles of Association of Parent company [Notarized/Attested]
9. Specimen Signature on form.
7. Board Resolution of Corporate person calling for Establishment of Free Zone Company or Free Zone LLC
8. Proof of Capital from Bank operating within UAE [Does not apply in all Free Zones]
9. Specimen Signature
15 Court Uncourt
General Documentation required for
Free zone Incorporation.

Abu Dhabi Office
Advocates and Legal Consultants
23 A, Level 23 Tamouh Towers
Marina Square, Reem Island
Abu Dhabi, United Arab Emirates
Tel: +971 2 644 4330
Fax +971 2 644 4919
Email: auh@sunilthacker.com
Bahrain
Level 22, West Tower
Bahrain Financial Harbour
King Faisal Highway
Manama
Kingdom of Bahrain
Tel: +973 1750 3045
E mail: bahrain@sunilthacker.com
Qatar
Level 22, Tornado Tower
West Bay, Doha
Qatar
PO Box – 27774
Tel: +974 44294827
E mail: qatar@sunilthacker.com
Dubai Office
Oﬃce 1904, Level 19, Boulevard Plaza,
Opposite Burj Khalifa
Dubai, United Arab Emirates
Tel: +971 4 368 9727
Fax +971 4 368 5194
Email: info@sunilthacker.com
Sharjah Office
48-1F, Next to Abu Dhabi Islamic Bank
Near Hamriyah Free Zone Headquarters,
Hamriyah
Sharjah, United Arab Emirates
Tel: +971 6 526 4110
Fax: +971 6 526 4027
Email: hfza@sunilthacker.com
For a free subscription request, you can e-mail us at:
subscription@sunilthacker.com
with your name and address.
Visit our blog: https://uaelawblog.com
ISBN 978 - 9948 - 22 - 445 - 7

Court Uncourt 17
DIVORCE :AN OVERVIEW
Inowadays we can no longer use such factors to predict the identity of
the protagonists sat around the dinner table in any given family home.
Regardless of location or culture there is a likely prospect that a
residential unit may include a step-parent, siblings of different
parentage, grandparents, cousins or a group of friends simply sharing
a tenancy. This change may be attributed to a variety of factors, but it
is undeniable that the increase in the number of divorces worldwide
plays a part. In some areas (such as Las Vegas, where one can
instantaneously marry for $60 and divorce for $109) the institution of
marriage has never been afforded the respect it deserves, but the
fact of the matter is that regardless of culture, religion, social
practice, custom and timely values, divorce is a common and
accepted reality of our era.
The United Arab Emirates (UAE) is no exception, yet the nation is
somewhat unusual in the sense that it houses a disproportionately
large expatriate population. It therefore follows that the courts of
the UAE see a large number of matters pertaining to foreign family
issues. Consequently, when dealing with cases such as divorce,
the courts are accustomed to hearing a plethora of beliefs,
attitudes and expectations. Any person residing in a given
jurisdiction will be bound by the governing law therein, and as
such a thorough understanding of the UAE’s marital and family
laws, procedures and consequences is necessary for anyone
considering the termination of their marriage through the nation’s courts. However the UAE law also allows foreign
nationals to divorce under the law of their homeland. This article is therefore designed to provide a comprehensive
outline of the options available to those considering divorce, and to additionally consider various family rights with
which we may be unfamiliar.
Divorce under the UAE law is primarily dealt by Federal Law Number 28 of 2005 (the Personal Status Law - PSL).
Certain provisions of Federal Law No.5 of 1985 (the Civil Code) also deliberate the issue. Originally under Shari’ah law
six types of divorce were recognized, but modern family legislation recognizes only the following three types of
divorce:
n the present day and age we can all agree that there is no
such thing as a typical family tableaux. Although time, culture
and location have always flavoured the “traditional” concept,
A. Talaq - Divorce by husband
In talaq there are four stages including initiation, reconciliation, completion and the aftermath. The initiation
stage commences immediately on the husband pronouncing the phrase “I divorce you”. For the divorce to be
official, three months have to elapse (without intercourse between the couple). This is known as the
reconciliation stage whereby the couple have the opportunity to reconcile and, if they do not they may attend
court. The completion phase begins thereafter - the wife becomes “non-mahram” to the husband and the pair
must observe hijab rules. The aftermath is the final stage, which includes the husband caring for and supporting
any children born of the union.

18 Court Uncourt
B. Khula- Redemptive divorce or divorce by mutual agreement
Tafriq is a form of divorce in which the court intervenes.There are five grounds for valid tafriq applications: physical
or emotional injury, irreconciliable differences, discovery after marriage that the husband has an incurable
physical defect (i.e. impotence), failure to pay maintenance to the wife, or imprisonment or absence without
reason by the husband for over one year.
The law also lays down certain provisions whereby both spouses may ask for separation if this has been mutually
agreed. We have already established that expatriates and non-muslims seeking divorce have the option to opt for
divorce under the applied law of their homeland whilst remaining in the UAE – but how does this work in practice?
The initial step is to approach the Moral and Family Guidance Section at the court. This will result in a “counselling
session”involving a counsellor and both the husband and wife.The session shall be focused on discussing whether or
not reconciliation will be possible, and after the meeting the counsellor will report to the Judge. It is important to
note that the judge must be absolutely convinced that the marriage is irreparable in order to further divorce
proceedings. Further to the session the couple will be offered a three-month period to reconsider their decision, and
if they insist on proceeding thereafter their papers will be forwarded to the court. It is inevitably simpler if the divorce
is uncontested with a mutual agreement already in place between the husband and the wife, thus negating the need
for the court to impose a settlement arrangement.
If no prejudice is proved but disagreement continues between the spouses without the family guidance committee
or the judge being able to propose a resolution, the judge shall appoint two arbitrators (from their respective families
if possible) by no later than the following session.When appointing the arbitrators the judge shall also issue a timeline
which shall not exceed 90 days, and shall lay out the date by which the task must be completed.This period may later
be extended by a court decision. The two arbitrators shall investigate the causes of dissension and exert their efforts
to conciliate the spouses. The arbitrators shall submit a report to the judge and the judge may, if he so desires, base
his judgment on the arbitrators' decision. However it is highly likely that if the arbitrators have failed to conciliate the
spouses, the divorce shall be granted. It is therefore evident that regardless of the legislative system applied, the
emphasis of divorce proceedings in the UAE is on the encouragement of reconciliation.
In Khula the wife has the right to seek a divorce from her husband through the mutual consent of the husband or
a judicial decree. It involves a woman paying her husband to gain his permission to allow her out of the marriage.
Payment can be monetary or through some service provided to him. Her family might return his dowry - the
goods or payment they received in exchange for their daughter as his wife. If he accepts, the divorce can move on
to court for the tafriq process as defined below.
C. Tafriq - Divorce by judicial order
The UAE law additionally contains provisions to ensure that a wife retains entitlement to financial support from her
husband if she is/was lawfully married to him. It shall not matter if she is from a different religion or is technically
financially independent. The maintenance amount is calculated in accordance with the husband’s financial stability
and status. If the husband divorces his wife at his exclusive wish, she shall be entitled to enjoyment maintenance plus

1 Article 148 of the Federal Law No. 28 of the year 2005
Whether contested or agreed by mutual consent, matters such as divorce and child custody are universally
acknowledged as being delicate issues. Indeed, the Holmes and Rahe“Stress Scale”specifies divorce as being one of
the most stressful life events a person can go through. It is therefore essential that the practical steps are handled in
an efficient, sensitive and case-appropriate manner in order to ensure a smooth and effective resolution for all parties
involved. STA welcomes all enquiries pertaining to family matters, and ensures to afford every enquiry the respect and
sensitivity that each family deserves.
With regards to women the guidelines stipulate that she should not be remarried and must have the same religion
as that of the child - unless the court rules otherwise in the best interests of the child, on a condition that custody
period shall not exceed 5 years, whether the child is male or female. Occasionally, the mother is granted custody of
children up to a certain age, whereas the father is always considered the guardian. The mother may be awarded
custody of girls under the age of 13 and boys under the age of 11. 4Later, when the child is of the requisite age, the
custody of the child may be transferred to the father should he so desire. However if the court rules the mother to be
incompetent, custody of a child (regardless of age) can be given to the father or to the child's grandmother on the
father’s side.
Any discussion on the subject of divorce will inevitably combine a collection of contrasting views and opinions. And
in the midst of the debate, it is possible that crucial connected issues, such as child custody, maintenance and the
assigning of assets may fall by the wayside. A parental dispute in relation to custody and maintenance of the child is
likely to be covered under the PSL. The basic principle underlying the laws on the guardianship of a child is based on
the question“what is the child’s best interest?”– a concept commonly known in law as the Welfare Principle.
the waiting period maintenance depending on the husband's condition and subject to a maximum of the
maintenance of her equals. The judge may allow the payment in installments depending on the husband's financial
capacity, however he shall also consider the way in which any payment schedule would impact the wife.
Under UAE law a father is regarded as the natural guardian of a child. A distinction is made between a“custodian”and
“guardian”– a guardian is bound by the duties of financially maintaining a child and making any decision with regards
to his or her education and upbringing. 1
A custodian, as the word suggests, has the actual custody of the child and is
obliged to raise him or her whilst ensuring all day to day needs are met2
.
In deciding on such matters the courts of the UAE will primarily consider the age of the child and the mental state of
the parents. The law nonetheless lays down certain conditions to be fulfilled by either of the spouses in order to be
granted child custody. The law requires the person to be a mature adult of sound mind, honest, capable of raising,
caring for and attending to the child, free of serious infectious disease, and free from criminal convictions. 3
Further,
there are additional guidelines to be satisfied according to gender of the person seeking custody.
As for men, the law requires that the household must encompass a woman (such as a grandmother or aunt) fit to be
custodian of the child, to be “Muhrem” if the child is female. This woman must be of the same religion as the child5.
Even in cases whereby two parents are married to each other, in the event of death of the husband the custody of the
child becomes a subject of concern. Following the death, the child shall be taken into institutional care until the court
hears the matter and (most likely) passes guardianship to the mother. In order to avoid the removal of the child from
the mother’s care in such situations the assigning of an interim guardian is crucial. Therefore it is vital that a father
includes in his will (or in a separate, endorsed and legally-binding document) an interim child custody agreement,
affirming that the child shall be under the guardianship of the surviving parent or any other family member
nominated in the agreement until the formal guardianship order is passed by the court.
Court Uncourt 19

20 Court Uncourt
s I turned on the radio and drove to the office this morning the first news item I heard was about the 1% dip
in rentals in Dubai this quarter. It is therefore ironic that the first call I received when I arrived in office was
from a tenant desperately asking for help having receiving his landlord’s notice informing that the renewal
of his tenancy contract would be subject to a rent increase of 67%..
In a country wherein expats make up 90% of the population one of the areas that naturally assisted growth and
development was the real estate sector. And whereas investment and acquisition of property are an option for part of
the population, most of the expats have no option but to lease their home.
In recent years the return of growth and economic development has turned the real estate sector into one of the
main engines of the economy. However the growth and development of a sector does not always mean
improvements in the quality of life of the inhabitants of a country. On the contrary it has been proven to lead to a
period of unprecedented inflation in residential rent, with thousands of tenants moving to smaller apartments or
even to other Emirates in order to afford accomodation.
Accordingly, many Dubai residents, despite working in the Emirate, had to reconsider their finances and find cheaper
housing alternatives.. Thus, for those thousands of expats who decided to move out of Dubai, Sharjah became a
desirable and affordable solution.
Therefore, the question is - from a legal point of view and in a short or medium term – is it worth the change?Is Sharjah
the housing paradise where rents cannot be increased within the first three years of tenancy that it is made out to be,
or there is something else that we should know before making the move and regretting it forever?
Sharjah’s cheap rates are the token, and many families choose to change their residence only because of the
appealing prices practiced in Sharjah. There it is possible to rent a 2 bedroomed apartment for the same price as a
studio in Dubai. However, many families are unaware of the tenancy laws in Sharjah and the dream may suddenly
become a nightmare. This article aims to demystify Sharjah’s tenancy law secrets, and help you to decide whether it is
worth the move.
It is true that during the first three years all tenants benefit from a so-called "protection period" in which the rent
cannot be increased. As per Sharjah's 2007 law, the landlords can increase the rents after three years from the
commencement of the tenancy contract, and there is no cap imposed upon that increase. Following this first
increase the rent can be increased every two years thereafter.
To change or not to change?
“Dubai rents have started to fall for the first time in three years”1
Sharjah Rental Law
http://www.thenational.ae/business/property/rents-fall-in-dubai-for-first-time-in-three-years#ixzz3Dy7lEX2i
A

Court Uncourt 21
The lack of a cap can be taken by some landlords as a green light to unreasonably hike the rent. Actually as
most tenants are unaware of their rights it is not uncommon for landlords to increase the rent by more than
70%, forcing the tenants to agree and pay through illegal means such as threatening them with eviction or
simply disconnecting water and electricity supply.
For most tenants the protection period of 3 years upon the commencement of the tenancy contract is also
unknown. Accordingly, landlords exploit their tenants’ ignorance of the law and increase the rents yearly,
randomly and arbitrarily.
Despite persistent calls from tenants for the imposition of a rental cap , which would arguably be the only
suitable protection for Sharjah’s tenants, the authorities continue to defend the current position. If the
landlord tries to abuse position, either by increasing the rent within three years of the commencement of
the agreement, or increase it by an unreasonable amount, the tenants are welcome to lodge a complaint
before the police (when compelled to accept it by illegal means) or approach the Rent Dispute Committee
(RDC) and file a complaint based on the “similarity law”. The RDC encourages the landlord to increase the
rent in keeping with the prevailing rent rates applicable in that area and having in mind the place, the status
of the building and its maintenance, the level of services available, its age and the existence of parking
spaces, gardens, swimming pool or gym.However approaching the RDC involves costs. Even though it is
alleged that the tenant can simply visit the RDC and submit the available form or submit his own memoran-
dum, experience tells me that the appointment of a lawyer is a key factor in winning case.
Even if rents are starting to dip in Dubai, Sharjah’s prices are still undeniably much more affordable. And even
though the lack of rental caps has already been demonstrated to be an issue requiring the urgent attention
of the authorities, raising awareness of the applicable law and encouraging tenants to consult a lawyer
immediately after receiving any controversial notices from the landlord may be beneficial to the disgruntled
residents of Sharjah.

22 Court Uncourt
CROSS-BORDER CRIME
AND EXTRADITION (PART I)
hey say that crime doesn’t pay. But whether it pays or not it certainly sells, at least with Hollywood movies,
computer games, fictitious novels all reaping the benefits of the public’s general fascination with the subject.
Generally, the term “crime”may cover anything from a road traffic offence to a mass murder. Yet countries
As any industry is a continuously fluctuating, changing concept, the law must constantly and correspondingly evolve
in order to remain effective. However it isn’t just the evolution of crimes themselves that renders new legislation
necessary – the vast improvement in international transportation is such that a person could theoretically now
commit a crime on one side of the globe in the morning but be safely on the other side of the world by supper time.
This concept is prevalent in the media, with the faces of accused such as Shrien Dewani, Julian Assange and Amanda
Knox fronting our screens almost daily. The internationalization of crime has therefore forced domestic criminal law
in several jurisdictions to rely on international co-operation.
International crime may be categorized under four broad headings, namely money laundering and financial crime,
drug trafficking, heinous crimes and the war against terror. Offenders operating in any one or more of these areas
have the potential to exercise great influence on authorities, states and society in general through open or hidden
channels.Therefore ensuring that such characters are appropriately investigated, tried and thereafter dealt with is not
merely the responsibility of the country where the crime may have occurred, but is a concern on global level. Such
cooperation will in turn assist in upholding national security, and further ensure that domestic peace is maintained
and bilateral trade and commerce is not subject to crime, corruption and unlawful control.
So what effects does this international co-operation have in practice? If an offender has committed a crime in country
ABC but is now in country JKL, country JKL will presumably have no jurisdiction to try him. Is country JKL under any
obligation to deliver him into the custody of country ABC? Or is he entitled to any protection afforded by country JKL?
How do governments expedite any hand-over of suspects? Additionally what if the crime takes place across multiple
jurisdictions, or an in area in which the governing law is difficult to determine? In what circumstances may jurisdiction
be afforded to an international tribunal?
across the world regularly increase the range of offences to regulate and maintain public order in keeping with
developments in society. For example, advancements in the fields of technology and finance have tempted
criminals to resort to newer forms of crimes, and adopt alternate forms of currencies such as bitcoins.
T

Court Uncourt 23
“Extradition” in its broadest context means and results from cooperation between one or more nations and arising
from a formal request by one state (generally, pursuant to a treaty or a special request) to surrender a person accused
and/or convicted of a crime necessitating extradition/investigation. This general definition is largely understood and
encompasses the basic principle, but evidently an extradition process is much more complex. As such a far more
specific understanding is necessary in order to effectively achieve the desired objective to the mutual satisfaction of
all states involved. The problem here is that no universally-acknowledged specification of“extradition”exists. Whereas
the law of the USA considers extradition to be the request for handing over a suspect (by a state with the competency
– not necessarily the intention – to follow through with the consequential punishment of the suspect on conviction),
alternative schools of thought consider extradition as being handing over the physical custody of the suspect and/or
his eventual prosecution. The mechanics of extradition are therefore far more complex and governed by individual
treaties or special case-by-case arrangements between nations.
The United Nations General Assembly vide its resolution dated 14 December 1990 urged its member states to
strengthen international co-operation in criminal justice.To this effect, the United Nations issued the ModelTreaty on
Extradition which is consistent with principle 37 of its‘Guiding Principles for Crime Prevention and Criminal Justice in
the Context of Development and a New International Economic Order’. The Model Treaty serves as a guide and
further places an obligation on member states to extradite ‘any person who is wanted in the requesting State for
prosecution for an extraditable offence or for the imposition or enforcement of a sentence in respect of such an
offence’. This obligation to extradite however exists only between two or more member states and in absence of the
treaty, no such requirement would apply.
International criminal law is, it seems, a vast and complex subject. This series of articles will guide you through some
basic principles in order to answer the aforementioned questions. Not only will we examine international principles
and treaties currently in place to govern such situations, but we shall also explore the domestic legislation which
often causes cases to take on an international dimension and necessitates these processes. In the next article, we will
discuss one of the four main areas of international crime – namely, money laundering and Issue 7 will address specific
terms of international treaties.

Court Uncourt (Issue VI)

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