ABDULLATIF ALHAMMADI ADVOCATES AND LEGAL CONSULTANTS

Al Hammadi & AssociatesAdvocates and Legal Consultants"OUR PROMISE . . . to offer global standards in our legal expertise.

In The Name of Allah, The Most Gracious, The Most Merciful.

Introduction

“The secret of our services, quality and strength, is your trust.”

It's a great pleasure for us in ‘Abdullatif Al Hammadi & Associates law firm to serve our clients with the best legal services. We go beyond the point where others stop. In so doing, we have surpassed the standards of even the best law firms in the region. Our clients are delighted by our staff's depth of knowledge and expertise. Our highly competent advocates fulfil their duties faithfully. Therefore our international clients, both companies and individuals, have quickly trusted us in protecting their rights and giving them the

best service.

His Highness Sheikh

Kalifa Bin Zayed Al Nahyan

President of The United Arab Emirates. May Allah Protect Him

The United Arab Emirates is a place of justice, dignity and equality, and maintains the human

rights of everyone. We, in the Emirates, respect the rule of the judges to establish justice

among the people. This is a right for all. The rule of law is above all.

Kalifa Bin ZKalifa Bin Zayed Al Nahyan

His Highness Sheikh

Mohammad Bin Rashid Al Maktoum

Prime Minister of The United Arab Emirates. May Allah Protect Him

AA man shall be respected first and foremost, whether he is a plaintiff or accused. He is honoured

by Allah, honoured by word, dignity and good manners. He should not be insulted because our

Islamic religion and our Arabian manners do not allow us to do so, whether he is guilty or not.

There is no-one above the law whatever his status and prestige

Mohammad Bin Rashid Al Maktoum

Leadership in providing high-quality legal services to achieve the satisfaction of our clients, exceed their expectations and earn their trust.

OUR VISION

A leading law company aspiring to global expansion, aimed at providing distinguished legal services. To provide advocacy and consultations, leading to service of the judiciary in its goal

of establishing justice by all legal means.

OUR MISSION

Al Hammadi & AssociatesAdvocates and Legal Consultants

1-2-3-4-5-

Absolute Confidentiality. Honesty. Integrity & Transparency. Perfection, Distinction & Creativity. Displaying means of amicable settlement between our client and his opponent before resorting to the legal process.

OUR VALUES

1-

2-

3-4-

5-

Achieving the satisfaction of our clients and meeting their aspirations throughout, protecting their financial and moral rights. Fast and accurate procedures depending on our staff’s deep legal expertise and modern technology in our various services. Holding pride of place in providing all legal services at the local, regional and global scale. WinningWinning our clients trust throughout the quality and distinction of our services, enabling clients to follow them through our website and keeping up with modern technology in our various services. On going qualification for our staff in order to achieve creativity and distinction in providing legal services to our clients.

OUR STRATEGIC OBJECTIVES


We are a licensed company specializing in providing legal services. Established in Dubai, UAE, for many years our name and reputation has attracted major global companies and individuals. This placed us at the top of adovacy in the region. It enabled us to promote distinguished services of the highest standard.

OurOur company's strength lies in the mutual trust with our clients. We have many notable achievements in prosecuting lawsuits before the courts in all degrees of litigation, or legal advice and representation. We provide the highest levels of accurate follow up based on the ex-pertise of our creative consultants and experienced lawyers. These cover: civil, commercial, real estate, criminal, and administrative laws. It includes associated branches of the law with our skilled administrative team and their expertise.

Internationally, we are associated with Memorandums of Understanding with many world-wide partners and clients, providing legal ser-vices in many global capital cities. We have clients from: London, France, America, Italy, Singapore, Brussels, Rome, Milan, Qatar and Saudi Arabia. This global outlook is in keeping with the international nature of the emirate and Dubai government's strategy for development.

ABOUT US


We chose to be distinctive throughout our business from the start of our company. Its birth was in Dubai and we chose the city's pulsing heart - the centre of business and finance, to locate our premises. We chose the middle of Sheikh Zayed Road to be closer to our clients in the most prestigious kilometres on earth.

We are located in this outstanding area where we look forward to the opening of several more branches in many capital cities across the world. We are working in co-ordination with our partners to achieve this in the very near future.

OUR LOCATION


OUR LEGAL SERVICES PROCEDURES


We begin our work by contacting our clients via email, telephone or wel-coming them to our offices. During this interaction, all aspects of the case will be discussed, legal advice given, all options relayed including an amicable settlement attempt with the opponent. if accepted, we will ac-complish it with our greatest endeavours and expertise.

But if our client insists on the legal process through the courts, we will assign competent staff to study and prepare the case. Continuous com-munication and coordination with the client is implemented to start the registration requirements of the case in court. We then plead the case before the court until the final verdict. At all times, we will attempt to achieve client satisfaction through mastery of our task, its accuracy and quality.

Statement By The Chairman

“It is unquestionable that advocacy is a humane and moral virtuous message which has existed for ages. This message is a great responsi-bility upon our shoulders from a legal, humane, and moral aspects before any other consideration. Thus Al Hammadi & Associates Advo-cates and Legal Consultants is established by lawyer/ Abdulatif Al Hammadi in Dubai. As he had a great concern in working as a team and improving the application of law and its morale. 'He aspired to follow the way of the jurists who correctly understand the facts of matters and the nature of transactions to establish the true one depending on fixed rules. In this way it became widely known as one of the lead-

ing, modern and efficient law firms in the region, with a long term, accumulated experience”.

From the above and in line with the words of Sir His Highness Sheikh Mohammed bin Rashid Al Maktoum ", in the race toward distinction, there is no specific line to end" (Ref. book: My Vision). Our goal from the very outset was distinction and improving our office up to a

global level.

We offer multiple and diversified legal services. We present our clients' cases before the judicial authorities in their various forms. We offer legal consultations and contract drafting in the different branches and fields of law including, but not limited to:

1-In the field of civil law transactions; it includes various types of contracts and transactions between people such as the contract of sale, and the lease in terms of drafting contracts or auditing and providing consultancy around them and deception, unfairness, tricks, coercion, mistake or defects that they may face.

OUR MOST IMPORTANT LEGAL SERVICES


2-In the field of civil law procedures; it includes the procedures of the law suit from when it is brought before judiciary until the final verdict and its implementation.



3-In the field of commercial transactions; Concerning the conclusion of commercial contracts, commercial mortgage and what is similar, and the points of difference between them. The civil contracts and their related matters from various types of commercial trans-actions by traditional methods and electronic contracts.



4-In the field of the Evidence Act in civil and commercial transactions; it includes the subject of required evidence depending on the type of contract made between the parties such as: taking the oath, presumptions and the testimony of witnesses, and their importance before concluding the contract and signing it. In the case of contracts that have been concluded before we handle solving their related problems.



5-In the field of banking law and financial institutions; (it includes various types of banking transactions such as deposits and current account, bank transfers and representation of banks in all cases. This also includes those related to dealers and lawsuits filed against them and confronting the prosecutors by demonstrating legal defenses related to banking actions and averting the responsibility of the bank for claims for compensation).



6-In the field of laws of Electronic Crimes & Developed Electronic Transactions (it includes pleading in law suits arising from disputes and electronic crimes, whether caused from inside or outside the State and whatever the type of electronic crime committed such as hackers, dissemination of specificities on the Internet, etc. Besides electronic crimes, we adopt various electronic suits arising from electronic contracts of various kinds, as well as disputes arising from telecommunications crimes of all kinds.



7-In the field of endowment, will, inheritance and disputes arising there from for Muslims and non-Muslims. We adopt our clients suits in these issues for various nationalities, races and religions in order to ensure and guarantee the fulfilment of their rights and preparation and formulation of the will to Muslims and non-Muslims, according to the legitimate laws of each religion.



8-In the field of drug cases law, we plead in such cases for clients before the police, the department of the public prosecutor and courts to refute suspicions around them. We examine what may be confused by the powers of exploration, reasoning and investigation of claims or errors against persons in such crimes. We believe in innocence for the grieved as a principle and convey a message of a humanitarian duty before being a job.



9-In the field of Insurance law & lawsuits of insurance companies, this topic includes various lawsuits arising from disputes of insurance by the insurer or the insured or the assured or others. We move various claims in this regard whatever the type of the case.



10-In the field of intellectual property laws. This includes the intellectual rights of authors, whether material or moral, rights of use and to prevent the abuse of these rights include the right to brand and patents registration with the competent authorities.



11-In the field of Shipping & Maritime Law, it includes the most important international commercial contracts, such as the international contract of sale CIF, FOB, Fez, what is related to them and certificates required for the conclusion of these contracts. It also includes all the customs and compensation claims and all matters relating to shipping, ships protection and their owners against the special terms and conditions provided rent, including the bill of lading, shipping disputes and loading on board.



12-In the field of Companies law, (it includes the ways of establishing companies, its license and disengagement of partnerships and disputes relating to this matter), as well as the termination, dissolution and liquidation of companies, and legal protection of the company through organizing management.



13-In the field of real estate regulation & properties law suits, it includes all real estate suits and their consequences, carrying out all real estate business in the court, the Land Department or arbitration centers, acting on behalf of developers and investors, preparing and submitting legal warnings and defence memos.



14-In the field of Rent Act, it includes all concluded leases, studying and analysing them, and attempting to solve them amicably. In case of being unable to be amicably resolved, we will resort to the Special Committee for dispute settlement between landlords and tenants through appearing before the Committee and providing it with explanatory notes.



15-In the field of Family laws & Personal Status laws for Muslims and non-Muslims Such as marriage, divorce, taking off suits, the right of the non-Muslim husband or wife to request divorce, the lawsuits of inheritance, legacy, alimony and custody.



16-In the field of dispute resolution by Commercial Arbitration, it includes a free arbitration, mediation, conciliation, dealing with various arbitration cases, preparing and registering arbitration cases in the arbitration authority, defence and indicating the rights of our clients for arbitrators to achieve the desired goals. It also includes the ratification of the arbitration judgment and procedures.



17-In the field of Labour Law &Labour Lawsuits, It includes the rights of both the employer and the employee, wrongful dismissal, presentation before labour courts, termination of the employment contract, organizing and preparing a list of disciplinary sanctions, cases of accidents and claims of compensation arising there from.



18-In the field of Criminal Law, as we represent our clients in all matters related to criminal laws in all parts of the United Arab Emirates and before all courts, whether felonies, misdemeanours or violations before first instance, appeal and discrimination courts. We record criminal notifications, follow up investigations of all police stations in the country. We also defend our client in all types of cases (felonies, misdemeanours or violations, family and juveniles cases, money lawsuits).



19-In the field of in implementing the provisions and collecting money from debtors and implementation problems, and the ways to handle them, Including following-up the implementation of the final verdicts of all courts of the country. We are also distinguished by our quick performance in performing implementation procedures and querying about debit accounts to collect the amount in favour of our client.



20-In the field of Civil Aviation, it includes disputes between commercial firms and individuals, and airlines firms, and the scope of applying the provisions of the Air Navigation, international air transport contract, passenger ticket, the air conveyor commitments, the rights and commitments of the traveller and the air conveyer’s liability for delay damages.



21-In the field of the Law of Entry and Residence of Foreigners and what related to the issues of illegal residence, administrative exclusion, residence offense, the entry of foreigners and visa permissions and requirements, residence and tourist visas, work visas and labour cases for non-sponsor.



22-In the field of Highway Code and Traffic, It includes traffic violations, and the adoption of traffic suits in traffic and highway prosecution and traffic court. It also includes commitments of the driver of the vehicle while driving, drivers' licenses, driving learning and vehicle testing and registration, highway and traffic crimes sanctions, their procedures, organizing the use of heavy commercial vehicles and compensation for material and moral damages resulting from accidents.



23-In the field of Protecting and Developing the Environment, it includes the violations that form an offense against the environment, pro-tection of the marine environment ,the nature of marine waters and its natural resources, plants, fishes and other marine objects, and what is above it in the air, and the facilities established in it.



24-In the field of International Judicial cooperation, extradition and follow-up of international cases in front of the local judiciary and judiciary of other countries and so by protecting our clients from being unable to be delivered to the claimed country.



25-In the field of judicial and administrative exclusion we cancel it, whether it is legal or administrative, through the legal process authorized by the state.



26-In the field of free zones, reception of goods, problems of their delay, the establishment of offshore companies in the free zones, follow-up licensing companies, legal regulation of labor disputes and financial claims, compensation and the UAE jurisdiction in the free zones.



27-In the field of Drafting of Contracts and Authentications, as we formulate various types of contracts with various amounts and we receive requests for audit, as well as the wording of various types of documents, memoranda of understanding, domestic and international agreements, and partnerships contracts and what is similar.



28-In the field of the Cases of Dubai Arbitration International Financial Centre, and includes various lawsuits arising out from the arbitration cases before the DIFC of Arbitration.



Omar’s Words

A Message from Omar ibn al-Khattab - may Allah be pleased with him – to Abu MoosaAsh'ari - may Allah be pleased with him - in a matter of judiciary:

“After all, Judiciary is a cohesive duty and a followed Sunnah; so you have to know if you asked to judge that, you shall not talk about un assured right, keep people equal in seeing you, sitting with you, and in your judgment so nobody takes advantage of your kindness nor despairdespair of your righteousness, evidence on the plaintiff and oath for who denied the guilty, and reconciliation and is permissible among Muslims if it doesn’t allow a forbidden conduct or vice versa. Whoever claims a true, absent right or evidence, determine a lasting end for him, if the evidence came true you would give him his right. And if he failed in doing so, he will deserve the case. If you made a false

judgemenjudgement, don’t hesitate to correct it any time later. This is better than being wrong. Muslims help each other in witness; no priority for any one.Allah knows what inside people putting evidences and faith to control that. Then you shall understand matters that not included in Qur’an or Sunnah well, and try to measure things. You have to know provisions and matters, and then depend on what is preferred by Allah and what is closer to correctness. And beware of anger, anxiety and boredom and don’t complain about people when rivalry or deny them. Allah will reward you for your correct judgement. Man with good intention will be protected by god, and who adorn what is not in

himselhimself, God will dishonour him. Allah accepts only faithful people so, imagine god rewards in heaven. And peace upon you”.

Last but not least we ask Allah on the expectations our clients, that we offer confidential, quick, fair and creative legal services and live up to their expectations and meet their ambitions and cope with the Global progress, and the development of its legislation. We consider this matter as an undertaking of us before our clients and a Charter of the profession’s honour signed by us, and Verily Allah is the grantor of

success.

Principles settled by the human conscience and coincided by divine religions, reason, logic and words of thinkers and theorists, and settled by the judiciary and established by law as one of the guiding ways to access desired human justice. Among the most important principles provided by Al Hammadi law firm to its clients as a kind of legal awareness the following:

1st - SOME RULES OF INTERPRETATIVE JURISPRUDENTIAL ASSETS FROM UAE CIVIL TRANSACTIONS LAW

1-

2-

3-

4-4-

5-

6-

7-

8-

9-

10-

“Ignorance of the legal provisions is not excuse”.

“We can’t measure according to the exception nor expand on its interpretation”.

“The origin is the survival of what was on what was”.

“The origin is release of deed”.

“If the origin falls, the branch falls”.

“The fallen as Zero doesn’t come back”.

“Man is binding to his endorsement”.“Man is binding to his endorsement”.

“Man rushed to a prematurely thing, punished by losing it”.

“The contrary of writing shall be approved only in writing”.

“Inadmissibility of the proceedings because of a previous judgement, and the law does not recognize the abuse of using the right”.

MISCELLANEOUS JUDICIAL PRINCIPLES


2nd - CRIMINAL RULES DERIVED FROM THE CRIMINAL LAW

1-

2-

3-

4-

5-

6-6-

7-

“Doubt explains in the interest of the accused”.

“Rewards depend on the kind of deed; no bearer of burdens can bear the burden of another, the origin of human being is innocence,

and what is built on falsehood is false”.

“While the judge make a mistake in Amnesty is better than making it in the sentence”.

“Punishment is personal and not crime or punishment except a text”.

““The court of appeal can’t judge by itself in a matter not judged by the Court of First Instance, and substantive debate is not permissible

in the estimation of evidence of the case before the Court of Cassation”.

“The Obituary of the court for refraining from responding to a defence that was not performed in front of it is not permissible”.

“Weighing witness statements attributed to assigned court as it can put it in the position it sees and feels sure of”.



3rd - IMMORTAL STATEMENTS IN JUDICIARY AND JUSTICE AND LAW

1-

2-

3-

4-

5-

6-6-

7-

8-

9-

“Compassion and humanity is over justice and justice is above law”.

“The light of justice alwaysshinescleansing all that is profane”.

“Court does not punish except to the extent of the offense and acquits who deserves guiltlessness”.

“Guiltlessness is a word said in courts, only defendants know its meaning”.

“Judiciary is a profession surrounded bysupreme meanings of respect and appreciation”.

“If the community knows the value of justice, no innocent will be convicted. If a witness knows that he will be as“If the community knows the value of justice, no innocent will be convicted. If a witness knows that he will be asked about that, he will

not give a false witness. If the victim knows that this word will reveal the truth, he will not be unfair with it”.

“Stated in the Quran says: ((If you judge between people you judge with justice)) (58 women) ((God commands justice and charity)) (90

bees)”.

“It has been said on the lips of Winston Churchill, British Prime Minister during World War II and after the destruction of the infrastruc-

ture of Britain as a result of war, he said: (As long as the judiciary and justice in the country are well, all the country will be well)”.

“And Voltaire, philosopher of Great French Revolution said: The greatest humanitarian action is returning justice for those who lost”.



CONTACT US


Office 1014, 1st Floor, Building A,Mazaya Centre, Sheikh Zayed Road,

P.O.Box 212042 - Dubai, U.A.E.

Tell: +971 4 321 2266Fax: +971 4 321 2277

[email protected]

ABDULLATIF ALHAMMADI ADVOCATES AND LEGAL CONSULTANTS

Documents

Transcript of ABDULLATIF ALHAMMADI ADVOCATES AND LEGAL CONSULTANTS