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How can I contact Themis Group for consulting services?You can contact us through our website's contact form, email us at info@themisgroup.com, or call our office directly. Our team is ready to discuss your needs and provide tailored solutions to help your business succeed.
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How can Themis Group assist with business setup in the UAE?We offer comprehensive support for business setup in the UAE, including assistance with choosing the right business structure, obtaining necessary licenses, drafting legal documents, and ensuring compliance with local regulations. Our expertise ensures a smooth and efficient setup process.
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What industries does Themis Group serve?Themis Group serves a diverse range of industries including construction, real estate, finance, technology, and manufacturing. Our tailored solutions are designed to meet the specific needs and challenges of each sector.
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How does Themis Group ensure compliance with UAE regulations?Our team of legal experts stays up-to-date with the latest regulatory changes and ensures that our clients' operations comply with all local laws. We offer services such as compliance audits, risk assessments, and the development of internal policies and procedures.
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Can Themis Group help with international arbitration?Yes, Themis Group has extensive experience in international arbitration. We assist clients with cross-border disputes by providing expert representation, strategic advice, and ensuring compliance with international arbitration laws and standards.
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What are the benefits of choosing arbitration over litigation in the UAE?Arbitration offers several benefits over litigation, including confidentiality, speed, flexibility, and the ability to choose arbitrators with specific expertise. It is especially advantageous for international commercial disputes where parties seek a neutral and specialized forum.
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What services does Themis Group offer?Themis Group provides a range of consulting services including legal advisory, business strategy, compliance, risk management, and dispute resolution. Our team specializes in helping businesses navigate complex legal environments and achieve sustainable growth.
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What makes Themis Group different from other consulting firms?Our unique blend of legal expertise, strategic insight, and a deep understanding of the UAE's business environment sets us apart. We are committed to delivering personalized solutions that drive sustainable growth and mitigate risks for our clients.
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What are the benefits of choosing Themis Group as a consulting partner?Partnering with Themis Group provides access to expert legal and business advisory services, tailored solutions, and a deep understanding of the UAE's regulatory environment. Our comprehensive approach ensures that your business is well-positioned for growth and compliance.
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What is the role of Themis Group in dispute resolution?Themis Group provides expert guidance in all forms of dispute resolution, including litigation, arbitration, and mediation. We assist clients in drafting effective arbitration agreements, representing them in proceedings, and offering strategic advice to resolve disputes efficiently and favorably.
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What are the compliance requirements for businesses in the UAE?Businesses in the UAE must comply with various legal and regulatory requirements, including maintaining proper financial records, conducting annual audits, adhering to anti-money laundering (AML) and counter-terrorism financing (CTF) laws, and ensuring that all business activities are conducted within the framework of local laws. Non-compliance can result in penalties, fines, and even the revocation of business licenses.
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How can Themis Group assist with company formation and business law compliance?Themis Group provides comprehensive support for company formation and business law compliance in the UAE. Our services include advising on the appropriate business structure, assisting with license acquisition, drafting legal documents, and ensuring compliance with all regulatory requirements. We help clients navigate the complexities of the UAE’s legal environment, ensuring a smooth setup and ongoing compliance for their businesses.
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What are the key steps for setting up a business in the UAE?The key steps for setting up a business in the UAE include selecting the appropriate business structure (such as LLC, branch office, or free zone entity), obtaining necessary licenses, drafting and notarizing a Memorandum of Association (MOA), securing a physical office space, and registering with the relevant authorities. Each step requires careful planning and adherence to local regulations to ensure a smooth setup process.
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How does the local sponsorship requirement work for foreign investors?In mainland UAE, foreign investors are typically required to have a local sponsor who holds at least 51% of the company’s shares. This sponsor can be an individual or a company. However, businesses set up in free zones are exempt from this requirement and can enjoy 100% foreign ownership. The local sponsor requirement ensures local participation and investment in the country's economic activities.
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What types of business structures are available in the UAE?The UAE offers several business structures including Limited Liability Companies (LLCs), Joint Stock Companies (JSCs), Branch Offices of foreign companies, and Free Zone Entities. Each structure has its own benefits and requirements. For example, LLCs allow for local market operations but require a local sponsor holding 51% of shares, while free zone entities offer 100% foreign ownership but restrict operations within the free zone.
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What are the main methods of dispute resolution available in the UAE?The primary methods of dispute resolution in the UAE include litigation, arbitration, and mediation. Litigation involves formal court proceedings, while arbitration and mediation are alternative dispute resolution (ADR) methods that are often preferred for their confidentiality, flexibility, and efficiency.
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What are the recent developments in UAE's arbitration laws?Recent amendments to the UAE Arbitration Law in 2023 introduced stricter requirements for arbitrators, including limiting the number of cases they can handle and enhancing conflict of interest disclosures. These changes aim to improve the quality and integrity of arbitration proceedings​. Key Amendments to UAE Arbitration Law (2023) In September 2023, the UAE introduced Federal Law No. 15, amending the 2018 Arbitration Law. Key changes include: Article 10: Enhanced arbitrator requirements, including the prohibition of direct relationships with arbitration parties. Article 10(bis): New conditions allowing arbitrators from arbitration institutions under specific circumstances. Article 23: Reaffirmation of parties’ rights to decide procedural rules. Article 28: Recognition of virtual arbitration proceedings. Article 33: Arbitrators' discretion over evidence rules, aligning with UAE public policy. These updates modernize the law but introduce potential ambiguities.
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How are foreign arbitral awards enforced in the UAE?The UAE is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This means that foreign arbitral awards can be enforced in the UAE, provided they meet certain criteria, such as not conflicting with UAE public policy and being properly authenticated​. In September 2023, the UAE enacted Federal Law No. 15, amending the 2018 Arbitration Law. Key changes include stricter arbitrator requirements, recognition of virtual proceedings, and enhanced flexibility in procedural rules. The amendments also introduce Article 10(bis), allowing arbitrators from arbitration institutions under specific conditions. These changes aim to modernize the arbitration process but introduce potential ambiguities.
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Can arbitration and mediation be conducted online in the UAE?Yes, the UAE Arbitration Law and DIAC Mediation Rules have provisions for online arbitration and mediation, recognizing the increasing use of digital platforms for dispute resolution. This flexibility is especially beneficial for international parties and those unable to attend in person.
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How does mediation differ from arbitration in the UAE?Mediation is a non-binding process where a neutral mediator helps the parties reach a mutually acceptable agreement. Unlike arbitration, the mediator does not make a decision; instead, they facilitate negotiations. Mediation is often quicker and less formal than arbitration and litigation.
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How can Themis Group assist with dispute resolution in the UAE?Themis Group provides comprehensive support in all forms of dispute resolution, including litigation, arbitration, and mediation. Their services include drafting arbitration agreements, representing clients in proceedings, and offering strategic advice to resolve disputes efficiently and favorably. Themis Group’s expertise ensures that clients navigate the dispute resolution process effectively, minimizing risks and achieving positive outcomes.
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How does litigation work in the UAE?Litigation in the UAE is governed by the Federal Law No. 11 of 1992 (Civil Procedure Code). It involves filing a lawsuit, preliminary hearings, evidence submission, a trial, and a judgment. The process can be time-consuming and public, which may not be suitable for all types of disputes.
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What is arbitration and how is it conducted in the UAE?Arbitration is a private dispute resolution process where the parties agree to submit their dispute to one or more arbitrators who make a binding decision. The UAE Arbitration Law (Federal Law No. 6 of 2018) aligns with the UNCITRAL Model Law, and arbitration can be conducted through institutions like the Dubai International Arbitration Centre (DIAC).
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What sectors commonly use arbitration in the UAE?Arbitration is commonly used in sectors such as construction, real estate, finance, and commercial transactions. In 2022, nearly half of the arbitration cases registered with DIAC were related to the construction sector, reflecting its importance in the UAE's economy.
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Are there any restrictions on property ownership for foreign investors?While foreign investors can own property in designated freehold areas, they may face restrictions in certain areas that are reserved for UAE nationals or GCC citizens. Additionally, some types of properties, such as agricultural land, may have ownership restrictions.
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How are property disputes resolved in the UAE?Property disputes in the UAE can be resolved through litigation, arbitration, or mediation. The Dubai Land Department and the Rental Dispute Settlement Centre offer specialized forums for resolving real estate disputes. Arbitration and mediation are also popular due to their confidentiality and efficiency.
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Can expatriates own property in the UAE?Yes, expatriates can own property in designated freehold areas in Dubai, Abu Dhabi, and other emirates. Freehold ownership grants expatriates full property rights, allowing them to buy, sell, and lease their properties without restrictions.
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What is the difference between freehold and leasehold property?Freehold property grants the owner complete ownership of the property and the land it stands on. Leasehold property allows the owner to lease the property for a specified period, usually up to 99 years, but the land remains owned by the original owner.
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What are the steps to purchase property in the UAE?The steps to purchase property in the UAE include selecting a property, making an offer, signing a Memorandum of Understanding (MOU), paying a deposit, securing financing if needed, signing the sale and purchase agreement, and registering the property with the relevant land department.
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What are the typical costs associated with buying property in the UAE?Typical costs include the purchase price, a registration fee (usually 4% of the property value), real estate agent commission (usually 2% of the property value), and other administrative fees. Buyers may also need to pay for property inspections, mortgage processing fees, and maintenance charges.
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What are the key laws governing real estate in the UAE?Real estate in the UAE is primarily governed by Federal Law No. 5 of 1985 (the Civil Code), the Dubai Law No. 7 of 2006 concerning real property registration, and the Abu Dhabi Law No. 3 of 2005 regarding real estate registration. These laws regulate property ownership, leasing, and development.
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How does off-plan property purchase work in the UAE?Off-plan property purchase involves buying a property that is still under construction. Buyers typically pay in installments according to a payment plan. It is crucial to verify the developer's reputation and ensure that the project is registered with the relevant land department to protect the buyer’s investment.
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How can Themis Group assist with real estate and property law in the UAE?Themis Group offers expert legal advice and services in all aspects of real estate and property law. This includes assistance with property transactions, drafting and reviewing contracts, resolving disputes, ensuring compliance with local regulations, and providing strategic advice on property investments. Their comprehensive support ensures smooth and secure real estate dealings in the UAE.
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What are the rights and responsibilities of landlords and tenants in the UAE?Landlords and tenants have specific rights and responsibilities under UAE law. Landlords must provide a habitable property and maintain it, while tenants must pay rent on time and take care of the property. Rental agreements should clearly outline these obligations to avoid disputes.
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What are the regulations regarding working hours and overtime?The standard working hours in the UAE are eight hours per day or 48 hours per week. During Ramadan, working hours are reduced by two hours per day. Overtime is permissible but must be compensated at a higher rate: 25% for overtime during regular hours and 50% for overtime between 9 PM and 4 AM. For public holidays, the overtime rate is 150%.
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How are labor disputes resolved in the UAE?Labor disputes are first addressed through the Ministry of Human Resources and Emiratisation (MOHRE), which provides mediation services. If mediation fails, the dispute can be escalated to the labor courts. The UAE has specialized labor courts that handle employment-related cases, aiming for swift and fair resolution.
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What are the key employment laws in the UAE?The UAE’s employment laws are primarily governed by Federal Law No. 8 of 1980, known as the UAE Labour Law. This law covers various aspects of employment, including recruitment, contracts, working hours, leave, termination, and worker safety. Recent amendments and updates to this law aim to enhance worker protections and align with international labor standards.
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How can Themis Group assist with employment law and workforce management in the UAE?Themis Group offers comprehensive services in employment law and workforce management. This includes drafting and reviewing employment contracts, developing HR policies, ensuring compliance with labor laws, and representing clients in labor disputes. Their expertise helps businesses navigate the complexities of the UAE labor market, ensuring legal compliance and effective workforce management.
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What are the leave entitlements for employees in the UAE?Employees are entitled to annual leave, sick leave, and maternity leave. Annual leave is a minimum of 30 days after one year of service. Employees are also entitled to up to 90 days of sick leave per year, of which 15 days are fully paid, 30 days are half-paid, and the remaining 45 days are unpaid. Maternity leave is 45 days, with full pay for employees who have completed one year of service.
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How are employment contracts regulated in the UAE?Employment contracts in the UAE must be written and include key details such as job title, duties, salary, and duration of the contract. Contracts can be fixed-term or unlimited-term. The law mandates that contracts be in Arabic, but bilingual contracts (Arabic and English) are common to ensure mutual understanding between expatriates and employers.
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How does the UAE Labour Law address termination and end-of-service benefits?Termination must be based on legitimate grounds and follow proper procedures. Employees are entitled to end-of-service gratuity, which is calculated based on their length of service. For employees with up to five years of service, the gratuity is 21 days' basic salary for each year. For those with more than five years, it is 30 days' basic salary for each additional year.
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How can Themis Group assist with contract enforcement in the UAE?Themis Group provides expert legal services to assist with all aspects of contract enforcement. This includes drafting robust contracts that comply with UAE law, advising on dispute resolution strategies, representing clients in court or arbitration proceedings, and ensuring that contractual rights are effectively protected and enforced. Their expertise helps mitigate legal risks and ensures favorable outcomes for their clients.
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How are contracts enforced under UAE civil law?Contracts are considered legally binding agreements under UAE law, and the courts place significant weight on the explicit terms agreed upon by the parties. To enforce a contract, the aggrieved party must file a lawsuit in the relevant court. The court can then order specific performance, damages, or termination of the contract based on the nature of the breach and the terms of the agreement.
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How does the UAE handle disputes arising from international contracts?The UAE is a signatory to several international conventions, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This facilitates the enforcement of international contracts and arbitral awards in the UAE. Additionally, the UAE courts are known to respect choice of law and jurisdiction clauses in international contracts, provided they do not conflict with UAE public policy.
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What remedies are available for breach of contract in the UAE?Remedies for breach of contract in the UAE include specific performance, where the court orders the breaching party to fulfill their obligations, and damages, which compensate the aggrieved party for losses incurred due to the breach. The court may also terminate the contract if the breach is fundamental, releasing both parties from their contractual obligations.
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What are the essential elements of a valid contract in the UAE?For a contract to be valid in the UAE, it must include mutual consent of the parties, a lawful subject matter, and a lawful cause. Additionally, the parties must have the legal capacity to enter into the contract. Written contracts are strongly recommended, although oral agreements can also be enforceable if supported by sufficient evidence.
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What is the basis of civil law in the UAE?Civil law in the UAE is primarily governed by Federal Law No. 5 of 1985, also known as the Civil Transactions Law or the UAE Civil Code. This law regulates personal and contractual relationships, drawing from a blend of Islamic Sharia law, Egyptian law, and French civil law principles. It provides a comprehensive framework for civil transactions and dispute resolution.
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Can interest (riba) be included in contracts in the UAE?Under Sharia law, which influences UAE civil law, charging interest (riba) is prohibited. Therefore, any contractual provision involving interest may be deemed void and unenforceable. Contracts should be carefully drafted to comply with this principle, often using alternative mechanisms for financial compensation that do not involve interest.
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