Judicial System In The United Arab Emirates
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Judicial System In The United Arab Emirates
The judicial system of the United Arab Emirates is based on the Constitution of the United Arab Emirates. It is a dual system as it has local and federal courts with a Supreme Court based at Abu Dhabi. Unlike Britain and other countries where previous court judgments are regularly used as legal precedents, the United Arab Emirates does not depend very much on precedents, although sometimes the judgments of higher courts can be applied by lower courts in similar cases. Where legislative provisions do not cover a specific issue, the court will make a decision in accordance with Sharia law. Islamic jurisprudence is widely used in the construction of UAE law. History Prior to the Union in 1971, the Trucial States were known as a protectorate of the British Empire established through a number of treaties. During that period, most disputes were handled by the rulers of the emirates, heads of local tribes, and unofficial judges following customary law. The primary source of law was I ...
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Constitution Of The United Arab Emirates
The Constitution of the United Arab Emirates ( ar, دستور دولة الامارات العربية المتحدة, ) provides a legal and political framework for the operation of the United Arab Emirates (UAE) as a federation of seven emirates. The Constitution came into effect on 2 December 1971 and was permanently accepted in May 1996. Authored by Adi Bitar, a forming judge and legal advisor, the Constitution is written in 10 parts and has 152 Articles. The United Arab Emirates celebrates the formation of the Union (and acceptance of the federal constitution) as National Day. History The Historically independent kingdoms, the modern emirates that constitute the United Arab Emirates and the modern kingdoms of Qatar and Bahrain entered into a treaty with the United Kingdom in 1853 and agreed to a Perpetual Maritime Truce with the UK; the kingdoms were collectively referred to as the ''Trucial States'' or as '' Trucial Oman''. Disputes between the states were often ...
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Dubai
Dubai (, ; ar, دبي, translit=Dubayy, , ) is the most populous city in the United Arab Emirates (UAE) and the capital of the Emirate of Dubai, the most populated of the 7 emirates of the United Arab Emirates.The Government and Politics of the Middle East and North Africa. D Long, B Reich. p.157 Established in the 18th century as a small fishing village, the city grew rapidly in the early 21st century with a focus on tourism and luxury, having the second most five-star hotels in the world, and the tallest building in the world, the Burj Khalifa, which is tall. In the eastern Arabian Peninsula on the coast of the Persian Gulf, it is also a major global transport hub for passengers and cargo. Oil revenue helped accelerate the development of the city, which was already a major mercantile hub. A centre for regional and international trade since the early 20th century, Dubai's economy relies on revenues from trade, tourism, aviation, real estate, and financial services.
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Legal Systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Chartered Institute Of Arbitrators
The Chartered Institute of Arbitrators (abbreviated as CIArb) is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979. History The Chartered Institute of Arbitrators was founded as the Institute of Arbitrators on 1 March 1915 and became registered as a charity in the United Kingdom in 1990. It was founded as an unincorporated association by H.C. Emery (a solicitor and chartered secretary), F.M. Burr (an architect), I. W. Bullen (an accountant), A. Powells (profession unknown) and A. Stevens (a solicitor). The aim of the Institute was 'to raise the status of Arbitration to the dignity of a distinct and recognised position as one of the learned professions. The first Secretary of CIArb was H.C. Emery, one of the founders, and the first offices were at 32 Old Jewry, London EC2. The first President, elected in June 1915, was Rowland Allanson ...
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London Court Of International Arbitration
The London Court of International Arbitration is a British private company limited by guarantee with a head office in London. It offers dispute resolution through arbitration and mediation. History The City of London Chamber of Arbitration was established in 1892, not long after the Arbitration Act of 1889 became law. It consisted of members of the City of London Corporation and the London Chamber of Commerce & Industry, and had its seat at the Guildhall in London. The ''Law Quarterly Review'' said of it at the time: "it is to be expeditious where the law is slow". The name was changed to "London Court of Arbitration" in 1903, and to the present name in 1981. It was incorporated as a private company limited by guarantee In British, Australian, Bermudian, Hong Kong and Irish company law (and previously New Zealand), a company limited by guarantee (CLG) is a type of corporation used primarily (but not exclusively) for non-profit organisations that require legal pe ... in 19 ...
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Dubai Chamber Of Commerce And Industry
Established in 1965, the Dubai Chamber of Commerce & Industry ( ar, غرفة تجارة وصناعة دبي, Ghurfet tijar'a wa sina'aht Dubayy), or simply the Dubai Chamber ( ar, غرفة دبي, Ghurfet Dubayy), is a public non-profit organization, and the stated purpose of the organization is to support the business community in Dubai and promote Dubai as an international business hub. The Chairman of Dubai Chamber is Majid Saif Al Ghurair. Hamad Buamim is the Chamber’s President & CEO. History The Dubai Chamber was established by a decree issued by the late Ruler of Dubai, Sheikh Rashid bin Saeed Al Maktoum in 1965. Dubai Chamber started its activities with 450 members and a 12-member board of directors. The number of members increased to over 150,000, from all economic sectors, in 2013. There are 24 board members. Memberships The Chamber created 27 business groups that are divided by industry, and 43 business councils that are divided by country. Local and internat ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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List Of Free Trade Zones In Dubai
Free-trade zones in Dubai, (FTZs) are special economic zones set up with the objective of offering tax concessions and customs duty benefits to expatriate investors. There are more than 30 Free Zones operating in Dubai. FTZs in Dubai and the UAE are governed pursuant to a special framework of rules and regulations. A Free Zone Authority offers business licenses to foreign-owned businesses. Each Free Zone is designed around one or more industry categories and only offers licenses (e.g. for a Free Zone Enterprise (FZE)), to companies within those categories. Most of the free zones in Dubai broadly offer trading, services, and industrial licenses to investors looking to set up their businesses. Background Free zones in Dubai are managed and operated by the relevant authority. For instance, the Jebel Ali Free Zone Authority in Dubai is responsible for managing, operating and supervising the Jebel Ali Free Zone, one of the largest seaport free zones in Dubai. It has a subsidized rat ...
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Ras Al-Khaimah
Ras Al Khaimah (RAK) ( ar, رَأْس ٱلْخَيْمَة, historically Julfar) is the largest city and capital of the Emirate of Ras Al Khaimah, United Arab Emirates. It is the sixth-largest city in UAE after Dubai, Abu Dhabi, Sharjah, Al Ain and Ajman. The city is divided by a creek into two parts: old town in the west and Al Nakheel in the east. Etymology The name Ras Al Khaimah means "the headland of the tent". It is reported that the city gained its named after a tent was erected there to facilitate navigation. History The northern area of the city today known as Ras Al Khaimah was previously the location of the important Islamic era settlement and port of Julfar. Ras Al Khaimah has been the site of continuous human habitation for 7,000 years, one of the few places in the country and the world where this is the case. Archaeological evidence has demonstrated that the settlement known as Julfar shifted location over time as harbour channels silted up. Excavations of a ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at the eastern end of the Arabian Peninsula and shares borders with Oman and Saudi Arabia, while having maritime borders in the Persian Gulf with Qatar and Iran. Abu Dhabi is the nation's capital, while Dubai, the most populous city, is an international hub. The United Arab Emirates is an elective monarchy formed from a federation of seven emirates, consisting of Abu Dhabi (the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. Each emirate is governed by an emir and together the emirs form the Federal Supreme Council. The members of the Federal Supreme Council elect a president and vice president from among their members. In practice, the emir of Abu Dhabi serves as president while the ruler of Dubai is vice pre ...
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