Validity of the online signature on contracts in courts or legal cases.

In accordance to the Article (17) of Federal Law No. (1) of 2006 On Electronic Commerce and Transactions;

1. A signature shall be treated as a Secure Electronic Signature if, through the application of a prescribed Secure Authentication Procedure or a commercially reasonable Secure Authentication Procedure agreed to by the parties involved, it can be verified that an Electronic Signature was, at the time it was made:
a) unique to the person using it;
b) capable of identifying such person;
c) was, at the time of signing, under the sole control of the Signatory in terms of the creation data and the means used; and
d) linked to the Electronic Record to which it relates in a manner which provides reliable assurance as to the integrity of the signature such that if the record was changed the Electronic Signature would be invalidated.

2. Absent proof to the contrary, reliance on a Secure Electronic Signature is deemed reasonable.

In addition, It is also important to consider the following:
1. The jurisdiction by which the agreement or document will need to be recognized and/or enforced. If another jurisdiction than the UAE is involved, it is important to consider their own laws regarding e-signatures;
2. Where an e-signature is being relied on (other than pursuant to Article 17 of the E-Commerce Law), whether such reliance would be considered reasonable by the courts (factors the courts would consider are set out above); and
3. Whether the type of document with respect to which the e-signature is used may be signed by way of e-signature under the e-commerce law.

The use of e-signatures also imposes additional duties on a signer, set out under Article 19 of Federal Law No.1 of 2006. There may be repercussions if these duties are not fulfilled. These duties include notifying concerned persons, without any unjustifiable delay, in the instance of finding out the signer’s signature tool was or may have been exposed to safety risks based on circumstances or facts made known to him/her.

As long as the requirements set out above are fulfilled, there should be no significant risk that the UAE courts not consider the e-signatures valid and the Signatory shall bear the legal consequences.

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How to contest a traffic fine in Dubai

Dubai: If you believe you didn’t commit a traffic offence or weren’t at a particular place at the time a traffic fine was issued against you, or were driving within the speed limit but the radar flashed, then you can contest the fine, Dubai Police said.

Brigadier Saif Muhair Al Mazroui, director, traffic department at Dubai Police, told Gulf News that if a motorist can prove his case, the traffic fine will be waived off in less than five days once the case is registered.

“There are many options for individuals to contest a traffic fine in Dubai. Mistakes can happen and it’s the driver’s right to contest a fine if he or she is sure they didn’t commit a traffic violation,” Brigadier Al Mazroui said.

However, Al Mazroui said complainants must carry the supporting documents to prove their case.

Once you have filed a complaint, a special committee will look into your case. The committee consists of six officers — deputy general at traffic department, two traffic control officers, a fines officer, representative of the Financial Supervisory General Headquarters of Dubai Police, and a representative of the Legal Affairs.

If the ruling is in favour of the complainant, the traffic violation will be cancelled immediately.

However, if the ruling doesn’t satisfy the driver then he should take a copy of the findings and approach Dubai Traffic Prosecution, which will issue the final verdict.

“In many cases it’s a mistake in the plate number’s code and easily can be changed and the fine can be erased in less than an hour without a need to go to the special committee. If you think your fine was unfair then please contact us to solve the problem,” Brigadier Al Mazroui added.

How to contest traffic fine:

The driver can go to the General Directorate of Traffic headquarters to file a complaint.

The driver can also call on 04-6063755 or go through the Dubai Police website (www.dubaipolice.gov.ae) to do the same, or install the Dubai Police app and click on the ‘contest a fine’ link.
© Gulf News

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How to know that you have a legal case in Dubai?

There are numerous types of legal cases such as Criminal, Civil, Real Estate, Ijaarat, Family, labor and Immigration. Dubai Government has different authorities to track or find the records of your cases. Therefore, you first need to recognize and find type of your case in the category. There is no online system in U.A.E for individuals to check their cases online by name or passport number unless you have the case number or reference of complain number. For example if you have a criminal case, you can check your records in any Police Station. Also it is always advisable to apply for a clearance letter from Dubai Police General Head Quarter directly by yourself or through your Lawyer.

Civil, Commercial, Family cases must be checked at the court counter by presence of yourself or the lawyer only.

Labor cases can be checked in Ministry of Labor, Court and Immigration. In case of any absconding case, the Immigration, DNRD is authorized to disclose the information to you or your attorney. Immigration cases such as overstay, visa expiry, forged visa and absconding can be checked inside immigration office or at the airport or in DNRD.

It is always recommended to appoint a Lawyer to check for your record in Police Station or at Dubai Courts.

For Consultation Appointment Call: +971-56-7546160

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Accused Presence in Court

In all of criminal offense and cases the present of accused is one of the requirement.

In case the accused does not attend with the lawyer in any of the hearing then the court will decide on the case without hear the defense’s statement.

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Compensation

According to UAE civil law the claim of compensation will not be granted by the judge for the amount which is more than AED 250,000 unless you submit the proper documents such as invoices , expert report, contracts and etc.

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