Finding Justice in the Courts: Dubai, Bahrain and the GCC
Many expatriates living in the Gulf may feel wary of pursuing their rights before the competent courts and authorities in the GCC region. Horror stories from the media, may perpetuate the minds of these individuals. This creates an unconscious policy: don’t do anything.
The aim of this article is to dispel this notion, and give readers an insight into what rights they have and can look to enforce in the GCC, in terms of what they know from back home.
What Rights do you have?
Common rights, illustrated in the United Nations Declaration of Human Rights of 1948 are part of the fabric of most GCC countries.
These include the right to travel (given that you have a valid visa) in and out of the country. The right to work is granted with respect to your particular employer, and this includes the right to be paid an agreed compensation, and have certain expenses paid for (i.e. visa and etc). The right to paid leave, is also prevalent. The right to enter into contract, or incorporate a business with Ministry approval, is also a part of the fabric of the legal landscape in the GCC. In fact, given that all GCC countries operate some form of a civil code system, the right to contract creates a web of residual rights which stem from contracts and business, with respect to business partners, investors or customers. Some GCC countries also have in place consumer protection laws.
Criminal laws allow an individual to seek recourse against individuals who by malicious, fraudulent or wilful acts violate their rights, while the civil code also gives individuals the right to seek recourse for negligence to some extent.
Where and how can you enforce your rights?
Their are a number of ministries and government agencies which intervene and assist expatriates and individuals with matters pertaining to their rights. These could be entities such as the Dubai Police for Criminal matters, or the Chamber of Commerce in some countries, and the Labor Market Regulatory Authority in others such as Bahrain.
The courts also entertain a number of civil and commercial cases, related to contracts. Most processes related to legal matters before the courts are in Arabic. Arabic speakers can self represent, or appoint an advocate. For matters at different government bodies, there can be access to translation or English language services occasionally.
Mental Barriers
When someone is the victim of a wrong, they may consider the task of enforcing their right, with the assumption that they will have to either do all the leg work themselves, and then face a system completely biased against them. They also assume that they may have to hire a local advocate, completely disinterested in the case, and endure years of litigation with no clear progress. This, will all come at an exorbitant price, which will yield a settlement agreement whereby the defendant will pay the amount owed in tiny installments, due over the course of the rest of his/her life.
The reality is different: There are a great variety of law firms and advocates and consultants in the Middle East. It is true that filings are completed by local advocates pursuant to the laws of most GCC countries, however the reality is that many of these locals hire and collaborate with foreign nationals and firms to manage workload. Many foreign firms split the work with locals in the court system as well, and many foreign firms are on hand to address the complex contractual and civil requirements requested by many expatriates, in their dealings. As mentioned, many of the rights created by contract, which are enforceable in the GCC, may reference foreign laws or legal standards, and many foreigners may seek a solution which resembles what they could expect back home. These solutions are provided by the foreign lawyers and local advocates working together.
Prices are also not as exorbitant as it may seem. In the UAE, some advocates can charge as little as 10–15% of a settlement for a matter, while in Bahrain, fees can be as little as 7% for example. In addition, most international law firms will provide complete access and interface with their client, so that they are fully aware of the process.
Cases also do not take as long as people may think, with many often settled within a year. Finally, the settlement is not disappointing in most cases.
Martin Luther King said that “the Arc of History Bends towards Justice,” and over a large proportion of legal cases in the GCC courts, the same can be said in terms of consistency in judgments. Contracts are generally enforced, and many expatriates do engage in everyday economic activities, such as participation in the workforce. Therefore, the piecemeal settlement is not the default reality, and there are tools available through the courts, which even allow for the liquidation of a defendant’s assets in some cases.
Who can you trust?
Borderless Counsel offers an international standard of service, through our network of ethical, honest and experienced professionals in Dubai and the GCC, with US, UK and locally licensed attorneys at your service.
We understand international laws, and what an expat may be accustomed to back home. In addition, we know how to get the expat what they need in the GCC, and we understand their expectations, hopes and dreams.
Therefore, when it comes to trust, we have got you covered!
For litigation related inquiries in Dubai, the UAE, and Bahrain,
get in touch today!
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