Q1) I filed a complaint adjoin my employer in the emirate of Abu Dhabi pertaining to which a final acumen is yet to be arresting by the cloister and the cachet of the case is at the beheading level. I acquire been residing in the country for the aftermost eight months in adjustment to appear the cloister proceedings. However, I acquire not been accepting any accomplishment during the above period. Can I acknowledgment to my home country afterwards appointing a advocate to appear cloister affairs on my behalf?
Answer: Pursuant to your query, it may be acclaimed that you may accredit a advocate by arising a ability of advocate that is appropriately notarised by the agent accessible in Abu Dhabi in favour of the appointed advocate to represent you in any added cloister affairs that may booty abode in the case, which has resulted from the complaint filed by you adjoin your employer. This is in accordance with Article 55 (1) of Federal Law No. 11 of 1992 on the Civil Procedures Law (the 'Civil Procedures Law'), which states:
"The cloister shall acquire from the parties whoever they shall accredit as proxy according to the law."
Further, the ability of advocate shall accredit the appointed advocate to prove his arrangement afore the cloister adjudicating aloft the case filed by you. This is in accordance with Article 55 (2) of the Civil Procedures Law, which states:
"The proxy charge authorize his arrangement as proxy for his applicant by an official document."The notarised ability of advocate shall acquiesce the appointed advocate to represent you during cloister affairs and accomplish the all-important accomplishments and procedures to avert your rights and booty bactericide measures until the arising of a final judgment. This is in accordance with Article 57 of the Civil Procedures Law, which states:
"The activity proxy empowers the advocate with the ascendancy to accomplish the all-important acts and procedures in adjustment to book the acknowledged action, chase it up, avert and to booty basic measures until the accommodation on its claim is rendered, in the amount of case to which he was entrusted, and to acquaint such decision, after ageism to the affairs to which the law requires a appropriate authorisation."
Based on the above provisions, you may accredit a advocate to represent you in cloister affairs that may added booty abode by arising a ability of advocate that is appropriately notarised by the agent public. Thereafter, you may acknowledgment to your home country, should you ambition to.
Know the lawThe proxy charge authorize his arrangement as proxy for his applicant by an official document
Ashish Mehta is the architect and Managing Partner of Ashish Mehta & Associates. He is able to practise law in Dubai, the United Kingdom, Singapore and India. Full capacity of his close on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or accelerate them to Acknowledged View, Khaleej Times, PO Box 11243, Dubai.
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