Groups » PAK (KHI / LHR / ISB) and UAE Lawyers

Mediation always optional, arbitration often mandated:

Mediation and arbitration are both forms of alternative dispute resolution (ADR) – ways that a dispute between parties can be solved without resorting to costly litigation. Before we address the specifics of how ADR works in condominiums, it would be helpful to explain the difference between mediation, arbitration and litigation.

Obviously, the first form of “dispute resolution” is to try and handle disputes directly, by having an open discussion between the two parties. A friendly resolution is free and relatively stress-free if the dispute has limited facts and both sides are willing to have an honest talk about the issues and are dedicated to solving problems.

Assuming that the direct method hasn’t worked, the next and least aggressive form of ADR is mediation. A mediation (which can be either mandatory or voluntary) occurs when the two parties sit down, usually with their attorneys, in front of a trained mediator. A mediator’s job is to help the two sides air their grievances in a productive manner. Mediators are not judges – they do not decide what is right or wrong, or what the true facts of the dispute are. Instead, mediators assist parties in reaching their own bargain, usually by serving as a shuttle between the two sides as they negotiate settlement terms. Mediations are non-binding, unless the parties sign a settlement agreement at the end of the process. Statistically, mediation is an extremely effective form of dispute resolution, and good mediators help the two sides come to an agreement that neither party is entirely happy with (which ordinarily signals a fair negotiation).

In arbitration, an arbitrator will serve as a private judge who will determine which side is “right” and wins the dispute. Both sides will present facts to the arbitrator (usually through attorneys, just as in a courtroom). Witnesses may be interviewed, and documents reviewed. Eventually the arbitrator will come to a conclusion of fact, just like a judge, and award relief to one or the other party.

Arbitrations can be either binding or non-binding-a non-binding arbitration is essentially a professional advisory opinion on the likely outcome if the dispute were to go to trial. A binding arbitration, in contrast, is essentially a private, less costly form of courtroom litigation where both parties have agreed to abide by the arbitrator’s final decision.

Last, of course, is litigation, where a dispute is brought in a state or federal courtroom where judges or juries are presented facts (by attorneys, in large disputes) and render a decision that is binding on the parties and may only be appealed if there is an argument over an issue of law. The fact finder’s determination of the truth of the dispute is generally written in stone after a trial ends.
Now, in the condominium arena, mediation is optional across the board. Arbitration is mandated whenever there is a disagreement between two or more parties that involves either:
(a) the authority of the board of directors, under the Condominium Act or condominium documents, to require any owner to take any action, or not to take any action, involving the owner’s unit or the appurtenances thereto; or to alter or add to a common area or element; or
(b) the failure of a governing body, when required by the act or condominium documents, to properly conduct elections, give adequate notice of meetings or other actions, properly conduct meetings, or allow inspection of books and records.

Expressly excepted from the requirement of non-binding arbitration are any disagreements that primarily involve title to any unit or common element, the interpretation or enforcement of any warranty, the levy of a fee or assessment, the collection of an assessment, the eviction or the removal of a tenant from a unit, alleged breaches of fiduciary duty by one or more directors, or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

It is also important to note that, prior to a board taking any action against a unit owner for an alleged violation of the act or documents, the board must provide the unit owner with advance written notice of the specific nature of the dispute, a demand for relief and a reasonable opportunity to comply or to provide the relief, and notice of the intention to file an arbitration petition or other legal action in the absence of a resolution of the dispute.

So the short answer is that mediation is optional, but highly encouraged, as it is a very cost effective way to settle complex disputes and has an extremely good success rate. Arbitration is mandated in certain specific instances, and in every other situation litigation is fair game.

Banking Law Lawyers in Pakistan
There was a boom in Pakistan’s Banking and financial sector few years back, which has now taken a U-TURN, and the Banks which were once determined to increase deposits at any cost are now reluctant to increase their capital costs , therefore Banking industry has been struck with depression. Coupled with high inflation and ever increasing cost of living in Pakistan, many consumers who were once seen as risk free by banks are being denied lending’s. This adverse scenario has resulted in litigation at a high rate in the Banking sector of Pakistan. Banks in Pakistan are now operating more stringent policies to improve the recovery of Debts, while some aggressive banks have started to use measures that are sometimes so offensive that basic consumer rights have been violated many a times. This is where we come in, our main objective being to resolve the issue in the most amicable fashion; however, Legal suit may be used as a last resort.

Most offences under Banking and Finance are administrated under Financial Recovery Ordinance, 2001 in Special Courts named as Banking Courts in Pakistan. These Banking courts are 29 in number all over Pakistan. Offences may also be tried under civil courts and through other courts if circumstances permit.

One of biggest drawback of engaging an unreliable Banking lawyer/ Attorney in Pakistan is that many lawyers have brought discredit to the profession by selling their cases, especially their banking cases to opposite parties.

The main aim of such banking lawyers / Attorneys is to prolong cases and earn heavy litigation bills from both sides, and by both sides we mean literally both sides.

The edge the Lawyers/Attorneys at PAK & UAE Lawful Attorneys (Since-1992) provide over our competitors is that our prospective clients are given full confidence that no attorney or lawyer of our law firm will ever engage in such unlawful and immoral conduct which brings disrepute to the profession, the law firm and at the same time loses the case of his client without any proceedings. Lawyers and Attorneys at PAK & UAE Lawful Attorneys (Since-1992) strives to reduce litigation times to a minimum. Our repute in the Pakistan market as Banking Law Lawyers/Attorneys is one of trust and justice at the most optimum speed. In many circumstances in Banking Law practice, it is always preferable and advisable to use arbitration, however, the lawyers and attorneys at PAK & UAE Lawful Attorneys (Since-1992) will only provide arbitration services after the express approval of our esteemed Clients (Banks and/or Consumer Clients alike).

The Banking Law Division, which comprises of specialist Banking Law Lawyers and Consultants, provides a whole range of legal advisory services to Banks and Consumers alike in Pakistan. Our services include policy and legal advisory, drafting and advocacy services, covering both domestic and international transactions.

Our Expert Banking Lawyers /Attorneys are groomed to value reliability and quality of work along with no negligence policy therefore, PAK & UAE Lawful Attorneys (Since-1992) stands out as the premium Law Firm providing Banking Law Services in Pakistan. Here at this world class law firm we strive for excellence with perfection in all aspects of our relationship between banks and customers.

MORDERN BANKING LAWYERS
We deal with various legal issues regarding modern banking, relating to the traditional activities of taking deposits from customers, paying out on demand and lending money to all kinds of asset securitization. We have extensive experience of advising, consulting, negotiating, litigating, providing policy advice and acting on behalf of national and international banks, donors and borrowers on secured and other lending transactions.

AREAS OF EXPERTISE
Banking Law Lawyers and Attorneys of PAK & UAE Lawful Attorneys (Since-1992) provide the following services in Pakistan in relation to Banks and /or Consumers of Banks
• Loan transactions and related security (particularly guarantees) both personal and corporate
• Swaps and Derivatives
• Pertinent aspects of the law of insolvency
• Receivership and company law
• Constructive trusts and tracing of assets
• letters of credit
• performance bonds
• letters of comfort
• Bills of exchange.

Corporate Finance:
• Project Finance
• Negotiations
• Short Term and Long Term Financing and Bridge Financing
• Letters of Credit
• Guarantees
• Restructuring of Loans
• Revival of Sick Units etc.
• Refinancing
• Project finance
• Securitization and other structured finance.

Banking attorneys at PAK & UAE Lawful Attorneys (Since-1992) works closely with clients in a wide range of secured and unsecured loan transactions and other credit transactions, including participation arrangements.
• Banking Lawyers at the law firm provide corporate clients with comprehensive legal audit and due diligence services.
• The Law Firm has knowledge with regard to new and creative financing techniques being utilized in Pakistan such as Asset Securitization and Term Finance Certificates and their private placement or public issue.
• Banking Lawyers at PAK & UAE Lawful Attorneys (Since-1992) also specializes in securities offerings, debt restructuring, and loan workouts on a corporate or nationwide scale.
• PAK & UAE Lawful Attorneys (Since-1992) also have specialized experience with regard to Shariah Law transactions, modes of finance and jurisprudence.
• And the list goes on

Our corporate law firm provides our clients with expert practical legal advice regarding Financial Institutions (Recovery of Finances) Ordinance 2001, the State Bank of Pakistan Prudential Regulations relating both to Banking as well as Non-Banning Financial Institutions and all regulatory concerns of Financial Institutions.

Because of extensive knowledge of the specialist lawyers and attorneys at work at PAK & UAE Lawful Attorneys (Since-1992) we have a definite edge in the financial services industry, our expert lawyers are often called upon to provide legal opinions concerning proposed and pending legislation.

We hope nay sure that the above brief presentation regarding our Banking Lawyers and Banking Law Practice in Pakistan will convince you to entrust us with your legal issues. Hope to see you soon.

INAMULLAH ANSARI (M.Sc, M.A, LL.B, ISO—9000)
(Advocate, Corporate Counsellor, Legal Coordinator &
Lawful Interventionist @ M/s Manzoor Ali Khan & Co.,
Advocates & Legal Consultants; Pakistan & UAE Since—1992)
[email protected]
Homepage: pakanduaelawyers.newsvine.com
+92(0)3332244634 / 3002176393. (KARACHI / LAHORE / ISLAMABAD & UAE)
http://pk.linkedin.com/pub/pak-uae-lawyers-corporate-counsel...

CRIMINAL LITIGATIONS / LAWS IN PAKISTAN:

Since its inception, the chamber of PAK & UAE Lawful Attorneys (SINCE—1992) is committed to providing the highest level of expertise for its clients and has, in a very short span of time, become one of the leading chambers specializing in the area of criminal litigation. With dedicated and experienced representation, our specialist legal team, comprising of seasoned lawyers, boasts of outstanding results in some of the most high profile criminal cases, placing us in the top tier of criminal practitioners in Pakistan.

We are experienced in handling an entire spectrum of criminal matters ranging from the most minor to the most complex. We specialize in both prosecutions as well as defense work and provide a straightforward analysis on legal issues whilst offering practical advice and representation.

PAK & UAE Lawful Attorneys (SINCE—1992) has won the trust and confidence of our clients facing criminal litigation. Our strength is our exposure and insight into the criminal justice system, enabling us to guide our clients at every stage of the case. We pursue the matter soon after the initiation of criminal investigation at the police station to advocacy and representation in the court taking the matter to its logical conclusion and desired results.

• Initiation of Criminal Proceedings
• Private Criminal Complaints
• Harassment Petitions
• Bail Matters
• Trials
• Appeals
• Criminal Investigation
• Private Investigation
• Miscellaneous Matters

Initiation of Criminal Proceedings
Unlike foreign jurisdictions, in Pakistan the complainant is at the helm of affairs in most of the criminal offences. Usually law is set into motion with a complaint to the concerned police station, resulting in registration of a criminal case in the shape of a First Information Report (FIR). The Courts are also vested with special powers to order registration of a criminal case in the event the police, for some reason or another, refuse to register a criminal case of an aggrieved person.

Approaching the court in such situations has secured us the desired results in innumerable cases in the recent past. We pursue the matter right from the beginning, ensuring an effective and fruitful investigation, securing the arrest of all those nominated in the FIR and taking your case to its logical conclusion.

Private Criminal Complaints
Proving your case without the help and assistance of the police is difficult, but not necessarily impossible. Reluctance and refusal on the part of the local police to redress your grievance is not an unusual phenomenon. This mostly happens when your opponent is well connected and exercises influence on the police, making prosecution difficult. The Criminal Procedure Code, in the shape of a private complaint, has provided an alternative remedy for such situations; the option is equally good and effective. PAK & UAE Lawful Attorneys (SINCE—1992) have vast experience in scenarios where trust and confidence in police was lost and the desired results were achieved through private prosecution.

Harassment Petitions
Criminal intimidation, threats and harassment activities are treated as serious offences under Pakistani Law. Vast powers exist with the Justice of Peace to ensure the well being of citizens by giving necessary directions to the police. PAK & UAE Lawful Attorneys (SINCE—1992) have provided timely relief for many victims of harassment, ensuring their safety and rights guaranteed under the Constitution of Pakistan.

Bail Matters
We realize the importance of getting bailed out in a criminal matter. Regardless of the nature of offence, our struggle continues till a court room victory is announced in favor of our client. We provide representation to both the complainant and the accused charged in all kind of bail matters. Pre-arrest, post arrest, anticipatory bails are matters that fall within our expertise. We provide representation from the Magistrates court to the highest forum throughout the country.

Trials
Adopting the right course of action, coupled with a planned and well thought-out strategy, plays a pivotal role behind every successful trial. We strongly believe in adopting an aggressive approach when the matter is ripe for trial. Cross examination is the most effective tool to tarnish the opponent’s case and is our main strength. With endless hard work, we have successfully conducted hundreds of trials before the magistrates and sessions judges. From the most minor to the most complex, we have a high success rate of securing “not guilty” verdicts.

Appeals
Denial of relief at the court of first instance is a cause of concern for most clients. Enormous experience of advocacy in the appellate court has earned our senior lawyers tremendous recognition from matters ranging from bail matters to murder & narcotics appeals. We offer dedicated and aggressive representation before the High Court and Supreme Court of Pakistan and regularly undertake both prosecution and defense appeal work. Our recent representation in some high profile criminal cases has further added to our repute.

Criminal Investigation
We are fully aware of the pivotal role played by criminal investigation conducted by the police; this ultimately has a direct impact on the outcome of the case. Realizing its importance and sensitivity, we are able to avail the services of trained and experienced investigating officers who offer full assistance and guide our clients in the right direction, ensuring proper and effective investigation.

Private Investigation
The tasks undertaken and services provided by efficient and expert investigators have earned us remarkable acknowledgment and appreciation by our clients for whom we regularly provide confidential requested services. Our trusted and reliable expert investigators provide confidential and private data of individuals as well as companies and organizations, depending on the nature of the information sought. Our clients range from foreign investment companies abroad to embassies for whom we render regular investigative assignments. We also cover matters such as verification of various documents, determining their genuineness and authenticity from the concerned quarters.

Miscellaneous Matters
We also cover matters such as arrest petitions, habeas corpus applications, change of investigation and dealing with persons who become fugitives from law and abscond due to various reasons.

As part of our legal services, we also offer advice, counseling and legal representation in UK & Canadian immigration related matters. We are proud of our reputation for extending accurate and realistic advice to our clients desirous of proceeding abroad for a better future. Our collaboration with United Kingdom & Canadian based immigration law firms has put us in good stead in successfully undertaking specialized immigration and advisory work.

Our chamber prides itself in the advocacy skills of our lawyers. However, we also realize that success is not contingent upon the lawyer, but on the commitment and integrity he shows in his work. It is this undeniable truth that forms the basis of our mission: Success through Professionalism

Our record and positive client feedback demonstrates our commitment and dedication to our work. We analyze each case from different perspectives and our personal and professional service ensures that you will never feel be uninformed about your case. We value your input and encourage our clients to be as involved as possible with their case. We specialize and offer services in the following matters:
- Murder / Attempted Murder / Assault
- Narcotics (Drug Possession & Trafficking)
- Fraud / Cheating / Forgery
- Banking Crimes & Frauds
- Criminal Breach of Trust
- Embezzlement
- Criminal Intimidation
- Custom Matters
- Sexual Offences
- Property Disputes (Land grabbing & illegal transfer of title)
- Domestic Violence & Physical Abuse.
- Medical Negligence
- Kidnapping/Abduction & Ransom

White Collar Crime
- Corporate Crimes
- Financial Crimes.
- Money laundering
- Accountability Offences
- Anti Corruption laws
- Cyber Crime
- Telecommunication Offences
- Counterfeiting
- Copy right infringement

Murder/ Attempted Murder/ Assault
Offences against the person are mostly committed in a variety of situations for which consequences could be serious. Punishment prescribed by the Pakistan Penal Code for breach of such laws is usually on the higher side. Both prosecuting and defending such charges may be quite difficult and requiring technical experience and insight. We undertake both prosecution and defense work and have a substantial experience of advocacy before various judicial forums of Pakistan.

Narcotics/ Drug Possession
Possession of Narcotics substances entail serious consequences including capital sentence depending on the quantity recovered. Most narcotics cases are now being prosecuted under the Control of Narcotics Substances Act, 1997 (CNSA). Our chamber has gained a great deal of recognition in securing bails and, eventually acquittals in some famous narcotics and drugs cases of the country, receiving media attention at both national and international level. We offer full representation for our clients (mostly foreign nationals) charges with drug related offences. Our services include representation at bail hearings, trials and appeals before the Divisional Bench at the High Court.

Fraud, Forgery, Cheating
Forgery is the process of making or adapting documents with the intention to deceive. It is a form of fraud and is often a key technique in the execution of identity theft. Questioned document examination is a scientific process for investigating many aspects of various documents and is often used examine the provenance and verity of a suspected forgery. Section 420, 468 and 471 of the Pakistan Penal Code deal exclusively with these offences and are the most common offences committed in Pakistan. We have built a strong working relationship with forensic and hand writing experts in order to provide efficient and effective representation for our clients.

Criminal Breach of Trust
Whilst drafting the legislation, the legislators did not lose sight of situations where trust, faith and confidence is abused to a level that the matter should go to the courts of law. Section 406 of the Pakistan Penal Code exclusively deals with transactions where one party is aggrieved of the other for a variety of reasons with the most common allegation of dishonesty, cheating and embezzlement of funds.

Medical Negligence:
Holding medical practitioners responsible for clinical negligence requires expertise and insight in the field of medicine and the technical terminology used. Gross negligence is not out of reach of criminal law; all such transactions are now accountable and can be taken to task by our expert criminal lawyer.

Kidnapping/ Abduction/ Ransom:
Kidnapping, Abduction and Ransom were originally included as offences under the Pakistan Penal Code, however, witnessing a rapid increase in the commission of these offences, the Anti Terrorism Act 1997, assumed special jurisdiction to try these offences in the Anti Terrorism Courts. Our experience includes providing clients charged with these offences with an effective and fruitful representation, both at the trial and appellate stage. Usually, such matters involve money transactions, an essential constituent of the offence, which plays an extremely crucial role in establishing criminal liability.

White Collar Crime:
White Collar crimes are usually committed in business transactions and involve complex and intricate issues. Given the sophistication of commercial dealings, it is difficult to both prosecute and defend such transactions. In the recent past we have provided successful representation to business people, entrepreneurs, professionals and public officials relating to white collar crimes. Our expertise includes handling some of the most high profile white collar offences giving us the understanding of complex financial information and transactional processes. We have ample resources to manage document intensive business cases, as well as access to a network of financial experts and investigators to maximize your chances of prevailing.

Financial Crimes
Insider trading of financial crime perpetrated by individuals with the essential inside knowledge is now treated as a crime. Usually, the bank or financial institution is the victim, not the perpetrator, of the criminal conduct. These traditional crimes are distinguished form the new breed of federal criminal statutes that now prohibit and punish the financial institution for allowing it to be used as the middleman to effectuate or camouflage the criminal conduct of others. Unlike the traditional banking crimes, these new crimes focus on the bank (or other financial institution) as the perpetrator, not the victim of the criminal conduct. The offences are punishable under the Foreign Exchange Repatriation Regulation 1972.

Cyber Crime
Increase in technology and use of computers in both personal and business sector has increased remarkably. Law in constantly developing in this region due to drastic increase in the level of prosecutions. Allegations are not only extremely technical but also difficult to prove. Offences relating to cyber crime now fall within the domain of Federal Investigation Agency (FIA). We offer our specialization to the full range of cyber crime offences, including, electronic media offences, cyber crime information, credit card fraud, funds transfer, computer sabotage, hacking etc.

Banking offences
PAK & UAE Lawful Attorneys (SINCE—1992) regularly advises banks and other financial institutions, focusing mainly on banking and financial crimes. We have ample experience of litigation in the following areas:

Breach of the terms of an instrument or document whereby possession of any asset or property offered as security for the re-payment of finance.

• Fraudulent misrepresentation made to a financial institution.
• Dishonest alienation of mortgaged property.
• Offences under the jurisdiction of Special Court (Banking Offences)

Property, Land, Real Estate Offences
In the past ten years, Pakistan has witnessed a major boom in the property sector. In particular, the huge investments made by foreign nationals in the property sector due to the growing need for housing and high rises has caused a mushrooming effect that has rippled through out Pakistan. The recent surge, growth and investments made over the last few years in the property market has also brought with it illegal elements that through illegal means have tried to take advantage of the property boom. The following are the illegal means against which we protect our clients and provide a legal, yet practical, solution to the problems they might be facing with regards to their property.

Illegal Possession
Illegal Dispossession is a new addition to the laws of property and has come about through the illegal Dispossession Act of 2005.

Land grabbing
Transfer of title through forged documents (Forgery)

Immigration and Human Trafficking Offences
Offences relating to Immigration and Human Trafficking now fall under the jurisdiction of the Federal Investigation Agency (FIA Act, 1974). We have successfully contested a number of high profile matters in the Special Court Central, securing bails and subsequently acquittals for our clients charged under the Immigration Ordinance, Prevention & Control Human Trafficking Ordinance 2002 and the Passport Act, 1974 .

INAMULLAH ANSARI (M.Sc, M.A, LL.B, ISO—9000)
(Advocate, Corporate Counsellor, Legal Coordinator &
Lawful Interventionist @ M/s Manzoor Ali Khan & Co.,
Advocates & Legal Consultants; Pakistan & UAE Since—1992)
[email protected]
Homepage: pakanduaelawyers.newsvine.com
+92(0)3332244634 / 3002176393. (KARACHI / LAHORE / ISLAMABAD & UAE)
http://pk.linkedin.com/pub/pak-uae-lawyers-corporate-counsel...

Divorce / Talaq Law Lawyers in Pakistan:

WHAT IS A DIVORCE?
Divorce or dissolution of marriage is the final termination of marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between married persons.

Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.

The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.

WHAT ARE THE TYPES OF DIVORCE
Though divorce laws vary between jurisdictions, there are two basic approaches to divorce:
• fault based
• no-fault based.

Court may take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.

NO-FAULT DIVORCE
Under a no-fault divorce system, the dissolution of a marriage does not require an allegation or proof of fault of either party. The application can be made by either party or by both parties jointly. This type of divorce may also be called a consenting divorce.

AT-FAULT DIVORCE
In such cases divorces are required to prove by one party that the other party had committed an act incompatible to the marriage. This was termed “grounds” for divorce (popularly called “fault”) and was the only way to terminate a marriage.

Fault-based divorces can be contested and may involve allegations of collusion of the parties, or condonation, connivance, or provocation by the other party. Contested fault divorces can be expensive and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

WHAT ARE THE KEY FACTORS TO CONSIDER PRIOR TO DIVORCE
• Duration of the marriage;
• Children (when the spouses have resolved custody and set child support payments for children of the marriage);
• Property/Assets in mutual name and/or gifted property.

UNCONTESTED DIVORCE
When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.

Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them.

COLLABORATIVE DIVORCE
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys/lawyers who are trained in the collaborative divorce process and in mediation.. The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Such collaborative divorce in Pakistan can be less expensive and such cases will raise less legal bills by the divorce lawyer.

However, should the parties not reach any agreements, any documents or information exchanged during the collaborative process can later be used in further legal proceedings, as the collaborative process is not a confidential proceeding absent some binding agreement that say it is confidential. Furthermore, there are no set enforceable time lines for completion of a divorce using collaborative divorce.

DIVORCE LAW IN ISLAM
In Islamic law and marital jurisprudence, divorce is accepted and referred to as Divorce (Talaq).

In the medieval Islamic world and the Ottoman Empire, the rate of divorce was higher than it is today in the modern Middle East, which now has generally low rates of divorce. In 15th century Egypt, Al-Sakhawi recorded the marital history of 500 women, the largest sample on marriage in the Middle Ages, and found that at least a third of all women in the Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or more times.

According to Al-Sakhawi, as many as three out of ten marriages in 15th century Cairo ended in divorce. In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%.

DIVORCE AND SEPARATION LAW IN PAKISTAN: AN OVERVIEW
There is a plethora of law and legislation in Pakistan regarding Marriage, Divorce, Separation, Custody of children and Maintenance to spouse and/or children which include the following:
• Guardians and Wards Act 1890
• Child Marriage Restraint Act 1929
• Dissolution of Muslim Marriages Act 1939
• Muslim Family Law Ordinance 1961
• (West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
• (West Pakistan) Family Courts Act 1964
• Offence of Zina (Enforcement of Hudood) Ordinance 1979
• Law of Evidence (Qanun-e-Shahadat) Order 1984
• Enforcement of Sharia Act 1991
• Dowry and Bridal Gifts (Restriction) Act 1976
• Prohibition (Enforcement of Hudood) Order 1979
• Offence of Qazf (Enforcement of Hudood ) Order 1979
• Execution of Punishment of Whipping Ordinance 1979

Pakistan is an Islamic republic, therefore laws an legislation has been designed to cater for Muslim Marriages especially which:

UNDER-AGE MARRIAGES
The Child Marriage Restraint Act 1929 has made under-age marriages a penal offence. Under the Act the minimum age of marriage for a male is 18 years whereas the minimum age of marriage for a female is 16 years. Despite the fact that under-age marriages are liable to punishment, such unions are not rendered invalid.

CONSENT OF WALI
According to the Hanafi School, an adult woman may contract her marriage without the consent of a wali.

REGISTRATION OF MARRIAGES
The Muslim Family Laws Ordinance (THE MUSLIM FAMILY LAWS ORDINANCE (MFLO)) 1961 introduced reforms regarding registration of marriages, and in default of such registration, penalties of fine and imprisonment have been prescribed. Nevertheless, Muslim marriages are still legal and valid if they are performed according to the requisites of Islam.

POLYGAMOUS MARRIAGES
The Muslim Family Laws Ordinance 1961 has also introduced some reforms in the law relating to polygamy. Now, a husband must submit an application and pay a prescribed fee to the local union council in order to obtain permission for contracting a polygamous marriage. Thereafter, the chairman of the union council forms an arbitration council with representatives of both husband and wife/wives in order to determine the necessity of the proposed marriage.

The application must state whether the husband has obtained consent of the existing wife or wives. Contracting a polygamous marriage without prior consent is subject to penalties of fine and or imprisonment and the husband becomes bound to make immediate payment of dowry to the existing wife or wives. Nonetheless, if the husband has not obtained consent of the existing wife or wives the subsequent marriage remains valid.

DIVORCE / DIVORCE (TALAQ) BY THE HUSBAND
Under The Muslim Family Laws Ordinance (MFLO) limited reforms have also been introduced in relation to Divorce (Talaq). Under The Muslim Family Laws Ordinance (MFLO) a divorcing husband shall, as soon as possible after Divorce Divorce (Talaq) has been pronounced, in whatever form, give a notice in writing to the chairman of the Union Council.

The chairman must then supply a copy of the notice of Divorce (Talaq) to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of Divorce (Talaq), the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation between the husband and the wife. If and when such attempts to negotiate a reconciliation fail, a Divorce (Talaq) that is not revoked in the meantime, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If, however, the wife is pregnant at the time of the pronouncement of Divorce (Talaq), the Divorce (Talaq) does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later.

FAILURE TO GIVE NOTICE OF DIVORCE (TALAQ)
Failure to notify, in the above stated manner, invalidated Divorce (Talaq) until the late 1970s and early 1980s, but introduction of the Zina Ordinance allowed scope for abuse as repudiated wives were left open to charges of zina if their husbands had not followed the The Muslim Family Laws Ordinance (MFLO)’s notification procedure. Since early 1980s, the practice of the Courts in Pakistan is that they validate a Divorce (Talaq) despite a failure to notify as provided under the The Muslim Family Laws Ordinance (MFLO).

JUDICIAL DIVORCE / KHULA
According to Dissolution of Muslim Marriages Act 1939, judicial khula may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.

GROUNDS FOR JUDICIAL DIVORCE
• Grounds on which a woman may seek khula include:
• Desertion by husband for four years,
• Failure to maintain for two years
• Husband contracting a polygamous marriage in contravention of established legal procedures,
• Husband’s imprisonment for seven years,
• Husband’s failure to perform marital obligations for three years,
• Husband’s continued impotence from the time of the marriage,
• Husband’s insanity for two years or his serious illness,
• Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
• Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
• Any other ground recognized as valid for the dissolution of marriage under Muslim law.

DECISION TIME
If you have utilized all the possible solutions to save your marriage and think divorce is the only alternative, than let our divorce Attorneys/Lawyers know and PAK & UAE Lawful Attorneys (Since—1992) will try to ensure a smooth and less painful transition.

INAMULLAH ANSARI (M.Sc, M.A, LL.B, ISO—9000)
(Advocate, Corporate Counsellor, Legal Coordinator &
Lawful Interventionist @ M/s Manzoor Ali Khan & Co.,
Advocates & Legal Consultants; Pakistan & UAE Since—1992)
[email protected]
Homepage: pakanduaelawyers.newsvine.com
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Logistics and Supply Chain Management:

In the early 1990′s, software developers who integrated internal processes for manufacturing and accounting in “Enterprise Resource Planning” programs. A few years later, “supply chain management” software tools were developed to integrate the enterprise with its suppliers and customers under one information technology infrastructure. What had been based on rigid “electronic data interchange” communications became linked by Internet browsers. But supply chain management has evolved from the sophisticated software program to a “just-in-time” delivery service. SCM provides now assure the timely delivery of raw materials and spare parts, repairs and service to an enterprise’s production facilities (manufacturing, packaging and distribution).
 Supply Chain Management cuts out inefficiencies and cost through:
 A common, collaborative business framework with commercial partners.
 Rapid exchange of information.
 Assured delivery schedules.
 Faster entry into new markets and faster delivery to customers.
 Reduced inventories.
 Availability of analytical and management tools.

SCM may, for example, enable manufacturers to anticipate demand for specific products from specific customers and to reinforce that demand by making special inducements for volume purchases. This expedites collaboration in the cycle from demand forecasting to matching of demand to supply, allocating supply to customers, committing supply and promising deliveries to final delivery and replacement of the raw materials for restocking in the customer’s demand cycle.

• Corporate Strategy
• Freight Negotiations
• Freight Management
• Logistics Optimization
• Supply Chain Management
• Sales & Operations Planning
• Transportation Management
• Supply Chain Training & Strategy
• Freight Cost Reduction Management
• Freight Rate and Cost Benchmarking
• Transportation Logistics Savings Analysis

REAL ESTATE / PROPERTY LAWS IN PAKISTAN

Property law is the area of law that governs the various form of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

LAW AND LEGISLATION REGULATING PROPERTY/REAL ESTATE IN PAKISTAN
Real Estate/Property Law is regulated under various statutes in Pakistan. Laws for individual businesses and taxation of different lands may vary, for example, Capital gain Tax is levied under Income Tax Ordinance, 2001, Capital Value Tax is levied under CVT ordinance, and so forth. However specific law for property/real estate acquisition and sale include the following:
• The Transfer of Property Act, 1882
• Land Revenue Act, 1967
• Stamp Act 1899
• Registration Act 1908

Establishment of Real Estate Investment Trust in Pakistan
The concept of Real Estate Investment Trust has recently been introduced in Pakistan as an incentive for real estate investment in Pakistan. Any income of such trust is exempted from tax, subject to the condition that not less than 90 percent of its profit of the year is distributed amongst the unit holders.

TAXATION OF GAINS FROM REAL ESTATE IN PAKISTAN
The Constitution excludes legislation on taxation of capital gains from the purview of the federal government. The income tax law has also been harmonized with these constitutional provisions by excluding the immovable property from the definition of capital asset, whose gain is liable to tax.
Despite this, profits on some transactions concerning immovable property is taxable under the income tax law e.g. disposal of property acquired as a stock in trade or with commercial intent to make profit. However, gains realized on disposal of immovable property transferred as a consequence of family inheritance, gifts or without commercial motives, or the property held as a business capital asset are exempt.

TAXATION BY THE LOCAL AUTHORITIES/PROVINCIAL GOVERNMENTS IN PAKISTAN
In Pakistan Property Tax/Real estate tax is also imposed by the provincial governments as this was the practice pre-partition.

CAPITAL VALUE TAX ON REAL ESTATE RELATED TRANSACTIONS IN PAKISTAN
A Capital value tax at the rate of 2 percent of recorded value has been levied vide Finance Act, 2006, which was subsequently increased vide finance act, 2009 to 4%. This is applicable in urban areas for residential property exceeding an area of one kanal and in case of commercial properties without any threshold of land area or size of the property. All transfers falling under the scope of purchase, gift, exchange, surrender, power of attorney and relinquishing the rights have been subjected to the capital value tax.

However, transactions between spouses, parents, grandparents, brothers and sisters through gift and inheritance have been excluded from its purview.

Real Estate/Property Law and Taxation implications for the Landlord in Pakistan
Landlord must ensure that lease of an immovable property is executed in writing under the specified ordinance. Lease of immovable property for a period of less than a year does not require compulsory registration. However, lease of immovable property for a period of more than a year must be registered. Land lord should ensure proper tax deductions are done by the lessee and in case the same is not done he (individual /or company) may be required to deposit the tax with the treasury in due time.

If the tenant refuses to pay rent, or for any other reason as stated in the lease agreement and allowed under the law, the landlord may terminate the lease. If the tenant refuses to vacate the premises the landlord may file an ejectment petition before the relevant rent controller.

Real Estate/Property Law and Taxation implications for the Tenant in Pakistan
Tenant must ensure that he makes payment of the rent either through a crossed cheque, or where payment is made through some other mode, then a receipt must be obtained from the landlord. In case the landlord unlawfully or unjustifiably attempts to evict the tenant, the tenant may file a petition before rent controller in addition to availing other legal remedies as advised by his counsel.

If Lessee is a prescribed person under tax law he should ensure proper tax deductions on payment of rent.

ACQUISITION OR PURCHASE OF REAL ESTATE / PROPERTY IN PAKISTAN
Purchasing a real estate in Pakistan can be a tricky process due to lack of a standardised system in Pakistan, therefore, a complete and thorough search in respect of title of the seller to the real estate must be carried out. A general practice is to investigate title of the current vendor and any previous owner(s) for the last 20 years. Original title document in favour of the vendor must be obtained along with other relevant documents including mutation in favour of the vendor, a fresh copy of fard, ask shajra and NOC/NEC as the case may be.

If the transferee is selling the property in the capacity of an attorney of the owner then it must be ensured that the power of attorney is affixed with appropriate stamp duty and it has been duly registered with the relevant sub-registrar. If possible, contact should be made with the owner(s) of the property and authenticity of the power of attorney must be confirmed. A holder of a forged and fabricated power of attorney may not be able to transfer a valid title in an immovable property to a third party.

• Can Overseas Pakistanis and/or Foreigners invest in Pakistan Real Estate Industry
Non-resident Pakistanis, overseas Pakistanis and foreigners may also purchase immovable property in Pakistan. Their presence in Pakistan at the time of execution of the title document is not necessary.

SALE OF REAL ESTATE / PROPERTY IN PAKISTAN
Sale of real estate in Pakistan normally takes place through a title document known as a Sale Deed, except in certain cases e.g. purchase of real estate in Defence Housing Authority (DHA) or in a housing society where sale deed is not executed for transfer of title in real estate and an allotment letter/transfer letter from the authority or the society, as the case may be, is deemed to be the title document. Some people, before execution of the sale deed, may opt to execute an agreement to sell. However, such agreement to sell does not transfer title to a property in favour of the vendee. It, nevertheless, does create a right in favour of the vendee, in case the vendor refuses to honour the terms and conditions of the agreement, to seek specific enforcement of the agreement to sell. Title in an immovable property is only deemed to transfer once such Sale Deed or title document has been executed. A sale deed must be affixed with requisite stamp duty and it must be registered with the relevant sub-registrar. After registration of the Sale Deed with the sub-registrar it must be ensured that a mutation of such sale is entered in the register of mutations kept and maintained by the patwari.

WHAT CAN PAK & UAE LAWFUL ATTORNEYS OFFER YOU IN THIS BEHALF?
PAK & UAE Lawful Attorneys is involved in providing services and assistance to our valued clients in buying and selling of both movable and immovable properties & real estate in Pakistan. We also provide our services to facilitate the required permissions, etc. for setting up various industries, factories, commercial complexes, industrial and residential estates, etc. across Pakistan. We also provide specialist advice on Capital Value Tax, Excise Duties and Registration Fees. T o be specific our expert lawyers/Attorneys offer the following:
• Obtain a fresh copy of Fard (???) from relevant sub-registrar
• Obtain a certified copy of Aks-Shajra (map)
• Obtain a certified copy of Tatima/Supplementary Map of the property
• Investigate & verify title documents of the property
• Investigate & verify mutation in favor of the vendor
• Demarcation details
• Drafting of the documents
• Registration of conveyance deed
• Transfer of title
• Entries in relevant government record
• Obtain a NOC, if necessary
• Verification of the Power of Attorney of the vendor, if any
• Verification of other documents e.g lease deeds, mortgage deeds, gift deeds etc., if any

Do CONTACT US now for a complete advisory package on procedure for sale/purchase of real estate in Pakistan, Gift of real estate in Pakistan, lease of real estate in Pakistan, mortgage of real estate in Pakistan and taxation of gains from real estate in Pakistan, taxation of real estate in Pakistan and set up of real estate investment trusts in Pakistan.

INAMULLAH ANSARI (M.Sc, M.A, LL.B, ISO—9000)
(Advocate, Corporate Counsellor, Legal Coordinator &
Lawful Interventionist @ M/s Manzoor Ali Khan & Co.,
Advocates & Legal Consultants; Pakistan & UAE Since—1992)
[email protected]
Homepage: pakanduaelawyers.newsvine.com
+92(0)3332244634 / 3002176393. (KARACHI / LAHORE / ISLAMABAD & UAE)
http://pk.linkedin.com/pub/pak-uae-lawyers-corporate-counsel...

BANKING LAWS IN THE U.A.E
The rapid commercial development of the economy of the United Arab Emirates over the past few decades has brought spectacular economic progress. Naturally, however, where there has been economic success, there has also been economic failure. Economic failure is most readily dealt with in the legal sense by the enactment of laws and regulations governing the bankruptcy and insolvency of individuals and companies.
1) Governing law and regulations

The rules and procedures governing bankruptcy are set out in Book Five of the Commercial Transaction Law, Federal Law No. 18 of 1993 (the “Law”). The Law covers the rules and procedures in relation to the bankruptcy of individuals as well as the insolvency of commercial entities. It should be noted that although the Commercial Companies Law, Federal Law No. 8 of 1984 (the “Companies Law”), regulates commercial entities in the UAE, the provisions regulating the bankruptcy of companies and other businesses are provided for under the Law, which does not differentiate between individual and corporate bankruptcy.

2) Definition of bankruptcy
The Law does not have a specific definition of “bankruptcy”, but merely highlights the situations in which a trader will be regarded as bankrupt. The meaning may be inferred from Article 645 of the Law which provides that, “a trader who ceases to pay his debts can apply to the court for his adjudication as bankrupt”.

3) The distinction between bankruptcy and civil insolvency
3.1 Distinction
In order to distinguish between bankruptcy and civil insolvency, it is important to understand that bankruptcy applies only to “traders” (being those covered by the Law) and not to civil debtors. Pursuant to Article 4 of the Law a “trader” is defined as being “an individual or company that carries out commercial activities”.

It is important to understand the Civil Law distinction between commercial and civil activities. Professional consultancy-type activities practiced by individuals (such as doctors, lawyers, consulting engineers, etc.) are not considered commercial activities. Rather, these activities will be considered “civil” if they are carried out by an individual. However, should a business adopt a commercial form as set out under the Companies Law, then that business will be regarded as a commercial trader, even if its activities are essentially civil in nature. Accordingly, a trader who ceases to pay his debts may be declared bankrupt according to the Law. A civil debtor who ceases to pay his debts (or where his debts exceed his assets) is only subject to certain administrative restrictions.

These restrictions are called “Hajr” in Arabic (a “Restriction”), a concept from Islamic jurisprudence which is set out in the Civil Code of the United Arab Emirates, Federal Law 5 of 1985 ( the “Civil Code”). The Restriction is usually placed over the civil debtor’s property and assets by a court of competent jurisdiction upon a petition either by the debtor himself or one of his creditors. A court may then pass an injunctive order which will prevent the debtor from dealing with his property.

The Banking & Finance in a wide range of areas:
Banking regulation and supervision
Islamic finance
Banking litigation and enforcement
Debt and equity capital markets
Derivatives
Investment funds and structures
Ship, aircraft and asset financing
Real estate financing
Trade and export financing
Project finance
Securitisation
Incorporation and licensing of financial institutions

U.A.E COMMERCIAL COMPANIES LAW
U.A.E Commercial companies Law, Law No. (8) of 1984 as amended by Law no (13) of 1988 and Law No. (15) of 1988 (the “CCL”) is a Federal Statute applicable to all the Federal seven emirates that constitute the UAE.

The Commercial companies Law was enacted in 1984 and was originally intended to come into operation a year later by which time existing entities in the UAE were to reconstitute themselves so as to conform to the Commercial companies Law.

The Primary objectives of the Commercial companies Law are to provide for an exhaustive uniform commercial companies law applicable throughout the UAE to regulate the formation and functioning of companies and to lay down the different types of corporate entities that are permitted to be register as companies in the UAE.

Under the new Federal Law No 13 of 1998 amending the Commercial companies Law, certain other companies are exempted from the provisions of the Commercial companies Law.
These exceptions are:
Companies established in any of the UAE’s free zones if the free zone concerned has special provision regulating these companies, otherwise the Commercial companies Law prevails

Companies whose activities are in the oil and gas industry, the production of electricity and gas, the treatment of water and transmission, distribution and other related activities:

Any company excluded from the provisions of the Commercial companies Law by resolution of the Cabinet of Ministers.

The provisions of the Commercial companies Law shall apply to companies in categories b) and c) of the above, to the extent that the Memorandum and Articles of Association of such companies do not exclude the provisions of the Commercial companies Law.

INHERITANCE LAW IN THE U.A.E
Under the UAE Civil Code, Federal Law No.2 of 1987 (“Code”), Article 17(1) provides: ‘Inheritance shall be governed by the law of the deceased at the time of his death.’ Therefore, the law of domicile shall apply.

Inheritance is the transfer of legal ownership of a deceased’s assets to his heirs; the legal basis for the law of inheritance in the United Arab Emirates is found in Shariá. Shariá is the primary source of Islamic law and is based mainly on the Quran and the Sunna (sayings of the Prophet Mohammed PBUH), which serves as a complementary source to the Quran. Shariá is however not a codified law; it is an abstract form of law capable of adaptations, development and further interpretation. A source of significant controversy both inside and outside the Muslim community is the Islamic law of inheritance; the “law” is in fact a continuing process of the interpretation of Qurantic rules and principles to form the complex “laws” of inheritance under Islam.

PROPERTY LAW IN U.A.E
Law No. (7) of 2006 concerning Real Property Registration in the Emirate of Dubai (the “Title Registration Law”) was signed by His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai, on 13 March 2006 and came into force on 1 April 2006.

According to the Title Registration Law, the Dubai Land Department is the only authority recognized as being able to register real property rights for property in Dubai. Real property rights capable of registration include rights of freehold ownership, rights of usufruct, long leases of up to 99 years, rights of musataha and also collateral rights such as easements, restrictions and mortgages over real property.

TAXATION LAW IN U.A.E
United Arab Emirates tax laws are intended to levy taxes, most of the regulations are not enforced in practice. Fiscal practice may differ from the legislation, as is very much the case with corporate tax in the UAE.

There is no federal tax legislation in the UAE, instead each Emirate has its own tax law. The following taxes are not applicable in the UAE.
Personal income tax
Capital gain tax
Value-added tax
Withholding tax
Corporate tax

There are currently legislations in force in the Emirates of Abu Dhabi, Dubai and Sharjah establishing a general corporate taxation regime - the Abu Dhabi income tax decree of 1965 (and its amendments), Sharjah Income Tax Decree of 1968 (and amendments) and Dubai income tax decree of 1969 (and amendments). In practice however, only oil, gas and petrochemical companies and branch offices of foreign banks are required to pay taxes.

U.A.E SHIPPING LAW CARGO CLAIMS
The UAE Federal Law No. 26 of 1981 as amended in 1988 (known as the UAE “Maritime Code”) governs and regulates all shipping practices in the UAE. The law has a number of sections, and deals with many issues of UAE maritime law, including:
Registration of the vessel
The vessel’s documents
Ownership of the vessel
The right to lien on the vessel’s cargo
Mortgage of vessels
Arrest of vessels
Identity of the carrier
The Master of the vessel
Crew
Chartering of vessels