UAE (Abu Dhabi) International Trade in Legal Services

Is there legislation governing the legal sector

Federal Law no. 23 on the Regulation of the Legal Profession (16 December 1991)

Under what title do lawyers practise?

Lawyers in the UAE practise under a single title: 'advocate'

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

According to article 4 of the Federal Law on the Regulation of the Legal Profession, no one is entitled to practise the legal profession in the State unless they are registered on the role of Practising Advocates maintained by the Ministry of Justice. In order to be registered, a lawyer must fulfil the following conditions:  1. Be a national of the UAE; 2. Be at least twenty one years old; 3. Hold full civil capacity, with good character and reputation, and not have been subject to any criminal or disciplinary sentence arising from a breach of honour or trust; 4. Hold a license in Law or Islamic Law from an accredited university or higher institute in the State or an equivalent qualification; 5. Have undertaken the required training period.  Registration is required annually. 

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

UAE advocates are entitled to practise throughout the country. Abu Dhabi requires an advocate from another emirate to use a resident advocate in Abu Dhabi as their correspondent counsel.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Only admitted advocates may plead before the Federal Supreme Court and conduct litigation. The UAE Courts and government departments only recognise the power of attorney of those who are entered into the role of practising advocates. 

Do you need to hold local nationality to be eligible to practise law?

Practising law in the courts is reserved by Federal Law no.23 to UAE nationals.

Lawyers in Abu Dhabi may practise as sole practitioners. Unlike Dubai they may not use the civil company structure which is predominantly used by the professions.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Federal Law contains some basic ethical provisions that a lawyer must comply with, such as client relations, a prohibition on conditional and contingency fees, conflicts and confidentiality.

Do law firms need to receive a "license" (or permission/approval) to practice law?

Lawyers in Abu Dhabi must apply for a licence to establish an office through the Executive Affairs Authority.

Which authority issues licences? Are there different authorities for individuals and firms? 

Advocates who wish to obtain a licence to practise in the courts or to establish a law office must apply to the Executive Affairs Authority of Abu Dhabi which will check on the lawyer's registration with the Ministry of Justice. 

Is the jurisdiction a member of the WTO?

The UAE joined the WTO on 10 April 1996

Has it made any commitments under GATS in legal services?

The UAE has not scheduled any commitments on legal services under the GATS.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

The UAE is party to the Gulf Cooperation Council and the Pan Arab Free Trade Area.

The UAE has not included legal services in any of its bilateral trade agreements

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No apart from the exemption on visa requirements for GCC lawyers.

There are around 30 firms with a presence in Abu Dhabi. Most of these are UK or US in origin but one Singaporean firm also has an office.

A physical office is required for the practice of law in Abu Dhabi.

Business visas to the UAE are available for 30 day visits but are not required for some nationalities (e.g. USA, UK, Australian)

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

A foreign lawyer may establish as sole proprietor but Abu Dhabi generally only encourages larger international firms to apply for licences. There is no separate individual licensing requirement for foreign nationals who are working in law firms aside from the firm licensing process, although as part of the firm licensing process the individual who heads the office must be approved.

A foreign legal consultant must be resident in Abu Dhabi.

There are detailed licence conditions which include prior practice.

There are no restrictions on the participation of foreign lawyers in arbitration and mediation proceedings.

Are foreign lawyers allowed to appear in court under any circumstances?

Lawyers from other Arab countries may take part in pleading particular cases before the UAE courts if they are employed in the office of an Emirati lawyer with an office in Abu Dhabi and provided reciprocal conditions apply in the lawyer's home jurisdiction.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

Foreign law firms may open offices in Abu Dhabi and may only carry out legal activity in the Emirate if they have a physical presence there.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Foreign law firms may either take the form of a sole proprietorship or a branch office of the law firm's home jurisdiction.

There is no formal quota but licences are allocated by the Executive Authority on the basis of an assessment of need and value added contributed by the foreign law firm.

Each Emirate has its own licensing procedures. Most foreign law firms are located in Dubai or Abu Dhabi and a few are present in Sharjah.

Foreign firms may own 100% of law firms established as branches of a parent law firm in their home jurisdiction. 

Registered lawyers can only be employed or work from the offices of lawyers who are registered as advocates on the roll maintained by the Ministry of Justice.

UAE lawyers may be partners in law firms with foreign lawyers however the commercial forms of general and limited liability partnership are restricted to UAE nationals only. 

UAE lawyers are allowed to employ foreign lawyers. If these lawyers are Arab nationals they may can also plead in court in certain circumstances.

Other useful sources or comments or links

For a full description of the licensing process: www.business.abudhabi.ae, For UAE legislation: www.gulf-law.com