The United Arab Emirates is a signatory of the Riyadh Arab Convention on Judicial cooperation for Oman, Qatar, Saudi Arabia, Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia, and Morocco. In addition, the UAE has entered into bilateral treaties for judicial cooperation with United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan, etc.
Similarly, India has signed extradition treaties with 43 foreign countries. It has extradition arrangements with countries such as the UAE, Antigua and Barbuda, Croatia, Fiji, Italy, Papua New Guinea, Peru, Singapore, Sri Lanka, Sweden, Tanzania, and many others. The UAE has issued federal law no. 39 of 2006 on the ‘Mutual judicial cooperation in criminal matters' which comprises the ‘Extradition law’ of the UAE. In 2012, the UAE also ratified the extradition treaty facilitating the transfer of prisoners between the Gulf states and India. Pursuant to the extradition treaty signed between the two countries, both countries have agreed to hand over fugitives who have committed an offence to the requesting Country where the offence was committed. The bilateral treaty solidifies that both jurisdictions refuse to foster criminals and to cooperate fully in terms of extradition requests.Specific extradition process in India with extradition treaty:Extradition process refers to an action wherein one sovereign jurisdiction (requested State) delivers a person either acquitted or convicted of an international crime to the law enforcement of another jurisdiction (requesting State) upon their official request. Compliance with an extradition request involves transferring the physical custody of the accused person to the recognized legal authority of the requesting jurisdiction.As stated, above India has signed extradition treaties with almost forty-three nations. The extradition process varies based on the factor as to whether there exists an extradition treaty between India and the Country making the extradition request. Therefore, if an extradition request is made by the UAE authorities to India, it will proceed as per the following steps.An extradition process can be accepted in India once it is received by either by :
The steps and measures taken for extradition when there exists a specific extradition treaty between India and the requesting nations will be as:
Pursuant to the agreement signed in 2011 between the UAE and India for the ‘transfer of sentenced prisoners, both the countries allow for the sentences prisoners to be transported to their home country for their imprisonment term. However, these provisions do not apply when the crime in question pertains to heinous crimes of murder, drug abuse, financial fraud etc.The conditions that must be met in order for a sentenced criminal to be transferred from the UAE to India or Vice versa:
Exceptions to extradition requests: Both India and UAE do not allow extradition requests for their nationals. However, in such instances, the accused can still be tried in one jurisdiction based on the case instituted in the other. With the recent changes imparted in the extend of judicial cooperation between both the countries in 2020, India now accepts direct execution of the final judgment issued by a UAE civil court in relating to civil or financial matters.
What is the full list of fines for money laundering in the UAE? Dr. Hassan Elhais
The UAE Ministry of Economy has announced the list of penalties for violations of the laws relating to money-laundering and terrorism financing.Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).Commercial leasing and breach of contract punishments
In legal terms, a lease agreement can be defined as ‘a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment’. A ‘commercial lease agreement’ constitutes a written lease agreement whereby a landlord agrees to lease his commercial property to another person or entity for a given business purpose and specified time period.