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The historic decision by a UAE court shows, how consumer protection laws are successfully, protecting
people from big financial institutions, and setting important precedents, for banking practices
across the region.
The courts dismissed a Dh1.3 million bank claim because there were no valid guaranties, and
confirmed that salary transfers alone do not constitute legally binding security under Article
121 (bis).
Financial institutions are obliged to get sufficient guaranties, proportionate to the
client's income, and the size of the facility, or courts may reject the debtor's
claims to recover the debt in full.
The new law, Federal Decree Law No. 31 of 2021, bans aggressive debt collection methods.
Offenders could face imprisonment, and fines of up to AED 10,000.
This means banks have to respond to complaints, within two business days, and give a final
response within 30 days, making them more accountable, and easier for customers to seek redress.
The Sanadak platform provides alternative dispute resolution of banking disputes, quicker
resolution than traditional litigation and stronger enforcement of consumer rights.
The ruling is a major shift in the UAE’s financial landscape, forcing banks to have the right legal
paperwork in place, so consumers are treated fairly and protected from institutional overreach.
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Introduction
The strength of consumer protection law was recently demonstrated when the UAE courts dismissed a
claim of Dh1.3 million by a financial institution against an individual customer. This landmark
ruling is a case demonstrates how consumer rights protection law is a vital protection for
individuals facing legal action from powerful corporate entities. The decision reflects the UAE’s
commitment to balancing commercial interests with fair treatment of consumers. Furthermore, this
case also reflects the practical implementation of Dubai consumer
protection law in high stakes financial disputes. For consumers and businesses in the
region, it is important to know how the courts will interpret and enforce the new consumer
protection law UAE. This decision establishes a precedent for future cases of consumer rights.
The legal battle started with a Murabaha transaction, where a finance company was seeking to recover
more than Dh1.3 million in unpaid dues, from a customer. On 14 April, the Abu Dhabi Court of
Cassation, through the Second Commercial Circuit, ruled against the bank’s claim due to the lack of
valid guaranties. This ruling reinforced the law on consumer rights protection, requiring debt
recovery lawsuits, to include adequate, legally binding guaranties in line with the Article 121
(bis) of Federal Decree-Law No. 23 of 2022 amending Federal Law No. 14 of 2018 on the Central Bank
and financial institutions.
The case proceeded through three levels of judiciary. The Court of First Instance rejected the bank’s
claim but the Court of Appeal reversed this decision and ruled in favor of the financial
institution. However, the customer’s lawyers appealed the Court of Appeal’s ruling to the Court of
Cassation and the ruling was overturned, upholding the original dismissal.
The verdict was significant in terms of consumer protection law, said Dr. Hasan Elhais, legal
consultant to the defendant. He said salary transfers, often used informally by banks as a form of
security, are not valid guaranties in their own right. The new consumer protection law UAE requires
that supporting legal instruments be sent along with the salary transfer to comply with the
requirements under Article 121 (bis).
How UAE Courts Applied Consumer Rights Protection Law
The judicial approach relied on the requirements of Article 121 (bis), establishing that claims are
inadmissible, only when guaranties are missing or insufficient. Courts have made a distinction
between guaranty failures and other breaches of regulation and have found that claims are not
rendered invalid by exceeding the lending limits. Such violations are a matter of internal risk
management, not contractual repayment obligations.
In this case, the court-appointed experts examined the murabaha agreement, account statements,
payment history and outstanding balances as part of the evaluation process. The trial courts had
full discretion to rely on these expert reports without responding to each and every objection. The
Consumer Protection Department is responsible for consumer education, policy development and
compliance monitoring to protect consumers against financial misconduct.
Courts’ affirmation of guaranties is not a matter of formula and adequacy is a matter for judicial
consideration and not regulatory prescription. Salary assignment and security cheques may, in some
circumstances, be sufficient guaranties. The evaluation is within the court’s discretion based on
the facts and evidence of the specific case.
The enforcement of consumer rights protection law must be founded on legally binding instruments, not
on informal arrangements. Courts took a practical approach, holding that the act of filing suits may
constitute sufficient notice, under Article 272 of the UAE Civil Transactions Law. This is
consistent with the principle, that notice is to put debtors in default. This is done by judicial
proceedings.
What This Verdict Means for Consumer Protection Law UAE
The legal framework for banking, insurance and payment services is enhanced by Federal Decree-Law No.
6 of 2025, which brings these under the supervision of the Central Bank. Article 150 contains
important protections for
consumers of credit facilities with natural persons and sole proprietorships. It requires
that licensed financial institutions should obtain appropriate guaranties that are proportionate to
the client’s income and the size of the facility. In the absence of these guaranties, courts or
arbitral tribunals are entitled to refuse institutional claims.
In 2023, the Consumer Protection Regulation (Circular No. 8 of 2020) and the supporting Standards
became fully enforceable, and binding on all licensed financial institutions. The banks must clearly
disclose the terms, and assess repayment ability, before issuing any loans. Complaint systems must
be structured, within the specified timelines. Financial institutions must acknowledge complaints,
within 2 business days and provide final responses within 30 business days.
Generally, it is unacceptable to use force to collect debts. Federal Decree Law No. 31 of 2021
imposes imprisonment, and fines of up to AED 10,000, for threatening someone to pay him. The Central
Bank has the authority to impose administrative sanctions, publicly reprimand and withdraw licenses
for violations.
Sanadak is an alternative dispute resolution platform for banking & insurance disputes that
resolves disputes faster than litigation. The unified mechanism improves the implementation of the
consumer rights protection law across the financial sector.
Conclusion
The landmark ruling has shifted the balance of power between the financial
institutions, and consumers, in the UAE. The courts have made it clear that informal
arrangements, such as salary transfers, cannot replace legally binding guaranties under Article 121
(bis). The ruling creates a powerful precedent that consumer rights protection law can serve as a
strong defense against institutional overreach. There is no question that this decision further
reinforces the UAE’s commitment to fair financial practices and the banks’ accountability to
regulatory safeguards.
Federal Decree Law No. 5 of 2023 amending the Federal Law
No. 15 of 2020 on Consumer Protection, aims to protect all consumer rights,
including the right to standard quality goods, and services, and the right to
obtain them at the declared price. Moreover, Federal Decree-Law No. 6 of 2025
strengthens the protections of financial services consumers in particular.
Yes, banks can claim against customers for unpaid debts.
However, financial institutions must have guaranties, that are valid and legally
binding, to pursue such claims pursuant to the Article 121 (bis) of Federal
Decree-Law No. 23 of 2022. The courts will not hear claims unless the safeguards
are adequate or in place.
Under UAE law, salary transfers alone are not considered
valid guaranties. While they may be used as informal security by the banks, they
need to be supported by other instruments having legal binding to be able to
satisfy the requirements of Article 121 (bis) and to be considered as adequate
guaranties by the courts.
Yes, it is usually effective to negotiate early. Banks
usually have more flexibility at the beginning, before things get out of hand.
Banks will generally agree, to reschedule the plans, new payment schedules, or
temporary repayment relief, to help the customers meet their financial
obligations.
UAE law does not permit coercive methods of debt collection.
Threatening a person to make him pay a specific amount is a criminal offense
punishable by imprisonment, and fines of up to AED 10,000 as per Federal Decree
Law No. 31 of 2021. The Central Bank may also take administrative measures
against financial institutions for breaches of the consumer protection rules.