How to file a civil lawsuit in the UAE?
If you’re living in the UAE, it’s essential to understand the different aspects of a civil lawsuit in the country. Civil laws in the UAE deal with various issues including family disputes, breach of contracts and other non-criminal violations by multiple parties. In the UAE, the Federal Law No. 11 of 1992 was amended and updated to Law No. 10 of 2014. The new law dictates the jurisdictions, regulations, procedures and methods concerned with Civil Procedural Law. Let’s find out more about the court system, laws and process of filing a civil case in the UAE.
UNDERSTANDING THE UAE COURT SYSTEM
The court system in the UAE operates at the local and federal levels. There are three types or degrees of court systems prevalent in the UAE.
- Court of First Instance operates at both a local and federal level
- Court of Appeal caters to both federal and local cases
- The Federal Supreme Court operates on a federal level and the Court of Cassation operates at the local level of the emirate with independent judicial departments.
Now that we have listed down the court systems, let’s move on to the process of filing a civil lawsuit in the UAE.
PROCEDURE FOR FILING A CIVIL LAWSUIT IN THE UAE
CONSULT A LAWYER
The first step towards filing a civil law case is to seek legal advice and consult with an experienced lawyer. Remember that the one who files the case will be the plaintiff and the other party who has caused harm or been involved in a violation of contract will be the defendant. The plaintiff needs to share all the details of the case truthfully with the lawyer.
ESTABLISH THE COURT’S JURISDICTION
After seeking legal assistance, the next step is to determine the right jurisdiction for your civil case. For instance, if the defendant is staying in Ajman, the plaintiff cannot file a civil suit in Dubai or any other emirate. The correct jurisdiction in such a scenario would be through the Ajman courts where the defendant resides.
Jurisdiction is determined by the defendant’s domicile. In case the domicile document is not available, the judicial district will be where the defendant works. For commercial civil cases in the UAE, the jurisdiction to file the case will be any of these:
- Where the defendant resides
- Where the verbal/written agreement was made, or where a contract or an agreement was executed partially or wholly
- Where the contract should have been executed
THE MEDIATION PROCESS
Before you take the step of filing a civil lawsuit in the UAE, the court provides mediation through different committees. As the legal process can cost both time and money, a lawyer will suggest a settlement or a mediation in order to reach a decision swiftly. In some cases, mediation costs can be minimal. Some of the mediation committees in the UAE courts include:
- Commercial disputes resolution committees
- Family guidance committees
- Settlement and reconciliation committees
- Rental dispute resolution committees
- Labour dispute resolution committees
If the two parties cannot reach a decision through such mediations, the litigating party can apply for a “No Objection” letter from the relevant mediation committee and submit a statement of claim to the court. Once the statement of claim is submitted, a judge will preside over the case in the Court of First Instance.
FILING A LAWSUIT IN THE UAE
To successfully file a civil case in the UAE, the plaintiff or their legal representative will submit a “statement of claim” with supporting documents to the Case Management Office in the court or by submitting electronic records. The defendant will receive a copy of the plaintiff’s claim so that they too can prepare for the legal proceedings. The statement of claim will include:
- The plaintiff’s and the defendant’s personal details and addresses
- The subject-matter of the lawsuit
- The requests and grounds
- The date of submission of the lawsuit to the Case Management Office
- The court before which the lawsuit is filed
- The signature of the plaintiff or his representative
A copy of a binding contract is required if the case concerns revocation, validation of contract or nullification.
If the case is related to commercial issues the trade licence, email address, makaani number and details of any pending cases against the company must be registered.
If any of the judgements are based on issues abroad, the UAE’s Ministry of Foreign Affairs and International Cooperation should attest the original judgement.
All documents must be presented in Arabic. Legal translators provided by the UAE’s Ministry of Justice must translate the documents to English or any other language into Arabic.
PAY THE FEES AND OTHER CHARGES
Once all the paperwork is ready, the plaintiff should sign the lawsuit if it is to be submitted by the attorney. After all the documents are submitted, you will need to pay the court fees based on the type and nature of the case.
GET A CASE NUMBER AND HEARING DATE
The crucial step in filing a civil lawsuit in the UAE is getting a case number and hearing date.
The clerk will issue a notification on the defendant through the bailiff within 10 days from the date on which the statement of claim was filed.
The lawyers must ensure that the court has the jurisdiction to hear the case according to the provisions of the UAE Civil Procedures Law section 3.
ESTIMATING A CASE VALUE
The case is determined on the day of the trial. The valuation is based on the last request made by the parties involved in the lawsuit. The case valuation will include revenues, expenditures and indemnities on the day of the trial. You can rely on the official court calculator to determine the various costs online.
RESPONDING TO CIVIL ACTION
When the case is filed, the defendant will have to respond to the case by submitting a defence memorandum or a plea to the Case Management Office. The copies of the plea must bear the signatures of the defendant and they have to be submitted three days prior to the date of hearing. In some cases, the time limit for urgent action is 24 hours.
APPEARING BEFORE COURT
When the day of the hearing arrives, all involved parties along with their lawyers must appear before the court. The hearing will be conducted in the first session. If the plaintiff or the defendant has not submitted any document before they can do so now. The court might accept the documents if it does not cause delay or an adjournment of the proceedings.
If the document submission does cause a delay or ultimately results in adjournment, the court may impose a fine on its own notion or based on the request of the parties involved.
If any of the litigating parties do not attend the hearing, the court will decide if the absence was valid or not. The case will be cancelled if no parties attend the case or attend the hearing after 60 days of the scheduled date.
If the defendant is unable to attend the case hearing without a valid reason, the court may decide on the lawsuit in the absence of the defendant. However, in non-summary proceedings the court may adjourn the case for the next session. The court will not delay a lawsuit more than once for the same reason without a valid explanation. If the reasons are valid the adjournment period shall not be more than two weeks.
In any case, if the court does not have the jurisdiction to preside over a case, it will be referred to the competent court. The court clerk will have to notify both parties about the court’s decision to change jurisdiction.
ENDING A CIVIL ACTION
When the two parties involved mutually decide to end the case, then the civil case in the UAE will be ended after the court’s approval.
The cessation of the case could be at least six months from the date of the court’s approval according to Article 101 of Civil Procedural Law. It is important to note that no party is allowed to expedite the case during this time period unless proper consent of the other party is acquired.
PRONOUNCING A JUDGEMENT
Pronouncing the judgement is the main step in the civil case procedure in the UAE. After all the legal proceedings and hearings are complete, the court will pronounce a public judgement on the case. The judge or the head of the circuit depending on the situation could announce the judgement. The court, in issuing its verdict, shall automatically decide on the expenses of the lawsuit as well.
The expenses of the lawsuit should be borne by the party against whom the judgement was passed and they shall include the advocacy fee. If several persons were convicted, the court may decide to divide the expenses equally or on a pro-rata basis, in accordance with its estimation.
PETITION FOR JUDGEMENT REVIEW
The litigants may seek a review of the final judgement if:
- There is significant proof that the opponent influenced the judgement
- The decision of the court was based on evidence that is confirmed to be falsified after the judgement was issued
- A false witness testimony was identified after the ruling
APPEALING A JUDGEMENT
The judgements of the Court of First Instance may be contested before the Court of Appeal within 30 days of the date of judgement. However, for urgent cases, the judgement can be appealed within 10 days.
The appeal should be based either on factual or legal grounds. Litigants may also introduce additional evidence to the Court of Appeal or request additional witnesses for the case.
EXECUTION OF JUDGEMENT
The judgement is executed under the supervision of the execution judge at the Court of First Instance, assisted by execution representatives.
With that, we end our extensive guide to filing a civil lawsuit in the UAE. We have listed down all the details and necessary information to help you file a civil case in the UAE.
Each case has its own different aspects. Make sure you have a qualified lawyer in the UAE to help you through the proceedings. You will need a valid Emirates ID for most of the proceedings and paperwork.
Hence it’s important to have your ID renewed on time. You can contest to traffic fines in the UAE by following proper legal procedures.
Apart from filing a civil case in the UAE, residents can also file and track MOHRE complaint online against ill-treatment by an employer. Similarly, you can check out all the details and information about the new insolvency law in the UAE.
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