What are the courts’degrees in the UAE?
- The courts‘ degrees in the UAE are: Court of First Instance (federal and local) Court of Appeal (federal and local) Federal Supreme Court (at the federal level) and the Court of Cassation at the local level of the emirates which have independent judicial departments.
How long do court cases take in Dubai?
On average, court cases in Abu Dhabi take anywhere from 4 months to 12 months for the issuance of a final judgment.
How many courts are in Dubai?
The Dubai Courts comprise three levels of courts: Court of First Instance, Court of Appeal, and Court of Cassation. The Court of First Instance is for the first degree of litigation. It heads all lawsuits pertaining to commercial, administrative, civil, personal, labor, punitive, and real estate cases.
Does Dubai have courts?
Dubai’s courts comprise a Court of First Instance, a Court of Appeal and a Court of Cassation. Each of these courts has a civil division, a criminal division and a Shari’a division.
Can you go to jail for civil cases in Dubai?
There is no punishment in a civil case, they will only attach your assets. And in case they could not find any assets, they will issue an arrest warrant against you and they can transfer you to jail with a maximum of 3 years.
How many courts are there in UAE?
Three levels of court To achieve the full extent of justice, the UAE adopts three levels of courts for litigation purposes. This system enables effected party to challenge the case and present more evidence within the provisions of the law.
What is Dubai jail like?
Dubai’s prisons are famed for their filthy conditions and brutal treatment of their inmates – with beatings, starvation and overcrowding all too common. But while you might expect prisoners subjected to such torture to be locked up for murder or rape, Brits have been severely punished for seemingly trivial ‘crimes’.
What are three levels of court?
The hierarchy of courts are as follows – 1) Supreme Court, 2) High Courts, & 3) District Courts (other courts are mostly considered as subsidiaries of these courts).
Is there slavery in Dubai?
In the past two decades, the city of Dubai has experienced exponential growth, made possible by vigorous foreign investment and its robust tourism industry. However, beneath the glossy visage of the city lies a foundation of pervasive human rights violations; primarily slavery.
Can unmarried couples stay together in Dubai?
The United Arab Emirates announced on Saturday a major overhaul of the country’s Islamic personal laws, allowing unmarried couples to cohabitate, loosening alcohol restrictions and criminalising so-called honour killings.
Is there a death penalty in Dubai?
Capital punishment is a legal penalty in the United Arab Emirates. Under Emirati law, multiple crimes carry the death penalty, and executions can be carried out through either a firing squad, hanging, or stoning. Overseas nationals and UAE nationals have both been executed for crimes.
Can you go to jail for cursing in Dubai?
Swearing in public is completely prohibited in the UAE, with the use of the F-word being a crime, as it “disgraces the honor or the modesty” of a person, according to Article 373 of the UAE Penal Code. Swearing is punishable by up to a year in prison and a fine as high as 10,000 dirhams.
What is the punishment for adultery in Dubai?
The punishment for Adultery in UAE is at least one year of imprisonment and up to three years along with deportation. In addition to this the court has a power to exercise its discretion to suspend the jail sentence of the accused or for that matter, to reduce it all together.
How can police case be removed in Dubai?
If you do not have details of the cases, then I would advise that you undertake an inspection of police records to understand the situation and then clear them. You can get in touch with me on 052-9495731 or email for further assistance and clarification.
Can a court case be Cancelled?
When a prosecution may be discontinued 1. The prosecutor has the right to discontinue the prosecution at any time before trial or up to close of the prosecution case. After that time, the prosecution can only be discontinued with the consent of the court.
What is the difference between criminal case and civil case in UAE?
The Difference Between Civil and Criminal in Dubai The parties in a criminal case are the state and the individual charged with a crime. The parties in civil cases are generally people or organizations who have some sort of conflict or in any case require the inclusion of the court to determine an issue.
Dubai Court of Cassation Finds that the Interests of Justice Can Override an Agreement to Arbitrate in Circumstances Where a Dependent Contract Does Not Also Provide for Arbitration
According to a recent decision from the Dubai Court of Cassation, the interests of justice may require that disputes arising out of separate but related contracts (not all of which contain arbitration agreements) be resolved together by a court, thereby rendering a valid and enforceable arbitration agreement non-binding. In Case No. 290/2021, the Dubai Court of Cassation determined that disputes arising out of multiple contracts (only one of which contained an arbitration agreement) relating to the same transaction were so closely related that it was in the interests of justice and the avoidance of inconsistent judgments that the disputes be resolved in a single forum.
The Court found that the Dubai Court of First Instance was, as a result, the most appropriate forum for resolving the whole issue and dismissed the case.
For the purpose of engineering, design, and supervision of the work of a contractor, a developer (Developer) hired a consultant (Consultant) to offer such services (Contractor). The contract between the Developer and the Consultant featured an arbitration clause, however the contract between the Developer and the Contractor did not have an arbitration provision. When the Contractor’s work was not completed, the Developer filed a claim in the Dubai Court of First Instance against the Contractor and the Consultant, jointly and severally, seeking damages for the harm he had suffered as a result of the Consultant certifying the Contractor’s work as completed when it was not completed.
The Developer filed an appeal with the Court of Appeal, which reversed the ruling, dismissed the jurisdictional objection, and sent the matter back to the Court of First Instance for consideration of the case against the Consultant, among other things.
As a result, the Court determined that the issues should be handled in a single forum in the interests of justice and to avoid conflicting rulings in the future.
As a result, it was determined that the Court was the appropriate place.
According to the Consultant, who filed an appeal against the judgment with the Dubai Court of Cassation, the contract between the Consultant and the Developer was distinct from the contract between the Developer and the Contractor, and there was no connection between the obligations of the Consultant and the obligations of the Contractor.
When it comes to disputes arising out of a transaction that was the subject of multiple contracts and they were so closely related that they should not be divided and determined separately, the Court of Cassation agreed with the Court of Appeal that, in the interests of justice and to avoid inconsistent judgments, the disputes should be adjudicated by a single forum.
Instead, the venue having jurisdiction was the court that had first exercised its authority.
Furthermore, because arbitration agreements are dependent on the permission of the parties, they cannot be used to bind third parties who have not given their consent.
It is worth mentioning that the Dubai Court of Cassation’s ruling in this case was based on a specific set of circumstances, according to which the Court determined that demonstrating the fault of one defendant was necessary before determining the culpability of the second defendant could be established. Due to these conditions, the Court determined that the claims should be considered jointly, regardless of whether they arose as a result of different contracts. Due to the fact that the arbitration agreement between the Developer and the Consultant could not be enforced against the Contractor, the Court determined that the forum having jurisdiction was the court with initial competency.
For disputes to be resolved by arbitration, care should be taken to ensure that all dependent contracts contain arbitration agreements that are consistent with one another.
The facts about the DIFC courts
Receive free United Arab Emirates news and information. The latest news from the United Arab Emirates will be delivered to your inbox every morning with our AmyFT Daily Digestemail service. Sir Anthony Evans has written a letter. Sir, When you wrote on November 3 about the Dubai International Financial Centre courts in Dubai and their recently expanded authority to hear cases from beyond the DIFC, you were misinforming the readership. I served as Chief Justice from 2005 to 2010, and the following are the facts.
- There are presently eight judges, two of whom are local residents and all of them are qualified and experienced in common law.
- As a result of their extensive caseload, the DIFC courts are now prepared to hear cases from outside the DIFC, provided that both parties to the contract or dispute have specifically agreed that they will do so in writing.
- While acknowledging Dubai’s centuries-old past as a commercial port, under the same ruling family since the 1860s, your allusion to “rootless international courts” is misguided.
- Third, the DIFC courts coexist with the Dubai courts, which are based on the civil (continental) system and have minimal expertise dealing with international business issues in English.
- It has been demonstrated that there is a solid working relationship between the two courts, and your concerns about the long-term viability of this “twin-track judicial system” have been proven to be unjustified in practice.
The fifth point you make is that in the United Arab Emirates and other Gulf governments, there is “little tradition of courts making judgements that are in conflict with presidential policy.” I can only state that the Dubai government have been supportive of the DIFC courts throughout their existence, never ever compromising its judicial independence in any manner whatsoever.
It would be quite remarkable if this were to occur, given that the purpose of the courts is to contribute to the development of Dubai’s reputation as a reliable worldwide financial and economic center.
It would be reasonable to refer to the “legal riches” of the Dubai courts. Anthony Evans is an attorney at Essex Court Chambers in London, United Kingdom. Get notified whenever a new story about United Arab Emirates is published.
Agreements to Resolve Disputes in The "courts of Dubai" or "dubai Courts" May Be an Opt-In to Difc Court Jurisdiction
In the case of Goel and others, the DIFC Court of Appeal issued a recent judgement. A reference to the “Courts of Dubai” or the “Dubai courts” may be sufficient, according to 1as determined by the Court of Appeal for the Federal District of Dubai, to constitute a “specific, clear, and express” agreement to submit to the jurisdiction of the DIFC Courts pursuant to Article 5(A)(2) of the Judicial Authority Law (JAL). 2 To offer some context, Credit Suisse (Switzerland) Limited filed a lawsuit in the DIFC Courts in order to enforce guarantees made by four persons (the Guarantors).
The Guarantors thereafter signed into guarantee transfer agreements with Credit Suisse AG, which substituted Credit Suisse (Switzerland) Limited (a non-DIFC Establishment) as the entity to which the Guarantors owed their commitments for Credit Suisse AG (a DIFC Establishment) (Guarantee Transfer Agreements).
To comply with Clause 17.1 of the Guarantee Agreements, the parties agreed that “the Courts of Dubai shall have jurisdiction over any disputes arising out of or in connection with this Guarantee.”
THE DECISION OF THE DIFC COURT OF FIRST INSTANCE
Credit Suisse (Switzerland) Limited filed a request with the DIFC Court of First Instance for an order freezing all assets globally (WFO). An ex parte hearing was held to consider the application, which was rejected owing to a lack of jurisdiction. Credit Suisse (Switzerland) Limited filed an ex parte appeal with the Dubai International Financial Center Court of Appeal. Following the Court of Appeal’s conclusion that there was a good arguable case that the Court had jurisdiction and, on that basis, should have issued the WFO, the Court of Appeal stated that the Guarantors should have been given the opportunity to challenge the Court’s jurisdiction once they had been served with the order.
Justice Martin presided over the hearing on the application.
According to Article 5(A)(2) of the JAL, which requires “specific, unambiguous, and express requirements,” the question was whether the parties had expressly agreed to submit to the jurisdiction of the DIFC Courts or not.
With reference to three prior decisions, Sunteck, 3Taaleem, 4and IGPL 5, Justice Martin asserted that “the ordinary and natural meaning of the words contained in the jurisdiction agreement, as understood by the parties in light of the circumstances surrounding the agreement and the context in which the words were used” should be applied to determine whether or not a jurisdiction agreement should be enforced.
It is possible that the Court will conclude that the parties did intend to delegate jurisdiction to the DIFC Courts as a matter of construction of their agreement, in which case those words will satisfy the requirement imposed by Article 5(A)(2) of the JAL for “specific, clear, and express provisions,” as the Court has done in this case.
Justice Martin went on to say that these earlier instances serve as confirmation that:
- There are no requirements that the jurisdiction agreement specifically refer to the “DIFC courts” or some variant of that expression in order to engage the gateway to jurisdiction in Article 5(A)(2) of the JAL
- The phrases “courts of Dubai” or “Dubai courts” in their natural and ordinary meaning encompass all courts established within the Emirate of Dubai, and therefore include both the DIFC Courts and the non-DIFC courts
- And, if one of the parties is, at the time that the agreement is entered into
While the case of IGPL involved an argument that the parties had agreed to “opt out” of the jurisdiction of the DIFC Courts, the issue in this case was whether the parties had agreed to “opt in.” Justice Martin held that the judgment in IGPL was particularly relevant given that: (a) the relevant agreements are governed by the applicable laws of the UAE; and (b) the phraseology used in the jurisdiction agreements is significantl in the context of this case.
Consequently, he believed that the Court was bound to follow the reasoning in IGPL and come to the conclusion that Clause 17.1 of each of the Guarantee Agreements represented the mutual intention of the parties, at the time that the guarantees were signed, to delegate jurisdiction to all of Dubai’s courts, including the DIFC Courts, when interpreting the guarantees.
It is also worth noting the importance the Court put on the fact that the Guarantee Agreements are controlled by the laws of Dubai and applicable UAE federal legislation, rather than by the rules of the Dubai International Financial Centre.
This is due to the fact that it is usual for the “opt in” jurisdiction of the DIFC Courts to entail the settlement of issues regulated by substantive laws other than the statutes of the Dubai International Financial Center.
THE DIFC COURT OF APPEAL DECISION
The Guarantors filed an appeal against the Court’s determination that it had jurisdiction to hear and consider the substantive claims against them, including the request for a WFO. The Court dismissed the appeal. The appeal was denied on the first attempt. The Court of Appeal affirmed that the parties’ jurisdiction clause constituted a lawful agreement to opt into the jurisdiction of the DIFC Courts under Article 5(A)(2) of the JAL, as determined by the Court of Appeal. With its decision to dismiss the Guarantors’ appeal, the Court of Appeal confirmed that, when the term “the courts of Dubai” is used in a contract, its ordinary meaning, absent context and purposes that indicate otherwise, refers to all of the courts in Dubai, including the Dubai International Financial Center (DIFC) Courts and the onshore Dubai courts.
The phrase “courts of Dubai” shall continue to be understood to apply to the DIFC Courts as well as the other Dubai courts, as it has done from its inception.
The Court found that it was.
However, as the Court of Appeal noted in its closing remarks, although this case reaffirms the DIFC Court’s broad approach to jurisdiction in general, the construction of terms such as “courts of Dubai” will depend on their particular context, and in this case, the history of the transaction in question was critical to reaching a constructional conclusion. This instance serves as a reminder of the need of clear and exact writing once again. Exact language should be used if parties desire to include or exclude the jurisdiction of the DIFC Court from their agreement in order to eliminate any ambiguity and limit the likelihood of a dispute over jurisdiction arising.
1(1) Ashok Kumar Goel (2) Sudhir Goyel (3) Manan Goel (4) Prerit Goel v Credit Suisse (Switzerland) Limited v Credit Suisse (Switzerland) Limited v Credit Suisse (Switzerland) Limited DIFC CA 0022Law No. 12 of 2004 in respect of the Judicial Authority of the Dubai International Financial Centre, as amended3 (also known as the Dubai International Financial Centre Law). (1) Al Tamimi and Company Limited; and (2) Grand Valley General Trading LLC Sunteck Lifestyles Ltd v (1) Al Tamimi and Company Limited and (2) Grand Valley General Trading LLC Taaleem PJSC v (1) National Bonds Corporation PJSC and (2) Deyaar Development PJSC (DIFC CFI 0484).
CA 004 of the DIFC
Judicial system of the United Arab Emirates – Wikipedia
The Constitution of the United Arab Emirates serves as the foundation for the legal system of the United Arab Emirates. It is a dual-system in that it has both municipal and federal courts, as well as a Supreme Court that is headquartered in Abu Dhabi. While the United Kingdom and other countries rely heavily on previous court decisions as legal precedents, the United Arab Emirates does not rely as heavily on precedents, although the judgments of higher courts are sometimes applied by lower courts in cases that are similar to those in which they were rendered.
The principles of Islamic jurisprudence are frequently applied in the development of UAE law.
A protectorate of the British Empire founded through a series of treaties, the Trucial States were known as such prior to the formation of the Union in 1971. When most conflicts arose during that time period, rulers of emirates, chiefs of local tribes, and unofficial judges who followed customary law dealt with the majority of them. The fundamental source of law was Islam, which was supplemented with unwritten social customs, known as “urf.” Sharia judges were trained to deal with family problems, but conventional law judges were trained to deal with criminal assaults and other personal issues.
When there were disagreements in coastal cities, they were mostly about trade and economic relations, notably the pearl trade. Following the 1853 ceasefire, any conflicts involving pearl diving were resolved directly by the British government representative in the Persian Gulf at the time.
Legal system in the constitution
Almost the entirety of Section 5 of the Constitution of the United Arab Emirates, which went into force on December 2, 1971, is devoted to the judicial system of the Union. In Article 94 of the Constitution, it is stated that “justice serves as the foundation of authority.”
Sources of law
Its whole fifth Section is devoted entirely to the legal system of the United Arab Emirates, according to the Constitution of the United Arab Emirates, which came into force on December 2, 1971. “Justice is the foundation of authority,” according to Article 94 of the Constitution.
However, just because it is the highest legal instance in the UAE does not imply that its decisions apply throughout the country; Dubai and Ras Al Khayma each have their own local court system. The following is the text of Article 96 of the UAE Constitution: A President and a number of Judges, not exceeding five in total, who shall be appointed by decree issued by the President of the Union and approved by the Supreme Council, shall constitute the Supreme Court of the Union. Courts are also divided into two sorts under the country’s constitution, namely federal court systems and municipal court systems.
In accordance with Article 101 of the Emirati Constitution, “the decisions of the Supreme Court of the Union shall be final and binding on all parties.” H.E.
Abdul Wahab Abdul is the first President of the Union Supreme Court of the United Arab Emirates (Union Supreme Court) (incumbent).
As their titles imply, Federal Courts have jurisdiction over all issues originating within the territory of the United Arab Emirates, including disputes, domiciliary proceedings, transactions, and so on.” Furthermore, UAE courts have a form of ’emergency jurisdiction,’ which means that a UAE court can decide preliminary petitions for attachment of a defendant’s assets as well as urgent motions, even if the court would otherwise lack jurisdiction in the case in question.” Cases are brought before the Federal Courts when a complaint is filed with the Reconciliation and Settlement Committee.
“The relevant reconciliation committee will attempt reconciliation first, and only after those efforts have failed, will complaints be brought before the Federal Courts,” says the committee.
In the United Arab Emirates, local courts (First Instance Courts) primarily address “All urgent concerns relating to people’s conflicts, including cases, authentications, and the protection of their rights, security, and safety are handled by the court system.
It also carries out judicial executions by deputation or reference for deeds of execution defined by law, as well as executions by deputation or reference.”
Sharia courts are only concerned with civil issues in which the parties involved are Muslims. Their judgements are based on the legal requirements laid down in the Quran and Hadith, which they consult for guidance. “The Sharia court may hear appeals of certain criminal cases, including rape, robbery, driving under the influence of alcohol, and related offences, which were initially prosecuted in lower criminal courts, but only at the federal level (which, as previously said, excludes Dubai and Ras Al Khaimah).”
In civil conflicts involving Muslims, Sharia courts are used to resolve the differences between the parties. When it comes to making choices, they rely on the legal requirements contained in the Quran and the Hadith. “The Sharia court may, at the federal level only (which, as previously stated, excludes Dubai and Ras Al Khaimah), also hear appeals in certain criminal cases, such as rape, robbery, driving under the influence of alcohol, and related crimes, that were originally tried in lower criminal courts,” according to the ruling.
Common law courts
The Dubai International Financial Centre (DIFC) Courts are an independent English language common law judiciary having jurisdiction over civil and economic issues on a national, regional, and international scale. The DIFC Courts are located in Dubai, United Arab Emirates. The Courts first opened its doors in 2006. Originally, the jurisdiction of the DIFC Courts was restricted to the territory of the DIFC. This has now been expanded. Due to the signing of Dubai Law No. 16, which took effect in October 2011, the DIFC Courts are now authorized to hear any local or international cases and to settle business disputes with the approval of all parties.
Abu Dhabi Global Market Courts
The Abu Dhabi Global Market Courts, which were established in compliance with Abu Dhabi Law No. (4) of 2013, are based on the English legal system in many aspects. The common law of England, including the principles and standards of equity, applies to and are incorporated into the law of the Abu Dhabi Global Market (Abu Dhabi Global Market) (ADGM). Also derived from Scottish and Australian Federal legislation, the Regulations for ADGM Courts have been expressly modified to fit the needs of ADGM Courts.
In criminal cases, the ADGM courts have no authority over the parties.
Dubai Court SystemRas Al Khaimah Court System
Dubai and Ras Al Khaimah each have their own legal systems that are distinct from one another. For example, the legal system in Dubai is divided into three stages: the Court of First Instance, the Court of Appeal, and the Court of Cassation (or Supreme Court). On a general basis, the courts in Dubai and Ras Al Khaimah hear cases involving local issues such as property disputes and domestic problems. Although it cannot enforce foreign judgements, arbitration decisions, or awards from other tribunals, such as the conflict resolution bodies inside the Free ZonesSpecial Economic Zones, it can enforce awards from other tribunals, such as those in other countries.
Dubai’s judicial system adheres to Sharia law principles in areas pertaining to marriage, divorce, succession, and personal status, among others.
In 2016, the courts of Ras Al Khaimah will now accept English language judgments in dispute resolution services, which are primarily geared at businesses and investors in the region, according to a press release.
Non-Muslim expatriates who do not have a will in the UAE may have their possessions passed on to relatives under Sharia law. Non-Muslim expats in Dubai and Ras Al Kaimah, on the other hand, may choose to opt out of Sharia law in the event of succession and wills.
Dubai Rental Disputes Center
The Rental Disputes Center (RDC) was established pursuant to Local Decree No.26 of 2013, and it has almost exclusive jurisdiction over disputes arising between landlords and tenants in Dubai, as defined by Dubai Law No.26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai (Regulation of Relationship between Landlords and Tenants in the Emirate of Dubai).
Alternative dispute resolution
Individuals and businesses in the United Arab Emirates can choose from a variety of alternative conflict resolution options.
A long-standing dispute-resolution procedure in the region, arbitration has been cited in Islamic holy writings and is widely accepted in the region. There have been a slew of measures in the United Arab Emirates to establish a prominent presence in international commercial arbitration, including the definition of contemporary arbitration rules in federal and other legislative frameworks.
Dubai’s International Arbitration Centre (DIAC)
The Dubai International Arbitration Centre (DIAC) was established in 1994 as the “Centre for Commercial Conciliation and Arbitration.” It is a non-profit organization that is housed within the Dubai Chamber of Commerce and Industry (DCCI).
DIFC/LCIA Arbitration Centre
A collaborative venture between the Dubai International Financial Centre (DIFC) and the London Court of International Arbitration (LCIA) has been established (LCIA). While there are certain adjustments to the LCIA’s own arbitration rules, the center’s arbitration procedures are largely patterned after those regulations.
International Islamic Centre for Reconciliation and Arbitration
A non-profit organization that supports the Islamic financial industry, the International Islamic Centre for Reconciliation and Arbitration (IICRA) is an international, autonomous, non-governmental organization. Financial and commercial disputes that arise between financial or business institutions that choose to apply Islamic law, Sharia principles in resolving disputes that arise between these institutions and their clients or between them and third parties are resolved by the center either through reconciliation or arbitration.
The Federal Labor Law of the United Arab Emirates requires that all outstanding employment issues be reported to the Ministry of Labour, where a settlement is negotiated between employers and employees. If the conversations fail, either side may file a lawsuit to resolve the situation. Considering that there are no trade unions in the United Arab Emirates, collective bargaining issues are handled by a special committee that includes the Minister of Labour, a Supreme Court Judge (if applicable), and one independent expert.
- Within the General Directorate of Residency and Foreigners Affairs (GDRFA) branch in Al Aweer, there has been the establishment of a new department dedicated to the resolution of conflicts between domestic helpers and their sponsors.
- In Dubai, the General Department of Human Rights of the Dubai Police handles individual and collective complaints submitted by employees against their employers, which are then investigated.
- Concerning government workers in Dubai, employment complaints can be made with the Ruler of Dubai’s office, which will endeavor to reach a mutually beneficial solution between the two sides.
- According to the Crown Prince of Dubai, the formation of a central complaints committee for Dubai government employees was approved in 2015.
There is a representation from the General Secretariat of the Emirate of Dubai’s Executive Council, as well as representatives from the higher legislative committee and the department of human resources.
Dubai Courts Centre for Amicable Dispute Resolution
Disputations that come under the competence of the center are not registered in the courts unless they are presented to the center first and a referral is given to the courts. Claims are addressed by skilled mediators who work under the supervision of a court of law. Once a settlement has been reached, the parties will sign and have the agreement verified by a court before it becomes legally enforceable.
Family Guidance Department
It is critical that the Family Guidance Department is a part of the family court system. All divorce petitions are initially processed via the department, where trained mediators assist couples and family members in reaching a mutually agreeable solution to their problems. The department, which was founded in 1998, provides family counseling, including legal and religious counseling, as well as assistance with marital conflicts and disputes involving the refusal of a woman to marry by her guardian or other family member.
In 2017, an update was released on the UAE government website indicating that all divorce proceedings in the UAE for Muslim couples will be regulated by Sharia law, including instances where the husband is Muslim and the wife is not.
Commercial Compliance and Consumer Protection
The Commercial Compliance and Consumer Protection (CCCP) division of Dubai’s Department of Economic Development is responsible for consumer protection. Consumers can contact the Consumer Complaints Center via phone, email, or fax to file complaints (and soon through dedicated counters at all retail outlets). Upon receipt of a complaint, the CCCP will contact each of the parties involved to attempt to reach a mutually suitable settlement. The goal is to get the majority of complaints resolved within 30 days.
Dubai Chamber of Commerce
The Chamber of Commerce offers a variety of legal services, including mediation. The value of mediation cases settled by the chamber in 2015 totaled Dh18.3 million ($4.9 million), which was a significant increase over the previous year. Earlier this year, the Middle East’s first smart mediation software made its debut in the region.
Mediation at DIFC Courts
Part of the procedure for the DIFC Courts’ Small Claims Tribunal (SCT) is a formal mediation session that takes place in front of a judge. It is estimated that over 90 percent of all petitions brought before the SCT are resolved during the “consultation” phase, which is an obligatory court–guided mediation session. After an unsuccessful attempt to reach an agreement, a judge of the DIFC Courts will conduct a hearing and issue an official court ruling. SCT procedures are held in strict confidence, and the parties are not generally represented by attorneys.
Judicial Studies and legal profession
The United Arab Emirates has been attempting to establish a legal framework since its inception as a sovereign state.
In order to attain this aim, the UAE has worked on a number of fronts. One of the most significant levels was the training of persons who would go on to become judges, attorneys, clerks, and other positions.
Institute of Training and Judicial Studies (ITJS)
The Institute of Training and Judicial Studies (ITJS), which is situated in Abu Dhabi, was formed on December 14, 1992, and has been in operation since since. This institute was formally established by Cabinet Resolution N 14 of 1992, which was announced in 1992. In 2004, a federal statute confirmed the institute’s position as a federally funded institution. The Institute of Training and Judicial Studies (ITJS) is responsible for a number of tasks, including:
- Prepare and qualify Sharia and Law Schools in order to host them. Organization of courses for members of the judiciary
- Training courses for persons who work in the legal field, such as judicial assistants and attorneys
- Research in the scientific field
- Governmental organizations’ staff are being trained
Dubai Judicial Institute
A public institute created in 1996 by virtue of Law No. 1 of 1996, which was revised by Law No. 27 of 2009, the Dubai Judicial Institute is a court of law. The Cabinet of the Ruler of Dubai oversees the work of this institute, which carries out its responsibilities.
Abu Dhabi Judicial Academy
The Abu Dhabi Judicial Academy was established by His Highness Sheikh Mansour Bin Zayed Al Nahyan, the Chairman of the Judicial Department, in accordance with Decision No (16) of 2007. The Academy is a higher education and specialized training institution that trains members of the Judicial Authority in all branches of law and judicial majors.
Academy of Law (DIFC)
The DIFC Dispute Resolution Authority Academy (Academy of Law) was created in 2015 as an autonomous body with the mission of providing high-quality services to the legal community in the United Arab Emirates. One of the organization’s primary tasks is to teach and regulate attorneys while also publishing, sponsoring events for the legal community, and offering free legal help to those in need. For UAE legal professionals of various backgrounds and levels, the school provides comprehensive training, ranging from seasoned English language Common Law practitioners to newly qualified attorneys and those now working in the country’s civil system, which is spoken in Arabic.
Chartered Institute of Arbitrators (CIArb)
As an autonomous body, the DIFC Dispute Resolution Authority Academy (Academy of Law) was created in 2015 with the goal of providing high-quality services to the UAE’s legal community. One of the organization’s primary tasks is to teach and regulate attorneys while also publishing, sponsoring events for the legal community, and offering free legal help to persons in need. For UAE legal professionals of various backgrounds and levels, the school provides comprehensive training, ranging from seasoned English language Common Law practitioners to newly licensed attorneys and those now practicing in the Arabic-speaking civil system.
Maktoum Bin Mohammed Initiatives for Legal Excellence
The Initiatives are aimed at strengthening the capacities of persons working in the legal profession and encouraging them to be trailblazers in their fields of endeavor. Programs included in the project include the moot court competition, legal scientific research competition, legal scholarships program, a program for holding legal and judicial conferences, as well as the Dubai International Financial Centre (DIFC) Courts Academy and the Dubai International Financial Centre (DIFC) Courts.
Despite the fact that UAE law recognizes the concept of contract freedom, foreign jurisdiction provisions are ignored by UAE courts, which will take jurisdiction as a matter of public policy if any of the following conditions are met:
- Any one or more of the defendants has a residence in the United Arab Emirates
- The issue concerns a topic that occurs within the United Arab Emirates. There was any component of the contract that was completed or performed in the United Arab Emirates
For those who are wondering about the legality of a contract that has an express foreign choice of law clause, the notion is that the UAE courts will recognize an express foreign choice of law clause. On the other hand, the courts are often reluctant to apply foreign laws for reasons of public policy (a principle which has been broadly construed). Even if a UAE court decides to apply foreign law in a specific instance, the court must be convinced that the foreign law is correct as a matter of fact before it may do so.
Even when a foreign law is implemented, there is no guarantee that a court would interpret it in a way that is consistent with how it was applied in the jurisdiction where it was developed.
- Agency or distributorship in the commercial sector
- Some instances in which commodities have been transported by sea a few insurance agreements
No choice of law and non-contractual claims
In the absence of a choice of law, the courts of the UAE will apply UAE law to all non-contractual claims as well as contractual claims. The UAE courts have authority to hear actions brought against both of these individuals:
- Foreign nationals who have established a domicile or a place of abode in the United Arab Emirates
Aside from proceedings against foreigners who have no domicile or place of residence in the UAE, the Civil Procedure Code grants the UAE courts the authority to hear actions against foreigners who have no domicile or place of residence in the UAE. When the UAE courts determine that they have jurisdiction, they do not regard a choice of jurisdiction provision to be relevant. If the contract allows for disagreements to be resolved by arbitration, or if the DIFC Courts or the ADGM Courts have jurisdiction over the case, the situation is different.
6 of 2018 (the Federal Arbitration Law).
As a matter of practice, courts will take jurisdiction over disputes unless the DIFC Courts or the ADGM Courts have jurisdiction over the case or unless the contract allows for disagreements to be sent to arbitration.
Unless otherwise provided for by bilateral or international treaties to which the UAE is a party, which may provide for a different process, the only recognized method for serving foreign legal proceedings is service by the court bailiff in the same manner as it is done for serving domestic UAE legal proceedings in the UAE (see Question 9,Notice to the defendant and defence).
- 10 of 2014).
- It has, on the other hand, concluded bilateral treaties with a number of nations in order to enhance judicial cooperation.
- If there are any provisions in bilateral treaties or the Riyadh Convention that pertain to service of legal process, the courts will give effect to those requirements.
- There are provisions in the Riyadh Convention that address, among other things, the collection of evidence from witnesses for use in judicial procedures in member countries.
Furthermore, when it comes to the collecting of evidence, the courts give respect to the requirements of judicial co-operation treaties (JCTs).
Enforcement of a foreign judgment
For judicial cooperation and acceptance of judgements and arbitral awards, the United Arab Emirates has signed treaties with a number of nations. In addition, the United Arab Emirates is a signatory to the Riyadh Convention. It is the Riyadh Convention, which contains rules dealing to a variety of issues, including the recognition and enforcement of decisions obtained in member countries. In the case of a ruling from a member state of the Riyadh Convention or from a state with whom the UAE has a treaty, the jurisdiction of the court of origin is often not considered in the decision (subject to particular exceptions that may be provided in the relevant treaty).
A request for a hearing is filed with the Execution Court, and the court is obligated to give a ruling (ex parte) within three days after the filing of the application.
With respect to decisions rendered by courts in countries with which the UAE does not have a bilateral treaty, it is necessary to comply with the rules of the Civil Procedure Code (as modified).
Additionally, there are other requirements that must be met, such as the following:
- Neither the UAE courts nor the international tribunals must have jurisdiction over the substantive dispute in which the foreign decision was obtained. According to the legislation of the nation in question, the decision must have been issued by a competent court
- The defendant must have been called and represented in the international proceedings
- Otherwise, the case would be dismissed. The decision must be final and binding, and it must have the force ofres judiciata under the laws of the nation in which it was rendered. Moreover, the ruling must not be in conflict with any other judgment or order previously made by a court in the UAE, nor must it be in violation of UAE morality and public order standards.
Having a judgment enforced against a defendant who is a resident or domiciled in the United Arab Emirates may be difficult due to the requirement that the UAE courts do not have jurisdiction over the substantive dispute. However, the UAE courts do have jurisdiction in relation to a defendant who is resident or domiciled in the UAE (seeQuestion 26). The foreign judgment can be used as evidence in the UAE court if the conditions of the Civil Procedure Code stated above are not met. In this case, a civil claim must be filed in the relevant UAE court and the foreign decision can be used as evidence.
Recent instances have seen the DIFC Courts acting as a conduit jurisdiction for the enforcement of foreign court rulings in the Emirate of Dubai.
10 of 2004, the DIFC Court of First Instance has the authority to confirm any decision or order issued by a foreign court that is recognized in the DIFC.
In principle, if the subject matter of the execution is located outside of the DIFC, a DIFC court ruling can be enforced outside of the DIFC through the onshore Dubai courts, rather than through the DIFC courts (Law No.
It was decided in the case of DNB Bank ASA v (1) Gulf Eyadh Corporation (2) Gulf Navigation Holdings PJSC CA 007/2015 that the DIFC Court of First Instance ratified an English court judgment, despite the fact that there was no treaty between the United Kingdom and the United Arab Emirates and the subject of enforcement was not located in, nor had any connection with, the Dubai International Financial Centre.
The DIFC Court of Appeal determined that when a foreign decision is recognized by the DIFC courts, it is deemed to be a “independent local judgment” and should be considered as such by the Dubai courts.
According to a recent decision of the Dubai Court of First Instance, the ability to use the DIFC courts as a conduit jurisdiction has been questioned, as the Court of First Instance nullified a DIFC court judgment on the grounds that the DIFC Courts did not have jurisdiction to ratify an arbitral award in a case where the subject of enforcement was not located in, or had any connection with, the DIFC.
The Court of First Instance in Dubai ruled as follows:
- In order to enforce a DIFC Courts decision, it must first decide whether the DIFC Courts has jurisdiction to make the judgment
- And then it must enforce the verdict. In order for a DIFC court ruling to be enforced in Dubai, the DIFC court must have had jurisdiction to deliver the judgment in the first place. While the DIFC Courts have exceptional jurisdiction (i.e., jurisdiction restricted to actions involving the DIFC), the Dubai courts are the courts of first instance or default jurisdiction. If a matter falls outside the boundaries of the DIFC Courts’ extraordinary jurisdiction and falls within the original jurisdiction of the Dubai Courts, the DIFC Courts will not hear it
- Otherwise, the DIFC Courts will dismiss it.
In order to evaluate whether the DIFC Courts had jurisdiction to make the decision, it is empowered to do so before executing a DIFC Courts ruling. In order for a DIFC court ruling to be enforced in Dubai, the DIFC courts must have had jurisdiction to deliver the judgment in the first place. While the DIFC Courts have exceptional jurisdiction (i.e., jurisdiction restricted to issues involving the DIFC), the Dubai courts are the courts of original or default jurisdiction. If a matter falls beyond the limits of the DIFC Courts’ extraordinary jurisdiction and falls within the original jurisdiction of the Dubai Courts, the DIFC Courts will not hear it; instead, the DIFC Courts will dismiss it.
Case Reports from the UAE on JSTOR
Information about the Journal The economic and commercial advancements in Arab nations continue to pique the interest of the international community. Courts in non-Islamic countries are increasingly being called upon to resolve disputes regarding Arab laws and Islamic law in general. This increased interest in Arab nations, both domestically and internationally, increases the necessity for a relevant journal on Arab law to be published on a regular basis. Arab Law Quarterly is the preeminent English-language legal periodical in its area, covering all elements of Arab law, both Shari’a-compliant and secular in nature.
Information about the publisher BRILL, which was established in 1683, is a publishing business that has a strong worldwide focus.
BRILL’s mostly English-language publications include book series, individual monographs, encyclopaedias, and periodicals, amongst other types of content.
BRILL is happy to collaborate with a diverse group of researchers and writers, as well as to serve a diverse variety of clients throughout the world.
Dubai Courts Services Center Wafi Mall
Finding a solution that is based on the rules and legal systems in order to accomplish justice and protect the rights of all parties via mutual consent is the ultimate goal. There must be a reconciliation agreement signed by both parties, and the disputed party or both parties will be accountable for government expenses if the agreement is not approved by the court in the form of an execution instrument by the judge in charge of the case.
Cases that cannot be resolved peacefully are sent to the special court for consideration and resolution.
Specialization of the Centre
- Finding a mutually agreeable solution based on the rules and legal systems in order to accomplish justice and protect the rights of all parties is essential. There must be a reconciliation agreement signed by both parties, and the disputed party or both parties will be accountable for government expenses if the agreement is not approved by the court in the form of an execution instrument by the competent judge. Cases that cannot be resolved peacefully are sent to the special court for review and determination.
Requirements for the registration of Settlements:
- A Statement of Claim, which includes the litigating parties (Claimant and Respondent), contact information (including phone numbers and accurate addresses), emails and P.O. Box numbers, facts, and respondents’ closing petitions
- Documents supporting the claim must be attached. Powers of attorney or legal authorisation documents must be added if they have been attested.
Steps of Registration:
- A statement of claim must be e-registered by a legal firm or a typing center that has been approved by the court. In addition, a statement of claim can be physically delivered along with the appropriate documentation. The costs are to be paid when a request has been approved and a date for a hearing session has been confirmed. A respondent shall be summoned to the hearing session by any and all legally permissible means of contact
- It is necessary to hear a statement of claim until a decision on reconciliation has been given
- Otherwise, the matter is directed to the appropriate court, depending on the kind of litigation.
The filing of a dispute with the Centre for Amicable Settlements of Disputes will result in the suspension of the limitation time for the case, according to Article (9) of the Center’s bylaws. Important Note: