Understanding the legal system and court procedures in the United Arab Emirates (UAE), particularly in Dubai, is essential for residents and businesses alike. Whether you are a local or an expatriate, knowing how the courts operate can provide you with confidence and assurance in navigating legal matters. In this guide, we will take a closer look at the UAE Dubai Courts procedure.

dubai’s court

Dubai’s Court system is divided into several tiers, each handling different types of cases:

Court of First Instance: The Courts of First Instance in Dubai serve as the foundational tier of the judicial system, comprising seven specialised courts tailored to address specific legal matters. These include the Personal Status Court, Civil Court, Punitive Court, Commercial Court, Real Estate Court, Labour Court, and Execution Court.

The Court of First Instance is structured into two tiers: lower and upper courts. Lower courts handle cases with values below AED 10 million, presided over by a single judge, while upper courts manage cases exceeding this threshold, with decisions made by a panel of three judges. Furthermore, the Court of First Instance is organized into Minor and Major Circuits. In the Minor Circuit, cases valued at AED 10 million or less are overseen by a single judge, whereas in the Major Circuit, cases above this value typically involve a panel of three judges.

Court of Appeal: A ruling rendered by the Court of First Instance may be contested through an appeal process within a 30-day window following the issuance of the judgment. However, judgments issued by the Court of Appeal are considered conclusive if the value of the claim is under AED 500,000, and such cases are adjudicated by a panel of three judges.

Court of Cassation: As the highest Court in Dubai, the Court of Cassation primarily deals with appeals on points of law. Notably, appeals may only be pursued for disputes exceeding AED 500,000, unless the judgment pertains to non-monetary matters. It is crucial to recognize that the Court of Appeal represents the highest judicial authority, beyond which there is no further avenue for appeal.

Initiating a Claim Before Dubai’s Court of First Instance.

To commence proceedings before Dubai’s Court of First Instance, individuals or entities seeking legal recourse must initiate the process by submitting a formal claim. This claim serves as the foundation of the case and sets the wheels in motion for judicial review. Notably, all documents filed with the court, including the formal claim itself, must be in Arabic or translated into Arabic by an accredited translator. Each defendant is entitled to receive a copy of the plaintiff’s claim. Additionally, a court fee must be paid based on the type of the case.

After the claim is submitted, the court springs into action, scheduling preliminary hearings and notifying the opposing party of the legal proceedings. These preliminary steps are crucial in ensuring that both parties are given the opportunity to present their arguments and evidence before the court.

The claim is served to the defendant through a notification process by the court bailiff. Following the filing of the statement, a notification is typically issued to the defendant within 10 days. Subsequently, the first hearing date is usually scheduled within 2-3 weeks of submitting the claim. However, in cases where the defendant’s whereabouts are unknown, the court may require additional efforts to locate them, such as publishing case details in a local newspaper or conducting investigations with relevant authorities like DEWA. In instances where the defendant fails to respond or cannot be located, it is still possible to obtain a favorable judgment in their absence.

dubai’s court

Court hearing process

During the court hearing process, both parties and/or their representatives must attend the hearing session as scheduled. If either party submits a document during this session that could have been provided earlier, the court may accept it without causing a delay in the proceedings.

However, if the submission does cause a delay, the court has the authority to impose a fine, either at its discretion or upon request. Failure of either party to attend the hearing may result in the court evaluating the validity of their absence and deciding whether to proceed with the case or dismiss it. If no party requests to move forward with the case or attends the hearing within 60 days, the case will be adjourned. However, if only the defendant fails to attend after receiving notification, the court may proceed with the lawsuit unless there was an issue with serving the notification. In such instances, the court may postpone the hearing to the next session.

If the court determines that it lacks jurisdiction over the case, it will refer the matter to the appropriate court, with the parties being notified of this decision by the court bailiff.

Termination of the civil case: In a civil lawsuit, termination can occur if both parties mutually decide to withdraw the case with the court’s endorsement. This cessation can last for up to six months from the court’s approval, as per Article 101 of the Civil Procedural Law.

Appealing the ruling of the Court of First Instance

According to Federal Decree-Law No. 42 of 2022 Promulgating the Code of Civil Procedure, the ruling of the Court of First Instance can be challenged before the Court of Appeal and then the Court of Cassation.

Judgments rendered by the Court of First Instance can be challenged before the Court of Appeal within 30 days of the judgment date. However, for urgent cases, this window narrows to 10 days. Appeals can be lodged on both factual and legal bases, or a combination of both. Additionally, litigants have the option to present supplementary evidence or request additional witnesses during the appellate process.

Appointment of Experts

When the court deems it necessary to seek expert insight, particularly in cases involving assessments of facts, valuations, or evaluations of issues like defective works or delays, it possesses the authority to appoint an expert from its cadre of court-appointed experts. Parties engaged in the legal proceedings have the option to either

request the court’s appointment of an expert or reach a mutual agreement on an expert, provided they select from the court’s roster of appointed experts. Once an expert is appointed, they are responsible to review documents, meet with parties involved, and provide a detailed report to the court. These expert reports are relied heavily by judges according to which they adjudicate the case at hand.

Judgment

Once the court has meticulously deliberated and reached a decision on a case, the judgment is handed down. However, litigants may seek a review of the final judgment if:

• the opponent’s fraud influenced the court’s ruling
• the court’s decision was based on papers which were confirmed to be falsified after the issuance of the ruling
• the ruling was based on the testimony of a witness who was later adjudged false.