Civil Litigation Law Dubai

Civil Litigation Law Dubai

Civil Litigation in UAE:

The United Arab Emirates (UAE) has a well-developed legal system, and civil litigation in the UAE is governed by a comprehensive set of laws and regulations.

Jurisdiction:

The UAE has two parallel legal systems: the Federal system, which covers the entire country, and the local legal system, which operates in each of the seven Emirates. The Federal system has exclusive jurisdiction over certain matters, such as commercial disputes involving federal entities, while the local legal system has jurisdiction over most other civil disputes, including those arising from contracts, torts, and property.

Courts:

There are several levels of courts in the UAE, including courts of first instance, appellate courts, and the Federal Supreme Court. Each Emirate has its own court system, and there are also specialized courts for certain types of disputes, such as labor disputes, commercial disputes, and personal status matters.

Civil Procedure:

The civil litigation process in the UAE typically begins with the filing of a complaint or claim in the relevant court. The complaint must contain a clear statement of the facts underlying the claim, the legal basis for the claim, and the relief sought.

Once the complaint has been filed, the court will issue a summons to the defendant, requiring them to respond to the claim within a specified period of time. The defendant may file a written statement of defence, admitting or denying the allegations in the complaint and setting out their own version of the facts.

The court will then hold a preliminary hearing to determine the issues in dispute and to attempt to resolve the matter through mediation or settlement. If the matter cannot be resolved, the court will proceed to a full trial.

At trial, each party will present evidence in support of their case, and the court will make a decision based on the evidence presented. In some cases, the court may appoint an expert to provide technical or specialized advice on certain aspects of the case.

Once a judgment has been issued, either party may appeal the decision to the relevant appellate court. The appellate court will review the evidence and legal arguments presented at trial and may uphold, reverse, or modify the original judgment.

Enforcement:

If a judgment is issued in favour of the plaintiff, they may seek to enforce the judgment through various means, including seizure of assets, garnishment of wages, or other legal remedies. The enforcement process in the UAE can be lengthy and complex, and it may require the assistance of a local attorney.

Conclusion:

Civil litigation in the UAE is a well-regulated process that provides a fair and transparent means of resolving disputes between parties. It is important to seek the assistance of an experienced local attorney who can guide you through the process and ensure that your rights and interests are protected.