Civil Claims Procedures for Expats in the UAE – Civil Law
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The structure of civil courts in the United Arab Emirates is pyramidal, in which the Federal Supreme Court is the highest court at the federal level and the Court of Cassation is the highest court at the emirate level. Next in the hierarchy of courts come the courts of appeal of the emirate concerned, followed by the magistrate’s court of each emirate. If you are a resident of Dubai or any other emirate in the country, it is pertinent that you understand the hierarchy of courts as well as the procedure for filing civil claims in these courts as advised by civil lawyers in Dubai.
The civil laws of the UAE handle different matters including family concerns, breach of contractual agreements, and other business disputes between multiple parties. Federal Law No. 11 of 1992 concerning the Civil Code of the United Arab Emirates was recently amended by Law No. 10 of 2014 and further amendments by Cabinet Decision No. 57 of 2018 govern the filing procedure civil actions before the competent courts. The law directs the skills, guidelines, methodology and strategies concerning the law of civil procedure. This article will divide the procedure into different easy steps to enlighten our readers on the civil court procedure to hear all cases.
The first step for civil, labor and family disputes is to register the issue before the mediation centers facilitated by the courts of the United Arab Emirates. For example, the Commercial Dispute Resolution Committees, the Family Reconciliation Center, the Tenant Dispute Center and the Labor Dispute Center.
The main function of the aforementioned authorities is to resolve the dispute amicably between the two parties and in case they see no possibility of reaching an amicable solution, they will allow the parties to register the case before the court in issuing a certificate of no objection. .
After receiving a NOC from the mediation center, the next step for any claimant is to appoint the best civil lawyers in Dubai or any other relevant emirate. However, the parties may appoint lawyers at the mediation stage or after it, as they deem appropriate. Considering the language barrier and other requirements of the courts in the UAE, it is advisable to appoint a legal consultant in the country to represent you legally before the competent judicial authorities.
The third step is to register the claim in the Civil Court (Records Officer), in which the first step is to submit a “claim statement” written in Arabic language with the relevant evidence supporting your claim ( legally translated into Arabic) with a legalized power of attorney if the application is registered through a lawyer.
The statement of claim will contain all relevant details of the parties, the facts of the case and the claimant’s claim. It is pertinent to note that any document obtained outside the country must be legally attested by a notary public, the Ministry of Foreign Affairs and Embassy of the United Arab Emirates in the country of origin.
When the first claim is presented, the other party will be summoned to court and given the opportunity to present their defence. Once both parties have the same opportunity to present their case, the court will issue a judgment in favor of either party and oblige them to pay the corresponding costs. Nevertheless, once the judgment has been rendered, each party has the right to lodge an appeal before the Court of Appeal followed by an appeal before the Court of Cassation, in the event that it is not satisfied with the judgment rendered by the court.
Finally, the procedure in UAE courts, although similar to other countries, is nevertheless very different from other countries considering the different rules and regulations followed by UAE courts and the difference in language. .
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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