Civil Procedure Code at United Arab Emirates
The Civil Procedure Code in the United Arab Emirates (UAE) governs the procedures for civil litigation, including the filing of lawsuits, trials, appeals, and the enforcement of judgments. The UAE follows a legal system that blends civil law principles with Islamic law (Sharia) and traditional customary laws. The civil procedure laws in the UAE are primarily outlined in the Federal Law No. 11 of 1992 (the Civil Procedure Law), which has undergone several amendments over the years to improve the efficiency and fairness of the judicial system.
The system is primarily codified and relies heavily on written submissions and formalities, with specific procedures for different types of civil cases. Below are the key features of the Civil Procedure Code in the UAE:
Key Features of the Civil Procedure Code in the UAE
1. Jurisdiction of Courts:
The UAE has a dual court system: Federal Courts and Local Courts. The Federal Courts have jurisdiction over certain matters specified by federal law, while Local Courts (at the level of individual Emirates) handle other matters.
The UAE Federal Supreme Court is the highest appellate court, while Court of First Instance and Court of Appeal are the main courts in civil cases.
Jurisdiction is generally determined by the location of the defendant or the subject matter of the dispute.
2. Commencement of Civil Action:
Civil cases are initiated by filing a statement of claim with the relevant court. This document must include a detailed description of the facts, legal grounds for the claim, and the relief sought (e.g., monetary compensation, specific performance).
The claim must be filed in Arabic, as Arabic is the official language of the courts in the UAE.
The claimant must also serve the claim on the defendant, notifying them of the lawsuit.
3. Pleadings:
The parties must submit written pleadings throughout the proceedings, and these documents form the basis of the case.
Defendant's Response: After the statement of claim is filed, the defendant has the opportunity to file a statement of defense within a specified time frame (usually 15 to 30 days).
The claimant may respond to the defendant’s defense in a replica, and the defendant may file a rejoinder.
The court may allow for further submissions if needed, but it is typically a structured and formal process.
4. Court Hearings:
Once the pleadings are complete, the court schedules a hearing. Civil hearings in the UAE are generally open to the public, though some sensitive cases may be held in closed sessions.
During the hearing, both parties present their arguments and evidence. The parties may submit documents, witness testimony, and expert opinions.
The judge may also question witnesses and request additional information.
5. Judgments and Orders:
The court issues a judgment based on the facts and evidence presented at trial. This judgment will specify the legal reasoning and provide any orders for relief, such as ordering payment of damages, the return of property, or other appropriate remedies.
If the case involves a claim for monetary damages, the court may also order interim relief, such as freezing assets or freezing bank accounts, if it deems it necessary.
Judgments are typically written, and parties are notified in writing.
6. Appeals:
If a party is dissatisfied with the judgment of the Court of First Instance, they may appeal the decision to the Court of Appeal. The Court of Appeal has the power to either affirm, amend, or reverse the judgment.
Further appeals can be made to the UAE Federal Supreme Court, but only on certain grounds, such as errors in law or serious procedural irregularities.
The time limit for appealing a judgment is usually 30 days from the date of receiving the judgment.
7. Enforcement of Judgments:
Once a judgment is final, the winning party can request enforcement of the judgment if the losing party does not voluntarily comply.
The court can take various enforcement measures, such as seizing assets, garnishing wages, or freezing bank accounts to satisfy the judgment.
The UAE Enforcement Law regulates these processes, ensuring that judgments are effectively enforced.
8. Time Limits and Statute of Limitations:
The UAE Civil Procedure Code sets specific statutes of limitations for different types of claims. For example:
Contract disputes typically have a limitation period of 15 years.
Claims for personal injury or property damage generally have a limitation period of 3 years.
Once the limitation period expires, the claimant may no longer pursue the claim in court, though there may be exceptions in certain circumstances.
9. Alternative Dispute Resolution (ADR):
The UAE encourages Alternative Dispute Resolution (ADR) methods, such as mediation and arbitration, to settle disputes outside the formal court system.
Many commercial disputes, especially those involving international parties, may be subject to arbitration under various rules, including those of the Dubai International Financial Centre (DIFC) or the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).
Mediation and arbitration are considered viable alternatives to lengthy and costly litigation, and courts may suggest or refer cases to ADR in certain instances.
10. Legal Costs:
The general principle is that the losing party pays the legal costs of the prevailing party, although the court has discretion to vary this based on the circumstances of the case.
Legal costs may include the payment of court fees, the prevailing party’s attorney’s fees, and other related expenses.
The court may also award costs for procedural delays or abuse of the legal process.
11. Family and Personal Status Matters:
While the UAE follows civil law principles for most civil cases, family law matters (such as divorce, inheritance, and child custody) are governed by Sharia law in the courts of the Emirates, except for expatriates, who may be allowed to apply the law of their home country in certain cases.
There are also family courts specifically designated to handle family-related disputes, including those involving marriage, divorce, and inheritance.
Conclusion:
The Civil Procedure Code of the UAE establishes a detailed legal framework for civil litigation, aiming to provide a transparent and efficient process. With a clear emphasis on written documentation, formal hearings, and the potential use of alternative dispute resolution (ADR), the system is designed to facilitate fair and timely resolution of civil disputes.
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