Civil Case in UAE: Essential Process and Legal Insights

The United Arab Emirates has a clear and organized system regarding civil cases, which aim to resolve disputes between individuals, companies, or organizations. The country has enacted Federal Law No. 11 of 1992, later amended and updated to Law No. 10 of 2014, which regulates the processes, jurisdictions, and methods involved in Civil Procedural Law. By understanding the UAE’s court system and the steps involved in filing a civil case, individuals can better navigate the legal landscape and resolve disputes efficiently and fairly.

Table of Contents

The UAE’s judicial system comprises three levels of courts, ensuring that justice reaches its fullest extent. These levels include the Court of First Instance, the Court of Appeal, and at the federal level, the Federal Supreme Court, while the local level involves the Court of Cassation. This setup allows affected parties to challenge the case and present additional evidence, as long as it adheres to the provisions of the law. To file a lawsuit, a plaintiff or their representative must submit a statement of claim and supporting documents to the appropriate court, either in person or through electronic submission.

Understanding Civil Cases in UAE

Civil Case vs Criminal Case

In the UAE, the legal system distinguishes between civil cases and criminal cases. Civil cases are legal disputes that involve private individuals or entities, while criminal cases involve the prosecution of someone who has been accused of committing a crime. Civil cases typically involve disputes over property, contracts, and personal injury claims. The responsibility of proving the case lies with the claimant in civil cases, while in criminal cases, it is the prosecutor’s duty to prove the defendant’s guilt.

Types of Civil Cases

In UAE, there are several types of civil cases that are handled by specialized circuits of courts. The court circuits are branches of court according to each specialty and jurisdiction. Here are a few types of civil cases handled in UAE courts:

Personal Status Cases: These cases involve family disputes, like marriage, divorce, child custody, and inheritance.
Contract Disputes: Disagreements that arise from a breach of contract or disagreements related to terms and conditions are considered contract disputes.
Property and Real Estate Disputes: These cases involve disputes between parties over ownership, transfer, or usage of a piece of property, including residential, commercial, or industrial.
Labor and Employment Disputes: When disagreements arise between an employer and employee, including matters such as salary, termination, or wrongful dismissal, they are classified as labor and employment disputes.
Personal Injury Claims: These cases involve injuries sustained due to someone’s negligence, such as car accidents, medical malpractice, or workplace accidents, resulting in compensation claims.

In the UAE, civil cases are governed by the UAE Civil Transactions Law and the UAE Civil Procedure Law. These laws provide guidelines for the court system when handling various civil disputes. It is essential for individuals and businesses to understand the types of civil cases and the legal framework within which they are addressed in the UAE.

Civil Procedural Laws

Federal Law No. 11 of 1992

The UAE’s civil procedural laws are guided by a set of legal frameworks, aimed at ensuring fair and just resolution of civil disputes. One of the foundational laws governing civil cases in the country is the Federal Law No. 11 of 1992. This law deals with civil procedures and lays down the necessary guidelines for filing a lawsuit, mediation, appointment of attorneys/lawyers, appearing before court, ending a civil action, and appealing against a judgment¹.

Federal Law No. 11 of 1992 provided a structure for the following key procedural aspects:

Filing a lawsuit: The process of filing a civil case is clearly outlined, with specific requirements on documentation, representation, and jurisdiction.
Mediation: The law encourages parties to resolve disputes through amicable means, such as mediation, before seeking legal remedies in court.
Appointment of attorneys/lawyers: Regulation of legal representation to ensure that parties have access to competent legal counsel.
Appearing before court: The legal procedures to be followed during court appearances, including rules of evidence and submissions.

Law No. 10 of 2014

In 2014, the UAE introduced another significant legislation, the Law No. 10 of 2014. While it did not replace Federal Law No. 11 of 1992, it amended and clarified certain aspects of the existing civil procedures law. This newer law sought to streamline the litigation process, enhance efficiency, and address changing needs in the country’s civil justice system.

The Law No. 10 of 2014 introduced the following key changes:

Coordination of enforcement: Enhanced cooperation between enforcement authorities to ensure the effective implementation of judgments.
Electronic filings: Introduction of electronic filing of documents to increase efficiency and reduce procedural delays².
Statutory interest: Clarification on the applicable interest rates in commercial transactions.

The civil procedural laws in the UAE continue to evolve to cater to the needs of a rapidly growing economy and society, and the legal frameworks governing civil cases provide a comprehensive and clear roadmap for the resolution of disputes in the country.

Civil Case Process

Filing a Claim

In the UAE, the civil case process begins with filing a claim. A claimant must consult a lawyer to discuss the legal grounds of their case and prepare the necessary documents. The statement of claim must be submitted to the court with jurisdiction over the matter. The court will then assign a case number to the claim and notify the defendant about the claim filed against them ¹.

Defendant’s Response

Upon receiving the notification, the defendant has a limited period to submit their response to the court. This response typically includes a written statement outlining the reasons behind their plea and any counter-arguments against the claimant’s grounds. It is crucial for the defendant to provide a thorough and accurate defense to avoid adverse judgments ².

Hearings

Once both parties have submitted their documents, the court schedules a series of hearings for the judge to examine the evidence and listen to witness testimonies. During these hearings, the judge may ask the parties to clarify aspects of their statements or provide additional information. In some instances, the court may also request experts to offer their insights on specific aspects of the case ³.

Judgements

After considering the arguments, evidence, and legal grounds from both parties, the judge issues a judgment. The judgment typically includes the reasoning behind the decision and the specific obligations or actions the parties must take. In case either party is dissatisfied with the judgment, they have the right to appeal the decision to a higher court, such as the Court of Appeal ⁴.

By following the structured civil case process in the UAE, both claimants and defendants can ensure that their case is heard and evaluated fairly, with the potential for a satisfactory resolution.

Key Players in a Civil Case

In a civil case in the UAE, there are several key players involved in the legal process. These individuals play a crucial role in addressing and resolving disputes between parties. This section focuses on the main participants in a civil case, including the plaintiff, defendant, lawyers, and judges.

Plaintiff

The plaintiff is the individual or entity who files a lawsuit against another party. Plaintiffs generally seek compensation or other remedies for a perceived wrong, such as a breach of contract or tortious conduct. In the UAE, a plaintiff’s statement of claim must include their personal details, the subject-matter of the lawsuit, the requests and grounds, the date of submission, and the court in which the lawsuit is filed ¹.

Defendant

The defendant is the person or entity being sued by the plaintiff. They are responsible for defending themselves against the plaintiff’s allegations and may present counterarguments or evidence to refute the claims. In some instances, a defendant can also file a counterclaim against the plaintiff in response to the initial lawsuit.

Lawyers

Lawyers represent and provide legal advice to both the plaintiff and defendant in a civil case. They are responsible for preparing and presenting their client’s case, negotiating with the other party, and appearing in court on their client’s behalf. The primary law governing civil procedure in the UAE is the Federal Law No. 11 of 1992, known as the Civil Procedure Code². Lawyers play an essential role in navigating the complexities of this legal framework to best represent their clients’ interests.

Judges

Judges are the impartial adjudicators in civil cases. Their role is to oversee the legal proceedings, ensure that laws and procedures are followed, evaluate the evidence presented by both parties, and ultimately make a decision on the dispute. In the UAE, judges have the authority to either rule in favor of the plaintiff and award compensation or another remedy, or dismiss the case if they find that the plaintiff’s claims lack sufficient merit.

In conclusion, the key players in a UAE civil case—plaintiffs, defendants, lawyers, and judges—each play a significant role in the resolution of legal disputes. Understanding their individual functions and responsibilities is essential to navigating the complex landscape of civil litigation in the UAE.

The Court System

Court of First Instance

In the UAE, the Court of First Instance is the initial level of judiciary that primarily deals with criminal, civil, and commercial cases. The court’s division is based on the scope of the case and expertise of the judges. The judges at this level are responsible for examining the evidence, hearing the arguments, and rendering a decision on the matter at hand.

Court of Appeal

If a party is not satisfied with the decision made in the Court of First Instance, they have the opportunity to appeal it to the Court of Appeal. This higher court reviews the proceedings and decisions made in the lower court, examines the legal aspects of the case, and evaluates whether any errors were made during the process. If the Court of Appeal upholds the lower court’s decision, or if new evidence is presented, the case may be remanded for further proceedings.

Court of Cassation

For cases that not resolved in the Court of Appeal, the final option lies with the Court of Cassation. This is the highest court in each Emirate and it primarily deals with disputes related to the interpretation and application of the law. The Court of Cassation examines the legal reasoning of lower court decisions to determine if the law was correctly applied. It does not review or re-examine the facts of the case; its jurisdiction is limited to questions of law.

Federal Supreme Court

The Federal Supreme Court is the highest court in the UAE’s federal judicial system. Its jurisdiction primarily includes disputes between emirates, disputes between the federal government and individual emirates, and issues that involve the constitutionality of federal laws and regulations. The Federal Supreme Court consists of a president and a number of judges with varied legal expertise, ensuring a just and fair examination of cases brought before them.

The UAE court system is designed to provide a structured, efficient, and impartial means of resolving disputes within the country. With each level of court offering specific expertise and authority, parties in civil cases can be confident that their concerns will be heard and addressed by knowledgeable and experienced professionals.

Language and Translation Requirements

Importance of Arabic Language

In the United Arab Emirates (UAE), the importance of Arabic language is paramount when it comes to legal proceedings. Documents presented to the UAE courts must be in Arabic, or they should be translated into Arabic by a legal translator approved by the UAE’s Ministry of Justice¹. This requirement is outlined in Federal Law No. 11 of 1992, which regulates civil procedures in the country². The efficiency of the litigation process is often facilitated by strict adherence to language requirements, ensuring parties and the courts fully understand the case.

Legal Translators

Legal translators play a significant role in the litigation process in the UAE. When the official language of a defendant is not Arabic, the plaintiff is required to provide an official translation of the court notice in English³. This fosters effective communication and ensures defendants who do not speak Arabic are not disadvantaged during the legal proceedings.

Additionally, in situations where documents are submitted to the courts in another language, parties must translate them into Arabic using a licensed or authorized translator⁴. This ensures that all parties and the court have a clear understanding of the contents of the documents and their relevance to the case. In turn, this helps maintain the fairness and efficiency of the legal process.

Fees and Costs

When dealing with a civil case in the UAE, it’s essential to understand the various fees and costs associated with the process. This section will provide an overview of the expenses you may encounter, including court fees, lawyers’ fees, and other related expenses.

Court Fees

Court fees in the UAE are imposed by the Ministry of Justice for each stage of the litigation process. They typically range between AED 10,000 and AED 15,000 for filing a civil case. Fees may vary depending on factors such as the jurisdiction and the complexity of the case. It is worth noting that the Abu Dhabi Emirate introduced Judicial Fees Law No. 6 of 2013, which regulates the fees payable before the local courts.

Lawyers’ Fees

In addition to court fees, you should also consider the cost of hiring a lawyer. Legal representation rates can vary depending on the complexity of the case and the level of expertise required. It is important to discuss the anticipated fees upfront with your chosen attorney, as well as any additional charges that may apply, such as travel expenses or consultation fees outside of regular working hours.

Other Expenses

There are other expenses which may be associated with a civil case in the UAE:

Expert fees: If the court appoints an expert to provide clarity on specific aspects of the case, additional fees will apply. The Labour Court, for instance, has the discretion to decide the fee payable to an appointed expert, which may range between AED 5,000 to AED 10,000, depending on the complexity of the issues.
Translation costs: If your case involves documents in a foreign language, you may need to pay for translating those documents into Arabic, as the UAE courts operate in the Arabic language.
Administrative fees: Certain administrative fees may apply, such as fees for obtaining copies of documents or for getting documents notarized.

Being aware of the various fees and costs involved in a civil case in the UAE will help you better prepare. It is essential to budget for these expenses and discuss them with your legal representative to ensure a smooth litigation process.

Evidence and Documentation

In the United Arab Emirates (UAE), the handling of evidence and documentation during civil cases is governed by the country’s new evidence law, Federal Decree Law No. 35 of 2022. This law aims to keep pace with technological advancements in legislation and replaces the old one.

In UAE civil cases, evidence plays a critical role in determining the outcome of the case. The parties involved must present relevant and admissible evidence to prove their claims or defenses. Evidence can include documents, contracts, witness statements, expert opinions, and other supporting materials that help establish the facts of the case.

Documents and Contracts
Documents such as contracts are key pieces of evidence in civil cases. In the UAE, written agreements carry significant weight as evidence. Parties should ensure that any contracts or documents they wish to use as evidence adheres to UAE laws and regulations, are properly drafted, and have been executed in accordance with local requirements.

Witness Testimony
Apart from documents, witness testimonies can also be crucial in establishing facts during civil cases. Witnesses may be called upon to provide oral evidence in court or submit written testimonies in written form, depending on the nature of the case and the discretion of the judge.

Expert Opinions
Expert opinions are often utilized in civil cases where technical or specialized knowledge is required to establish facts or decipher the contents of documents and contracts. The UAE Evidence Law provides guidelines for the appointment and use of experts in legal proceedings, ensuring that their opinions are unbiased, relevant, and based on their area of expertise.

To ensure a fair trial, UAE’s legal system follows strict procedural rules relating to the admissibility of evidence, disclosure obligations of the parties, and the standard of proof required. Knowing these rules and collecting relevant evidence that complies with the applicable laws and regulations is essential for the success of any civil case in the UAE.

Alternate Dispute Resolution Options

The United Arab Emirates (UAE) offers various alternative dispute resolution options to help parties resolve civil cases without resorting to litigation. These options include mediation, settlement, and reconciliation committees.

Mediation

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates communication between the disputing parties to help them reach a mutually acceptable resolution. The UAE’s court system supports mediation through specialized centers, such as mediation and conciliation centers, that handle different types of civil disputes. These centers employ qualified mediators who assist individuals and businesses in finding common ground and working out feasible solutions to their disagreements.

Settlement

Settlement is another form of alternative dispute resolution that involves negotiated agreements between disputing parties. In the UAE, different arbitration institutions, such as the Dubai International Arbitration Centre (DIAC), Abu Dhabi Commercial Arbitration Centre, and DIFC-LCIA Arbitration Centre, handle commercial disputes. These institutions provide a framework for parties to resolve their conflicts through structured negotiations, with the goal of reaching a satisfactory and legally binding settlement agreement.

Reconciliation Committees

Reconciliation committees are a unique feature of the UAE’s dispute resolution landscape. These committees specialize in specific types of disputes, e.g., commercial disputes resolution committees, family guidance committees, and labour dispute resolution committees. Disputing parties can approach these committees before filing a case in the court system to explore the possibility of resolving their conflicts in a less confrontational and more cost-effective manner. The reconciliation committees work closely with the parties to review the facts and propose pragmatic solutions to their disputes.

By offering alternative dispute resolution options, the UAE aims to provide efficient and effective means for individuals and businesses to resolve civil disputes without relying solely on traditional court litigation. These methods promote cooperation, cost-saving, and timely resolutions, benefiting all parties involved in the process.

Enforcement and Execution of Judgements

Executing Judgements in UAE

In the UAE, the enforcement of judgements is overseen by an execution judge. After obtaining a judgment from the court, a creditor must apply to the execution judge for enforcement. The execution judge then initiates an “execution case,” in which they serve a summons notice to the debtor, requesting the payment of the debt within 15 days from the date of the notification.

Execution representatives play a vital role in the process, acting on behalf of the plaintiff or their legal representatives. They are responsible for submitting the statement of claim and supporting documents to the Case Management Office to initiate the execution process.

During the execution process, the execution judge may use various enforcement mechanisms, including the seizure and sale of the debtor’s assets, the freezing of the debtor’s bank accounts, and the imposition of travel bans on the debtor until the judgment is fully executed.

Executing Judgements Issued Abroad

For the implementation of judgements issued abroad, foreign judgments must be classified under Article 85 of the Executive Regulations as capable of enforcement and execution in the UAE. After obtaining the necessary exequatur, which is an official recognition by the UAE courts, a creditor can apply for enforcement of the foreign judgement following a similar process as domestic judgements.

The execution judge reviews the foreign judgement and determines whether it meets the requirements for enforcement under UAE law. Factors considered by the execution judge include the reciprocity between the UAE and the foreign jurisdiction, the jurisdiction of the foreign court, and if the judgement is final and enforceable in the originating country.

Once approved, the execution judge proceeds with the enforcement process, using the same mechanisms as in the enforcement of UAE judgements, ensuring that the rights of both the creditor and debtor are adequately protected.

In conclusion, the enforcement and execution of judgements in the UAE involve a combination of judicial oversight, the cooperation of execution representatives, and adherence to legal regulations. Whether domestic or foreign, judgements are subject to clear processes and established enforcement mechanisms to ensure the fair and efficient settlement of civil and commercial disputes.

Appeals and Nullification

Filing an Appeal

In the UAE, parties involved in a civil case have the right to file an appeal after the judgment of the Court of First Instance. An appeal can be filed at the Court of Appeal within a specific period, usually 30 days after the judgment. The appellant must submit a written statement outlining the reasons for the appeal, along with any supporting documents. Appeals are typically reviewed by a panel of judges who will either uphold the original decision or alter it based on the appellant’s arguments and the facts presented.

Nullification

Nullification refers to the process of invalidating a court judgment due to certain grounds, such as a violation of the law or procedural errors. In the UAE, a party can request nullification of a judgment by the Court of Cassation, the highest court in the country. This court has the power to nullify a judgment if it finds that the lower court’s decision was based on incorrect application or interpretation of the law, or if there were procedural errors that impacted the outcome of the case. If nullification is granted, the Court of Cassation will either issue a new judgment or remand the case to the lower courts for re-trial.

Revocation

Revocation, in the context of UAE civil cases, is a remedy available to parties when new facts or evidence come to light after a judgment has been issued. If a party believes that the new evidence would have significantly altered the outcome of the case, they can file for revocation within a certain time frame, usually 60 days after discovering the new facts. The court will then review the new evidence, and if it is deemed relevant and could have affected the judgment, the original decision may be revoked and the case may be reheard.

To summarize, the UAE legal system provides a structured process for appeals, nullification, and revocation in civil cases, ensuring parties have the opportunity to address any errors or new evidence that may arise during the course of litigation.

Specific Categories of Civil Cases

In the UAE, civil cases can be broadly categorized into four main types: Commercial Disputes, Family Disputes, Labour Disputes, and Rental Disputes. Each type of dispute has its dedicated resolution committee, which plays a vital role in addressing the issues in a specialized manner.

Commercial Disputes

Commercial disputes in the UAE can arise from various aspects of business operations such as contracts, trade, investments, and corporate governance. The government has established Commercial Disputes Resolution Committees to handle such cases. These committees are responsible for ensuring a fair and efficient resolution of disputes between parties in the business sector. They use their expertise to analyze the case, assess the evidence, and make informed decisions in line with UAE laws and regulations.

Family Disputes

Family disputes in the UAE encompass legal issues related to marriage, divorce, child custody, alimony, and other family matters. To address such sensitive issues, the country has established Family Guidance Committees that provide mandatory pre-litigation counseling to the parties involved. These committees aim to resolve conflicts by offering guidance, advice, and assisting the parties in reaching an amicable settlement. If the dispute is not resolved during the committee’s sessions, it can then be referred to the court for a formal adjudication process.

Labour Disputes

Labour disputes primarily involve employment-related issues such as wages, termination, work conditions, and employee rights. In the UAE, Labour Dispute Resolution Committees have been established to handle these cases. These committees examine the disputes and strive to resolve them in accordance with UAE labour laws. If the parties fail to reach an agreement through the committee’s mediation, the dispute is then escalated to the courts for further action.

Rental Disputes

Rental disputes in the UAE arise from disagreements between landlords and tenants concerning the lease agreement, rental payments, property maintenance, or eviction. To address these matters, Rental Dispute Resolution Committees have been set up across the country. These committees have jurisdiction over rental disputes and are designed to provide a streamlined, specialized platform for resolving such issues. They use their expertise in property law to mediate between parties, make informed decisions, and promote amicable settlements whenever possible.

Frequently Asked Questions

What is the punishment for civil cases in the UAE?

In the UAE, civil cases generally involve disputes between individuals or entities regarding their rights and obligations. The punishment for civil cases typically involves financial compensations or specific performance required by the defendant, rather than imprisonment or other criminal penalties. The courts will decide the appropriate remedy depending on the nature of the case and evidence presented.

Can you go to jail for a civil case in the UAE?

No, generally one cannot go to jail for a civil case in the UAE. Civil cases are focused on resolving disputes between parties and usually involve financial compensations or enforcing certain legal rights. Criminal cases, on the other hand, deal with offenses against society and may result in imprisonment, fines, or other penalties.

How can you check the status of a civil case in Dubai?

To check the status of a civil case in Dubai, individuals can use the online Search for the status of the case service provided by the UAE government. This service allows users to enter their case ID and obtain information about its current progress and status.

What is the fee structure for filing a civil case in Dubai?

The fee structure for filing a civil case in Dubai depends on several factors, including the nature of the dispute, the amount claimed, and the type of court the case is filed in. It is recommended to consult with an experienced attorney who can guide you through the entire process and provide accurate information about the applicable fees.

What is the difference between criminal and civil cases in the UAE?

The main difference between criminal and civil cases lies in the nature of the disputes and the resulting penalties. Criminal cases involve offenses against society, and the penalties may include imprisonment, fines, or community service. On the other hand, civil cases usually deal with disputes between individuals or entities, and the remedies are generally limited to financial compensations or specific performance.

What is the minimum amount required for filing a civil case in the UAE?

There is no specific minimum amount required for filing a civil case in the UAE, but the value of the claim may impact the fees associated with filing the case and the jurisdiction of the court. Small claims are typically dealt with in specialized tribunals or divisions, while larger claims are handled by the main civil courts. It is advisable to consult an attorney to determine the best course of action for your specific circumstances.