United Arab Emirates’ judicial structure is hierarchal, with courts operating at three different levels to deliver justice to its people.

Dubai, Ras Al-Khaimah, and Abu Dhabi have retained their own distinct local judicial systems and judicial system is divided into the courts of first instance, followed by the courts of appeal, followed by the court of cassation in each Emirate. The court of cassation is the highest court at the Emirate level.

Sharjah, Ajman, Fujairah, and Umm Al Quwain have joined the UAE Federal Judicial System. Federal courts in the United Arab Emirates are divided into courts of first instance, appeal, and Federal Supreme Court, which is the highest court in the federal judiciary system.

Applicable Laws

The primary law governing the civil procedure in the UAE is the Federal Law No. 11 of 1992, as amended from time to time (Civil Procedure Code). The Civil Procedure Code sets out the jurisdiction, procedures and methods for litigation in civil, commercial, administrative, labor and personal status disputes. The Civil Procedure Code also regulates the process of appeals and execution of judgments.

The Civil Procedure Code is to be read with cabinet decisions issued from time to time (such as the Cabinet Decision No 57 of 2018, Cabinet Decision No 33 of 2020) and related resolutions, which cover the entire ambit of civil suits in the UAE.

Given the hierarchal nature of the judicial system in the UAE, it is important to understand the process of how a civil suit can be filed before the relevant UAE courts.

Before Filing a Case

The UAE judicial system provides for mediation for civil, labour and personal matters through committees before a case is filed with the court of first instance. The reason for establishing the mediation centres is to resolve disputes amicably without going through the process of litigation. In case the dispute has not been resolved through the mediation committee, the litigating party may file a case with the court of first instance by obtaining a ‘no-objection’ letter from the mediation committee.

The parties may choose to appoint lawyers either at the time of conducting mediation or as part of filing the case before the court of first instance. Appointing an efficient local lawyer is a crucial step in the litigation process as the courts primarily use Arabic language in their operations. A power of attorney is entered into for this purpose, authorizing the lawyer to carry out the actions and procedures necessary to represent the client in court proceedings including arguments, defenses, and preparing memos.

Filing a Case before the Court of First Instance

The next step is filing a case before the court of first instance having jurisdiction to hear the matter. To initiate this, a statement of claim is filed with the case management office either electronically or in writing. The statement of claim must contain the subject matter of the lawsuit, demands and the grounds thereof, the court before which the lawsuit is filed and the signature of the plaintiff or his representative. All supporting documents, including any expertise report should be filed with the statement of claim. All documents submitted to the court should be in Arabic and translated documents will need to be legally certified if the originals are in a foreign language.

How the Case Proceeds

Once a statement of claim has been entered by the court, a date for hearing is specified based on the administrative discretion of the court. The defendant is notified and is required to submit a memorandum of defense along with supporting documents, either electronically or in writing.

The litigants or their attorneys are to be present on the date of hearing, with the plaintiff having the right to present its case first.

Judgment

Upon completion of the pleadings, the judge will issue the judgment which would include overview of the facts, demands, summary of the defense and the grounds of judgment.

The courts are entitled, under Article 187 bis of the Civil Procedure Code, to retract a judgment issued by the court in case the judgment is: (a) tainted by a procedural error made by the court or its auxiliary body effecting the conclusion reached in the judgement; (b) based on repealed law; or (c) in violation of judicial principles decided by the courts.

Appeals

The decision of the courts of first instance can be appealed to the courts of appeal, unless the judgment has been accepted either implicitly or expressly or where the law prescribes for no appeal. An appeal from the decision issued by the appellate court may be submitted to the cassation court as per the Civil Procedure Code.

Conclusion

The courts system in UAE is efficient and aims to resolve disputes expeditiously and judiciously. That said, given the language of the courts is Arabic, a local lawyer with expertise in the relevant laws is recommended to ensure that the client is represented properly before the courts.