The president of UAE 18 September 2017 issued a Federal Decree Number 10 of 2017 amending the Federal Law Number 11 of 1992 concerning the Civil Procedures Code (the Decree). The concerned Decree has promulgated the introduction of remote technology as a gateway for “E-Trials” in civil proceedings. The Decree will come into force post six (6) months from the date of publication.
The objective of the Decree is a further advancement in the legal structure, enhancing and ensuring effective judicial system, accommodate fast-track civil trials and to keep up with the cutting edge innovative changes in the civil procedures law. It is foreseen that post one year from now; the Decree will allow courts to permit video conferencing in trials and specific courts to entertain cases in relation to employment, Intellectual property, contractual, and financial. It is comprehensible from the acts of the UAE government and courts that keeping pace with the latest technologies hold significant dominance in the country. Lawyers in Dubai will guide you through this article to understand the recent change in the protocol followed by the court, bearing in mind the latest technological advancements.
An Addition to Civil Law
As an amendment to the Civil Procedure Law, the Decree tends to add a new chapter known as “Usage of Remote Communications in Civil Proceedings” wherein Article 332 defines ‘remote communication technologies’ as tools enabling communications through audio and/or videos between two or more parties present in different locations, to transfer documents such as registration of civil or execution cases or legal notices. It further includes video conferencing in civil court trials or before the special courts so designed. The Decree has left the requirements pertaining to attendance and publicity on the discretion of the court or when the communication will occur.
Pursuant to Article 335, the civil court or any special court judge has the authority to allow remote communication in the trial, when it may deem fit, at every or any stage to facilitate the proceedings. However, in any event, during a remote trial, if a party wish to attend the proceedings physically, the party can submit such request and the court post notifying the other party will consider such request.
The Decree has placed its emphasizes on confidentiality of the trials; thus, in order to safeguard the interest of parties, the Decree states that every single electronic communication or date will be treated as confidential and it will not allow further distribution, without prior permission of the relevant court. These communications will be subject to the laws pertaining to rules and regulations of data security in UAE. In addition, the Decree underscores that information or data gathered by the remote communication process will be registered and managed electronically. These records may just be distributed, surveyed, duplicated or erased from the system only upon prior consent of the court. Importantly, the electronic signature and documents shall hold similar meaning as that of signature under the Federal Law Number 10 of 1992on the Law of Evidence and Federal Law Number 1 of 2006 regarding the E-Commerce.
Ensuring Swift Justice
It is clear why the judiciary is the third stem of the system. Its capacity to guarantee an impartial society advances bliss and reasonableness. The UAE’s most recent move to enable its legal framework through new age innovation and means will make it more brilliant and quicker. Equity won’t be postponed, or denied, rather assisted and sought in all reasonableness.
We foresee that the concerned Decree will turn out to be a unique advantage for the courts in UAE as it will assist in seeking foreign legal help, utilising reports of external experts, in consonance with the international treaties signed by UAE. In lieu of the foregoing, UAE has signed several reciprocal judicial collaborations with countries like GCC, China, Egypt, and France.
Following are the notable and significant amendments in the Civil Law post the issuance of the concerned Decree:
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Mediation in Criminal Cases
With a view of promoting mediation in UAE, the Decree has established a ministry to resolve petty criminal cases such as cheques bounces, a misdemeanour, and family matters. The public prosecutor will create a passage of mediation between the complainer and the accused for some instances of misdemeanour. They will be trained to use a customised platform for mediation to reduce criminal liability and sentences in such cases and reduce the burden of criminal courts.
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Unified centre for translation
To ensure a fair trial for non-Arabic speakers, a translation centre will be set up, which will translate to the other party through electronic means. The centre will reduce the cost of translating, will save time and human resources. It will preserve the quality of translation and will ensure the rights of defence of accused especially in criminal cases.
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Videoconferencing
As discussed above, the commercial cases can be resolved through video conferencing which will be utilized in examining the witnesses, experts or parties through electronic means in a trial.
Another significant change in the new Law is the acceptance of photocopied documents in the civil cases being entertained through remote technology. In this regards, the opposing party cannot object such submissions, unless the dispute is about the veracity of the document. It further punishes the party who unjustifiably argues on the presentation of photocopied documents, and if the court opined that the documents are valid, a fine of not less than AED 1,000 could be imposed on the party.
Conclusion
The significance of the concerned regulation is that it upgrades the role civil judge in dealing with cases emphatically and vesting the judge with an apparatus to guarantee progressive and speedy results and to prevent the parties from illegal ways to resolving disputes. It is advised to seek the assistance of Dubai Law Firms to before filing any litigation matter through E-courts system in Dubai.
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