Filing a Civil Case in the UAE: A Step-by-Step Guide

  • 05 October
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In the UAE, bringing a civil case can seem stressful, particularly if you've never dealt with the legal system before. But understanding the procedure in detail can help make it more manageable. Whether you're a business or an individual, understanding how civil cases work will prepare you for what’s ahead. A reputable law firm in Dubai can help guide you through this process. Let's break down the process of filing a civil case in the UAE for 2023-2024.

1. Understand the Basics of Civil Cases in the UAE

Civil cases in the UAE cover disputes between individuals, businesses, or other organizations. These could be disagreements over contracts, property, family matters, or any other non-criminal issues. The civil courts in the UAE operate under the Federal Law No. 11 of 1992, known as the Civil Procedures Law, which has undergone several amendments to adapt to modern needs.

In 2021, some amendments were introduced to make the civil justice system faster and more accessible, and they are still relevant in 2023. The most notable change was the introduction of online case filings, making it more convenient for people to submit their cases.

2. Jurisdiction and Courts in the UAE

Before filing a civil case, it’s crucial to know which court has jurisdiction over your matter. The UAE legal system is divided into federal and local courts, with each emirate having its own courts.

  • Federal Courts : This is where it all starts. One party makes an offer, and the other party accepts it. Seems straightforward, right? Well, in the UAE, this step can happen verbally or in writing, or even by conduct (actions that imply agreement). According to Article 125 of the UAE Civil Code, mutual consent must be clear for a contract to come into existence.
  • Local Courts: A contract must be for a lawful purpose. You can’t enforce a contract for something illegal. If, for instance, someone tries to enforce a contract for the sale of prohibited goods in the UAE, like narcotics, the court will deem the contract void. It’s not just about the agreement but also the legality of what’s being agreed upon.

In general, cases should be filed in the emirate where the defendant resides or where the dispute occurred. If you're unsure, it’s best to consult with expert Dubai Advocates.

3. Pre-Litigation Requirements

Before jumping into a lawsuit, some disputes require a pre-litigation step known as mediation or conciliation. This is particularly true for family disputes or labor-related cases. The UAE encourages parties to settle disputes amicably whenever possible. As of 2024, certain cases must go through the Mediation and Conciliation Centers before being escalated to court.

For example, in labor disputes, the Ministry of Human Resources and Emiratisation requires parties to attempt mediation. If no agreement is reached, a case can then proceed to the court.

4. Hiring a Lawyer

It is highly recommended to hire professional Dubai advocate and legal consultant who is experienced in UAE civil law. Although it's possible to represent yourself, UAE courts often require documents and pleadings to be submitted in Arabic, and the legal proceedings can be quite complex. Having a lawyer ensures that you meet all deadlines, submit documents properly, and understand the legal terms used in court.

Legal representation becomes mandatory if the case value exceeds AED 500,000 (approx. USD 136,000), as stipulated in the amendments to the Civil Procedures Law introduced in 2021.

5. Filing the Case: Documentation and Fees

Once you have all the required documents ready, you can file the case. You’ll need to submit the following:

  • Statement of claim: This outlines the nature of your dispute, your claims, and the evidence supporting it.
  • Supporting documents: This can include contracts, invoices, and other relevant paperwork.
  • Power of attorney: If you are using a lawyer, they will need a power of attorney.
  • Identity documents: Such as a copy of your Emirates ID or passport

The UAE courts have adopted electronic filing systems to make this process easier. You can submit your case online through the UAE Ministry of Justice’s e-services platform. In Dubai, cases can be filed through the Dubai Courts’ Smart Portal.

The court fees vary depending on the type and value of the case. In Dubai, for instance, the court fee is generally around 5% of the claim amount, with a minimum fee of AED 500 and a maximum of AED 40,000 (as of 2024).

6. Court Proceedings

Once the case is filed, the defendant is given a chance to respond to the claims. The court will then schedule a hearing, during which both parties can present their arguments and evidence. Hearings are usually spaced out over weeks or months, depending on the complexity of the case.

In 2021, new measures were implemented to expedite cases. For simple cases with clear documentation, the courts now aim to resolve matters in 90 to 120 days. However, more complex cases can take 6 months to over a year.

7. Expert Testimony

In cases where technical expertise is required, such as construction disputes or medical negligence cases, the court may appoint an expert to provide an opinion. The expert will meet with both parties, examine evidence, and submit a report to the court.

It’s essential to note that expert fees are often borne by the parties, and these can range from AED 5,000 to AED 20,000 or more, depending on the case.

8. Judgment

Once all the hearings and evidence submissions are complete, the judge will issue a ruling. This is called the primary judgment. If either party is dissatisfied with the ruling, they have the right to appeal the decision to a higher court. The appeal must be filed within 30 days of the judgment.

9. Appeals

In the UAE, civil cases can be appealed twice: first to the Court of Appeal, and then to the Court of Cassation (in Dubai and Abu Dhabi) or the Federal Supreme Court (in other emirates).

Each court level reviews the case thoroughly, and the process can add another 6 months to a year to the timeline. Appeals are typically focused on legal errors rather than factual disputes.

10. Enforcement of Judgments

After a final ruling, the winning party can enforce the judgment. This involves the losing party complying with the court’s decision, whether it's a payment, returning property, or taking other actions. If the losing party fails to comply, the court can take enforcement measures such as freezing bank accounts, seizing assets, or even issuing travel bans.

In 2022, the UAE also introduced a fast-track enforcement procedure for certain cases, ensuring quicker compliance.

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