Civil Case Filing Procedures in the UAE
Civil courts in the UAE follow a pyramidal structure where the Federal Supreme Court is the highest court at a federal level and the Court of Cassation is the highest court at an Emirate level.
Next in the hierarchy of courts are the Courts of Appeal in the relevant Emirate followed by the Court of First Instance in each Emirate.
If you are a resident of Dubai or any other Emirate in the country, it is pertinent for you to understand the hierarchy of courts as well as the procedure of filing civil claims before such courts as advised by Civil Lawyers.
Civil Laws in the UAE
Civil laws in the UAE manage different issues including family concerns, violation of contractual agreements, and other corporatecommercial disputes between several parties.
Federal Law No. 11 of 1992 concerning the UAE Civil Code was recently amended under Law number 10 of 2014 and further amendments through Cabinet Decision 57 of 2018 govern the procedure for filing civil claims before relevant courts.
The law directs the purviews, guidelines, methodology, and strategies regarding Civil Procedural Law.
Four Easy Steps to File a Civil Claim for Expats
Step 1
The first step for any civil, employment, and family disputes is to register the issue before mediation centers facilitated by UAE courts. For instance, commercial dispute resolution committees, family reconciliation center, rental dispute center, and labor dispute center.
The major function of the foregoing authorities is to resolve the dispute amicably between both parties and in the event they see no opportunity to reach an amicable solution, they will allow the parties to register the matter before the court by issuing a NoObjection certificate.
Step 2
After receiving a NOC from the mediation center, the next step for any claimant is to appoint the Best Civil Lawyers in Dubai or any other relevant Emirate.
However, the parties may appoint the lawyers at the mediation stage or post that stage, as they may deem fit. Considering the language barrier and other requirements of the courts in UAE, it is appropriate to appoint a legal consultant in the country to legally represent you before the relevant court authorities.
Step 3
The third step is to register the claim before the civil court (case management officer), where the first step is to submit a “Statement of Claim” drafted in the Arabic Language along with relevant evidence supporting your claim (legally translated in Arabic) along with a legalized power of attorney if the claim is registered through a lawyer.
The statement of claim will entail all relevant details of the parties, facts of the matter, and the request of the claimant. It is important to note that any document procured from outside the country shall be legally attested through a public notary, Ministry of Foreign Affairs and UAE embassy in the country of origin.
Step 4
Upon submitting the first claim, the other party will be summoned before the court and will be allowed to present their defense statement.
Once both the parties are given equal opportunity to present their case, the court will issue a judgment in favor of either party and will oblige them to pay the relevant costs.
Nevertheless, once the judgment is issued, either party has the right to file an appeal before the court of Appeal followed by a petition before the Court of Cassation, in case they are unsatisfied with the judgment issued by the court.
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