The legal system in the United Arab Emirates (UAE) is a blend of civil law, Sharia law, and customary law. Civil Case In UAE are among the most common types of disputes brought before UAE courts. These cases typically involve private rights and obligations between individuals, businesses, or entities. Understanding the civil litigation process in the UAE is essential for anyone seeking justice within the region.

 

Understanding Civil Law in the UAE

What is a Civil Case?

A civil case refers to a non-criminal dispute involving personal or contractual rights, obligations, or liabilities. These cases can cover a wide range of issues, including:

  • Breach of contract
  • Property disputes
  • Employment disputes
  • Family law matters (excluding criminal violations)
  • Compensation for damages

The Legal Framework

Civil cases in the UAE are governed by the Federal Law No. 11 of 1992 on the Civil Procedure Code. Sharia principles may also influence judgments, particularly in family and inheritance disputes.

 

Steps in Filing a Civil Case

1. Attempting Amicable Resolution

Before initiating a lawsuit, UAE law often encourages parties to attempt reconciliation through negotiation or mediation. This approach helps save time and costs while preserving relationships.

2. Filing a Complaint

The plaintiff must file a written complaint with the appropriate UAE court, accompanied by necessary documents, such as contracts, proof of damages, or correspondence. The complaint should outline the dispute, the legal grounds, and the relief sought.

3. Registration and Payment of Fees

The case is registered once the court fee is paid. Fees depend on the nature and value of the claim.

4. Notification to the Defendant

The court serves a notice to the defendant, informing them of the claim and requesting their appearance.

 

Court Procedures and Hearings

Jurisdiction

The UAE has three levels of courts:

  1. Court of First Instance – Handles initial cases.
  2. Court of Appeal – Reviews appeals against decisions of the Court of First Instance.
  3. Court of Cassation – The highest court, which only reviews points of law.

Submitting Evidence

Both parties must submit evidence to support their claims. This may include written contracts, expert opinions, financial records, or witness statements.

Court Hearings

Hearings are held where both parties present their arguments. The court may adjourn proceedings to allow for further evidence submission.

Judgment

The judge delivers a written judgment based on the evidence and applicable laws. If dissatisfied, either party may appeal.

 

Key Considerations

1. Language of Proceedings

Arabic is the official language of UAE courts. All documents must be translated into Arabic by a certified translator.

2. Role of Lawyers

Although individuals can represent themselves, hiring a qualified lawyer is highly recommended due to the complexity of UAE laws.

3. Timeframe

The duration of civil cases varies depending on the complexity of the case and the willingness of parties to cooperate.

 

Alternative Dispute Resolution (ADR) in the UAE

Mediation

Parties may choose mediation, where a neutral third party facilitates an amicable settlement.

Arbitration

Arbitration is widely used in the UAE, particularly in commercial disputes. The UAE is a signatory to the New York Convention, making arbitral awards enforceable internationally.

 

Challenges in Civil Cases

  • Cultural Differences: Expatriates may find the legal environment unfamiliar.
  • High Legal Costs: Litigation can be expensive, especially for complex cases.
  • Delays: Courts may take time to resolve disputes due to backlogs.

 

Conclusion

Navigating civil cases in the UAE requires a thorough understanding of the legal framework, procedural requirements, and cultural nuances. While the system provides fair mechanisms for resolving disputes, individuals and businesses are encouraged to seek legal counsel to ensure their interests are effectively represented. Whether through litigation or alternative dispute resolution methods, the UAE offers a robust legal environment to safeguard rights and justice.