The Federal Law No. 11 of 1992 (Civil Procedure Code), as modified, as well as the Cabinet Decisions (including Cabinet Decisions 57 of 2018 and 33 of 2020), and other resolutions, etc. issued from time to time, control civil procedure in the UAE. The process for litigation in civil, commercial, administrative, labor, and personal status cases is governed by the Civil Procedure Code. Additionally, it controls how appeals are handled and how judgements are carried out. In the United Arab Emirates, the judiciary is hierarchical and functions both locally and at the federal level.
While Abu Dhabi, Dubai, and Ras Al-Khaimah have their own local judicial systems, Sharjah, Ajman, Fujairah, and Umm Al Quwain are a part of the federal judicial system. They have their own law firms that guide people. The judicial system is divided into courts of first instance and courts of appeal on both the federal and local levels. The court of cassation, the highest court in the relevant Emirate, comes after the court of appeal at the municipal level. The Federal Supreme Court, the highest court in the federal judicial system, comes after the appeals court at the federal level.
In Court Actions
The defendant is required to submit a memorandum of defense after court proceedings are started by filing a statement of claim (together with the pertinent information, such as names and addresses of the parties and specifics of the claim). Following the conclusion of the hearings, the judge will issue a ruling and explain its reasoning.
Application of the Judgment
Execution actions must be started by the judgment creditor as soon as the verdict is rendered. Execution is preceded by writ of execution service, as per Article 97 of Cabinet Decision 57 of 2018. The debtor will receive a notice to pay the debt, and they will have 15 days starting from that date to make payments. These monies must be mentioned with the notice if the execution is based on the delivery of a real estate or personal property, or the evacuation of a property. The notice given to the debtor must also include any scheduled dates for delivery or evacuation.
Temporary Seizure and Other Actions
In accordance with Article 111 of Cabinet Decision 57 of 2018, the court may be asked to temporarily seize the debtor’s property and assets if the judgment creditor has reason to believe, supported by substantial evidence that the debtor will flee, smuggle, or conceal his funds, thereby robbing the creditor of its guarantee of the right to receive funds. Before approving the application for seizure, the court may make any required inquiries and request statements, evidence, and affidavits.
For Further Understandings
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