Civil litigation UAE: what the law requires

Civil litigation in the UAE is governed by Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedure Code, which applies to all civil disputes in the UAE, providing a framework for the resolution of civil claims through the court system.

Related Services: Explore our Courts Litigation Services and Litigation & Dispute Financing services for practical legal support in this area.

WHAT ARE THE PROCEDURES FOR FILING A CIVIL CLAIM IN THE UAE?

A civil claim in the UAE is filed by submitting a claim form to the court, as outlined in the Civil Procedure Code.
The claim form includes the claimant's details, the claim value, and the relief sought. According to Article (20) of the Civil Procedure Code, the UAE courts have jurisdiction over foreigners who have no place of residence or domicile in the state in certain cases, such as when the foreigner has an elected domicile in the UAE, or when the legal proceeding relates to property or an obligation that is executed or performed in the UAE.

The claim form is typically accompanied by supporting documents and fees, which can include contracts, invoices, and witness statements. The court may also require additional documentation, such as expert reports or certificates of authentication. The claimant must pay the required court fees, which can range from a few thousand to several hundred thousand dirhams, depending on the complexity of the case and the stage of litigation. For instance, the fee for filing a civil claim can range from AED 1,000 to AED 10,000, while the fee for appealing a decision can range from AED 5,000 to AED 20,000.

HOW ARE COURT FEES DETERMINED IN CIVIL LITIGATION CASES IN THE UAE?

Court fees in the UAE are determined based on the type of case and the stage of litigation, as specified in the Civil Procedure Code.
The court fees in the UAE can range from a few thousand to several hundred thousand dirhams, depending on the complexity of the case and the stage of litigation. According to Article (74) of the Civil Procedure Code, the court or the supervising judge may order a fine of not less than AED 1,000 and not more than AED 10,000 against any defaulting employee of the court or against either litigant in the event of failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office.

WHAT IS THE TIMELINE FOR CIVIL LITIGATION CASES IN THE UAE?

The timeline for civil litigation cases in the UAE can vary depending on the complexity of the case and the stage of litigation, as outlined on the UAE government portal.
The timeline for civil cases can range from a few months to several years. The court may also require additional time to review the case and make a decision. The timeline for civil litigation cases in the UAE involves several stages, including the filing of the claim, the submission of evidence, and the court hearings. The court may also schedule mediation or arbitration sessions to resolve the dispute. In general, the timeline for civil litigation cases in the UAE can be broken down into the following stages:

• Filing of the claim: 1-3 months
• Submission of evidence: 1-6 months
• Court hearings: 3-12 months
• Mediation or arbitration: 1-3 months
• Appeal: 3-12 months

WHAT ARE THE REQUIREMENTS FOR FILING A CIVIL CLAIM IN THE UAE?

To file a civil claim in the UAE, the claimant must submit a claim form to the court, which includes the claimant's details, the claim value, and the relief sought, as specified in the Civil Procedure Code.
The claim form must be accompanied by supporting documents and fees. The claimant must also pay the required court fees, which can range from a few thousand to several hundred thousand dirhams, depending on the complexity of the case and the stage of litigation. It is essential to ensure that all required documents are submitted, and fees are paid to avoid any delays or penalties.

WHAT ARE THE CONSEQUENCES OF NOT PAYING COURT FEES IN THE UAE?

According to Article (74) of the Civil Procedure Code, the court or the supervising judge may order a fine of not less than AED 1,000 and not more than AED 10,000 against any defaulting employee of the court or against either litigant in the event of failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office. This highlights the importance of adhering to the court's requirements and deadlines to avoid additional costs.

CAN A FOREIGN LAWYER REPRESENT A CLIENT IN A CIVIL LITIGATION CASE IN THE UAE?

Yes, foreign lawyers can now submit an official request to be added to the Roll of Foreign Lawyers, enabling them to represent litigants before the Abu Dhabi Civil Family Court, as per the recent decision issued by the Abu Dhabi Judicial Department. This development aims to strengthen the role of civil family courts in deciding disputes related to the application of the provisions of Law No. (14) of 2021 on civil marriage and its effects in the Emirate of Abu Dhabi.

WHAT IS THE ROLE OF THE SUPERVISING JUDGE IN CIVIL LITIGATION CASES IN THE UAE?

The supervising judge plays a crucial role in civil litigation cases in the UAE, as outlined in the Civil Procedure Code. The supervising judge may order a fine against any defaulting employee of the court or against either litigant in the event of failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office. The supervising judge may also exempt the fined party from the prescribed penalty, in whole or in part, where the latter furnishes an acceptable reason. This ensures that the litigation process is fair and efficient.

FREQUENTLY ASKED QUESTIONS

What is the jurisdiction of the UAE courts in civil litigation cases?

The UAE courts have jurisdiction over foreigners who have no place of residence or domicile in the state in certain cases, such as when the foreigner has an elected domicile in the UAE, or when the legal proceeding relates to property or an obligation that is executed or performed in the UAE, as specified in Article (20) of the Civil Procedure Code.

What are the consequences of not submitting documents or taking prescribed actions in a civil litigation case?

According to Article (74) of the Civil Procedure Code, the court or the supervising judge may order a fine of not less than AED 1,000 and not more than AED 10,000 against any defaulting employee of the court or against either litigant in the event of failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office.

Can a claimant appeal a decision in a civil litigation case in the UAE?

Yes, a claimant can appeal a decision in a civil litigation case in the UAE, as outlined in the Civil Procedure Code. The appeal process involves submitting an appeal form to the court, which must be accompanied by the required fees and supporting documents. The court will then review the appeal and make a decision, which can be further appealed to a higher court if necessary.

What is the role of mediation and arbitration in civil litigation cases in the UAE?

Mediation and arbitration play a significant role in civil litigation cases in the UAE, as they provide an alternative dispute resolution mechanism. The court may schedule mediation or arbitration sessions to resolve the dispute, which can help reduce the time and costs associated with litigation. Mediation and arbitration can be particularly useful in cases where the parties are willing to negotiate and reach a settlement.

How can a claimant ensure that their rights are protected in a civil litigation case in the UAE?

A claimant can ensure that their rights are protected in a civil litigation case in the UAE by seeking the advice of a qualified lawyer, submitting all required documents and fees, and adhering to the court's requirements and deadlines. It is also essential to be aware of the relevant laws and regulations, such as the Civil Procedure Code, and to understand the litigation process and the potential outcomes. By taking these steps, a claimant can navigate the civil litigation system in the UAE effectively and protect their rights.

If your matter involves civil litigation in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Nour Attorneys through this website does not create an attorney-client relationship; such a relationship arises only after a conflicts-of-interest check and a signed engagement agreement. Do not send confidential information through this website; information submitted before engagement is not protected by legal privilege. Past results do not guarantee future outcomes. The firm's lawyers practice in the jurisdictions stated in their individual profiles; this article addresses the law of the United Arab Emirates only.