In 2022, the UAE implemented the Federal Decree-Law. The Federal Decree-Law takes effect in 2023. This new law, known as the UAE Civil Procedures Law, replaces the previous Civil Procedures Law from 1992. It has its subsequent amendments and regulations. The New Law introduces significant changes to the procedures followed in civil and commercial courts in the UAE. Furthermore, it is intended to make the litigation process more efficient, effective, and expeditious.
Here in this article, we will have a close look into the key modifications brought about by the New Law. Let us dig into them in detail to explore more about them. The official language of UAE court proceedings will remain Arabic. However, the New Law allows for certain cases to be conducted in English as well under specific circumstances.
- The Vice-President of the Federal Judicial Council or the supervising judge of the local judicial authority can issue a decision in this regard. Nevertheless, they have the authority to direct specific judicial circuits to hold proceedings in English.
- Following this, all court-related documents will be submitted in the English language. This may include submissions, statements, verdicts, and so forth. If parties or witnesses do not speak English, their statements must be given under oath.
- All the shreds of evidence along with documents must be provided in English. It is done via a certified interpreter. Nonetheless, the aim is to facilitate civil court proceedings for all locals and expatriates.
- Under the New Law, the Abu Dhabi Court of First Instance now has exclusive jurisdiction over the cases. in cases where a ministry or any federal entity is involved. This means that if a private company or individual wishes to sue a governmental entity, the case must be filed in the Abu Dhabi Court of First Instance. Learn better with Advocates/Legal Consultants about this. Better to Book Legal Appointment.
- Abu Dhabi’s courts now have exclusive jurisdiction over cases involving government entities. If individuals or private companies want to sue a government entity, they must do so in the Abu Dhabi court.
- The process of appointing experts during court proceedings has been altered. The supervising judge, during the case management stage, can request the assistance of local or international experts.
- They can request them to prepare or review reports submitted to the court. The court will discuss the reports with the appointed expert. Further, they may ask for amendments or additional points. The issue of who bears the cost of the appointed expert is still unclear. However, it is expected to be clarified through separate regulations.
- The Court of Appeal Council Chambers is similar to the Cassation Court. The Courts of Appeal can review appeal challenges in the Council Chambers. Now, they do not require the presence of the council or submission of oral or written pleadings. The Court of Appeal can either issue a verdict or schedule hearings for the appeal on its merits.
- The appointment of experts during court proceedings has been modified. Experts, both local and international, can be called upon by the supervising judge to prepare or review reports related to the case. The cost of these experts is yet to be clarified.
- Cassation Appeal Period has been altered. One significant amendment is the reduction of the appeal period before the Court of Cassation.
- It is reduced from 60 days to 30 days from the issuance of the appeal judgment. This change aims to expedite the litigation process. However, it will provide a final executable judgment with res judicata power.
- The Court of Appeal can now review appeal challenges in the Council Chambers without the presence of lawyers or written pleadings. They can issue verdicts or schedule hearings based on the merits of the appeal.
- The Court of Cassation now has the authority to rescind its own decisions or final verdicts issued in the Council Chambers. This can be done at the court’s discretion. It is based on a request from one of the parties.
- Nonetheless, the request for rescindment must be submitted to the relevant court with a deposit. Additionally, a committee of five judges will review it. This amendment carries some risks regarding the principle of final judgment res judicata and the enforcement of judgments.
- Similar to the previous law, the New Law allows for provisional attachments to be imposed by parties with first-instance judgments in their favour. However, a new time restriction has been introduced.
- The party with a provisional attachment must commence executing the appeal judgment within 30 days of its issuance. Failure to do so will render the provisional attachment void.
- The party being executed in an execution case now has a grace period of seven days. it is reduced from 15 days to 7 days time from the date of successful notification to clear the debt amicably. It is done to avoid provisional attachment procedures.
- Creditors who obtain an executive writ now have the right to file a lawsuit against the garnishee. Garnishee is the third party holding the debtor’s funds.
- In brief, the UAE has introduced a new law called the UAE Civil Procedures Law in 2022 which will be implemented in 2023. This law replaces the old Civil Procedures Law from 1992 with the goal of making the litigation process more efficient and speedy.
- Overall, these amendments aim to make the litigation process more efficient, speedy, and efficacious. Furthermore, this will make the Court of UAE more robust and strong. Over time, the efforts will be more clear and the results will appear. Therefore, over time, the results and their implications will be clearer.
- In the year 2023, it is expected that more executive regulations will be issued. in the first quarter of 2023, they will be introduced. Henceforth, it will be providing a cohesive and comprehensive plan of the execution procedures of several amendments and new changes.
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