This Might Be the Best Way to Learn Amendments in Civil Procedure Law of UAE in Past Years
Posted: Apr 04, 2021
The civil procedure regulation of a country is amongst the necessary legislation within a nation. Civil cases arise regularly and can relate to many topics as well as an initiate from countless sources. With the extremely busy and hectic nature of the UAE with its tremendous amount of business activity and the significant number of foreign tourists and non-native residents, these rules must be as complete and all-encompassing as possible. United Arab Emirates (UAE) cabinet has introduced number of resolutions to improve and modernise the overall environment of the UAE judicial system, which is regularly informed to our readers by Civil Lawyers of Dubai. The regulations (a total of 193 articles) address a wide range of litigation procedures, branching from service to process to enforcement and to recognising foreign awards and judgements. These amendments include significant changes to procedures across the civil courts in the UAE, to unify the process and streamline the implementation of judicial decisions.
The amendments explained
In case the defendant does not speak Arabic, the claimant is required to attach a copy of the service notice in English. This requirement does not extend to employment claims being commenced by employees. Means of communication now also include recorded voice or video calls, mobile SMS, email, fax or any similar means. Case Management Office is responsible for overseeing lawsuits before trials, with the aim of accelerating the administrative process. The new Regulations gives that civil, commercial and employment cases of not more than AED 500,000 in worth and cases testing the legitimacy of signatures are to be heard by the minor circuit of the court and to be finished in one hearing. The date of registration is deemed to be the date on which the case was submitted to the CMO.
Certain disputes can be resolved with only one hearing at the summary chambers court, such as civil and commercial claims not exceeding AED 100,000 and claims for wages and salaries not exceeding AED 200,000. However, this criterion does not apply where the State is a party. The new amendments extend the use of Payment Orders, thereby enabling creditors to avoid lengthy standard civil litigation procedures before the Court of First Instance. A Payment Order can be made for any written admission of debt, including through electronic admission. Recent amendments now provide litigants with additional flexibility as it expands on the list of permitted representation. With 2020 amendments, the parties or their attorneys are not allowed to serve summons through social media and that authority is only granted to the courts. This completely changes the way summons are served.
These changes to the personal and civil code will make it easier for expats to resolve disputes and promote multiculturalism. The recent amendments in the civil procedure law has amended several procedures being utilised by court since the issuance of the federal civil procedures law. Therefore, the change should be fully acknowledged by Civil Lawyers of Dubai for further proceedings filed before the relevant courts.
Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.