The legal structure in the UAE runs in two systems: the Federal Judiciary presided by the Federal Supreme Court as the highest judicial authority in the UAE and the local judicial departments at the local government level. How an Abu Dhabi resident took three UAE banks to court and cleared Dh700,000 debt. 10 of 2014 concerning the Civil Procedural Law (PDF), the minor circuits are formed by a single judge, who issues first instance judgements on civil, commercial, and labour actions, whose value does not exceed AED 500,000 and counterclaims whatever was their value. The courts of appeal in each separate judicial system seated in the individual Emirates hear appeals on rulings from the lower courts of their home Emirate. Claims are handled by experienced mediators under the supervision of a judge. Unlike the other emirates Dubai and Ras Al Khaimah have their own court systems, which are not subject to the federal Supreme Court. bankruptcy and preventive composition lawsuits. "[9], The jurisdiction of civil courts is generic as they can consider urgent cases and petitions of all types, including petitions of attachments, orders of payment and complaints. The Dubai courts have also stated that non-Muslims are "required to respect Sharia law in Dubai". those related to the claim and specification of wages and salaries whatever was their value. The Initiatives aim at enhancing the capacities of individuals engaged in the judicial field, and motivating pioneering in legal work. The site is best viewed on Internet Explorer 11 and above, Firefox, Safari and Chrome Page last updated on 06-01-2021 The relationship between the two systems is regulated by [&hellip the court which has jurisdiction to hear the dispute). 10 of 2014 concerning the Civil Procedural Law. The Cabinet issued Resolution N 14 of 1992 that officially establishes this institute. In addition, they handle: Labour courts handle cases filed by private sector employees or employers against one another and are regulated by Federal Law no. The division is based on the scope of the case and expertise of the judges. Unlike Britain[2] and other countries where previous court judgments are regularly used as legal precedents, the United Arab Emirates does not depend very much on precedents, although sometimes the judgments of higher courts can be applied by lower courts in similar cases. Being the highest judicial instance in the UAE does not mean that it applies to the seven Emirates, Dubai and Ras Al Khayma have their own local judicial system. Dubai’s Federal Court System. Cases varied from disputes over ownership of animals, land and money to theft, murder, and tribal war. Sharia judges specialized in family disputes while customary law judges handled criminal assaults and personal disputes. Institute of Training and Judicial Studies (ITJS) undertakes several missions: Dubai Judicial Institute is a public institute established in 1996 by virtue of law No 1 of 1996, amended by law No 27 of 2009. The Abu Dhabi Justice Department (ADJD) announced earlier this month that Hindi was to become the third official language of the capital's court system. All courts judges will issue the rulings in the scheduled hearings during the adjournment period remotely. Judges are appointed by the president. The primary source of law was Islam along with the unwritten social conventions or "urf". Bounced cheques to no longer go through Dubai court system. Thus, appeal is not possible to anyone who accepts the ruling explicitly or implicitly. The Dubai International Financial Centre (DIFC) Courts are an independent English language common law judiciary, with jurisdiction governing civil and commercial disputes nationally, regionally and worldwide. The International Association for Court Administration may not sound the most exciting global body, but its presence in Dubai recently was an important sign for the UAE legal system. In 2018, during a television interview lawyer Mukhtar Ghareeb called for an amendment of the law noting that it was "too easy for women to file for divorce". Each level of court has a circuit to look into the various types of cases such as: personal status cases, criminal cases and civil cases. The Federal Supreme Court is the highest federal judicial authority in the country and Abu Dhabi is the seat of federal Supreme Court (Court of Cassation). DIFC Courts Top Management is committed to secure information of all our interested parties. It is not a substitute for legal advice, which can only be provided by a lawyer qualified to practice in the U.A.E. Only local firms may appear as counsel before a court. How to create a webinar that resonates with remote audiences; Dec. 30, 2020. [17] If the negotiations fail, either party may take up the matter at court. Each Emirate has the right to its own judicial system, if it so chooses, or to participate in the Federal Judiciary, according to the UAE constitution (1971). The legal system in UAE is primarily founded upon Civil Law principles which are heavily influenced by French, Roman, Egyptian and Islamic principles. Tel +971 4 2312000. Jan. 15, 2021. The aim is to resolve most complaints within 30 days. 18 of 1993 regarding commercial transactions (text in Arabic) regulates types of cases related to above issues. Commercial courts handle commercial contracts and commitments, banking processes, commercial papers, bankruptcy and its reconciliation issues. In 2015, a new department dedicated to resolving disputes between domestic helpers and sponsors has opened at the General Directorate of Residency and Foreigners Affairs (GDRFA) branch in Al Aweer. The UAE (save for courts established in certain free zones) has a civil law system, and an inquisitorial approach is taken by the bench. The judiciary's independence is guaranteed by the Constitution of the UAE, and it includes the Supreme Court and the Courts of First Instance. This is 7.5% of the value of the claim which is capped at a maximum of AED 30,000 (USD 8,000). Dubai’s courts comprise a Court of First Instance, a Court of Appeal and a Court of Cassation. Each case is decided upon individually. However, the main source of Emirati law is Sharia law. The Federal Law No. 1682. Abu Dhabi Court System follows three stages of litigation, Court of Cassation. Common law principles, such as adopting previous court judgments as legal precedents, are generally not recognized (although judgments delivered by higher courts are usually applied by lower courts). Enforcement of New York Convention Award in the UAE. Complaints would be related to living conditions, wages, and security and safety of labour accommodations and this service is accessible online. The Abu Dhabi Judicial Department on Saturday announced it has activated the “Remote Trial System” in the criminal courts by using the Visual Communication Technology (VCT) and … In the inland Bedouin communities, disputes were usually over livestock and water resources. Al Qusais2, behind Ministry of Education, near Al Twar Center. The Family Guidance Department forms an essential part of the family court. Being a Muslim Country, Islamic principles do form the core of most UAE legislation. For the purposes of the operation of Article 7, the Dubai and the DIFC courts both qualify as UAE courts of equal status. DIFC Courts Top Management is committed to secure information of all our interested parties. Enforcement of New York Convention Award in the UAE Introduction Arbitration clauses are becoming more and more prominent in corporate agreements, the reason behind this is the ease with which disputes can be dealt with as compared to the traditional court system. Disclaimer: You are using Google Translate. The courts report to the Judicial Council. Civil courts handle the cases related to the financial rights of individuals and legal entities such as government departments, companies and institutions. The judicial system of the United Arab Emirates is based on the Constitution of the United Arab Emirates. Minsitry of Justice United Arab Emirates. The first mediation smart app in the Middle East was announced in 2015. Court of Appeal is the second degree of litigation which entitles the litigant affected by the Court of First Instance to appeal his/her case before a higher court in accordance with the provisions of the civil and criminal procedural laws effective in the UAE. Civil, and Criminal courts . In the case of Dubai, the court structure is divided into three Courts that are the UAE Federal Judicial Authority. Established in 2005, the UAE Branch of CIArb is part of the network of CIArb branches across the world. The DIFC Dispute Resolution Authority Academy (Academy of Law) was established in 2015 as an independent entity to provide quality services to the UAE legal community. [14] Non-Muslim expats without a will may have their assets passed on to relatives via Sharia law in the UAE however may opt-out of Sharia law in both Dubai and Ras Al Kaimah in the case of succession and wills.[15]. 18 of 1993 regarding commercial transactions, Download the ALHOSN UAE contact-tracing app, Maintain physical distance; stay 2 meters (6 feet) away from others, Wash your hands regularly for at least 20 seconds and sanitise them often, Wear masks and gloves inside your homes if you are ill or are taking care of a sick person, avoiding contact with objects that may have been touched by others, cleaning and disinfecting surfaces like countertops, door handles, furniture, toys, phones, laptops, remotes and anything else you use regularly, several times a day, Follow the precautionary measures at your workplace, Trust information only from government authorities, Shake hands or hug and kiss to greet someone, Touch your face unnecessarily; particularly your eyes, nose and mouth, Travel in a car that has more than 3 people, Court of First Instance (federal and local). Dubai International Financial Centre Courts, Dubai Court System & Ras Al Khaimah Court System, Dubai's International Arbitration Centre (DIAC), International Islamic Centre for Reconciliation and Arbitration, Dubai Courts Centre for Amicable Dispute Resolution, Commercial Compliance and Consumer Protection, Institute of Training and Judicial Studies (ITJS), Chartered Institute of Arbitrators (CIArb), Maktoum Bin Mohammed Initiatives for Legal Excellence, Judicial system in the United Arab Emirates, Federal Supreme Court of the United Arab Emirates, London Court of International Arbitration, http://globalarbitrationreview.com/know-how/topics/73/jurisdictions/33/united-arab-emirates/, https://www.innertemple.org.uk/downloads/education/lectures/lecture_james_lee.pdf, https://www.constituteproject.org/constitution/United_Arab_Emirates_2004.pdf, "How the Federal and local court systems fit together, UAE Courts", "Application of English Law Regulations 2015", "Ras Al Khaimah courts will now accept English language judgements", "Five things you should know about non-Muslim wills", "Finding your path: Arbitration, Sharia, and the Modern Middle East - Al Tamimi & Company", "New department to resolve domestic helpers' disputes", https://www.dubaipolice.gov.ae/dp/jsps/content/flat_content.do?contentCode=105947, "Navigating labour disputes in the UAE | The National", "Dubai government grievances committee established | The National", "Dubai Courts Centre for Amicable Dispute Resolution", "Call For 'Urgent' Change In UAE Divorce Law Sparks Debate - Family and Matrimonial - United Arab Emirates", "All Dubai retail outlets to have consumer protection counters", "تطبيق الوساطة الذكية الأول من نوعه في العالم", "The Role of Mediation in the DIFC Courts | Global Law Summit", "Welcome to the Institute of Training and Judicial Studies", http://www.dji.gov.ae/en/pages/default.aspx, "Abu Dhabi Judicial Department > Abu Dhabi Judicial Academy", https://en.wikipedia.org/w/index.php?title=Judicial_system_of_the_United_Arab_Emirates&oldid=998195140, Wikipedia articles needing clarification from June 2020, Creative Commons Attribution-ShareAlike License, Preparation of and qualification of Sharia and Law Schools to hold, Organization of courses for judiciary members, Organization of specialized courses for people like judicial aides and lawyers. Approximately 90% of applications before the SCT settle at the "consultation" phase which is a mandatory court–guided mediation session. Blog. Structure of UAE Courts 1 Introduction: The United Arab Emirates (UAE) justice system is composed of two independent entities: the Federal Judiciary, as the UAE 's highest judicial body, and the Emirates level state courts, on the other. It also undertakes forcible judicial execution for execution deed stipulated by law, as well as executions by deputation or reference". DUBAI COURT HIERARCHY. For instance, Dubai's court system three stages: The Court of First Instance, the Court of Appeal, and the Court of Cassation. Abu Dhabi Court System follows three stages of litigation, Court of Cassation. [27], The Small Claims Tribunal (SCT) of the DIFC Courts, features a formal session of mediation as part of its procedure. The courts' degrees in the UAE are: If the ruling of the Court of First Instance is not satisfactory, it can be challenged before the Court of Appeal and then the Court of Cassation according to the provisions of Federal Law No. Knowing and understanding the UAE Courts system: a comparison of the legal civil procedures between the DIFC and Dubai Court’s systems Al Suwaidi & Company United Arab Emirates September 7 2020 H.E. Arbitration has long been recognized as a dispute resolution mechanism in the region, and one that has been quoted in Islamic religious texts. In 2004, a federal law confirmed the federal status of the institute. The litigant should know the category into which his lawsuit falls to determine the court circuit that would hear his case. Email. Court of Cassation is the higher judicial body with power to try cases contested by the Court of Appeals. Jan. 15, 2021. 28 of 2005 applies to personal status cases. The United Arab Emirates is essentially a civil law jurisdiction heavily influenced by French, Roman, Egyptian and Islamic law. If both parties fail to reach an amicable agreement, the dispute will be referred to the Court of First Instance after the payment of the court fee, if applicable. Federal Law No. In Dubai, individuals can also refer to a similar service provided by the General Directorate of Residency and Foreigners Affairs as a first step before going to court. "The Sharia court may, at the federal level only (which, as mentioned earlier, excludes Dubai and Ras Al Khaimah), also hear appeals of certain criminal cases including rape, robbery, driving under the influence of alcohol and related crimes, which were originally tried in lower criminal courts. Each court is presided over by a President supported by a number of judges and administrative staff. The unique new initiative reduces the total time frame for the three proceedings for each case from 305 days to 30 days. First created in 1994 as the "Centre for Commercial Conciliation and Arbitration", the current DIAC is non-profit institution located in the Dubai Chamber of Commerce & Industry (DCCI). Furthermore, the legal system in UAE does not depend much on statutes (case law) and precedents (previous decisions made for similar cases). "Furthermore, UAE courts have a kind of "emergency jurisdiction," whereby a UAE court can determine preliminary applications for attachment of a defendant's assets as well as urgent applications, even where the court would otherwise lack jurisdiction" . The Dubai Court of Cassation accepted the Main Contractor’s arguments and overturned the lower courts’ judgments and accordingly decided to dismiss the Sub-contractor’s claim on the basis of prematurity and the existence of the back-to-back clause in the sub-contract. Five emirates submit to a federal court system while Dubai and Ras Al Khaimah have their own independent court systems. ), and rental disputes. Only the convicted may appeal the court judgement. A civil Court also "deals with financial and corporeal rights and legal positions meant to protect by virtue of it, it does not includes commercial, realty, labor, personal status or endowment or inheritance cases".[10]. Article 1 of the Law provides that the Law shall apply to all UAE nationals except non-Muslims in which case they shall be governed by special rules relating to their specific creed or sect. The UAE Court System The United Arab Emirates is essentially a civil law jurisdiction heavily influenced by French, Roman, Egyptian and Islamic law. In order to commence a claim in the UAE, a claim will have to be filed at the relevant court (i.e. [32] Its core functions include training and regulating lawyers, publishing, hosting events for the legal community, and providing free legal advice for people in need. Dubai Courts will stop receiving customers in cases and claims services. The major circuits are formed of three judges. The constitution also divides courts in the country into two types, federal courts and local courts. Under the constitution of the UAE the emirates … Three levels of court To achieve the full extent of justice, the UAE adopts three levels of courts for litigation purposes. The judicial system of the United Arab Emirates is based on the Constitution of the United Arab Emirates. Disputes that fall under the jurisdiction of the Centre are not registered at the courts unless they are submitted first and a referral is issued. [13], In 2016, Ras Al Khaimah courts would now accept English language judgements in dispute resolution services, specifically aimed at business and investments in the region. The Courts began operation in 2006. They have jurisdiction over all civil, commercial and labour actions, which do not fall within the jurisdiction of the minor circuits. The International Islamic Centre for Reconciliation and Arbitration (IICRA) is an international, independent, non-profit organization supporting the Islamic finance industry. Under the Constitution of the United Arab Emirates, each Emirate is allowed to either establish its own judiciary or to merge with the federal court system. Charles Ridley, a Bahrain-based British businessman, is facing trial in the Dubai court system. Federal Law No. The president and the members of the Supreme Court can by no means be removed from their offices, except in the following cases: Death, resignation, completion of term or secondment, retirement, permanent disability that prevent a judge from undertaking their duties, disciplinary discharge and finally "appointment to other offices, with their agreement". Abu Dhabi Courts were formed under the Law No (23) of 2006 which restructured Abu Dhabi Judicial Department (ADJD). The academy offers comprehensive training to UAE legal professionals from all backgrounds and levels, from experienced English language Common Law practitioners through to newly qualified lawyers and those currently operating in the Arabic speaking civil system. P.O Box. The Federal Supreme Court consists of a President and a maximum number of five judges appointed by a decree issued by the President of the UAE, after approval by the Supreme Council. Dubai Courts launches program to explore the future and establish world-class benchmarking system. Although lower courts do follow Cassation court’s judgement, there is no compulsion as such to do so. Only if the parties are unable to reach a settlement will a judge of the DIFC Courts go on to hold a hearing and deliver a Court judgment. The courts report to the Judicial Council. [16] There has been numerous initiatives in the UAE to build up a strong presence in international commercial arbitration, including the codification of modern arbitration rules in federal and other laws. Al Qusais2, behind Ministry of Education, near Al Twar Center. Cases are commenced in Federal Courts when the complaint is filed with the Reconciliation and Settlement Committee. [34] The project consists of a number of programs including the moot court competition, legal scientific research competition, legal scholarships program, program for legal and judicial conferences, and the Dubai International Financial Centre (DIFC) Courts Academy. Based upon an article entitled “The Courts System in the UAE,” by Mohamed Ali Abou Sakr, Liberty magazine, Issue 03, March 2005. The legal system of the United Arab Emirates is based on the Constitution of the United Arab Emirates; this system is dual in nature as it has local and federal courts with a Supreme Court Based at Abu Dhabi.. 5 of 1985 (text in Arabic) applies to civil cases. (35) of 1992 concerning the criminal procedural law specifies the procedures for criminal cases in the UAE. Therefore, in addition to the Civil Courts, each of the seven Emirates maintains a parallel system of Sharia Courts which are organised and supervised locally. Structure of UAE Courts 1 Introduction: The United Arab Emirates (UAE) justice system is composed of two independent entities: the Federal Judiciary, as the UAE 's highest judicial body, and the Emirates level state courts, on the other. Our mission: To provide a justice judicial system through judicial , justice and creative services to improve pioneer legislation that ensures the role of law and the production of rights and liberties. Litigation is entirely court-driven, and the courts have control over scheduling of hearings, appointment of experts and so on. These courts handle criminal cases initiated by the federal or local prosecution in each emirate. They depend on the juristic provisions provided for in the Quran and the Hadith to render decisions. Since early years following its independence, the UAE has tried to build its judicial framework. 25.2642 ,55.38783. The Family Guidance Section usually handles personal status cases free of charge before they are referred to trial at the Court of First Instance. Blog. [20] In 2015, the Crown Prince of Dubai has approved the establishment of the Dubai government staff central grievances committee. Address. The Courts Authority in the Emirate of Abu Dhabi is composed of courts of first instance and courts of appeal The Court of Cassation may, upon the recommendation of the Judicial Council, establish specialized courts To consider specific disputes and define their terms of reference, and the court … The Institute of Training and Judicial Studies (ITJS) based in Abu Dhabi was established in December 14, 1992. 11 of 1992, as amended by Law No. [3], Prior to the Union in 1971, the Trucial States were known as a protectorate of the British Empire established through a number of treaties. As … Each Emirate has its own courts, but they can be divided into those Emirates which have their own court systems (Abu Dhabi, Dubai and Ras Al Khaimah) and those that have local courts which are part of the Federal Court system (the other Emirates of Sharjah, Fujairah, Umm al-Quwain, and Ajman), and which are therefore referred to as ‘Federal Courts’. Established pursuant to Local Decree No.26 of 2013, the Rental Disputes Center (RDC) has almost exclusive jurisdiction to settle disputes arising between landlords and tenants in Dubai, as per Dubai Law No.26 of 2007 Regulating Relationship between Landlords and Tenants in the Emirate of Dubai. The center settles all financial and commercial disputes that arise between financial or business institutions that choose to apply the provisions of Islamic law, Sharia principles, in resolving disputes that arise between these institutions and their clients or between them and third parties through reconciliation or arbitration. Courts Echo magazine. Navigating the complex UAE courts system can be a challenging process for any commercial or foreign-trained legal team. 10 of 2014 concerning the Civil Procedural Law, as amended by Law No. The courts' degrees in the UAE are: Court … [4], The Constitution of the United Arab Emirates, which came into effect on 2 December 1971, dedicates all its fifth Section for the Union legal system. The common law of England, including the principles and rules of equity, apply and form part of the law of the Abu Dhabi Global Market (ADGM). According to Article 30 of Federal Law No. The failure to observe the time limits of appeal in the judgements results in the extinguishment of the right of appeal. The Emirate of Dubai has its own Court of Cassation. The claim needs to set out the basis of the dispute and the remedies sought. Ministry of Education, near Al Twar Center first through the Department where experienced mediators work to the... 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