Navigating Legal Cases in the UAE
The United Arab Emirates (UAE) has a complex and ever-evolving judicial system. If you are involved in a legal case in the UAE, it is important to understand the basics of the system so that you can navigate it effectively. This article will provide you with a general overview of the UAE’s judicial system, including the different types of courts, the litigation process, and the appeals process.
The UAE’s legal system is a hybrid system, drawing on elements of Islamic law, civil law, and common law. The federal government has enacted a number of laws and regulations that apply throughout the UAE, but each emirate also has its own local laws. The federal and local courts have concurrent jurisdiction over many types of cases, but the federal courts have exclusive jurisdiction over certain types of cases, such as those involving federal crimes and disputes between emirates.
In the next sections of this article, we will discuss the different types of courts in the UAE, the litigation process, the appeals process, and the importance of working with a lawyer or legal consultant.
The Different Types of Courts in the UAE
The following are the different types of courts in the UAE:
Federal Courts
Federal courts have jurisdiction over certain types of cases, such as federal crimes, disputes between emirates, and cases involving intellectual property. The federal court system consists of the following levels of courts:
- Courts of First Instance
- Courts of Appeal
- Federal Supreme Court
Local Courts
Local courts have jurisdiction over most other types of cases, including civil, commercial, criminal, and family law cases. The local court system in each emirate may vary slightly, but it typically consists of the following levels of courts:
- Courts of First Instance
- Courts of Appeal
- Court of Cassation (in some emirates)
Federal Courts of First Instance
The Federal Courts of First Instance have jurisdiction over the following types of cases:
- Federal crimes
- Disputes between emirates
- Cases involving intellectual property
- Cases involving the status of foreigners
- Cases involving the interpretation and application of federal laws and regulations
- Federal Courts of Appeal
The Federal Courts of Appeal hear appeals from the Federal Courts of First Instance. They also have original jurisdiction over certain types of cases, such as cases involving the removal of public officials from office.
Federal Supreme Court
The Federal Supreme Court is the highest court in the UAE. It has jurisdiction to hear appeals from the Federal Courts of Appeal, and also has original jurisdiction over certain types of cases, such as cases involving the interpretation of the UAE Constitution.
Local Courts of First Instance
The Local Courts of First Instance have jurisdiction over most other types of cases, including civil, commercial, criminal, and family law cases.
Local Courts of Appeal
The Local Courts of Appeal hear appeals from the Local Courts of First Instance.
Court of Cassation
Some emirates have a Court of Cassation, which is the highest court in the emirate. The Court of Cassation hears appeals from the Local Courts of Appeal.
Specialized Courts
There are a number of specialized courts in the UAE, such as the Commercial Court, the Labor Court, and the Personal Status Court (Sharia Court). These courts have jurisdiction over specific types of cases, such as commercial disputes, labor disputes, and family law matters involving Muslims.
The Litigation Process in the UAE
- Filing the complaint: The first step in the litigation process is to file a complaint with the court of first instance that has jurisdiction over the case. The complaint must be in writing and must state the facts of the case, the legal claims being made, and the relief being sought.
- Serving the summons: Once the complaint has been filed, the court will issue a summons to the defendant. The summons is a legal document that informs the defendant of the lawsuit and requires them to respond to the complaint.
- Discovery: After the defendant has been served with the summons, the parties will begin the discovery process. This is a process in which the parties exchange information and documents related to the case.
- Pleadings: Once discovery is complete, the parties will file pleadings with the court. Pleadings are legal documents in which the parties state their positions on the case and present their evidence.
- Trial: If the case does not settle before trial, the court will hold a trial. At trial, the parties will present their evidence to the judge. The judge will then decide the case and issue a judgment.
- Judgment: The judgment is a legal document that states the outcome of the case. The judgment may award damages to the plaintiff, or it may dismiss the case.
- Appeal: If either party is unhappy with the judgment, they may appeal it to the next level of court. The appeals process is similar to the trial process, but the appellate court will only review the case for legal errors.
The Appeals Process in the UAE
Filing the Notice of Appeal
The notice of appeal is a legal document in which the appellant (the party appealing the judgment) states that they are appealing the judgment and which judgment they are appealing. The notice of appeal must be filed with the court of first instance that issued the judgment being appealed within 30 days of the date of the judgment.
Preparing the Appellate Briefs
The appellate briefs are legal documents in which the parties argue their case to the appellate court. They must be filed with the appellate court within 30 days of the date of the notice of appeal.
The appellate briefs must state the following:
- The facts of the case
- The legal arguments of the party
- The relief being sought
- Oral Arguments
After the appellate briefs have been filed, the appellate court may schedule oral arguments. Oral arguments are hearings in which the parties have the opportunity to present their arguments to the appellate court in person. Oral arguments are typically held before a panel of three judges.
Decision
The appellate court will then review the appellate briefs and, if necessary, hear oral arguments. The appellate court will then issue a decision. The decision of the appellate court is final and binding.
The appellate court may affirm the judgment of the court of first instance, reverse the judgment of the court of first instance, or modify the judgment of the court of first instance.
How M.A. Middle East Legal Consultancy can help you with your legal case in the UAE?
- Filing the complaint: It can help you to draft and file a complaint with the appropriate court. They can also help you to serve the summons on the defendant.
- Discovery: It can help you to gather evidence and documents related to your case. They can also help you to respond to the defendant’s discovery requests.
- Pleadings: It can help you to draft and file pleadings with the court. Pleadings are legal documents in which you state your position on the case and present your evidence.
- Trial: It can represent you in court. They will present your case to the judge and will argue for a favorable outcome.
- Appeals: If you are unhappy with the outcome of your case, M.A. Middle East Legal Consultancy can help you to appeal the judgment. They will file the necessary paperwork and will represent you in the appellate court.
If you are involved in a legal case in the UAE, it is important to seek legal advice from a qualified lawyer or legal consultant. M.A. Middle East Legal Consultancy can provide you with the expert advice and guidance you need to navigate the UAE legal system and to achieve a successful outcome in your case.
Contact us today for a free consultation!