- Legal Articles
- Ask Elhais
March 30, 2022|
The United Arab Emirates comprises of the Seven Emirates: Dubai, Sharjah, Abu Dhabi, Fujairah, Ras Al Khaimah, Um al Quwain and Ajman. In addition, the UAE also has several Free Zone entities across its seven Emirates, and each free zone is designed around one or more business industry categories, and an independent Free Zone Authority (FZA) governs each free zone. Today, the UAE offers close to forty multidisciplinary free zones that allow for full ownership of complies for ex-pats.
Though often stated as a civil law system, the UAE is, in fact, constitutes a dual legal system of civil and Sharia laws. Further, the country has also introduced common law to a certain extent, as the same is practiced in the Dubai International Free zone Centre (DIFC). DIFC describes its presence as a unique legal framework that is based on international standards and principles of common law that are focused on catering to the regional requirements. Overall, the legal system in the UAE draws from Islamic Sharia law.
However, most of the codified laws of the UAE can be defined to be a mixture of both Islamic Sharia laws as well as the legal influences from the Egyptian and French Civil laws. Litigation in general can be a costly as well as time-consuming experience. However, compared to many other jurisdictions, the UAE court procedures are more fast-paced with definitive measures in place. That said to the commoner, the litigation and execution measures may still be a cause of concern which is often associated with lack of awareness. The process in itself is often confusing. Therefore, through this article, we would like to take you through the basics of the litigation process, which broadly comprises of two steps' litigation' and 'execution'.
Three Tier Court System:
The local court system in the UAE consists of a three-tier system comprising of the Court of First Instance (federal and local), Court of Appeal (federal and local), Court of Cassation at the local level of the emirates and the Federal Supreme Court (at the federal level). The Three-tier legal system essentially allows the parties to challenge the court's judgment with a higher court and to be able to present more evidence as well as to participate in further adjudication in a given matter.
In the court process, a judgment is said to become final when it either completes the three stages of litigation or the maximum stages possible. For instance, in certain matters based on the claim amount, it might not be possible to appeal the case up to the cassation court. In another instance, if either the judgment creditor or debtor choose to accept the judgment issued by the first court, as it is and forgo the appeal process, the judgment will become final.
As discussed above, once the final judgment is issued, the judgment creditor is required to proceed with execution measures before the execution court. Pursuant to , “Article 69 of the Cabinet Decision No. 57/2018 on the Regulation of Federal Law No. 11/1992 on the Civil Procedure, 'Execution shall be made under the supervision of the execution judge assigned at the seat of each court of the first instance and shall be assisted by a sufficient number of execution officers, or private companies or offices.”
Article 97 of the implanting regulation governing civil procedure code states the procedures part of the execution steps, which include:
Execution measures are critical to the success of your claim as it brings you to the final steps of converting your court victory to actual reality. The execution courts are empowered to order acute measures such as provisions seizure of the debtor's funds in accordance with the rules and procedures, may prevent the execution debtor from travelling before the announcement of the writ, as well as an order to inquire about the debtor's funds prior to his notification of the writ of execution.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.