civil law

|

June 29, 2022

|

623 views


| Your comment matters, please click here to rate article!



Introduction

The judicial system of United Arab Emirates operates at two levels. It operates at a federal level and a local level. At the local level, the relevant Emirates have their own court system and judicial departments, whereas the judiciary at the federal level controls the courts and departments across the UAE.

The degrees of courts which are available to the public (at both federal and local level), through which justice can be sought, are the following:

  1. The Court of First Instance.
  2. Court of Appeal.
  3. Court of Cassation at the local level. The federal judiciary is headed by the Federal Supreme Court which is the highest judiciary authority in the UAE.

According to Article 104 of the Constitution of the UAE, the local judiciary bodies in each Emirate shall have jurisdiction in all judicial matters that have not been entrusted to the Federal judiciary by virtue of the Constitution.

Accordingly, Emirates like Dubai, Abu Dhabi and Ras Al-Khaimah follow their own local court system and have established their independent judicial departments. On the other hand, Emirates of Sharjah, Fujairah, Ajman and Umm Al Quwain are part of the Federal court system.

A decision issued by the Court of First Instance, which is the primary court, may be appealed to the Court of Appeal. The judgement issued by the Court of Appeal could be further appealed to the Cassation Court or the Federal Supreme Court on limited grounds.

Court of First Instance

The Courts of First Instance have the right to consider civil, commercial, administrative, labour and personal status disputes. For criminal matters, the criminal courts (consisting of either 1 judge or 3 judges) will have jurisdiction to examine cases of misdemeanors, petty offenses and felonies.

Court of Appeal

The judgements and decisions issued by the Court of First Instance may be appealed before the Court of Appeal. Under Article 158 of the Civil Procedures Law, the appeal may be filed due to breach of the jurisdiction related to public policy, invalidity in the judgement or the procedures which has affected the judgment or decision, amongst others.

For criminal matters, the accused and the public prosecution may appeal the judgement rendered by the criminal courts of first degree. In accordance with Article 230 of the Criminal Procedure Law, the appeal will not result in staying the execution of the appealed judgement unless otherwise decided by the court which issued it.

Court of Cassation

Appeal may be filed before the Cassation Court against the decision issued by the Court of Appeal in certain cases under 173 of the Civil Procedure Law. For instance, if the appealed judgment was based on breach of law or mistake in its interpretation or application, or was issued contrary to the rules of jurisdiction or the decision lacked reasons, had inadequacy or was ambiguous, amongst others.

For criminal matters, public prosecution or the condemned party may challenge the decision rendered by the Court of Appeal in a felony or misdemeanour before the Cassation court on specified grounds as set out in Article 244 of the Criminal Procedure Law. These include where the challenged judgment is based on a violation of the law or a mistake in its application or interpretation, or if two contradictory judgments have been rendered on the same act, or if the judgment is void of any justification or if it is insufficient or obscure, etc.

Special Courts

Special courts have also been established under the UAE judicial system which deal with specific types of cases. These include labour courts, family courts, commercial courts, etc. These courts hear the matter which falls within their scope of expertise.

Disputes to be heard by the Federal Supreme Courts

According to Article 99 of the Constitution of the UAE, there are certain disputes which will have to be heard by the Federal Supreme Court. These include: disputes between member Emirates or between an Emirate and the Federal Government, examination of the constitutionality of the Federal laws as challenged by an Emirate, interpretation of the provisions of the Constitution, crimes directly affecting the interests of the UAE including crimes relating to internal or external security, forgery of official records, etc., amongst others.

Conclusion

The UAE judicial system is proactive, effective and expeditiously tries to resolve matters, while continuing to serve justice to its people in a pragmatic manner.

Related Links


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.


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

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.

Raphael Lauria
Manager, FME General Trading

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.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

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.

Luis Pozueco
Client

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.

Bassam Yamout
Director, JM Metal Trading LCC

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.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

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.

Dr. Massimo Hakim
Chairman, Italian Style

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.

Manish Gupta
Marketing Manager, Express Digital System

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.

James Horsley
British Client

Select your Language:

        

Main Menu