The cabinet resolution no. 33 of 2020 (“Resolution”) has brought about many notable changes to Federal law no. 11 of 1992 and its amendments (“UAE Civil Procedure Code”). The said changes were made to amend the litigation procedures in the UAE. The said resolution has also amended provisions introduced by the Cabinet Resolution No. 57 of 2008. Similarly, the Federal Decree-Law no. 30 of 2020 has brought in many amendments to Federal Law No. 5 of 1985 concerning the Civil Code (UAE civil code). The said changes can be best understood as landmark changes that have been introduced in the UAE, allowing more expat-friendly approach. The changes effected have amended the articles 12(1), 13, 17, 27 and 1166 of the UAE civil code.
The procedural changes effected in the UAE, are discussed herein:
Concerning the use of modern technology: In effecting summons, the new changes clarify that modern technology may be restricted in its use while serving summons and can be considered as valid only when the correct numbers, addresses are used. Similarly, in its revised position concerning serving of summons concerning companies, the summons may be served to the branch address or office location of a company only when the dispute is related to such branch or office. If the main office is closed or summons is refused, the server may now affix the copy of the summons at the premises without requiring prior permission from the court, which was required previously.
Concerning summary proceedings: The new changes have amended the valuation limit for summary proceedings from Aed 500,000 to now up to Aed 1 Million. These changes have expanded the power granted to the lower courts. Wherein a payment order is granted by the courts, no appeal proceedings will apply with the claim is below or equal to Aed 50,000. However, wherein the value of the case is more than Aed 50,000, an appeal may be filed to the court of appeal that is required to decide the case again on its merits.
Concerning travel bans: In order for a travel ban to be issued, the debt owed must not be less than Aed 10,000, and there should also be a strong reason to showcase that there is a risk that the debtor would leave the UAE to avoid facing the legalities and payments.
Changes to execution proceedings: The new amendment has also brought in changes to the execution proceedings by providing wider discretionary powers to the execution court to accept instalment plans up to a term period of three years. This can be understood to have been affected taking into account the present economic conditions and might be changed in time. Also, if a party wishes to object to an execution judgment, deposit fees for Aed 5000 have to be paid, which may be forfeit if such objection is not successful.
Concerning legal representation of a corporate entity: The new amendment requires that a corporate company is to be represented in the court through its advocates holding a notarized power of attorney. For any other person to represent the company, it is mandatory that they must be an Emirati, holding a law degree and should have been employed with the company for a minimum of one year’s time period.
Dr. Hassan Elhais publishes analysis of UAE civil law matters, including civil disputes, contractual obligations and compensation claims. For readers researching lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial
Abdullah Client
Verified
His unwavering dedication to his clients, willingness to tackle challenging cases, and belief in the fundamental principles of justice highlight his role as both a guardian and advocate. Dr. Hassan's integrity stands as a testament to his professionalism. Additionally, his foresight and meticulous case preparation, anticipating courtroom dynamics and opposition strategies, not only secure victories but also garner the respect of clients and peers alike. View testimonial
Salam Amir Client
Verified
Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.
Abed Awad Client
Verified
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
Verified
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
Verified
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 CEO, EDS FZE
Verified
Best lawyer in Dubai.
Aigul Beishembieva Client
Verified
Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!
Mukesh Pandey Client
Verified
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
Verified
Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.
May Ann Adrias Client
Verified
...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
Verified
We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial
Chandru Malkani Client
Verified
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
Verified
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
Verified
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
Verified
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
British Client
Verified
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Asma Mattar Manager, Italian Style
Verified
Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial
Ahmed Higazy Client
Verified
I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.
Rich Firth Client
Verified
Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial
Hossam ElDeeb Client
Verified
Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial
