commercial law

|

September 17, 2017

|

4323 views


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


How Does the Court Ensure Lawsuit Settlements are Paid?

Question: If the court rules in favour of the claimant (the person who filed the lawsuit), what does the court do to ensure payment is received? And is there punishment for non-compliance?

Answer: Execution of final and enforceable judgments are carried out from the premises of the Court of First Instance under the supervision of the Execution Judge and assisted by execution officers. The Execution judge has exclusive jurisdiction regarding enforcement of judgments and determining all objections and disputes in the course of execution proceedings. As soon as the execution action is filed, the judgment debtor is served an execution deed as stipulated in the Civil Procedure Code. The notice states in clear terms what the debtor is required to do within 15 days. Failing the full payment to the judgment creditor, the creditor can seek an attachment order against the debtor's property or assets or apply to detail the debtor.

Question: What is the name of the court that deals with commercial cases?

Answer: Commercial Courts deals with commercial cases. This court has two circuits; the minor circuits consist of a single judge who looks into commercial claims with a value of less than Dh100,000 as well as counter cases regardless of their value. The second circuit is the major circuits which consist of three Judges and is presided by one of them. The major circuits look into commercial claims, the value of which are either not estimated or are greater than Dh100,000 as well as the counter cases, regardless of their value.

After the first instance court judgment, the judgment can be appealed before the court of appeal within 30 days. The time limit begins from the day after the judgement is announced. If the defendant did not attend or plead in trial, the 30-day limit starts the day judgment is served. The litigant parties (parties involved in the lawsuit) can challenge the judgment issued by the Courts of Appeal before the Court of Cassation if the value claimed in the action exceeds Dh200,000.


Related Links


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Your email address will not be published.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

Contact Me





I Agree to Terms and Conditions
Please check this box if you want to proceed.

Select your Language:

        

Main Menu