703-2007 dated 26 May 2009, Dubai Court of Cassation. CFI 004/2012 • DUBAI COURT OF CASSATION: Petition No. Article 94 of the Constitution stipulates: Justice is the basis of rule. The appeal must be filed within 60 days of the judgement of the Court of Appeal if the value claimed in the action exceeds AED 200,000 or cannot be evaluated. In addition, each court has judicial circuits including personal status, civil, criminal, commercial, labour and real estate. Please go to https://171.ae/en/?lang=en, your gateway to UAE government services. 28 of 2005 applies to personal status cases. The division is based on the scope of the case and expertise of the judges. All decisions of Court of Cassation are final and binding and are not subject to appeal. Aiming at reducing the backlog of minor cases pending in courts, the UAE Federal Judiciary has approved the establishment of one-day misdemeanour courts to review and apply rules on specific minor cases in just one day, based on the Code of Criminal Procedures. the UAE High Court case decisions (both civil and criminal), the consultations of the department of consultations (Fatwa) and legislations of Ministry of Justice. Cases are handled by the UAE courts fairly and without interference from any power whatsoever. The court, in issuing its verdict, shall automatically decide on the expenses of the lawsuit as well. Abu Dhabi: UAE Minister of Justice Sultan bin Saeed Al Badi Al Dhaheri has issued ministerial decisions to establish specialised courts to look into money laundering crimes in … This page provides information about the various aspects of civil cases. Only the convicted may appeal the court judgement. A court in Dubai has convicted a Saudi minister and four of his brothers of fraud in a case filed by Palestinian-Canadian businessman Omar Ayesh, the Al Jazeera news network reported Monday. Further, Ministry of Justice launched the legislations ePortal (in Arabic and English) which contains all the general legal texts published in the Official Gazette since the establishment of the UAE in 1971. The UAE Health Ministry conducted more than 25,573 Covid-19 tests in various regions of the country, and announced the registration of 546 new coronavirus cases. Some of them are: Federal Law No. The Federal Law No. The court circuits are major and minor which differ depending on the value , the type of the case, and the number of judges. Disclaimer: You are using Google Translate. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. The court imposed a death sentence, with the verdict upheld by the emirate's Federal Supreme Court last week. For the implementation of judgements issued abroad, the UAE's Ministry of Foreign Affairs and International Cooperation should attest the original judgement. It is presided by the Federal Supreme Court as the highest judicial authority in the UAE. However, it is not possible for a local emirate court to take jurisdiction away from the federal court. The Federal Judiciary is one of the five federal authorities of the UAE Government. Article 105 of the Constitution allows by federal law, for all or part of a local emirate court's jurisdiction to be referred to the federal courts of first instance. DUBAI: The UAE on Monday recorded 3,471 new COVID-19 cases, the highest daily count since the start of the pandemic, and six deaths. The total number of infections jumped to 15,738. Analogous 'Qiyas', which is applied in the absence of a basis for a clear decision and which is drawn in conjunction with the three other sources of law. 1. Get UAE labour law legal advice from our labour lawyers in Dubai, Sharjah, Abu Dhabi UAE. It appoints judges and licenses lawyers, experts and legal translators. The UAE mGovernment is not responsible for the accuracy of information in the translated language. The court may not postpone a lawsuit more than once for the same reason cited by one party except for a valid excuse, if the adjournment period shall not be for more than two weeks. Articles 94 to 109 of the UAE's Constitution describe the general principles of these two systems and leave the details to the discretion of local judiciaries. the International Treaties signed and ratified by the UAE classified by countries and subjects. Labor case execution and checking legal status in the UAE. A similar case was brought to the Supreme Court earlier in 2015 but was not addressed on merits and was rejected procedurally. Thus, appeal is not possible to anyone who accepts the ruling explicitly or implicitly. the court in the area where the defendant resides, the court in the area where the agreement was made, or executed wholly or partially. In performing their duties, judges shall be independent and shall not be subject to any authority but the law and their own conscience. The time limit for appeal shall be 30 days unless otherwise provided by the law, and 10 days in urgent cases. Article 1 of the Law provides that the Law shall apply to all UAE nationals except non-Muslims in which case they shall be governed by special rules relating to their specific creed or sect. Court of Appeal is the second degree of litigation which entitles the litigant affected by the Court of First Instance to appeal his/her case before a higher court in accordance with the provisions of the civil and criminal procedural laws effective in the UAE. For instance, the UAE has enacted legal provisions which prohibit unjustified enrichment and transactions that contain excessive risk or speculation. Due to changes and recent Decree the responsibility and role of the expert will be under overview of Dubai Courts and special Committee. 11 of 1973 regulates judicial relations between the emirates. 5 of 1985 on Civil Transactions, Dubai Personal Status court to move to Al Gharhoud, Federal Law No.6 of 1985 regarding Islamic Banks, State of global Islamic economy 2016/2017, State of global Islamic economy 2017/2018, State of global Islamic economy 2018/2019, Download the ALHOSN UAE contact-tracing app, Maintain physical distance; stay 2 meters (6 feet) away from others, Wash your hands regularly for at least 20 seconds and sanitise them often, Wear masks and gloves inside your homes if you are ill or are taking care of a sick person, avoiding contact with objects that may have been touched by others, cleaning and disinfecting surfaces like countertops, door handles, furniture, toys, phones, laptops, remotes and anything else you use regularly, several times a day, Follow the precautionary measures at your workplace, Trust information only from government authorities, Shake hands or hug and kiss to greet someone, Touch your face unnecessarily; particularly your eyes, nose and mouth, Travel in a car that has more than 3 people, regulating and supervising the administrative and financial affairs of the federal courts, preparing draft laws related to the Federal Judiciary, the federal public prosecution, general amnesty from the judgements issued by the federal courts, perusing the studies, fatwas and all other legal affairs required by the work needs in different federal ministries. Also, the company now is closed with many bounced checks. The first mention of the Federal Supreme Court was in 1968 when both late Sheikh Zayed bin Sultan Al Nahyan and late Sheikh Rashid bin Saeed Al Maktoum, concluded an agreement on a federation between them. On the day scheduled for hearing the case, the parties or their attorneys are required to appear before the court. Three Sharia principles form the benchmark of Islamic economics. 2012 • DUBAI INTERNATIONAL FINANCIAL CENTRE COURT: Case No. The Case Management System (CMS) helps people to file documents electronically, reduces delays in civil court cases and improves efficiency by making information more accessible to all parties. Federal laws define the circumstances in which appeals against judgements by the local judicial authorities in penal, civil, commercial and other cases may be made before the federal courts. The hearing will be held in the first session and if the plaintiff or the defendant submits a document in this session which he could have submitted while filing the case, the court may accept it if it would not result in the adjournment of proceedings. Disclaimer: You are using Google Translate. Both, the Judicial Department in Abu Dhabi and Dubai Courts facilitate online marriage applications and the services of marriage officers. The UAE's Constitution and the President guarantee the value of the mission of justice and respect for judges and judicial bodies. Labour cases can be appealed if the claimed value of the case is more than AED 20,000. To achieve the full extent of justice, the UAE adopts three levels of courts for litigation purposes. Federal Law No. Filing lawsuits requires the plaintiff or his/her representative to submit a 'statement of claim' and supporting documents to the Case Management Office in the court or by creating electronic records for such lawsuits. The time limit to challenge a ruling starts from the day following its issuance, unless the law provides otherwise. In parallel to the civil dominating jurisdiction, the UAE adopts the Sharia law system, which works alongside the civil and criminal courts, particularly within personal status courts. Further, the Federal Law No. If he has no domicile, then the jurisdiction would be the area of his residence or work. They have jurisdiction over all civil, commercial and labour actions, which do not fall within the jurisdiction of the minor circuits. After submitting the documents, the plaintiff or the attorney will be asked to pay the court fee based on the type of the case. The judgement is pronounced publicly by the judge or the head of the circuit according to the circumstances. The Constitution does not allow arbitrary arrest, inhumane treatment and illegal intrusion to private properties. The Federal Supreme Court has held on a number of occasions that the Emirate of Abu Dhabi has retained judicial authority over its local courts. The major circuit of the Court of First Instance is responsible for hearing cases with a claimed value of more than AED 100,000, while cases below this value are brought before the minor circuit. The time limit for appearing before the court is normally 10 days, which may be reduced if necessary, to 3 days. Its jurisdiction includes examining statement of claims, authentication of documents, all urgent matters related to disputes among the people and safeguarding their rights. The DIFC also have a case management process. Although, there exists a restriction of filing claim post the time limit, yet, it will not eliminate the claim in its entirety and gives the defendant to object the claim on the procedural aspect. It covers filing a lawsuit, mediation, appointment of attorneys/lawyers, appearing before court, ending a civil action, appealing against a judgement and more. the requirements relating to capacity to contract, the conditions for clarity of contractual terms. In the UAE, the Islamic laws reflect on the business sector. Other reflections of the Sharia principles on the UAE's business laws are: In addition, the Islamic financial institutions in the UAE offer many Sharia-compliant products. The independence of the Emirati judiciary supports the country's stability and wellbeing. Such cessation could be for a period of six months from the date of the court's approval as per Article 101 of Civil Procedural Law. A man walks past the Dubai Courts. Rolando, now 37, had told prosecutors that his neighbour, a Filipina, invited him … The Dubai Cassation Court looked at similar cases in relation to the constitutional contracts of commercial companies in the past but found that constitutional contracts of companies cannot be rendered fictitious but only void. Q: Hello. The UAE Federal Judiciary has approved the establishment of one-day misdemeanour courts to review and apply rules on specific minor cases in … 18 of 1993 regarding commercial transactions, Dubai International Financial Centre Courts, Lawyers have to bridge the gap in a split legal system, Federal Law No. Local courts (First Instance Court) in the UAE basically consider "cases, authentications and all urgent matters related to disputes among the people as well as the safeguard of their rights, security and safety. However, if the worker loses the case, the court may ask him to pay the fees. 10 of 2014 concerning the Civil Procedural Law, as amended by Law No. Court of Cassation is the higher judicial body with power to try cases contested by the Court of Appeals. Personal status court handles all family cases related to matters such as marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of lineage and inheritance. The failure to observe the time limits of appeal in the judgements results in the extinguishment of the right of appeal. The Constitution explains that there are some disputes that must be heard at a federal level by the Federal Supreme Court and not at a local or emirate's level. It covers filing a lawsuit, mediation, appointment of attorneys/lawyers, appearing before court, ending a civil action, appealing against a judgement and more. In addition, it has engines for searching lawyers, eNotary public, eFiling, eCalendar and searching Shariah Maazoon (court-authorised officials who conclude marriages outside the court premises). Islamic Sharia is one of the sources of the UAE's laws. Court of First Instance (federal and local). 5 of 1985 (text in Arabic) applies to civil cases. Chairman’s Introduction. Federal Law No. Cases are handled by the UAE courts fairly and without interference from any power whatsoever. 8 of 1980 concerning the Regulation of Labour Relations. Each defendant is entitled to receive a copy of the plaintiff’s claim. Only UAE national lawyers with a valid licence are allowed to appear before the UAE courts. In addition, they handle: Labour courts handle cases filed by private sector employees or employers against one another and are regulated by Federal Law no. Ministry of Justice has launched the eMarriage service that helps couples wishing to get married to book an appointment with a marriage officer. Time-limit: 3 business days However, most codified legislations in the UAE are a mixture between Islamic laws and other civil laws such as the Egyptian and French civil laws. According to Article 6 of Federal Law No. If the defendant alone, after receiving the notification, fails to attend the hearing, the court will decide in the lawsuit unless he was not served with the notification, wherein the court, in non-summary proceedings, may adjourn the hearing to the following session. conflict of jurisdiction between the judicial authority in one emirate and the judicial authority in another emirate and the classification of the principles relating to it in a federal law. The Court has also applied a mechanism for ex-parte judgment in payment order cases. Federal Law No. The case before The Hague-based International Court of Justice focuses on the UAE’s decision to expel Qatari citizens, block Qatar from accessing its airspace and other matters arising as part of an ongoing diplomatic dispute, Doha said in a statement. At the federal level, Ministry of Justice oversees courts and prosecution departments across the UAE. The grounds of the appeal can be based on factual or legal grounds or both. The judgement is executed under the supervision of the execution judge at the Court of First Instance, assisted by execution representatives. administrative and real estate actions irrespective of their value, temporary or summary claims and all other counterclaims, as well as the claims related to the original request. Gulf News. All defendants, whether Emiratis or expatriates enjoy the right to a fair trial and this right is clearly protected in the UAE's laws. No party shall be allowed to expedite the case during this period, except with the consent of the other. Commercial courts handle commercial contracts and commitments, banking processes, commercial papers, bankruptcy and its reconciliation issues. All are equal before the law, regardless of race, nationality and religion. I used to work in Dubai. preparing major draft legislations related to the laws on real estate, the expropriation for the public interest, penal law, civil and commercial procedures laws, companies law, procedures before civil and criminal courts, laws of protection of literary, artistic and industrial property, copyrights and laws of extradition of criminals. Give us your feedback so we can improve your experience. The principles of the UAE's laws are drawn basically from Islamic Sharia (the system of law). Acknowledgements. The valuation should be based on the last request made by the parties in the lawsuit and shall include indemnities, revenues and expenditure etc. Article 94 of the Constitution stipulates: Justice is the basis of rule. The Federal Supreme Court in the United Arab Emirates (UAE) has released a long-awaited decision regarding whether late payment penalties apply to Voluntary Disclosures submitted by taxpayers, in addition to the standard, statutory, voluntary disclosure penalties. If several persons were convicted, the court may decide to divide the expenses equally or on a pro-rata basis, in accordance with its estimation. 1 of 1972 on the Jurisdictions of the Ministries and the Competences of the Ministers, its jurisdiction involves: As per the UAE's Constitution, the Federal Judiciary enjoys full independence and justice is the basis of its authority. those related to the claim and specification of wages and salaries whatever was their value. A one-day misdemeanor court will be … Officials … My company did not pay me my salary for 8 months, so I filed a case at the court. The UAE judiciary is entirely independent and judges are subject to no authority other than the rule of law and their conscience. completion of term of contract for individuals on contract or completion of the term of secondment, permanent incapacity to carry the burdens of their duties by reasons of ill health, disciplinary discharge on the basis of the reasons and proceedings stipulated in the law, appointment to other offices, with their agreement, disputes between member emirates, or between any one or more emirate and the Federal Government, constitutionality of the federal laws and the constitutional legality of legislations enacted by local emirates if they are challenged by the federal laws or the Constitution, examination of the constitutional legality of laws if such a request is referred by any state court, constitutional interpretations if requested by federal entity or any emirate, interrogation of Ministers and senior federal officials on the basis of a request by the Federal Supreme Council, crimes directly affecting the interests of the federation; such as crimes relating to internal or external security, forgery of the official records or seals, conflict of jurisdiction between federal judicial authorities and the local judicial authorities. 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