Litigation in Dubai
Dubai is prominent global financial center, and so it is home to many commercial disputes. And while its court systems have many similarities to its American counterparts, there are fascinating differences.
To learn more, I asked Majid Asad Alameeri, the head of litigation at the Dubai law firm of Hussain Lootah and Associates to share information about his firm’s litigation practice.
Why should you read this post about litigation in Dubai?
Reading this post is less expensive than flying to Dubai.
You’re interested in the differences between court systems in Dubai and other parts of the United Arab Emirates.
You had a nightmare where you were on a jury in a civil dispute in Dubai and are looking for something on the internet to convince you it wasn’t real.
Background
Can you tell me about the kinds of disputes you handle in your legal practice?
HL&A is a Dubai based law firm specialized in Litigation. Most of the disputes we handle fall under:
Corporate and Commercial Disputes
Real Estate and Rental Disputes
Labor Disputes
Family and Matrimonial Disputes
Insurance Disputes
Bankruptcy and Insolvency
Corporate Debt Recovery
White Collar and Financial Crimes
What type of clients do you generally represent in disputes?
Most of the clients we represent before the UAE courts are corporate and commercial entities. We also advise and represent stakeholders across the entire real estate sector, including private and semi-governmental developers, investors, contractors, landlords, owners’ associations and tenants.
Our family law division delivers legal guidance for all areas of family life. We help create the structures to safeguard family relations and deal with disputes as they arise.
Besides Microsoft Office, what software do you use in your practice?
We use a bespoke Salesforce software, GoToMeeting, and Zoom.
What books and websites do you use for legal research?
Our legal consultants and advocates refer to Dubai Courts and Ministry of Justice’s websites for the latest laws and legislation, in addition to the UAE Official Gazette.
We also use Lexis Middle East platforms in both English and Arabic.
Court in Dubai (Image Credit)
I understand that Dubai has a separate court system from other parts of the UAE. In what ways are they different? And in what ways are they the same?
The legal structure in the UAE runs in two systems: The Federal Judiciary presided by the Federal Supreme Court as the highest judicial authority in the UAE and the local judicial departments at the local government level.
At the federal level, Ministry of Justice oversees courts and prosecution departments across the UAE. It appoints judges and licenses lawyers, experts, and legal translators.
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. Each of the seven emirates maintain the right to choose either to participate in the Federal Judiciary or to maintain its own local judicial system. The emirates of Sharjah, Ajman Fujairah and Umm Al Quwain follow the federal judicial system.
However, at the local level, the Abu Dhabi Judicial Department in Abu Dhabi, the Dubai Courts in Dubai, and the RAK Courts in Ras Al Khaimah maintain their own independent judicial departments, with jurisdiction in matters that were not assigned to the Federal Judiciary in accordance with the Constitution.
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. These are detailed in Articles 99 and 102 of the Constitution.
Do cases get transferred between local courts and federal courts in the UAE?
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. However, it is not possible for a local emirate court to take jurisdiction away from the federal court.
There may also be transfers in appeals. UAE federal laws define the circumstances in which appeals against judgments by the local judicial authorities in penal, civil, commercial and other cases may be made before the federal courts.
Further, the Federal Law No. 11 of 1973 regulates judicial relations between the emirates.
Do Dubai courts apply the English common law or cite the laws of other countries in their decisions?
Dubai Courts apply the Civil Law and the UAE Federal Law. They do not cite any law whether English Law or the law of other countries.
Do Dubai courts permit litigants to file documents electronically or must they go to the courthouse and deliver papers?
Yes, Dubai Courts permit litigants to file documents via dedicated portals online. But litigants may also physically file documents at the courthouse.
In an earlier post on this blog, I wrote about specialized commercial courts. I understand that Dubai has such a system, called the Dubai International Financial Center Courts. What are the requirements for a case to qualify for those courts?
In order to refer a case to the DIFC Courts, the parties must have selected the DIFC Courts' jurisdiction and included it in the dispute clause in the agreement, and this should not be in conflict with the UAE Law.
Are commercial disputes in Dubai decided by juries?
No, in Dubai no disputes are decided by juries.
Do you have the ability to interview opposing witnesses before trial?
Yes, in certain circumstances.
Do Dubai courts require litigants to respond to document requests?
Dubai Courts do not force litigants to respond to document requests.
If you win a commercial dispute, does the other side reimburse your attorneys’ fees?
Yes, but the reimbursement of the attorney fees, whether partially or in full is at the sole discretion of the Court.
How often do you go to the courthouse?
We go to the courthouse daily. Recently we have been attending virtually as part of the precautions set by the government in line with the Coronavirus pandemic.
When you are there, do you need to wear a special robe or wig?
A robe is mandatory when at the courthouse.