UAE Litigation

The UAE has a federal court system and local court systems in each emirate. The federal courts have jurisdiction over matters specified in the constitution, while local courts handle other civil and criminal matters. The court structure typically includes Courts of First Instance, Courts of Appeal, and a Court of Cassation (the highest court). Dubai and Ras Al Khaimah have their own independent court systems. Additionally, the DIFC and ADGM have separate common law court systems.

UAE litigation lawyers handle a wide range of civil and commercial disputes, including contract disputes, property and real estate matters, employment claims, banking and finance litigation, construction disputes, insurance claims, intellectual property disputes, and debt recovery. They represent clients in the UAE courts, arbitration proceedings, and alternative dispute resolution processes.

The duration of litigation in the UAE courts varies depending on the complexity of the case and the court’s caseload. Simple cases may be resolved within 6-12 months, while complex commercial disputes can take 2-3 years or longer, especially if appeals are involved. The UAE courts have been working to improve efficiency, and recent reforms have introduced expedited procedures for certain types of cases.

Court proceedings in the UAE mainland courts are conducted in Arabic. All documents submitted to the court must be in Arabic or accompanied by certified Arabic translations. This makes it essential to work with lawyers who are fluent in Arabic or who have reliable translation support. In contrast, the DIFC and ADGM Courts conduct proceedings in English.

Yes, most court decisions in the UAE can be appealed. A judgment from the Court of First Instance can be appealed to the Court of Appeal, and in some cases, a further appeal can be made to the Court of Cassation on points of law. There are strict time limits for filing appeals, typically 30 days from the date of the judgment. An experienced litigation lawyer can advise on the merits and procedure for an appeal.

Once a court judgment becomes final (after any appeals are exhausted or the appeal period expires), the winning party can apply to the Execution Court to enforce the judgment. Enforcement measures can include seizure of bank accounts, attachment of property, travel bans on the judgment debtor, and in some cases, imprisonment for failure to pay. The enforcement process can be complex, and legal assistance is often necessary to navigate it effectively.

Yes, there are several alternatives to litigation in the UAE. Mediation is increasingly popular and can be conducted through court-annexed mediation programs or private mediators. Arbitration is widely used, particularly for commercial disputes, and the UAE has several established arbitration institutions. Negotiated settlements are also common. These alternatives can offer advantages in terms of speed, cost, confidentiality, and preservation of business relationships.

When choosing a litigation lawyer in the UAE, consider their experience with your type of dispute, their track record in UAE courts, their language capabilities (particularly Arabic fluency for mainland court matters), their understanding of both UAE law and any relevant foreign law, their resources and support team, and their approach to case strategy and client communication. A good litigation lawyer will provide realistic assessments and keep you informed throughout the process.

Litigation costs in the UAE include court fees (calculated as a percentage of the claim value, subject to caps), legal fees (which may be hourly, fixed, or a combination), expert witness fees if applicable, translation costs, and enforcement costs. While the UAE does not have a comprehensive “loser pays” costs regime like some jurisdictions, courts may award some costs to the successful party. It is important to discuss fee arrangements and potential costs with your lawyer at the outset.

HAS Law has established itself as one of the top litigation firms in the UAE through its team of experienced advocates, deep understanding of UAE law and court procedures, track record of successful outcomes in complex disputes, client-focused approach, and commitment to excellence. The firm handles high-stakes litigation across various practice areas and is known for its strategic thinking, thorough preparation, and effective advocacy in court.